Bill Text: IL HB5496 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Amends various Acts by replacing the term "accident", in relation to automobiles, motor vehicles, and traffic accidents, with the term "crash". Provides that a State agency may exhaust any forms or documents using "accident" prior to printing copies of a new version using "crash". Effective immediately.
Spectrum: Slight Partisan Bill (Republican 9-4)
Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-0982 [HB5496 Detail]
Download: Illinois-2021-HB5496-Engrossed.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7 as follows:
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6 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
7 | Sec. 7. Exemptions.
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8 | (1) When a request is made to inspect or copy a public | ||||||
9 | record that contains information that is exempt from | ||||||
10 | disclosure under this Section, but also contains information | ||||||
11 | that is not exempt from disclosure, the public body may elect | ||||||
12 | to redact the information that is exempt. The public body | ||||||
13 | shall make the remaining information available for inspection | ||||||
14 | and copying. Subject to this requirement, the following shall | ||||||
15 | be exempt from inspection and copying:
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16 | (a) Information specifically prohibited from | ||||||
17 | disclosure by federal or
State law or rules and | ||||||
18 | regulations implementing federal or State law.
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19 | (b) Private information, unless disclosure is required | ||||||
20 | by another provision of this Act, a State or federal law or | ||||||
21 | a court order. | ||||||
22 | (b-5) Files, documents, and other data or databases | ||||||
23 | maintained by one or more law enforcement agencies and |
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1 | specifically designed to provide information to one or | ||||||
2 | more law enforcement agencies regarding the physical or | ||||||
3 | mental status of one or more individual subjects. | ||||||
4 | (c) Personal information contained within public | ||||||
5 | records, the disclosure of which would constitute a | ||||||
6 | clearly
unwarranted invasion of personal privacy, unless | ||||||
7 | the disclosure is
consented to in writing by the | ||||||
8 | individual subjects of the information. "Unwarranted | ||||||
9 | invasion of personal privacy" means the disclosure of | ||||||
10 | information that is highly personal or objectionable to a | ||||||
11 | reasonable person and in which the subject's right to | ||||||
12 | privacy outweighs any legitimate public interest in | ||||||
13 | obtaining the information. The
disclosure of information | ||||||
14 | that bears on the public duties of public
employees and | ||||||
15 | officials shall not be considered an invasion of personal
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16 | privacy.
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17 | (d) Records in the possession of any public body | ||||||
18 | created in the course of administrative enforcement
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19 | proceedings, and any law enforcement or correctional | ||||||
20 | agency for
law enforcement purposes,
but only to the | ||||||
21 | extent that disclosure would:
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22 | (i) interfere with pending or actually and | ||||||
23 | reasonably contemplated
law enforcement proceedings | ||||||
24 | conducted by any law enforcement or correctional
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25 | agency that is the recipient of the request;
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26 | (ii) interfere with active administrative |
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1 | enforcement proceedings
conducted by the public body | ||||||
2 | that is the recipient of the request;
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3 | (iii) create a substantial likelihood that a | ||||||
4 | person will be deprived of a fair trial or an impartial | ||||||
5 | hearing;
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6 | (iv) unavoidably disclose the identity of a | ||||||
7 | confidential source, confidential information | ||||||
8 | furnished only by the confidential source, or persons | ||||||
9 | who file complaints with or provide information to | ||||||
10 | administrative, investigative, law enforcement, or | ||||||
11 | penal agencies; except that the identities of | ||||||
12 | witnesses to traffic crashes accidents , traffic crash | ||||||
13 | accident reports, and rescue reports shall be provided | ||||||
14 | by agencies of local government, except when | ||||||
15 | disclosure would interfere with an active criminal | ||||||
16 | investigation conducted by the agency that is the | ||||||
17 | recipient of the request;
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18 | (v) disclose unique or specialized investigative | ||||||
19 | techniques other than
those generally used and known | ||||||
20 | or disclose internal documents of
correctional | ||||||
21 | agencies related to detection, observation or | ||||||
22 | investigation of
incidents of crime or misconduct, and | ||||||
23 | disclosure would result in demonstrable harm to the | ||||||
24 | agency or public body that is the recipient of the | ||||||
25 | request;
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26 | (vi) endanger the life or physical safety of law |
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1 | enforcement personnel
or any other person; or
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2 | (vii) obstruct an ongoing criminal investigation | ||||||
3 | by the agency that is the recipient of the request.
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4 | (d-5) A law enforcement record created for law | ||||||
5 | enforcement purposes and contained in a shared electronic | ||||||
6 | record management system if the law enforcement agency | ||||||
7 | that is the recipient of the request did not create the | ||||||
8 | record, did not participate in or have a role in any of the | ||||||
9 | events which are the subject of the record, and only has | ||||||
10 | access to the record through the shared electronic record | ||||||
11 | management system. | ||||||
12 | (d-6) Records contained in the Officer Professional | ||||||
13 | Conduct Database under Section 9.2 9.4 of the Illinois | ||||||
14 | Police Training Act, except to the extent authorized under | ||||||
15 | that Section. This includes the documents supplied to the | ||||||
16 | Illinois Law Enforcement Training Standards Board from the | ||||||
17 | Illinois State Police and Illinois State Police Merit | ||||||
18 | Board. | ||||||
19 | (e) Records that relate to or affect the security of | ||||||
20 | correctional
institutions and detention facilities.
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21 | (e-5) Records requested by persons committed to the | ||||||
22 | Department of Corrections, Department of Human Services | ||||||
23 | Division of Mental Health, or a county jail if those | ||||||
24 | materials are available in the library of the correctional | ||||||
25 | institution or facility or jail where the inmate is | ||||||
26 | confined. |
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1 | (e-6) Records requested by persons committed to the | ||||||
2 | Department of Corrections, Department of Human Services | ||||||
3 | Division of Mental Health, or a county jail if those | ||||||
4 | materials include records from staff members' personnel | ||||||
5 | files, staff rosters, or other staffing assignment | ||||||
6 | information. | ||||||
7 | (e-7) Records requested by persons committed to the | ||||||
8 | Department of Corrections or Department of Human Services | ||||||
9 | Division of Mental Health if those materials are available | ||||||
10 | through an administrative request to the Department of | ||||||
11 | Corrections or Department of Human Services Division of | ||||||
12 | Mental Health. | ||||||
13 | (e-8) Records requested by a person committed to the | ||||||
14 | Department of Corrections, Department of Human Services | ||||||
15 | Division of Mental Health, or a county jail, the | ||||||
16 | disclosure of which would result in the risk of harm to any | ||||||
17 | person or the risk of an escape from a jail or correctional | ||||||
18 | institution or facility. | ||||||
19 | (e-9) Records requested by a person in a county jail | ||||||
20 | or committed to the Department of Corrections or | ||||||
21 | Department of Human Services Division of Mental Health, | ||||||
22 | containing personal information pertaining to the person's | ||||||
23 | victim or the victim's family, including, but not limited | ||||||
24 | to, a victim's home address, home telephone number, work | ||||||
25 | or school address, work telephone number, social security | ||||||
26 | number, or any other identifying information, except as |
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1 | may be relevant to a requester's current or potential case | ||||||
2 | or claim. | ||||||
3 | (e-10) Law enforcement records of other persons | ||||||
4 | requested by a person committed to the Department of | ||||||
5 | Corrections, Department of Human Services Division of | ||||||
6 | Mental Health, or a county jail, including, but not | ||||||
7 | limited to, arrest and booking records, mug shots, and | ||||||
8 | crime scene photographs, except as these records may be | ||||||
9 | relevant to the requester's current or potential case or | ||||||
10 | claim. | ||||||
11 | (f) Preliminary drafts, notes, recommendations, | ||||||
12 | memoranda and other
records in which opinions are | ||||||
13 | expressed, or policies or actions are
formulated, except | ||||||
14 | that a specific record or relevant portion of a
record | ||||||
15 | shall not be exempt when the record is publicly cited
and | ||||||
16 | identified by the head of the public body. The exemption | ||||||
17 | provided in
this paragraph (f) extends to all those | ||||||
18 | records of officers and agencies
of the General Assembly | ||||||
19 | that pertain to the preparation of legislative
documents.
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20 | (g) Trade secrets and commercial or financial | ||||||
21 | information obtained from
a person or business where the | ||||||
22 | trade secrets or commercial or financial information are | ||||||
23 | furnished under a claim that they are
proprietary, | ||||||
24 | privileged, or confidential, and that disclosure of the | ||||||
25 | trade
secrets or commercial or financial information would | ||||||
26 | cause competitive harm to the person or business, and only |
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1 | insofar as the claim directly applies to the records | ||||||
2 | requested. | ||||||
3 | The information included under this exemption includes | ||||||
4 | all trade secrets and commercial or financial information | ||||||
5 | obtained by a public body, including a public pension | ||||||
6 | fund, from a private equity fund or a privately held | ||||||
7 | company within the investment portfolio of a private | ||||||
8 | equity fund as a result of either investing or evaluating | ||||||
9 | a potential investment of public funds in a private equity | ||||||
10 | fund. The exemption contained in this item does not apply | ||||||
11 | to the aggregate financial performance information of a | ||||||
12 | private equity fund, nor to the identity of the fund's | ||||||
13 | managers or general partners. The exemption contained in | ||||||
14 | this item does not apply to the identity of a privately | ||||||
15 | held company within the investment portfolio of a private | ||||||
16 | equity fund, unless the disclosure of the identity of a | ||||||
17 | privately held company may cause competitive harm. | ||||||
18 | Nothing contained in this
paragraph (g) shall be | ||||||
19 | construed to prevent a person or business from
consenting | ||||||
20 | to disclosure.
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21 | (h) Proposals and bids for any contract, grant, or | ||||||
22 | agreement, including
information which if it were | ||||||
23 | disclosed would frustrate procurement or give
an advantage | ||||||
24 | to any person proposing to enter into a contractor | ||||||
25 | agreement
with the body, until an award or final selection | ||||||
26 | is made. Information
prepared by or for the body in |
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1 | preparation of a bid solicitation shall be
exempt until an | ||||||
2 | award or final selection is made.
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3 | (i) Valuable formulae,
computer geographic systems,
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4 | designs, drawings and research data obtained or
produced | ||||||
5 | by any public body when disclosure could reasonably be | ||||||
6 | expected to
produce private gain or public loss.
The | ||||||
7 | exemption for "computer geographic systems" provided in | ||||||
8 | this paragraph
(i) does not extend to requests made by | ||||||
9 | news media as defined in Section 2 of
this Act when the | ||||||
10 | requested information is not otherwise exempt and the only
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11 | purpose of the request is to access and disseminate | ||||||
12 | information regarding the
health, safety, welfare, or | ||||||
13 | legal rights of the general public.
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14 | (j) The following information pertaining to | ||||||
15 | educational matters: | ||||||
16 | (i) test questions, scoring keys and other | ||||||
17 | examination data used to
administer an academic | ||||||
18 | examination;
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19 | (ii) information received by a primary or | ||||||
20 | secondary school, college, or university under its | ||||||
21 | procedures for the evaluation of faculty members by | ||||||
22 | their academic peers; | ||||||
23 | (iii) information concerning a school or | ||||||
24 | university's adjudication of student disciplinary | ||||||
25 | cases, but only to the extent that disclosure would | ||||||
26 | unavoidably reveal the identity of the student; and |
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1 | (iv) course materials or research materials used | ||||||
2 | by faculty members. | ||||||
3 | (k) Architects' plans, engineers' technical | ||||||
4 | submissions, and
other
construction related technical | ||||||
5 | documents for
projects not constructed or developed in | ||||||
6 | whole or in part with public funds
and the same for | ||||||
7 | projects constructed or developed with public funds, | ||||||
8 | including, but not limited to, power generating and | ||||||
9 | distribution stations and other transmission and | ||||||
10 | distribution facilities, water treatment facilities, | ||||||
11 | airport facilities, sport stadiums, convention centers, | ||||||
12 | and all government owned, operated, or occupied buildings, | ||||||
13 | but
only to the extent
that disclosure would compromise | ||||||
14 | security.
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15 | (l) Minutes of meetings of public bodies closed to the
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16 | public as provided in the Open Meetings Act until the | ||||||
17 | public body
makes the minutes available to the public | ||||||
18 | under Section 2.06 of the Open
Meetings Act.
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19 | (m) Communications between a public body and an | ||||||
20 | attorney or auditor
representing the public body that | ||||||
21 | would not be subject to discovery in
litigation, and | ||||||
22 | materials prepared or compiled by or for a public body in
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23 | anticipation of a criminal, civil, or administrative | ||||||
24 | proceeding upon the
request of an attorney advising the | ||||||
25 | public body, and materials prepared or
compiled with | ||||||
26 | respect to internal audits of public bodies.
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1 | (n) Records relating to a public body's adjudication | ||||||
2 | of employee grievances or disciplinary cases; however, | ||||||
3 | this exemption shall not extend to the final outcome of | ||||||
4 | cases in which discipline is imposed.
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5 | (o) Administrative or technical information associated | ||||||
6 | with automated
data processing operations, including, but | ||||||
7 | not limited to, software,
operating protocols, computer | ||||||
8 | program abstracts, file layouts, source
listings, object | ||||||
9 | modules, load modules, user guides, documentation
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10 | pertaining to all logical and physical design of | ||||||
11 | computerized systems,
employee manuals, and any other | ||||||
12 | information that, if disclosed, would
jeopardize the | ||||||
13 | security of the system or its data or the security of
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14 | materials exempt under this Section.
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15 | (p) Records relating to collective negotiating matters
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16 | between public bodies and their employees or | ||||||
17 | representatives, except that
any final contract or | ||||||
18 | agreement shall be subject to inspection and copying.
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19 | (q) Test questions, scoring keys, and other | ||||||
20 | examination data used to determine the qualifications of | ||||||
21 | an applicant for a license or employment.
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22 | (r) The records, documents, and information relating | ||||||
23 | to real estate
purchase negotiations until those | ||||||
24 | negotiations have been completed or
otherwise terminated. | ||||||
25 | With regard to a parcel involved in a pending or
actually | ||||||
26 | and reasonably contemplated eminent domain proceeding |
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1 | under the Eminent Domain Act, records, documents, and
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2 | information relating to that parcel shall be exempt except | ||||||
3 | as may be
allowed under discovery rules adopted by the | ||||||
4 | Illinois Supreme Court. The
records, documents, and | ||||||
5 | information relating to a real estate sale shall be
exempt | ||||||
6 | until a sale is consummated.
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7 | (s) Any and all proprietary information and records | ||||||
8 | related to the
operation of an intergovernmental risk | ||||||
9 | management association or
self-insurance pool or jointly | ||||||
10 | self-administered health and accident
cooperative or pool.
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11 | Insurance or self insurance (including any | ||||||
12 | intergovernmental risk management association or self | ||||||
13 | insurance pool) claims, loss or risk management | ||||||
14 | information, records, data, advice or communications.
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15 | (t) Information contained in or related to | ||||||
16 | examination, operating, or
condition reports prepared by, | ||||||
17 | on behalf of, or for the use of a public
body responsible | ||||||
18 | for the regulation or supervision of financial
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19 | institutions, insurance companies, or pharmacy benefit | ||||||
20 | managers, unless disclosure is otherwise
required by State | ||||||
21 | law.
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22 | (u) Information that would disclose
or might lead to | ||||||
23 | the disclosure of
secret or confidential information, | ||||||
24 | codes, algorithms, programs, or private
keys intended to | ||||||
25 | be used to create electronic signatures under the Uniform | ||||||
26 | Electronic Transactions Act.
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1 | (v) Vulnerability assessments, security measures, and | ||||||
2 | response policies
or plans that are designed to identify, | ||||||
3 | prevent, or respond to potential
attacks upon a | ||||||
4 | community's population or systems, facilities, or | ||||||
5 | installations,
the destruction or contamination of which | ||||||
6 | would constitute a clear and present
danger to the health | ||||||
7 | or safety of the community, but only to the extent that
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8 | disclosure could reasonably be expected to jeopardize the | ||||||
9 | effectiveness of the
measures or the safety of the | ||||||
10 | personnel who implement them or the public.
Information | ||||||
11 | exempt under this item may include such things as details
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12 | pertaining to the mobilization or deployment of personnel | ||||||
13 | or equipment, to the
operation of communication systems or | ||||||
14 | protocols, or to tactical operations.
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15 | (w) (Blank). | ||||||
16 | (x) Maps and other records regarding the location or | ||||||
17 | security of generation, transmission, distribution, | ||||||
18 | storage, gathering,
treatment, or switching facilities | ||||||
19 | owned by a utility, by a power generator, or by the | ||||||
20 | Illinois Power Agency.
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21 | (y) Information contained in or related to proposals, | ||||||
22 | bids, or negotiations related to electric power | ||||||
23 | procurement under Section 1-75 of the Illinois Power | ||||||
24 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
25 | Act that is determined to be confidential and proprietary | ||||||
26 | by the Illinois Power Agency or by the Illinois Commerce |
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1 | Commission.
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2 | (z) Information about students exempted from | ||||||
3 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
4 | School Code, and information about undergraduate students | ||||||
5 | enrolled at an institution of higher education exempted | ||||||
6 | from disclosure under Section 25 of the Illinois Credit | ||||||
7 | Card Marketing Act of 2009. | ||||||
8 | (aa) Information the disclosure of which is
exempted | ||||||
9 | under the Viatical Settlements Act of 2009.
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10 | (bb) Records and information provided to a mortality | ||||||
11 | review team and records maintained by a mortality review | ||||||
12 | team appointed under the Department of Juvenile Justice | ||||||
13 | Mortality Review Team Act. | ||||||
14 | (cc) Information regarding interments, entombments, or | ||||||
15 | inurnments of human remains that are submitted to the | ||||||
16 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
17 | the Cemetery Oversight Act, whichever is applicable. | ||||||
18 | (dd) Correspondence and records (i) that may not be | ||||||
19 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
20 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
21 | the Illinois Public Aid Code. | ||||||
22 | (ee) The names, addresses, or other personal | ||||||
23 | information of persons who are minors and are also | ||||||
24 | participants and registrants in programs of park | ||||||
25 | districts, forest preserve districts, conservation | ||||||
26 | districts, recreation agencies, and special recreation |
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1 | associations. | ||||||
2 | (ff) The names, addresses, or other personal | ||||||
3 | information of participants and registrants in programs of | ||||||
4 | park districts, forest preserve districts, conservation | ||||||
5 | districts, recreation agencies, and special recreation | ||||||
6 | associations where such programs are targeted primarily to | ||||||
7 | minors. | ||||||
8 | (gg) Confidential information described in Section | ||||||
9 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
10 | 2012. | ||||||
11 | (hh) The report submitted to the State Board of | ||||||
12 | Education by the School Security and Standards Task Force | ||||||
13 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
14 | School Code and any information contained in that report. | ||||||
15 | (ii) Records requested by persons committed to or | ||||||
16 | detained by the Department of Human Services under the | ||||||
17 | Sexually Violent Persons Commitment Act or committed to | ||||||
18 | the Department of Corrections under the Sexually Dangerous | ||||||
19 | Persons Act if those materials: (i) are available in the | ||||||
20 | library of the facility where the individual is confined; | ||||||
21 | (ii) include records from staff members' personnel files, | ||||||
22 | staff rosters, or other staffing assignment information; | ||||||
23 | or (iii) are available through an administrative request | ||||||
24 | to the Department of Human Services or the Department of | ||||||
25 | Corrections. | ||||||
26 | (jj) Confidential information described in Section |
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1 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
2 | (kk) The public body's credit card numbers, debit card | ||||||
3 | numbers, bank account numbers, Federal Employer | ||||||
4 | Identification Number, security code numbers, passwords, | ||||||
5 | and similar account information, the disclosure of which | ||||||
6 | could result in identity theft or impression or defrauding | ||||||
7 | of a governmental entity or a person. | ||||||
8 | (ll) Records concerning the work of the threat | ||||||
9 | assessment team of a school district. | ||||||
10 | (1.5) Any information exempt from disclosure under the | ||||||
11 | Judicial Privacy Act shall be redacted from public records | ||||||
12 | prior to disclosure under this Act. | ||||||
13 | (2) A public record that is not in the possession of a | ||||||
14 | public body but is in the possession of a party with whom the | ||||||
15 | agency has contracted to perform a governmental function on | ||||||
16 | behalf of the public body, and that directly relates to the | ||||||
17 | governmental function and is not otherwise exempt under this | ||||||
18 | Act, shall be considered a public record of the public body, | ||||||
19 | for purposes of this Act. | ||||||
20 | (3) This Section does not authorize withholding of | ||||||
21 | information or limit the
availability of records to the | ||||||
22 | public, except as stated in this Section or
otherwise provided | ||||||
23 | in this Act.
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24 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
25 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
26 | 6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
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1 | Section 10. The State Employee Indemnification Act is | ||||||
2 | amended by changing Section 2 as follows:
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3 | (5 ILCS 350/2) (from Ch. 127, par. 1302)
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4 | Sec. 2. Representation and indemnification of State | ||||||
5 | employees.
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6 | (a) In the event that any civil proceeding is commenced | ||||||
7 | against any
State employee arising out of any act
or omission | ||||||
8 | occurring within the scope of the employee's State employment,
| ||||||
9 | the Attorney General shall, upon timely and appropriate notice | ||||||
10 | to him by
such employee, appear on behalf of such employee and | ||||||
11 | defend
the action. In the event that any civil proceeding
is | ||||||
12 | commenced against any physician who is an employee of the | ||||||
13 | Department
of Corrections or the Department of Human Services | ||||||
14 | (in a position relating to
the Department's mental health and | ||||||
15 | developmental disabilities functions)
alleging death or bodily | ||||||
16 | injury or other injury to the person
of the complainant | ||||||
17 | resulting from and arising out of any act or omission
| ||||||
18 | occurring on or after December 3, 1977 within the scope of the | ||||||
19 | employee's
State employment, or against any physician who is | ||||||
20 | an employee of the
Department of Veterans' Affairs alleging | ||||||
21 | death or bodily injury or other
injury to the person of the | ||||||
22 | complainant resulting from and arising out of
any act or | ||||||
23 | omission occurring on or after the effective date of this
| ||||||
24 | amendatory Act of 1988 within the scope of the employee's |
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1 | State
employment, or in the event that any civil proceeding is | ||||||
2 | commenced
against any attorney who is an employee of the State | ||||||
3 | Appellate Defender
alleging legal malpractice or for other | ||||||
4 | damages resulting from and arising
out of any legal act or | ||||||
5 | omission occurring on or after December 3, 1977,
within the | ||||||
6 | scope of the employee's State employment,
or in the event that | ||||||
7 | any civil proceeding is commenced against any
individual or | ||||||
8 | organization who contracts with the Department of Labor to
| ||||||
9 | provide services as a carnival and amusement ride safety | ||||||
10 | inspector alleging
malpractice, death or bodily injury or | ||||||
11 | other injury to the person arising
out of any act or omission | ||||||
12 | occurring on or after May 1, 1985, within the
scope of that | ||||||
13 | employee's State employment, the Attorney General shall, upon
| ||||||
14 | timely and appropriate notice to him by such employee, appear | ||||||
15 | on behalf of
such employee and defend the action. Any such | ||||||
16 | notice shall be in
writing, shall be mailed within 15 days | ||||||
17 | after the date of receipt by the
employee of service of | ||||||
18 | process, and shall authorize the Attorney General
to represent | ||||||
19 | and defend the employee in the proceeding. The giving of
this | ||||||
20 | notice to the Attorney General shall constitute an agreement | ||||||
21 | by the
State employee to cooperate with the Attorney General | ||||||
22 | in his defense of
the action and a consent that the Attorney | ||||||
23 | General shall conduct the
defense as he deems advisable and in | ||||||
24 | the best interests of the employee,
including settlement in | ||||||
25 | the Attorney General's discretion. In any such
proceeding, the | ||||||
26 | State shall pay the court costs and litigation expenses
of |
| |||||||
| |||||||
1 | defending such action, to the extent approved by the Attorney | ||||||
2 | General
as reasonable, as they are incurred.
| ||||||
3 | (b) In the event that the Attorney General determines that | ||||||
4 | so
appearing and defending an employee either (1) involves an | ||||||
5 | actual or
potential conflict of interest, or (2) that the act | ||||||
6 | or omission which
gave rise to the claim was not within the | ||||||
7 | scope of the employee's State
employment or was intentional, | ||||||
8 | wilful or wanton misconduct, the Attorney
General shall | ||||||
9 | decline in writing to appear or defend or shall promptly
take | ||||||
10 | appropriate action to withdraw as attorney for such employee. | ||||||
11 | Upon
receipt of such declination or upon such withdrawal by | ||||||
12 | the Attorney
General on the basis of an actual or potential | ||||||
13 | conflict of interest, the
State employee may employ his own | ||||||
14 | attorney to appear and defend, in
which event the State shall | ||||||
15 | pay the employee's court costs, litigation
expenses and | ||||||
16 | attorneys' fees to the extent approved by the Attorney
General | ||||||
17 | as reasonable, as they are incurred. In the event that the
| ||||||
18 | Attorney General declines to appear or withdraws on the | ||||||
19 | grounds that the
act or omission was not within the scope of | ||||||
20 | employment, or was
intentional, wilful or wanton misconduct, | ||||||
21 | and a court or jury finds that
the act or omission of the State | ||||||
22 | employee was within the scope of
employment and was not | ||||||
23 | intentional, wilful or wanton misconduct, the
State shall | ||||||
24 | indemnify the State employee for any damages awarded and
court | ||||||
25 | costs and attorneys' fees assessed as part of any final and
| ||||||
26 | unreversed judgment. In such event the State shall also pay |
| |||||||
| |||||||
1 | the
employee's court costs, litigation expenses and attorneys' | ||||||
2 | fees to the
extent approved by the Attorney General as | ||||||
3 | reasonable.
| ||||||
4 | In the event that the defendant in the proceeding is an | ||||||
5 | elected State
official, including members of the General | ||||||
6 | Assembly, the elected State
official may retain his or her | ||||||
7 | attorney, provided that said attorney
shall be reasonably | ||||||
8 | acceptable to the Attorney General. In such case
the State | ||||||
9 | shall pay the elected State official's court costs, litigation
| ||||||
10 | expenses, and attorneys' fees, to the extent approved by the | ||||||
11 | Attorney
General as reasonable, as they are incurred.
| ||||||
12 | (b-5) The Attorney General may file a counterclaim on | ||||||
13 | behalf of a State
employee, provided:
| ||||||
14 | (1) the Attorney General determines that the State | ||||||
15 | employee is entitled to
representation in a civil action | ||||||
16 | under this Section;
| ||||||
17 | (2) the counterclaim arises out of any act or omission | ||||||
18 | occurring within
the scope of the employee's State | ||||||
19 | employment that is the subject of the civil
action; and
| ||||||
20 | (3) the employee agrees in writing that if judgment is | ||||||
21 | entered in favor of
the employee, the amount of the | ||||||
22 | judgment shall be applied to offset any
judgment that may | ||||||
23 | be entered in favor of the plaintiff, and then to | ||||||
24 | reimburse
the State treasury for court costs and | ||||||
25 | litigation expenses required to pursue
the counterclaim. | ||||||
26 | The balance of the collected judgment shall be paid to the
|
| |||||||
| |||||||
1 | State employee.
| ||||||
2 | (c) Notwithstanding any other provision of this Section,
| ||||||
3 | representation and indemnification of a judge under this Act | ||||||
4 | shall also be
provided in any case where the plaintiff seeks | ||||||
5 | damages or any equitable
relief as a result of any decision, | ||||||
6 | ruling or order of a judge made in the
course of his or her | ||||||
7 | judicial or administrative duties, without regard to
the | ||||||
8 | theory of recovery employed by the plaintiff. Indemnification | ||||||
9 | shall be
for all damages awarded and all court costs, attorney | ||||||
10 | fees and litigation
expenses assessed against the judge. When | ||||||
11 | a judge has been convicted of a
crime as a result of his or her | ||||||
12 | intentional judicial misconduct in a trial,
that judge shall | ||||||
13 | not be entitled to indemnification and representation
under | ||||||
14 | this subsection in any case maintained by a party who seeks | ||||||
15 | damages
or other equitable relief as a direct result of
the | ||||||
16 | judge's intentional judicial misconduct.
| ||||||
17 | (d) In any such proceeding where notice in accordance with | ||||||
18 | this Section
has been given to the Attorney
General, unless | ||||||
19 | the court or jury finds that the
conduct or inaction which gave | ||||||
20 | rise to the claim or cause of action was
intentional, wilful or | ||||||
21 | wanton misconduct and was not intended to serve
or benefit | ||||||
22 | interests of the State, the State shall indemnify the State
| ||||||
23 | employee for any damages awarded and court costs and | ||||||
24 | attorneys' fees
assessed as part of any final and unreversed | ||||||
25 | judgment, or shall pay such
judgment. Unless the
Attorney | ||||||
26 | General determines that the conduct or inaction which gave |
| |||||||
| |||||||
1 | rise
to the claim or cause of action was intentional, wilful or | ||||||
2 | wanton
misconduct and was not intended to serve or benefit | ||||||
3 | interests of the
State, the case may be settled, in the | ||||||
4 | Attorney General's discretion and
with the employee's consent,
| ||||||
5 | and the State shall indemnify the employee for any damages, | ||||||
6 | court costs
and attorneys' fees agreed to as part of the | ||||||
7 | settlement, or shall pay
such settlement. Where the
employee | ||||||
8 | is represented by private counsel, any settlement must be so
| ||||||
9 | approved by the Attorney General and the court having | ||||||
10 | jurisdiction,
which shall obligate the State to indemnify the | ||||||
11 | employee.
| ||||||
12 | (e) (i) Court costs and litigation expenses and other | ||||||
13 | costs of providing a
defense or counterclaim, including | ||||||
14 | attorneys' fees obligated under this
Section, shall be paid | ||||||
15 | from the State Treasury on the warrant of the
Comptroller out | ||||||
16 | of appropriations made to the Department of Central Management
| ||||||
17 | Services specifically designed for the payment of costs, fees | ||||||
18 | and expenses
covered by this Section.
| ||||||
19 | (ii) Upon entry of a final judgment against the employee, | ||||||
20 | or upon the
settlement of the claim, the employee shall cause | ||||||
21 | to be served a copy of
such judgment or settlement, personally | ||||||
22 | or by certified or registered mail
within thirty days of the | ||||||
23 | date of entry or settlement, upon the chief
administrative | ||||||
24 | officer of the department, office or agency in which he is
| ||||||
25 | employed. If not inconsistent with the provisions of this | ||||||
26 | Section, such
judgment or settlement shall be certified for |
| |||||||
| |||||||
1 | payment by such chief
administrative officer and by the | ||||||
2 | Attorney General. The judgment or
settlement shall be paid | ||||||
3 | from the State Treasury on the warrant of the
Comptroller out | ||||||
4 | of appropriations made to the Department of Central
Management | ||||||
5 | Services specifically designed for the payment of claims | ||||||
6 | covered
by this Section.
| ||||||
7 | (f) Nothing contained or implied in this Section shall
| ||||||
8 | operate, or be construed or applied, to deprive the State, or | ||||||
9 | any employee
thereof, of any defense heretofore available.
| ||||||
10 | (g) This Section shall apply regardless of whether the
| ||||||
11 | employee is sued in his or her individual or official | ||||||
12 | capacity.
| ||||||
13 | (h) This Section shall not apply to claims for bodily | ||||||
14 | injury or
damage to property arising from motor vehicle | ||||||
15 | crashes accidents .
| ||||||
16 | (i) This Section shall apply to all proceedings filed on | ||||||
17 | or
after its effective date, and to any proceeding pending on | ||||||
18 | its effective
date, if the State employee gives notice to the | ||||||
19 | Attorney General as
provided in this Section within 30 days of | ||||||
20 | the Act's effective date.
| ||||||
21 | (j) The amendatory changes made to this Section by this | ||||||
22 | amendatory Act of
1986 shall apply to all proceedings filed on | ||||||
23 | or after the effective date of
this amendatory Act of 1986 and | ||||||
24 | to any proceeding pending on its effective
date, if the State | ||||||
25 | employee gives notice to the Attorney General as provided
in | ||||||
26 | this Section within 30 days of the effective date of this |
| |||||||
| |||||||
1 | amendatory Act
of 1986.
| ||||||
2 | (k) This Act applies to all State officials who are | ||||||
3 | serving as trustees,
or their appointing authorities, of
a | ||||||
4 | clean energy community trust or as members of a not-for-profit | ||||||
5 | foundation or
corporation established pursuant to Section
| ||||||
6 | 16-111.1 of the Public Utilities Act.
| ||||||
7 | (l) The State shall not provide representation for, nor | ||||||
8 | shall it indemnify, any State employee in (i) any criminal | ||||||
9 | proceeding in which the employee is a defendant or (ii) any | ||||||
10 | criminal investigation in which the employee is the target. | ||||||
11 | Nothing in this Act shall be construed to prohibit the State | ||||||
12 | from providing representation to a State employee who is a | ||||||
13 | witness in a criminal matter arising out of that employee's | ||||||
14 | State employment. | ||||||
15 | (Source: P.A. 99-461, eff. 1-1-17 .)
| ||||||
16 | Section 15. The Illinois Identification Card Act is | ||||||
17 | amended by changing Section 11A as follows:
| ||||||
18 | (15 ILCS 335/11A) | ||||||
19 | Sec. 11A. Emergency contact database. | ||||||
20 | (a) The Secretary of State shall establish a database of | ||||||
21 | the emergency contacts of persons who hold identification | ||||||
22 | cards. Information in the database shall be accessible only to | ||||||
23 | employees of the Office of the Secretary and law enforcement | ||||||
24 | officers employed by a law enforcement agency. Law enforcement |
| |||||||
| |||||||
1 | officers may share information contained in the emergency | ||||||
2 | contact database, including disabilities and special needs | ||||||
3 | information, with other public safety workers on scene, as | ||||||
4 | needed to conduct official law enforcement duties. | ||||||
5 | (b) Any person holding an identification card shall be | ||||||
6 | afforded the opportunity to provide the Secretary of State, in | ||||||
7 | a manner and form designated by the Secretary of State, the | ||||||
8 | name, address, telephone number, and relationship to the | ||||||
9 | holder of no more than 2 emergency contact persons whom the | ||||||
10 | holder wishes to be contacted by a law enforcement officer if | ||||||
11 | the holder is involved in a motor vehicle crash accident or | ||||||
12 | other emergency situation and the holder is unable to | ||||||
13 | communicate with the contact person or persons and may | ||||||
14 | designate whether the holder has a disability or is a special | ||||||
15 | needs individual. A contact person need not be the holder's | ||||||
16 | next of kin. | ||||||
17 | (c) The Secretary shall adopt rules to implement this | ||||||
18 | Section. At a minimum, the rules shall address all of the | ||||||
19 | following: | ||||||
20 | (1) the method whereby a holder may provide the | ||||||
21 | Secretary of State with emergency contact, disability, and | ||||||
22 | special needs information; | ||||||
23 | (2) the method whereby a holder may provide the | ||||||
24 | Secretary of State with a change to the emergency contact, | ||||||
25 | disability, and special needs information; and | ||||||
26 | (3) any other aspect of the database or its operation |
| |||||||
| |||||||
1 | that the Secretary determines is necessary to implement | ||||||
2 | this Section. | ||||||
3 | (d) If a person involved in a motor vehicle crash accident | ||||||
4 | or other emergency situation is unable to communicate with the | ||||||
5 | contact person or persons specified in the database, a law | ||||||
6 | enforcement officer shall make a good faith effort to notify | ||||||
7 | the contact person or persons of the situation. Neither the | ||||||
8 | law enforcement officer nor the law enforcement agency that | ||||||
9 | employs that law enforcement officer incurs any liability, | ||||||
10 | however, if the law enforcement officer is not able to make | ||||||
11 | contact with the contact person. Except for willful or wanton | ||||||
12 | misconduct, neither the law enforcement officer, nor the law | ||||||
13 | enforcement agency that employs the law enforcement officer, | ||||||
14 | shall incur any liability relating to the reporting or use of | ||||||
15 | the database during a motor vehicle crash accident or other | ||||||
16 | emergency situation. | ||||||
17 | (e) The Secretary of State shall make a good faith effort | ||||||
18 | to maintain accurate data as provided by the identification | ||||||
19 | card holder and to provide that information to law enforcement | ||||||
20 | as provided in subsection (a). The Secretary of State is not | ||||||
21 | liable for any damages, costs, or expenses, including, without | ||||||
22 | limitation, consequential damages, arising or resulting from | ||||||
23 | any inaccurate or incomplete data or system unavailability. | ||||||
24 | Except for willful or wanton misconduct, the Secretary of | ||||||
25 | State shall not incur any liability relating to the reporting | ||||||
26 | of disabilities or special needs individuals. |
| |||||||
| |||||||
1 | (f) As used in this Section: | ||||||
2 | "Disability" means an individual's physical or mental | ||||||
3 | impairment that substantially limits one or more of the major | ||||||
4 | life activities; a record of such impairment; or when the | ||||||
5 | individual is regarded as having such impairment. | ||||||
6 | "Public safety worker" means a person employed by this | ||||||
7 | State or a political subdivision thereof that provides | ||||||
8 | firefighting, law enforcement, medical, or other emergency | ||||||
9 | services. | ||||||
10 | "Special needs individuals" means those individuals who | ||||||
11 | have or are at increased risk for a chronic physical, | ||||||
12 | developmental, behavioral, or emotional condition and who also | ||||||
13 | require health and related services of a type or amount beyond | ||||||
14 | that required by individuals generally. | ||||||
15 | (Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
| ||||||
16 | Section 20. The Department of Transportation Law of the
| ||||||
17 | Civil Administrative Code of Illinois is amended by changing | ||||||
18 | Sections 2705-210 and 2705-317 as follows:
| ||||||
19 | (20 ILCS 2705/2705-210) (was 20 ILCS 2705/49.15)
| ||||||
20 | Sec. 2705-210. Traffic control and prevention of crashes | ||||||
21 | accidents . The Department
has the power to develop, | ||||||
22 | consolidate, and coordinate effective
programs
and activities | ||||||
23 | for the advancement of driver education, for the
facilitation | ||||||
24 | of the movement of motor vehicle traffic, and for the
|
| |||||||
| |||||||
1 | protection and conservation of life and property on the | ||||||
2 | streets and
highways of this State and to advise, recommend, | ||||||
3 | and consult with the
several departments, divisions, boards, | ||||||
4 | commissions, and other agencies
of this State in regard to | ||||||
5 | those programs and activities. The
Department has the power to | ||||||
6 | aid and
assist the counties, cities, towns, and other | ||||||
7 | political subdivisions of
this State in the control of traffic | ||||||
8 | and the prevention of traffic crashes
accidents . That aid and | ||||||
9 | assistance to counties, cities, towns,
and other
political | ||||||
10 | subdivisions of this State shall include assistance with | ||||||
11 | regard
to planning, traffic flow, light synchronizing, | ||||||
12 | preferential lanes for
carpools,
and carpool parking | ||||||
13 | allocations.
| ||||||
14 | To further the prevention of crashes accidents , the | ||||||
15 | Department shall conduct a traffic study following the | ||||||
16 | occurrence of any crash accident involving a pedestrian | ||||||
17 | fatality that occurs at an intersection of a State highway. | ||||||
18 | The study shall include, but not be limited to, consideration | ||||||
19 | of alternative geometric design improvements, traffic control | ||||||
20 | devices, and any other improvements that the Department deems | ||||||
21 | necessary. The Department shall make the results of the study | ||||||
22 | available to the public on its website. | ||||||
23 | (Source: P.A. 102-333, eff. 1-1-22 .)
| ||||||
24 | (20 ILCS 2705/2705-317)
| ||||||
25 | Sec. 2705-317. Safe Routes to School Construction Program. |
| |||||||
| |||||||
1 | (a) Upon enactment of a federal transportation bill with a | ||||||
2 | dedicated fund available to states for safe routes to schools, | ||||||
3 | the Department, in cooperation with the State Board of | ||||||
4 | Education and the Illinois State Police, shall establish and | ||||||
5 | administer a Safe Routes to School Construction Program for | ||||||
6 | the construction of bicycle and pedestrian safety and | ||||||
7 | traffic-calming projects using the federal Safe Routes to | ||||||
8 | Schools Program funds. | ||||||
9 | (b) The Department shall make construction grants
| ||||||
10 | available to local governmental agencies under the Safe Routes | ||||||
11 | to School
Construction Program based on the results of a | ||||||
12 | statewide competition
that requires submission of Safe Routes | ||||||
13 | to School proposals for funding
and that rates those proposals | ||||||
14 | on all of the following factors:
| ||||||
15 | (1) Demonstrated needs of the grant applicant.
| ||||||
16 | (2) Potential of the proposal for reducing child | ||||||
17 | injuries and
fatalities.
| ||||||
18 | (3) Potential of the proposal for encouraging | ||||||
19 | increased
walking and bicycling among students.
| ||||||
20 | (4) Identification of safety hazards.
| ||||||
21 | (5) Identification of current and potential walking | ||||||
22 | and
bicycling routes to school.
| ||||||
23 | (6) Consultation and support for projects by | ||||||
24 | school-based
associations, local traffic engineers, local | ||||||
25 | elected officials, law
enforcement agencies, and school | ||||||
26 | officials.
|
| |||||||
| |||||||
1 | (7) Proximity to parks and other recreational | ||||||
2 | facilities.
| ||||||
3 | With respect to the use of federal Safe Routes to Schools | ||||||
4 | Program funds, prior to
the award of a construction grant or | ||||||
5 | the use of those funds for a Safe Routes
to
School
project | ||||||
6 | encompassing a highway, the Department shall
consult with and | ||||||
7 | obtain approval from the Illinois State Police
and the highway | ||||||
8 | authority with jurisdiction to ensure that the Safe Routes to | ||||||
9 | School proposal is consistent with a
statewide pedestrian | ||||||
10 | safety statistical analysis.
| ||||||
11 | (c) On March 30, 2006 and each March 30th thereafter, the | ||||||
12 | Department shall submit a report to the General Assembly | ||||||
13 | listing
and describing the projects funded under the Safe | ||||||
14 | Routes to School
Construction Program.
| ||||||
15 | (d) The Department shall study the effectiveness of
the | ||||||
16 | Safe Routes to School Construction Program, with particular | ||||||
17 | emphasis on the
Program's effectiveness in reducing traffic | ||||||
18 | crashes accidents and its contribution
to improving safety and | ||||||
19 | reducing the number of child injuries and
fatalities in the | ||||||
20 | vicinity of a Safe Routes to School project. The Department | ||||||
21 | shall
submit a report to the General Assembly on or before | ||||||
22 | December 31, 2006
regarding the results of the study.
| ||||||
23 | (e) The Department, the State Board of Education,
and the | ||||||
24 | Illinois State Police may adopt any rules necessary to
| ||||||
25 | implement this Section.
| ||||||
26 | (Source: P.A. 102-538, eff. 8-20-21.)
|
| |||||||
| |||||||
1 | Section 25. The Peace Officer Fire Investigation Act is | ||||||
2 | amended by changing Section 1 as follows:
| ||||||
3 | (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
| ||||||
4 | Sec. 1. Peace officer status.
| ||||||
5 | (a) Any person who is a sworn member of any
organized and | ||||||
6 | paid fire department of a political subdivision of this State
| ||||||
7 | and is authorized to investigate fires or explosions for such | ||||||
8 | political
subdivision and
to determine the cause, origin and | ||||||
9 | circumstances of fires or explosions
that are suspected to be | ||||||
10 | arson or arson-related crimes, may be classified
as a peace | ||||||
11 | officer by the political subdivision or agency employing such
| ||||||
12 | person. A person so classified shall possess the same powers | ||||||
13 | of arrest,
search and seizure and the securing and service of | ||||||
14 | warrants as sheriffs
of counties, and police officers within | ||||||
15 | the jurisdiction of their political
subdivision. While in the | ||||||
16 | actual investigation and matters incident thereto,
such person | ||||||
17 | may carry weapons as may be necessary, but only if that person | ||||||
18 | has
satisfactorily completed (1) a training program offered or | ||||||
19 | approved by the
Illinois Law Enforcement Training Standards | ||||||
20 | Board which substantially conforms
to standards promulgated | ||||||
21 | pursuant to the Illinois Police Training Act and the Peace | ||||||
22 | Officer and Probation Officer Firearm Training Act; and (2) a | ||||||
23 | course in fire and arson investigation approved by the
Office | ||||||
24 | of the State Fire Marshal pursuant to the Illinois Fire |
| |||||||
| |||||||
1 | Protection
Training Act. Such training need not include | ||||||
2 | exposure to vehicle and traffic
law, traffic control and crash | ||||||
3 | accident investigation, or first aid, but shall
include | ||||||
4 | training in the law relating to the rights of persons | ||||||
5 | suspected of
involvement in criminal activities.
| ||||||
6 | Any person granted the powers enumerated in this | ||||||
7 | subsection (a) may exercise such
powers only during the actual | ||||||
8 | investigation of the cause, origin and
circumstances of such | ||||||
9 | fires or explosions that are suspected to be arson or
| ||||||
10 | arson-related crimes.
| ||||||
11 | (b) Persons employed by the Office of the State Fire | ||||||
12 | Marshal to conduct arson investigations shall be designated | ||||||
13 | State Fire Marshal Arson Investigator Special Agents and shall | ||||||
14 | be peace officers with all of the powers of peace officers in | ||||||
15 | cities and sheriffs in counties, except that they may exercise | ||||||
16 | those powers throughout the State. These Special Agents may | ||||||
17 | exercise these powers only when engaging in official duties | ||||||
18 | during the actual investigation of the cause, origin, and
| ||||||
19 | circumstances of such fires or explosions that are suspected | ||||||
20 | to be arson or
arson-related crimes and may carry weapons at | ||||||
21 | all times, but only if they have satisfactorily completed (1) | ||||||
22 | a training course approved by the Illinois Law Enforcement | ||||||
23 | Training Standards Board that substantially conforms to the | ||||||
24 | standards promulgated pursuant to the Peace Officer and | ||||||
25 | Probation Officer Firearm Training Act and (2) a course in | ||||||
26 | fire and arson investigation approved by the
Office of the |
| |||||||
| |||||||
1 | State Fire Marshal pursuant to the Illinois Fire Protection
| ||||||
2 | Training Act. Such training need not include exposure to | ||||||
3 | vehicle and traffic
law, traffic control and crash accident | ||||||
4 | investigation, or first aid, but shall
include training in the | ||||||
5 | law relating to the rights of persons suspected of
involvement | ||||||
6 | in criminal activities. | ||||||
7 | For purposes of this subsection (b), a "State Fire Marshal | ||||||
8 | Arson Investigator Special Agent" does not include any fire | ||||||
9 | investigator, fireman, police officer, or other employee of | ||||||
10 | the federal government; any fire investigator, fireman, police | ||||||
11 | officer, or other employee of any unit of local government; or | ||||||
12 | any fire investigator, fireman, police officer, or other | ||||||
13 | employee of the State of Illinois other than an employee of the | ||||||
14 | Office of the State Fire Marshal assigned to investigate | ||||||
15 | arson.
| ||||||
16 | The State Fire Marshal must authorize to each employee of | ||||||
17 | the Office
of the State Fire Marshal who is exercising the | ||||||
18 | powers of a peace officer a
distinct badge that, on its face, | ||||||
19 | (i) clearly states that the badge is
authorized by the Office | ||||||
20 | of the State Fire Marshal and (ii) contains a unique
| ||||||
21 | identifying number. No other badge shall be authorized by the | ||||||
22 | Office of the
State Fire Marshal, except that a badge, | ||||||
23 | different from the badge issued to
peace officers, may be | ||||||
24 | authorized by the Office of the State Fire Marshal for
the use | ||||||
25 | of fire prevention inspectors employed by that Office.
Nothing | ||||||
26 | in this subsection prohibits the State Fire Marshal from |
| |||||||
| |||||||
1 | issuing
shields or other distinctive identification to | ||||||
2 | employees not exercising the
powers of a peace officer if the | ||||||
3 | State Fire Marshal determines that a shield or
distinctive | ||||||
4 | identification is needed by the employee to carry out his or | ||||||
5 | her
responsibilities.
| ||||||
6 | (c) The Office of the State Fire Marshal shall establish a | ||||||
7 | policy to allow a State Fire Marshal Arson Investigator | ||||||
8 | Special Agent who is honorably retiring or separating in good | ||||||
9 | standing to purchase either one or both of the following: (i) | ||||||
10 | any badge previously issued to that State Fire Marshal Arson | ||||||
11 | Investigator Special Agent; or (ii) if the State Fire Marshal | ||||||
12 | Arson Investigator Special Agent has a currently valid Firearm | ||||||
13 | Owner's Identification Card, the service firearm issued or | ||||||
14 | previously issued to the State Fire Marshal Arson Investigator | ||||||
15 | Special Agent by the Office of the State Fire Marshal. The cost | ||||||
16 | of the firearm purchased shall be the replacement value of the | ||||||
17 | firearm and not the firearm's fair market value. All funds | ||||||
18 | received by the agency under this program shall be deposited | ||||||
19 | into the Fire Prevention Fund. | ||||||
20 | (Source: P.A. 100-931, eff. 8-17-18.)
| ||||||
21 | Section 29. The Illinois Pension Code is amended by | ||||||
22 | changing Section 1-108 as follows:
| ||||||
23 | (40 ILCS 5/1-108) (from Ch. 108 1/2, par. 1-108)
| ||||||
24 | Sec. 1-108.
(a) In any proceeding commenced against an |
| |||||||
| |||||||
1 | employee of a pension
fund, alleging a civil wrong arising out | ||||||
2 | of any act or omission occurring
within the scope of the | ||||||
3 | employee's pension fund employment, unless the court
or the | ||||||
4 | jury finds that the conduct which gave rise to the claim was | ||||||
5 | intentional,
wilful or wanton misconduct, the pension fund | ||||||
6 | shall indemnify the employee
for any damages awarded and court | ||||||
7 | costs and attorneys' fees assessed as
part of any final and | ||||||
8 | unreversed judgment and any attorneys' fees, court
costs and | ||||||
9 | litigation expenses incurred by the employee in defending the
| ||||||
10 | claim. In any such proceeding if a majority of the board or | ||||||
11 | trustees who
are not a party to the action determine that the | ||||||
12 | conduct which gave rise
to the claim was not intentional, | ||||||
13 | wilful or wanton misconduct, the board
or trustees may agree | ||||||
14 | to settlement of the proceeding and the pension fund
shall | ||||||
15 | indemnify the employee for any damages, court costs and | ||||||
16 | attorneys'
fees agreed to as part of the settlement and any | ||||||
17 | attorneys' fees, court
costs and litigation expenses incurred | ||||||
18 | in defending the claim.
| ||||||
19 | (b) No employee of a pension fund shall be entitled to | ||||||
20 | indemnification
under this Section unless within 15 days after | ||||||
21 | receipt by the employee of
service of process, he shall give | ||||||
22 | written notice of such proceeding to the pension fund.
| ||||||
23 | (c) Each pension fund may insure against loss or liability | ||||||
24 | of employees
which may arise as a result of these claims. This | ||||||
25 | insurance shall be carried
by a company authorized to provide | ||||||
26 | such coverage in this State.
|
| |||||||
| |||||||
1 | (d) Nothing contained or implied in this Section shall | ||||||
2 | operate, or be
construed or applied, to deprive the State or a | ||||||
3 | pension fund, or any other
employee thereof, of any immunity | ||||||
4 | or any defense heretofore available.
| ||||||
5 | (e) This Section shall apply regardless of whether the | ||||||
6 | employee is sued
in his or her individual or official | ||||||
7 | capacity.
| ||||||
8 | (f) This Section shall not apply to claims for bodily | ||||||
9 | injury or damage
to property arising from motor vehicle | ||||||
10 | crashes accidents .
| ||||||
11 | (g) This Section shall apply to all proceedings filed on | ||||||
12 | or after its
effective date, and to any proceeding pending on | ||||||
13 | its effective date, if
the pension fund employee gives notice | ||||||
14 | to the pension fund within 30 days
of the Act's effective date.
| ||||||
15 | (Source: P.A. 80-1078.)
| ||||||
16 | Section 30. The Illinois Police Training Act is amended by | ||||||
17 | changing Section 7 as follows:
| ||||||
18 | (50 ILCS 705/7)
| ||||||
19 | (Text of Section before amendment by P.A. 102-345 ) | ||||||
20 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
21 | adopt rules and
minimum standards for such schools which shall | ||||||
22 | include, but not be limited to,
the following:
| ||||||
23 | a. The curriculum for probationary law enforcement | ||||||
24 | officers which shall be
offered by all certified schools |
| |||||||
| |||||||
1 | shall include, but not be limited to,
courses of | ||||||
2 | procedural justice, arrest and use and control tactics, | ||||||
3 | search and seizure, including temporary questioning, civil | ||||||
4 | rights, human rights, human relations,
cultural | ||||||
5 | competency, including implicit bias and racial and ethnic | ||||||
6 | sensitivity,
criminal law, law of criminal procedure, | ||||||
7 | constitutional and proper use of law enforcement | ||||||
8 | authority, crisis intervention training, vehicle and | ||||||
9 | traffic law including
uniform and non-discriminatory | ||||||
10 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
11 | and crash accident investigation, techniques of obtaining
| ||||||
12 | physical evidence, court testimonies, statements, reports, | ||||||
13 | firearms
training, training in the use of electronic | ||||||
14 | control devices, including the psychological and | ||||||
15 | physiological effects of the use of those devices on | ||||||
16 | humans, first-aid (including cardiopulmonary | ||||||
17 | resuscitation), training in the administration of opioid | ||||||
18 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
19 | of Section 5-23 of the Substance Use Disorder Act, | ||||||
20 | handling of
juvenile offenders, recognition of
mental | ||||||
21 | conditions and crises, including, but not limited to, the | ||||||
22 | disease of addiction, which require immediate assistance | ||||||
23 | and response and methods to
safeguard and provide | ||||||
24 | assistance to a person in need of mental
treatment, | ||||||
25 | recognition of abuse, neglect, financial exploitation, and | ||||||
26 | self-neglect of adults with disabilities and older adults, |
| |||||||
| |||||||
1 | as defined in Section 2 of the Adult Protective Services | ||||||
2 | Act, crimes against the elderly, law of evidence, the | ||||||
3 | hazards of high-speed police vehicle
chases with an | ||||||
4 | emphasis on alternatives to the high-speed chase, and
| ||||||
5 | physical training. The curriculum shall include specific | ||||||
6 | training in
techniques for immediate response to and | ||||||
7 | investigation of cases of domestic
violence and of sexual | ||||||
8 | assault of adults and children, including cultural | ||||||
9 | perceptions and common myths of sexual assault and sexual | ||||||
10 | abuse as well as interview techniques that are age | ||||||
11 | sensitive and are trauma informed, victim centered, and | ||||||
12 | victim sensitive. The curriculum shall include
training in | ||||||
13 | techniques designed to promote effective
communication at | ||||||
14 | the initial contact with crime victims and ways to | ||||||
15 | comprehensively
explain to victims and witnesses their | ||||||
16 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
17 | and the Crime
Victims Compensation Act. The curriculum | ||||||
18 | shall also include training in effective recognition of | ||||||
19 | and responses to stress, trauma, and post-traumatic stress | ||||||
20 | experienced by law enforcement officers that is consistent | ||||||
21 | with Section 25 of the Illinois Mental Health First Aid | ||||||
22 | Training Act in a peer setting, including recognizing | ||||||
23 | signs and symptoms of work-related cumulative stress, | ||||||
24 | issues that may lead to suicide, and solutions for | ||||||
25 | intervention with peer support resources. The curriculum | ||||||
26 | shall include a block of instruction addressing the |
| |||||||
| |||||||
1 | mandatory reporting requirements under the Abused and | ||||||
2 | Neglected Child Reporting Act. The curriculum shall also | ||||||
3 | include a block of instruction aimed at identifying and | ||||||
4 | interacting with persons with autism and other | ||||||
5 | developmental or physical disabilities, reducing barriers | ||||||
6 | to reporting crimes against persons with autism, and | ||||||
7 | addressing the unique challenges presented by cases | ||||||
8 | involving victims or witnesses with autism and other | ||||||
9 | developmental disabilities. The curriculum shall include | ||||||
10 | training in the detection and investigation of all forms | ||||||
11 | of human trafficking. The curriculum shall also include | ||||||
12 | instruction in trauma-informed responses designed to | ||||||
13 | ensure the physical safety and well-being of a child of an | ||||||
14 | arrested parent or immediate family member; this | ||||||
15 | instruction must include, but is not limited to: (1) | ||||||
16 | understanding the trauma experienced by the child while | ||||||
17 | maintaining the integrity of the arrest and safety of | ||||||
18 | officers, suspects, and other involved individuals; (2) | ||||||
19 | de-escalation tactics that would include the use of force | ||||||
20 | when reasonably necessary; and (3) inquiring whether a | ||||||
21 | child will require supervision and care. The curriculum | ||||||
22 | for probationary law enforcement officers shall include: | ||||||
23 | (1) at least 12 hours of hands-on, scenario-based | ||||||
24 | role-playing; (2) at least 6 hours of instruction on use | ||||||
25 | of force techniques, including the use of de-escalation | ||||||
26 | techniques to prevent or reduce the need for force |
| |||||||
| |||||||
1 | whenever safe and feasible; (3) specific training on | ||||||
2 | officer safety techniques, including cover, concealment, | ||||||
3 | and time; and (4) at least 6 hours of training focused on | ||||||
4 | high-risk traffic stops. The curriculum for
permanent law | ||||||
5 | enforcement officers shall include, but not be limited to: | ||||||
6 | (1) refresher
and in-service training in any of the | ||||||
7 | courses listed above in this
subparagraph, (2) advanced | ||||||
8 | courses in any of the subjects listed above in
this | ||||||
9 | subparagraph, (3) training for supervisory personnel, and | ||||||
10 | (4)
specialized training in subjects and fields to be | ||||||
11 | selected by the board. The training in the use of | ||||||
12 | electronic control devices shall be conducted for | ||||||
13 | probationary law enforcement officers, including | ||||||
14 | University police officers.
| ||||||
15 | b. Minimum courses of study, attendance requirements | ||||||
16 | and equipment
requirements.
| ||||||
17 | c. Minimum requirements for instructors.
| ||||||
18 | d. Minimum basic training requirements, which a | ||||||
19 | probationary law enforcement
officer must satisfactorily | ||||||
20 | complete before being eligible for permanent
employment as | ||||||
21 | a local law enforcement officer for a participating local
| ||||||
22 | governmental or State governmental agency. Those | ||||||
23 | requirements shall include training in first aid
| ||||||
24 | (including cardiopulmonary resuscitation).
| ||||||
25 | e. Minimum basic training requirements, which a | ||||||
26 | probationary county
corrections officer must |
| |||||||
| |||||||
1 | satisfactorily complete before being eligible for
| ||||||
2 | permanent employment as a county corrections officer for a | ||||||
3 | participating
local governmental agency.
| ||||||
4 | f. Minimum basic training requirements which a | ||||||
5 | probationary court
security officer must satisfactorily | ||||||
6 | complete before being eligible for
permanent employment as | ||||||
7 | a court security officer for a participating local
| ||||||
8 | governmental agency. The Board shall
establish those | ||||||
9 | training requirements which it considers appropriate for | ||||||
10 | court
security officers and shall certify schools to | ||||||
11 | conduct that training.
| ||||||
12 | A person hired to serve as a court security officer | ||||||
13 | must obtain from the
Board a certificate (i) attesting to | ||||||
14 | the officer's successful completion of the
training | ||||||
15 | course; (ii) attesting to the officer's satisfactory
| ||||||
16 | completion of a training program of similar content and | ||||||
17 | number of hours that
has been found acceptable by the | ||||||
18 | Board under the provisions of this Act; or
(iii) attesting | ||||||
19 | to the Board's determination that the training
course is | ||||||
20 | unnecessary because of the person's extensive prior law | ||||||
21 | enforcement
experience.
| ||||||
22 | Individuals who currently serve as court security | ||||||
23 | officers shall be deemed
qualified to continue to serve in | ||||||
24 | that capacity so long as they are certified
as provided by | ||||||
25 | this Act within 24 months of June 1, 1997 (the effective | ||||||
26 | date of Public Act 89-685). Failure to be so certified, |
| |||||||
| |||||||
1 | absent a waiver from the
Board, shall cause the officer to | ||||||
2 | forfeit his or her position.
| ||||||
3 | All individuals hired as court security officers on or | ||||||
4 | after June 1, 1997 (the effective
date of Public Act | ||||||
5 | 89-685) shall be certified within 12 months of the
date of | ||||||
6 | their hire, unless a waiver has been obtained by the | ||||||
7 | Board, or they
shall forfeit their positions.
| ||||||
8 | The Sheriff's Merit Commission, if one exists, or the | ||||||
9 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
10 | Commission, shall maintain a list of all
individuals who | ||||||
11 | have filed applications to become court security officers | ||||||
12 | and
who meet the eligibility requirements established | ||||||
13 | under this Act. Either
the Sheriff's Merit Commission, or | ||||||
14 | the Sheriff's Office if no Sheriff's Merit
Commission | ||||||
15 | exists, shall establish a schedule of reasonable intervals | ||||||
16 | for
verification of the applicants' qualifications under
| ||||||
17 | this Act and as established by the Board.
| ||||||
18 | g. Minimum in-service training requirements, which a | ||||||
19 | law enforcement officer must satisfactorily complete every | ||||||
20 | 3 years. Those requirements shall include constitutional | ||||||
21 | and proper use of law enforcement authority, procedural | ||||||
22 | justice, civil rights, human rights, reporting child abuse | ||||||
23 | and neglect, and cultural competency, including implicit | ||||||
24 | bias and racial and ethnic sensitivity. These trainings | ||||||
25 | shall consist of at least 30 hours of training every 3 | ||||||
26 | years. |
| |||||||
| |||||||
1 | h. Minimum in-service training requirements, which a | ||||||
2 | law enforcement officer must satisfactorily complete at | ||||||
3 | least annually. Those requirements shall include law | ||||||
4 | updates, emergency medical response training and | ||||||
5 | certification, crisis intervention training, and officer | ||||||
6 | wellness and mental health. | ||||||
7 | i. Minimum in-service training requirements as set | ||||||
8 | forth in Section 10.6. | ||||||
9 | The amendatory changes to this Section made by Public Act | ||||||
10 | 101-652 shall take effect January 1, 2022. | ||||||
11 | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; | ||||||
12 | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | ||||||
13 | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | ||||||
14 | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | ||||||
15 | 1-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised | ||||||
16 | 10-5-21.)
| ||||||
17 | (Text of Section after amendment by P.A. 102-345 )
| ||||||
18 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
19 | adopt rules and
minimum standards for such schools which shall | ||||||
20 | include, but not be limited to,
the following:
| ||||||
21 | a. The curriculum for probationary law enforcement | ||||||
22 | officers which shall be
offered by all certified schools | ||||||
23 | shall include, but not be limited to,
courses of | ||||||
24 | procedural justice, arrest and use and control tactics, | ||||||
25 | search and seizure, including temporary questioning, civil |
| |||||||
| |||||||
1 | rights, human rights, human relations,
cultural | ||||||
2 | competency, including implicit bias and racial and ethnic | ||||||
3 | sensitivity,
criminal law, law of criminal procedure, | ||||||
4 | constitutional and proper use of law enforcement | ||||||
5 | authority, crisis intervention training, vehicle and | ||||||
6 | traffic law including
uniform and non-discriminatory | ||||||
7 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
8 | and crash accident investigation, techniques of obtaining
| ||||||
9 | physical evidence, court testimonies, statements, reports, | ||||||
10 | firearms
training, training in the use of electronic | ||||||
11 | control devices, including the psychological and | ||||||
12 | physiological effects of the use of those devices on | ||||||
13 | humans, first-aid (including cardiopulmonary | ||||||
14 | resuscitation), training in the administration of opioid | ||||||
15 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
16 | of Section 5-23 of the Substance Use Disorder Act, | ||||||
17 | handling of
juvenile offenders, recognition of
mental | ||||||
18 | conditions and crises, including, but not limited to, the | ||||||
19 | disease of addiction, which require immediate assistance | ||||||
20 | and response and methods to
safeguard and provide | ||||||
21 | assistance to a person in need of mental
treatment, | ||||||
22 | recognition of abuse, neglect, financial exploitation, and | ||||||
23 | self-neglect of adults with disabilities and older adults, | ||||||
24 | as defined in Section 2 of the Adult Protective Services | ||||||
25 | Act, crimes against the elderly, law of evidence, the | ||||||
26 | hazards of high-speed police vehicle
chases with an |
| |||||||
| |||||||
1 | emphasis on alternatives to the high-speed chase, and
| ||||||
2 | physical training. The curriculum shall include specific | ||||||
3 | training in
techniques for immediate response to and | ||||||
4 | investigation of cases of domestic
violence and of sexual | ||||||
5 | assault of adults and children, including cultural | ||||||
6 | perceptions and common myths of sexual assault and sexual | ||||||
7 | abuse as well as interview techniques that are age | ||||||
8 | sensitive and are trauma informed, victim centered, and | ||||||
9 | victim sensitive. The curriculum shall include
training in | ||||||
10 | techniques designed to promote effective
communication at | ||||||
11 | the initial contact with crime victims and ways to | ||||||
12 | comprehensively
explain to victims and witnesses their | ||||||
13 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
14 | and the Crime
Victims Compensation Act. The curriculum | ||||||
15 | shall also include training in effective recognition of | ||||||
16 | and responses to stress, trauma, and post-traumatic stress | ||||||
17 | experienced by law enforcement officers that is consistent | ||||||
18 | with Section 25 of the Illinois Mental Health First Aid | ||||||
19 | Training Act in a peer setting, including recognizing | ||||||
20 | signs and symptoms of work-related cumulative stress, | ||||||
21 | issues that may lead to suicide, and solutions for | ||||||
22 | intervention with peer support resources. The curriculum | ||||||
23 | shall include a block of instruction addressing the | ||||||
24 | mandatory reporting requirements under the Abused and | ||||||
25 | Neglected Child Reporting Act. The curriculum shall also | ||||||
26 | include a block of instruction aimed at identifying and |
| |||||||
| |||||||
1 | interacting with persons with autism and other | ||||||
2 | developmental or physical disabilities, reducing barriers | ||||||
3 | to reporting crimes against persons with autism, and | ||||||
4 | addressing the unique challenges presented by cases | ||||||
5 | involving victims or witnesses with autism and other | ||||||
6 | developmental disabilities. The curriculum shall include | ||||||
7 | training in the detection and investigation of all forms | ||||||
8 | of human trafficking. The curriculum shall also include | ||||||
9 | instruction in trauma-informed responses designed to | ||||||
10 | ensure the physical safety and well-being of a child of an | ||||||
11 | arrested parent or immediate family member; this | ||||||
12 | instruction must include, but is not limited to: (1) | ||||||
13 | understanding the trauma experienced by the child while | ||||||
14 | maintaining the integrity of the arrest and safety of | ||||||
15 | officers, suspects, and other involved individuals; (2) | ||||||
16 | de-escalation tactics that would include the use of force | ||||||
17 | when reasonably necessary; and (3) inquiring whether a | ||||||
18 | child will require supervision and care. The curriculum | ||||||
19 | for probationary law enforcement officers shall include: | ||||||
20 | (1) at least 12 hours of hands-on, scenario-based | ||||||
21 | role-playing; (2) at least 6 hours of instruction on use | ||||||
22 | of force techniques, including the use of de-escalation | ||||||
23 | techniques to prevent or reduce the need for force | ||||||
24 | whenever safe and feasible; (3) specific training on | ||||||
25 | officer safety techniques, including cover, concealment, | ||||||
26 | and time; and (4) at least 6 hours of training focused on |
| |||||||
| |||||||
1 | high-risk traffic stops. The curriculum for
permanent law | ||||||
2 | enforcement officers shall include, but not be limited to: | ||||||
3 | (1) refresher
and in-service training in any of the | ||||||
4 | courses listed above in this
subparagraph, (2) advanced | ||||||
5 | courses in any of the subjects listed above in
this | ||||||
6 | subparagraph, (3) training for supervisory personnel, and | ||||||
7 | (4)
specialized training in subjects and fields to be | ||||||
8 | selected by the board. The training in the use of | ||||||
9 | electronic control devices shall be conducted for | ||||||
10 | probationary law enforcement officers, including | ||||||
11 | University police officers. The curriculum shall also | ||||||
12 | include training on the use of a firearms restraining | ||||||
13 | order by providing instruction on the process used to file | ||||||
14 | a firearms restraining order and how to identify | ||||||
15 | situations in which a firearms restraining order is | ||||||
16 | appropriate.
| ||||||
17 | b. Minimum courses of study, attendance requirements | ||||||
18 | and equipment
requirements.
| ||||||
19 | c. Minimum requirements for instructors.
| ||||||
20 | d. Minimum basic training requirements, which a | ||||||
21 | probationary law enforcement
officer must satisfactorily | ||||||
22 | complete before being eligible for permanent
employment as | ||||||
23 | a local law enforcement officer for a participating local
| ||||||
24 | governmental or State governmental agency. Those | ||||||
25 | requirements shall include training in first aid
| ||||||
26 | (including cardiopulmonary resuscitation).
|
| |||||||
| |||||||
1 | e. Minimum basic training requirements, which a | ||||||
2 | probationary county
corrections officer must | ||||||
3 | satisfactorily complete before being eligible for
| ||||||
4 | permanent employment as a county corrections officer for a | ||||||
5 | participating
local governmental agency.
| ||||||
6 | f. Minimum basic training requirements which a | ||||||
7 | probationary court
security officer must satisfactorily | ||||||
8 | complete before being eligible for
permanent employment as | ||||||
9 | a court security officer for a participating local
| ||||||
10 | governmental agency. The Board shall
establish those | ||||||
11 | training requirements which it considers appropriate for | ||||||
12 | court
security officers and shall certify schools to | ||||||
13 | conduct that training.
| ||||||
14 | A person hired to serve as a court security officer | ||||||
15 | must obtain from the
Board a certificate (i) attesting to | ||||||
16 | the officer's successful completion of the
training | ||||||
17 | course; (ii) attesting to the officer's satisfactory
| ||||||
18 | completion of a training program of similar content and | ||||||
19 | number of hours that
has been found acceptable by the | ||||||
20 | Board under the provisions of this Act; or
(iii) attesting | ||||||
21 | to the Board's determination that the training
course is | ||||||
22 | unnecessary because of the person's extensive prior law | ||||||
23 | enforcement
experience.
| ||||||
24 | Individuals who currently serve as court security | ||||||
25 | officers shall be deemed
qualified to continue to serve in | ||||||
26 | that capacity so long as they are certified
as provided by |
| |||||||
| |||||||
1 | this Act within 24 months of June 1, 1997 (the effective | ||||||
2 | date of Public Act 89-685). Failure to be so certified, | ||||||
3 | absent a waiver from the
Board, shall cause the officer to | ||||||
4 | forfeit his or her position.
| ||||||
5 | All individuals hired as court security officers on or | ||||||
6 | after June 1, 1997 (the effective
date of Public Act | ||||||
7 | 89-685) shall be certified within 12 months of the
date of | ||||||
8 | their hire, unless a waiver has been obtained by the | ||||||
9 | Board, or they
shall forfeit their positions.
| ||||||
10 | The Sheriff's Merit Commission, if one exists, or the | ||||||
11 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
12 | Commission, shall maintain a list of all
individuals who | ||||||
13 | have filed applications to become court security officers | ||||||
14 | and
who meet the eligibility requirements established | ||||||
15 | under this Act. Either
the Sheriff's Merit Commission, or | ||||||
16 | the Sheriff's Office if no Sheriff's Merit
Commission | ||||||
17 | exists, shall establish a schedule of reasonable intervals | ||||||
18 | for
verification of the applicants' qualifications under
| ||||||
19 | this Act and as established by the Board.
| ||||||
20 | g. Minimum in-service training requirements, which a | ||||||
21 | law enforcement officer must satisfactorily complete every | ||||||
22 | 3 years. Those requirements shall include constitutional | ||||||
23 | and proper use of law enforcement authority, procedural | ||||||
24 | justice, civil rights, human rights, reporting child abuse | ||||||
25 | and neglect, and cultural competency, including implicit | ||||||
26 | bias and racial and ethnic sensitivity. These trainings |
| |||||||
| |||||||
1 | shall consist of at least 30 hours of training every 3 | ||||||
2 | years. | ||||||
3 | h. Minimum in-service training requirements, which a | ||||||
4 | law enforcement officer must satisfactorily complete at | ||||||
5 | least annually. Those requirements shall include law | ||||||
6 | updates, emergency medical response training and | ||||||
7 | certification, crisis intervention training, and officer | ||||||
8 | wellness and mental health. | ||||||
9 | i. Minimum in-service training requirements as set | ||||||
10 | forth in Section 10.6. | ||||||
11 | The amendatory changes to this Section made by Public Act | ||||||
12 | 101-652 shall take effect January 1, 2022. | ||||||
13 | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; | ||||||
14 | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | ||||||
15 | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | ||||||
16 | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | ||||||
17 | 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, | ||||||
18 | eff. 8-20-21; revised 10-5-21.)
| ||||||
19 | Section 35. The Uniform Crime Reporting Act is amended by | ||||||
20 | changing Section 5-5 as follows:
| ||||||
21 | (50 ILCS 709/5-5)
| ||||||
22 | Sec. 5-5. Definitions. As used in this Act: | ||||||
23 | "Arrest-related death" means any death of an individual | ||||||
24 | while the individual's freedom to leave is restricted by a law |
| |||||||
| |||||||
1 | enforcement officer while the officer is on duty, or otherwise | ||||||
2 | acting within the scope of his or her employment, including | ||||||
3 | any death resulting from a motor vehicle crash accident , if | ||||||
4 | the law enforcement officer was engaged in direct action | ||||||
5 | against the individual or the individual's vehicle during the | ||||||
6 | process of apprehension. "Arrest-related death" does not | ||||||
7 | include the death of law enforcement personnel.
| ||||||
8 | "Domestic crime" means any crime attempted or committed | ||||||
9 | between a victim and offender who have a domestic | ||||||
10 | relationship, both current and past. | ||||||
11 | "Hate crime" has the same meaning as defined under Section | ||||||
12 | 12-7.1 of the Criminal Code of 2012. | ||||||
13 | "Law enforcement agency" means an agency of this State or | ||||||
14 | unit of local government which is vested by law or ordinance | ||||||
15 | with the duty to maintain public order and to enforce criminal | ||||||
16 | law or ordinances. | ||||||
17 | "Law enforcement officer" or "officer" means any officer, | ||||||
18 | agent, or employee of this State or a unit of local government | ||||||
19 | authorized by law or by a government agency to engage in or | ||||||
20 | supervise the prevention, detection, or investigation of any | ||||||
21 | violation of criminal law, or authorized by law to supervise | ||||||
22 | accused persons or sentenced criminal offenders.
| ||||||
23 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
24 | Section 40. The Police and Community Relations Improvement | ||||||
25 | Act is amended by changing Sections 1-5 and 1-10 as follows:
|
| |||||||
| |||||||
1 | (50 ILCS 727/1-5)
| ||||||
2 | Sec. 1-5. Definitions. As used in this Act: | ||||||
3 | "Law enforcement agency" means an agency of this State or | ||||||
4 | unit of local government which is vested by law or ordinance | ||||||
5 | with the duty to maintain public order and to enforce criminal | ||||||
6 | laws or ordinances. | ||||||
7 | "Law enforcement officer" or "officer" means any person | ||||||
8 | employed by a State, county, or municipality as a policeman, | ||||||
9 | peace officer, or in some like position involving the | ||||||
10 | enforcement of the law and protection of public interest at | ||||||
11 | the risk of the person's life. | ||||||
12 | "Officer-involved death" means any death of an individual | ||||||
13 | that results directly from an action or directly from an | ||||||
14 | intentional omission, including unreasonable delay involving a | ||||||
15 | person in custody or intentional failure to seek medical | ||||||
16 | attention when the need for treatment is apparent, of a law | ||||||
17 | enforcement officer while the officer is on duty, or otherwise | ||||||
18 | acting within the scope of his or her employment, or while the | ||||||
19 | officer is off duty, but performing activities that are within | ||||||
20 | the scope of his or her law enforcement duties. | ||||||
21 | "Officer-involved death" includes any death resulting from a | ||||||
22 | motor vehicle crash accident , if the law enforcement officer | ||||||
23 | was engaged in law enforcement activity involving the | ||||||
24 | individual or the individual's vehicle in the process of | ||||||
25 | apprehension or attempt to apprehend.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
2 | (50 ILCS 727/1-10)
| ||||||
3 | Sec. 1-10. Investigation of officer-involved deaths; | ||||||
4 | requirements.
| ||||||
5 | (a) Each law enforcement agency shall have a written | ||||||
6 | policy regarding the investigation of officer-involved deaths | ||||||
7 | that involve a law enforcement officer employed by that law | ||||||
8 | enforcement agency. | ||||||
9 | (b) Each officer-involved death investigation shall be | ||||||
10 | conducted by at least 2 investigators, or an entity or agency | ||||||
11 | comprised of at least 2 investigators, one of whom is the lead | ||||||
12 | investigator. The lead investigator shall be a person | ||||||
13 | certified by the Illinois Law Enforcement Training Standards | ||||||
14 | Board as a Lead Homicide Investigator, or similar training | ||||||
15 | approved by the Illinois Law Enforcement Training Standards | ||||||
16 | Board or the Illinois State Police, or similar training | ||||||
17 | provided at an Illinois Law Enforcement Training Standards | ||||||
18 | Board certified school. No
investigator involved in the | ||||||
19 | investigation may be employed by the law enforcement agency | ||||||
20 | that employs the officer involved in the officer-involved | ||||||
21 | death, unless the investigator is employed by the Illinois | ||||||
22 | State Police and is not assigned to the same division or unit | ||||||
23 | as the officer involved in the death. | ||||||
24 | (c) In addition to the requirements of subsection (b) of | ||||||
25 | this Section, if the officer-involved death being investigated |
| |||||||
| |||||||
1 | involves a motor vehicle crash accident , at least one | ||||||
2 | investigator shall be certified by the Illinois Law | ||||||
3 | Enforcement Training Standards Board as a Crash Reconstruction | ||||||
4 | Specialist, or similar training approved by the Illinois Law | ||||||
5 | Enforcement Training Standards Board or the Illinois State | ||||||
6 | Police, or similar training provided at an Illinois Law | ||||||
7 | Enforcement Training Standards Board certified school. | ||||||
8 | Notwithstanding the requirements of subsection (b) of this | ||||||
9 | Section, the policy for a law enforcement agency, when the | ||||||
10 | officer-involved death being investigated involves a motor | ||||||
11 | vehicle collision, may allow the use of an investigator who is | ||||||
12 | employed by that law enforcement agency and who is certified | ||||||
13 | by the Illinois Law Enforcement Training Standards Board as a | ||||||
14 | Crash Reconstruction Specialist, or similar training approved | ||||||
15 | by the Illinois Law Enforcement Training and Standards Board, | ||||||
16 | or similar certified training approved by the Illinois State | ||||||
17 | Police, or similar training provided at an Illinois Law | ||||||
18 | Enforcement Training and Standards Board certified school. | ||||||
19 | (d) The investigators conducting the investigation shall, | ||||||
20 | in an expeditious manner, provide a complete report to the | ||||||
21 | State's Attorney of the county in which the officer-involved | ||||||
22 | death occurred. | ||||||
23 | (e) If the State's Attorney, or a designated special | ||||||
24 | prosecutor, determines there is no basis to prosecute the law | ||||||
25 | enforcement officer involved in the officer-involved death, or | ||||||
26 | if the law enforcement officer is not otherwise charged or |
| |||||||
| |||||||
1 | indicted, the investigators shall publicly release a report.
| ||||||
2 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
3 | Section 45. The Counties Code is amended by changing | ||||||
4 | Sections 3-3013 and 5-1182 as follows:
| ||||||
5 | (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
| ||||||
6 | Sec. 3-3013. Preliminary investigations; blood and urine | ||||||
7 | analysis;
summoning jury; reports. Every coroner, whenever, | ||||||
8 | as soon as he knows or is
informed that the dead body of any | ||||||
9 | person is found, or lying within his
county, whose death is | ||||||
10 | suspected of being:
| ||||||
11 | (a) A sudden or violent death, whether apparently | ||||||
12 | suicidal,
homicidal or accidental, including but not | ||||||
13 | limited to deaths apparently
caused or contributed to by | ||||||
14 | thermal, traumatic, chemical, electrical or
radiational | ||||||
15 | injury, or a complication of any of them, or by drowning or
| ||||||
16 | suffocation, or as a result of domestic violence as | ||||||
17 | defined in the Illinois
Domestic
Violence Act of 1986;
| ||||||
18 | (b) A death due to a
sex crime;
| ||||||
19 | (c) A death where the circumstances are suspicious, | ||||||
20 | obscure,
mysterious or otherwise unexplained or where, in | ||||||
21 | the written opinion of
the attending physician, the cause | ||||||
22 | of death is not determined;
| ||||||
23 | (d) A death where addiction to alcohol or to any drug | ||||||
24 | may have been
a contributory cause; or
|
| |||||||
| |||||||
1 | (e) A death where the decedent was not attended by a | ||||||
2 | licensed
physician;
| ||||||
3 | shall go to the place where the dead body is, and take charge | ||||||
4 | of the
same and shall make a preliminary investigation into | ||||||
5 | the circumstances
of the death. In the case of death without | ||||||
6 | attendance by a licensed
physician the body may be moved with | ||||||
7 | the coroner's consent from the
place of death to a mortuary in | ||||||
8 | the same county. Coroners in their
discretion shall notify | ||||||
9 | such physician as is designated in accordance
with Section | ||||||
10 | 3-3014 to attempt to ascertain the cause of death, either by
| ||||||
11 | autopsy or otherwise.
| ||||||
12 | In cases of accidental death involving a motor vehicle in | ||||||
13 | which the
decedent was (1) the operator or a suspected | ||||||
14 | operator of a motor
vehicle, or (2) a pedestrian 16 years of | ||||||
15 | age or older, the coroner shall
require that a blood specimen | ||||||
16 | of at least 30 cc., and if medically
possible a urine specimen | ||||||
17 | of at least 30 cc. or as much as possible up
to 30 cc., be | ||||||
18 | withdrawn from the body of the decedent in a timely fashion | ||||||
19 | after
the crash accident causing his death, by such physician | ||||||
20 | as has been designated
in accordance with Section 3-3014, or | ||||||
21 | by the coroner or deputy coroner or
a qualified person | ||||||
22 | designated by such physician, coroner, or deputy coroner. If | ||||||
23 | the county
does not maintain laboratory facilities for making | ||||||
24 | such analysis, the
blood and urine so drawn shall be sent to | ||||||
25 | the Illinois State Police or any other accredited or | ||||||
26 | State-certified laboratory
for analysis of the alcohol, carbon |
| |||||||
| |||||||
1 | monoxide, and dangerous or
narcotic drug content of such blood | ||||||
2 | and urine specimens. Each specimen
submitted shall be | ||||||
3 | accompanied by pertinent information concerning the
decedent | ||||||
4 | upon a form prescribed by such laboratory. Any
person drawing | ||||||
5 | blood and urine and any person making any examination of
the | ||||||
6 | blood and urine under the terms of this Division shall be | ||||||
7 | immune from all
liability, civil or criminal, that might | ||||||
8 | otherwise be incurred or
imposed.
| ||||||
9 | In all other cases coming within the jurisdiction of the | ||||||
10 | coroner and
referred to in subparagraphs (a) through (e) | ||||||
11 | above, blood, and whenever
possible, urine samples shall be | ||||||
12 | analyzed for the presence of alcohol
and other drugs. When the | ||||||
13 | coroner suspects that drugs may have been
involved in the | ||||||
14 | death, either directly or indirectly, a toxicological
| ||||||
15 | examination shall be performed which may include analyses of | ||||||
16 | blood, urine,
bile, gastric contents and other tissues. When | ||||||
17 | the coroner suspects
a death is due to toxic substances, other | ||||||
18 | than drugs, the coroner shall
consult with the toxicologist | ||||||
19 | prior to collection of samples. Information
submitted to the | ||||||
20 | toxicologist shall include information as to height,
weight, | ||||||
21 | age, sex and race of the decedent as well as medical history,
| ||||||
22 | medications used by and the manner of death of decedent.
| ||||||
23 | When the coroner or medical examiner finds that the cause | ||||||
24 | of death is due to homicidal means, the coroner or medical | ||||||
25 | examiner shall cause blood and buccal specimens (tissue may be | ||||||
26 | submitted if no uncontaminated blood or buccal specimen can be |
| |||||||
| |||||||
1 | obtained), whenever possible, to be withdrawn from the body of | ||||||
2 | the decedent in a timely fashion. For proper preservation of | ||||||
3 | the specimens, collected blood and buccal specimens shall be | ||||||
4 | dried and tissue specimens shall be frozen if available | ||||||
5 | equipment exists. As soon as possible, but no later than 30 | ||||||
6 | days after the collection of the specimens, the coroner or | ||||||
7 | medical examiner shall release those specimens to the police | ||||||
8 | agency responsible for investigating the death. As soon as | ||||||
9 | possible, but no later than 30 days after the receipt from the | ||||||
10 | coroner or medical examiner, the police agency shall submit | ||||||
11 | the specimens using the agency case number to a National DNA | ||||||
12 | Index System (NDIS) participating laboratory within this | ||||||
13 | State, such as the Illinois State Police, Division of Forensic | ||||||
14 | Services, for analysis and categorizing into genetic marker | ||||||
15 | groupings. The results of the analysis and categorizing into | ||||||
16 | genetic marker groupings shall be provided to the Illinois | ||||||
17 | State Police and shall be maintained by the Illinois State | ||||||
18 | Police in the State central repository in the same manner, and | ||||||
19 | subject to the same conditions, as provided in Section 5-4-3 | ||||||
20 | of the Unified Code of Corrections. The requirements of this | ||||||
21 | paragraph are in addition to any other findings, specimens, or | ||||||
22 | information that the coroner or medical examiner is required | ||||||
23 | to provide during the conduct of a criminal investigation.
| ||||||
24 | In all counties, in cases of apparent
suicide, homicide, | ||||||
25 | or accidental death or in other cases, within the
discretion | ||||||
26 | of the coroner, the coroner may summon 8 persons of lawful age
|
| |||||||
| |||||||
1 | from those persons drawn for petit jurors in the county. The | ||||||
2 | summons shall
command these persons to present themselves | ||||||
3 | personally at such a place and
time as the coroner shall | ||||||
4 | determine, and may be in any form which the
coroner shall | ||||||
5 | determine and may incorporate any reasonable form of request
| ||||||
6 | for acknowledgment which the coroner deems practical and | ||||||
7 | provides a
reliable proof of service. The summons may be | ||||||
8 | served by first class mail.
From the 8 persons so summoned, the | ||||||
9 | coroner shall select 6 to serve as the
jury for the inquest. | ||||||
10 | Inquests may be continued from time
to time, as the coroner may | ||||||
11 | deem necessary. The 6 jurors selected in
a given case may view | ||||||
12 | the body of the deceased.
If at any continuation of an inquest | ||||||
13 | one or more of the original jurors
shall be unable to continue | ||||||
14 | to serve, the coroner shall fill the vacancy or
vacancies. A | ||||||
15 | juror serving pursuant to this paragraph shall receive
| ||||||
16 | compensation from the county at the same rate as the rate of | ||||||
17 | compensation
that is paid to petit or grand jurors in the | ||||||
18 | county. The coroner shall
furnish to each juror without fee at | ||||||
19 | the time of his discharge a
certificate of the number of days | ||||||
20 | in attendance at an inquest, and, upon
being presented with | ||||||
21 | such certificate, the county treasurer shall pay to
the juror | ||||||
22 | the sum provided for his services.
| ||||||
23 | In counties which have a jury commission, in cases of | ||||||
24 | apparent suicide or
homicide or of accidental death, the | ||||||
25 | coroner may conduct an inquest. The jury commission shall | ||||||
26 | provide
at least 8 jurors to the coroner, from whom the coroner |
| |||||||
| |||||||
1 | shall select any 6
to serve as the jury for the inquest. | ||||||
2 | Inquests may be continued from time
to time as the coroner may | ||||||
3 | deem necessary. The 6 jurors originally chosen
in a given case | ||||||
4 | may view the body of the deceased. If at any continuation
of an | ||||||
5 | inquest one or more of the 6 jurors originally chosen shall be | ||||||
6 | unable
to continue to serve, the coroner shall fill the | ||||||
7 | vacancy or vacancies. At
the coroner's discretion, additional | ||||||
8 | jurors to fill such vacancies shall be
supplied by the jury | ||||||
9 | commission. A juror serving pursuant to this
paragraph in such | ||||||
10 | county shall receive compensation from the county at the
same | ||||||
11 | rate as the rate of compensation that is paid to petit or grand | ||||||
12 | jurors
in the county.
| ||||||
13 | In every case in which a fire is determined to be
a
| ||||||
14 | contributing factor in a death, the coroner shall report the | ||||||
15 | death to the
Office of the State Fire Marshal. The coroner | ||||||
16 | shall provide a copy of the death certificate (i) within 30 | ||||||
17 | days after filing the permanent death certificate and (ii) in | ||||||
18 | a manner that is agreed upon by the coroner and the State Fire | ||||||
19 | Marshal. | ||||||
20 | In every case in which a drug overdose is determined to be | ||||||
21 | the cause or a contributing factor in the death, the coroner or | ||||||
22 | medical examiner shall report the death to the Department of | ||||||
23 | Public Health. The Department of Public Health shall adopt | ||||||
24 | rules regarding specific information that must be reported in | ||||||
25 | the event of such a death. If possible, the coroner shall | ||||||
26 | report the cause of the overdose. As used in this Section, |
| |||||||
| |||||||
1 | "overdose" has the same meaning as it does in Section 414 of | ||||||
2 | the Illinois Controlled Substances Act. The Department of | ||||||
3 | Public Health shall issue a semiannual report to the General | ||||||
4 | Assembly summarizing the reports received. The Department | ||||||
5 | shall also provide on its website a monthly report of overdose | ||||||
6 | death figures organized by location, age, and any other | ||||||
7 | factors, the Department deems appropriate. | ||||||
8 | In addition, in every case in which domestic violence is | ||||||
9 | determined to be
a
contributing factor in a death, the coroner | ||||||
10 | shall report the death to the
Illinois State Police.
| ||||||
11 | All deaths in State institutions and all deaths of wards | ||||||
12 | of the State or youth in care as defined in Section 4d of the | ||||||
13 | Children and Family Services Act in
private care facilities or | ||||||
14 | in programs funded by the Department of Human
Services under | ||||||
15 | its powers relating to mental health and developmental
| ||||||
16 | disabilities or alcoholism and substance
abuse or funded by | ||||||
17 | the Department of Children and Family Services shall
be | ||||||
18 | reported to the coroner of the county in which the facility is
| ||||||
19 | located. If the coroner has reason to believe that an | ||||||
20 | investigation is
needed to determine whether the death was | ||||||
21 | caused by maltreatment or
negligent care of the ward of the | ||||||
22 | State or youth in care as defined in Section 4d of the Children | ||||||
23 | and Family Services Act, the coroner may conduct a
preliminary | ||||||
24 | investigation of the circumstances of such death as in cases | ||||||
25 | of
death under circumstances set forth in paragraphs (a) | ||||||
26 | through (e) of this
Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21.)
| ||||||
2 | (55 ILCS 5/5-1182) | ||||||
3 | Sec. 5-1182. Charitable organizations; solicitation. | ||||||
4 | (a) No county may prohibit a charitable organization, as | ||||||
5 | defined in Section 2 of the Charitable Games Act, from | ||||||
6 | soliciting for charitable purposes, including solicitations | ||||||
7 | taking place on public roadways from passing motorists, if all | ||||||
8 | of the following requirements are met. | ||||||
9 | (1) The persons to be engaged in the solicitation are | ||||||
10 | law enforcement personnel, firefighters, or other persons | ||||||
11 | employed to protect the public safety of a local agency, | ||||||
12 | and those persons are soliciting solely in an area that is | ||||||
13 | within the service area of that local agency. | ||||||
14 | (2) The charitable organization files an application | ||||||
15 | with the county having jurisdiction over the location or | ||||||
16 | locations where the solicitation is to occur. The | ||||||
17 | applications shall be filed not later than 10 business | ||||||
18 | days before the date that the solicitation is to begin and | ||||||
19 | shall include all of the following: | ||||||
20 | (A) The date or dates and times of day when the | ||||||
21 | solicitation is to occur. | ||||||
22 | (B) The location or locations where the | ||||||
23 | solicitation is to occur along with a list of 3 | ||||||
24 | alternate locations listed in order of preference. | ||||||
25 | (C) The manner and conditions under which the |
| |||||||
| |||||||
1 | solicitation is to occur. | ||||||
2 | (D) Proof of a valid liability insurance policy in | ||||||
3 | the amount of at least $1,000,000 insuring the charity | ||||||
4 | or local agency against bodily injury and property | ||||||
5 | damage arising out of or in connection with the | ||||||
6 | solicitation. | ||||||
7 | The county shall approve the application within 5 business | ||||||
8 | days after the filing date of the application, but may impose | ||||||
9 | reasonable conditions in writing that are consistent with the | ||||||
10 | intent of this Section and are based on articulated public | ||||||
11 | safety concerns. If the county determines that the applicant's | ||||||
12 | location cannot be permitted due to significant safety | ||||||
13 | concerns, such as high traffic volumes, poor geometrics, | ||||||
14 | construction, maintenance operations, or past crash accident | ||||||
15 | history, then the county may deny the application for that | ||||||
16 | location and must approve one of the 3 alternate locations | ||||||
17 | following the order of preference submitted by the applicant | ||||||
18 | on the alternate location list. By acting under this Section, | ||||||
19 | a local agency does not waive or limit any immunity from | ||||||
20 | liability provided by any other provision of law. | ||||||
21 | (b) For purposes of this Section, "local agency" means a | ||||||
22 | county, special district, fire district, joint powers of | ||||||
23 | authority, or other political subdivision of the State of | ||||||
24 | Illinois. | ||||||
25 | (c) A home rule unit may not regulate a charitable | ||||||
26 | organization in a manner that is inconsistent with this |
| |||||||
| |||||||
1 | Section. This Section is a limitation under subsection (i) of | ||||||
2 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
3 | concurrent exercise by home rule units of powers and functions | ||||||
4 | exercised by the State.
| ||||||
5 | (Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13.)
| ||||||
6 | Section 50. The Illinois Municipal Code is amended by | ||||||
7 | changing Section 11-80-9 as follows:
| ||||||
8 | (65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)
| ||||||
9 | Sec. 11-80-9.
The corporate authorities of each | ||||||
10 | municipality may prevent
and regulate all amusements and | ||||||
11 | activities having a tendency to annoy or
endanger persons or | ||||||
12 | property on the sidewalks, streets, and other municipal
| ||||||
13 | property. However, no municipality may prohibit a charitable | ||||||
14 | organization, as defined in Section 2 of the Charitable Games | ||||||
15 | Act, from soliciting for charitable purposes, including | ||||||
16 | solicitations taking place on public roadways from passing | ||||||
17 | motorists, if all of the following requirements are met.
| ||||||
18 | (1) The persons to be engaged in the solicitation are | ||||||
19 | law enforcement personnel, firefighters, or other persons | ||||||
20 | employed to protect the public safety of a local agency, | ||||||
21 | and that are soliciting solely in an area that is within | ||||||
22 | the service area of that local agency. | ||||||
23 | (2) The charitable organization files an application | ||||||
24 | with the municipality having jurisdiction over the |
| |||||||
| |||||||
1 | location or locations where the solicitation is to occur. | ||||||
2 | The application shall be filed not later than 10 business | ||||||
3 | days before the date that the solicitation is to begin and | ||||||
4 | shall include all of the following: | ||||||
5 | (A) The date or dates and times of day when the | ||||||
6 | solicitation is to occur. | ||||||
7 | (B) The location or locations where the | ||||||
8 | solicitation is to occur along with a list of 3 | ||||||
9 | alternate locations listed in order of preference. | ||||||
10 | (C) The manner and conditions under which the | ||||||
11 | solicitation is to occur. | ||||||
12 | (D) Proof of a valid liability insurance policy in | ||||||
13 | the amount of at least $1,000,000 insuring the charity | ||||||
14 | or local agency against bodily injury and property | ||||||
15 | damage arising out of or in connection with the | ||||||
16 | solicitation. | ||||||
17 | The municipality shall approve the application within 5 | ||||||
18 | business days after the filing date of the application, but | ||||||
19 | may impose reasonable conditions in writing that are | ||||||
20 | consistent with the intent of this Section and are based on | ||||||
21 | articulated public safety concerns. If the municipality | ||||||
22 | determines that the applicant's location cannot be permitted | ||||||
23 | due to significant safety concerns, such as high traffic | ||||||
24 | volumes, poor geometrics, construction, maintenance | ||||||
25 | operations, or past crash accident history, then the | ||||||
26 | municipality may deny the application for that location and |
| |||||||
| |||||||
1 | must approve one of the 3 alternate locations following the | ||||||
2 | order of preference submitted by the applicant on the | ||||||
3 | alternate location list. By acting under this Section, a local | ||||||
4 | agency does not waive or limit any immunity from liability | ||||||
5 | provided by any other provision of law. | ||||||
6 | For purposes of this Section, "local agency" means a | ||||||
7 | municipality, special district, fire district, joint powers of | ||||||
8 | authority, or other political subdivision of the State of | ||||||
9 | Illinois. | ||||||
10 | A home rule unit may not regulate a charitable | ||||||
11 | organization in a manner that is inconsistent with this | ||||||
12 | Section. This Section is a limitation under subsection (i) of | ||||||
13 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
14 | concurrent exercise by home rule units of powers and functions | ||||||
15 | exercised by the State. | ||||||
16 | (Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13; | ||||||
17 | 98-756, eff. 7-16-14.)
| ||||||
18 | Section 55. The Illinois Insurance Code is amended by | ||||||
19 | changing Sections 143.01, 143.19, 143.19.1, 143.19.3, 143.24b, | ||||||
20 | 143.29, 143.32, 143a, and 143a-2 as follows:
| ||||||
21 | (215 ILCS 5/143.01) (from Ch. 73, par. 755.01)
| ||||||
22 | Sec. 143.01.
(a) A provision in a policy of vehicle | ||||||
23 | insurance described in Section 4
excluding coverage for bodily | ||||||
24 | injury to members of the family of the
insured shall not be |
| |||||||
| |||||||
1 | applicable when a third party acquires a right
of contribution | ||||||
2 | against a member of the injured person's family.
| ||||||
3 | (b) A provision in a policy of vehicle insurance excluding | ||||||
4 | coverage for
bodily injury to members of the family of the | ||||||
5 | insured shall not be applicable
when any person not in the | ||||||
6 | household of the insured was driving the vehicle
of the | ||||||
7 | insured involved in the crash accident which is the subject of | ||||||
8 | the claim or lawsuit.
| ||||||
9 | This subsection (b) applies to any action filed on or | ||||||
10 | after its effective date.
| ||||||
11 | (Source: P.A. 83-1132.)
| ||||||
12 | (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
| ||||||
13 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
14 | Sec. 143.19. Cancellation of automobile insurance policy; | ||||||
15 | grounds. After a policy of automobile insurance as defined in | ||||||
16 | Section
143.13(a) has been effective for 60 days, or if such | ||||||
17 | policy is a renewal
policy, the insurer shall not exercise its | ||||||
18 | option to cancel such policy
except for one or more of the | ||||||
19 | following reasons:
| ||||||
20 | a. Nonpayment of premium;
| ||||||
21 | b. The policy was obtained through a material | ||||||
22 | misrepresentation;
| ||||||
23 | c. Any insured violated any of the terms and | ||||||
24 | conditions of the
policy;
| ||||||
25 | d. The named insured failed to disclose fully his |
| |||||||
| |||||||
1 | motor vehicle crashes
accidents and moving traffic | ||||||
2 | violations for the preceding 36 months if
called for in | ||||||
3 | the application;
| ||||||
4 | e. Any insured made a false or fraudulent claim or | ||||||
5 | knowingly aided
or abetted another in the presentation of | ||||||
6 | such a claim;
| ||||||
7 | f. The named insured or any other operator who either | ||||||
8 | resides in the
same household or customarily operates an | ||||||
9 | automobile insured under such
policy:
| ||||||
10 | 1. has, within the 12 months prior to the notice of
| ||||||
11 | cancellation, had his driver's license under | ||||||
12 | suspension or revocation;
| ||||||
13 | 2. is or becomes subject to epilepsy or heart | ||||||
14 | attacks, and such
individual does not produce a | ||||||
15 | certificate from a physician testifying to
his | ||||||
16 | unqualified ability to operate a motor vehicle safely;
| ||||||
17 | 3. has a crash an accident record, conviction | ||||||
18 | record (criminal or traffic),
physical, or mental | ||||||
19 | condition which is such that his operation of an
| ||||||
20 | automobile might endanger the public safety;
| ||||||
21 | 4. has, within the 36 months prior to the notice of | ||||||
22 | cancellation,
been addicted to the use of narcotics or | ||||||
23 | other drugs; or
| ||||||
24 | 5. has been convicted, or forfeited bail, during | ||||||
25 | the 36 months
immediately preceding the notice of | ||||||
26 | cancellation, for any felony,
criminal negligence |
| |||||||
| |||||||
1 | resulting in death, homicide or assault arising out
of | ||||||
2 | the operation of a motor vehicle, operating a motor | ||||||
3 | vehicle while in
an intoxicated condition or while | ||||||
4 | under the influence of drugs, being
intoxicated while | ||||||
5 | in, or about, an automobile or while having custody of
| ||||||
6 | an automobile, leaving the scene of a crash an | ||||||
7 | accident without stopping to
report, theft or unlawful | ||||||
8 | taking of a motor vehicle, making false
statements in | ||||||
9 | an application for an operator's or chauffeur's | ||||||
10 | license or
has been convicted or forfeited bail for 3 | ||||||
11 | or more violations within the
12 months immediately | ||||||
12 | preceding the notice of cancellation, of any law,
| ||||||
13 | ordinance, or regulation limiting the speed of motor | ||||||
14 | vehicles or any of
the provisions of the motor vehicle | ||||||
15 | laws of any state, violation of
which constitutes a | ||||||
16 | misdemeanor, whether or not the violations were
| ||||||
17 | repetitions of the same offense or different offenses;
| ||||||
18 | g. The insured automobile is:
| ||||||
19 | 1. so mechanically defective that its operation | ||||||
20 | might endanger
public safety;
| ||||||
21 | 2. used in carrying passengers for hire or | ||||||
22 | compensation (the use of
an automobile for a car pool | ||||||
23 | shall not be considered use of an automobile
for hire | ||||||
24 | or compensation);
| ||||||
25 | 3. used in the business of transportation of | ||||||
26 | flammables
or explosives;
|
| |||||||
| |||||||
1 | 4. an authorized emergency vehicle;
| ||||||
2 | 5. changed in shape or condition during the policy | ||||||
3 | period so as to
increase the risk substantially; or
| ||||||
4 | 6. subject to an inspection law and has not been | ||||||
5 | inspected or, if
inspected, has failed to qualify.
| ||||||
6 | Nothing in this Section shall apply to nonrenewal.
| ||||||
7 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
8 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
9 | Sec. 143.19. Cancellation of automobile insurance policy; | ||||||
10 | grounds. After a policy of automobile insurance as defined in | ||||||
11 | Section
143.13(a) has been effective for 60 days, or if such | ||||||
12 | policy is a renewal
policy, the insurer shall not exercise its | ||||||
13 | option to cancel such policy
except for one or more of the | ||||||
14 | following reasons:
| ||||||
15 | a. Nonpayment of premium;
| ||||||
16 | b. The policy was obtained through a material | ||||||
17 | misrepresentation;
| ||||||
18 | c. Any insured violated any of the terms and | ||||||
19 | conditions of the
policy;
| ||||||
20 | d. The named insured failed to disclose fully his | ||||||
21 | motor vehicle
crashes accidents and moving traffic | ||||||
22 | violations for the preceding 36 months if
called for in | ||||||
23 | the application;
| ||||||
24 | e. Any insured made a false or fraudulent claim or | ||||||
25 | knowingly aided
or abetted another in the presentation of |
| |||||||
| |||||||
1 | such a claim;
| ||||||
2 | f. The named insured or any other operator who either | ||||||
3 | resides in the
same household or customarily operates an | ||||||
4 | automobile insured under such
policy:
| ||||||
5 | 1. has, within the 12 months prior to the notice of
| ||||||
6 | cancellation, had his driver's license under | ||||||
7 | suspension or revocation;
| ||||||
8 | 2. is or becomes subject to epilepsy or heart | ||||||
9 | attacks, and such
individual does not produce a | ||||||
10 | certificate from a physician testifying to
his | ||||||
11 | unqualified ability to operate a motor vehicle safely;
| ||||||
12 | 3. has a crash an accident record, conviction | ||||||
13 | record (criminal or traffic),
physical, or mental | ||||||
14 | condition which is such that his operation of an
| ||||||
15 | automobile might endanger the public safety;
| ||||||
16 | 4. has, within the 36 months prior to the notice of | ||||||
17 | cancellation,
been addicted to the use of narcotics or | ||||||
18 | other drugs; or
| ||||||
19 | 5. has been convicted, or violated conditions of | ||||||
20 | pretrial release, during the 36 months
immediately | ||||||
21 | preceding the notice of cancellation, for any felony,
| ||||||
22 | criminal negligence resulting in death, homicide or | ||||||
23 | assault arising out
of the operation of a motor | ||||||
24 | vehicle, operating a motor vehicle while in
an | ||||||
25 | intoxicated condition or while under the influence of | ||||||
26 | drugs, being
intoxicated while in, or about, an |
| |||||||
| |||||||
1 | automobile or while having custody of
an automobile, | ||||||
2 | leaving the scene of a crash an accident without | ||||||
3 | stopping to
report, theft or unlawful taking of a | ||||||
4 | motor vehicle, making false
statements in an | ||||||
5 | application for an operator's or chauffeur's license | ||||||
6 | or
has been convicted or pretrial release has been | ||||||
7 | revoked for 3 or more violations within the
12 months | ||||||
8 | immediately preceding the notice of cancellation, of | ||||||
9 | any law,
ordinance, or regulation limiting the speed | ||||||
10 | of motor vehicles or any of
the provisions of the motor | ||||||
11 | vehicle laws of any state, violation of
which | ||||||
12 | constitutes a misdemeanor, whether or not the | ||||||
13 | violations were
repetitions of the same offense or | ||||||
14 | different offenses;
| ||||||
15 | g. The insured automobile is:
| ||||||
16 | 1. so mechanically defective that its operation | ||||||
17 | might endanger
public safety;
| ||||||
18 | 2. used in carrying passengers for hire or | ||||||
19 | compensation (the use of
an automobile for a car pool | ||||||
20 | shall not be considered use of an automobile
for hire | ||||||
21 | or compensation);
| ||||||
22 | 3. used in the business of transportation of | ||||||
23 | flammables
or explosives;
| ||||||
24 | 4. an authorized emergency vehicle;
| ||||||
25 | 5. changed in shape or condition during the policy | ||||||
26 | period so as to
increase the risk substantially; or
|
| |||||||
| |||||||
1 | 6. subject to an inspection law and has not been | ||||||
2 | inspected or, if
inspected, has failed to qualify.
| ||||||
3 | Nothing in this Section shall apply to nonrenewal.
| ||||||
4 | (Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)
| ||||||
5 | (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
| ||||||
6 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
7 | Sec. 143.19.1. Limits on exercise of right of nonrenewal. | ||||||
8 | After a
policy of automobile insurance, as defined in
Section | ||||||
9 | 143.13, has been effective or renewed for 5 or more years, the
| ||||||
10 | company shall not exercise its right of non-renewal unless:
| ||||||
11 | a. The policy was obtained through a material | ||||||
12 | misrepresentation; or
| ||||||
13 | b. Any insured violated any of the terms and conditions of | ||||||
14 | the
policy; or
| ||||||
15 | c. The named insured failed to disclose fully his motor | ||||||
16 | vehicle crashes
accidents and moving traffic violations for | ||||||
17 | the preceding 36 months, if
such information is called for in | ||||||
18 | the application; or
| ||||||
19 | d. Any insured made a false or fraudulent claim or | ||||||
20 | knowingly aided
or abetted another in the presentation of such | ||||||
21 | a claim; or
| ||||||
22 | e. The named insured or any other operator who either | ||||||
23 | resides in the
same household or customarily operates an | ||||||
24 | automobile insured under such
a policy:
| ||||||
25 | 1. Has, within the 12 months prior to the notice of |
| |||||||
| |||||||
1 | non-renewal had
his drivers license under suspension or | ||||||
2 | revocation; or
| ||||||
3 | 2. Is or becomes subject to epilepsy or heart attacks, | ||||||
4 | and such
individual does not produce a certificate from a | ||||||
5 | physician testifying to
his unqualified ability to operate | ||||||
6 | a motor vehicle safely; or
| ||||||
7 | 3. Has a crash an accident record, conviction record | ||||||
8 | (criminal or traffic),
or a physical or mental condition | ||||||
9 | which is such that his operation of an
automobile might | ||||||
10 | endanger the public safety; or
| ||||||
11 | 4. Has, within the 36 months prior to the notice of | ||||||
12 | non-renewal,
been addicted to the use of narcotics or | ||||||
13 | other drugs; or
| ||||||
14 | 5. Has been convicted or forfeited bail, during the 36 | ||||||
15 | months
immediately preceding the notice of non-renewal, | ||||||
16 | for any felony,
criminal negligence resulting in death, | ||||||
17 | homicide or assault arising out
of the operation of a | ||||||
18 | motor vehicle, operating a motor vehicle while in
an | ||||||
19 | intoxicated condition or while under the influence of | ||||||
20 | drugs, being
intoxicated while in or about an automobile | ||||||
21 | or while having custody of
an automobile, leaving the | ||||||
22 | scene of a crash an accident without stopping to
report, | ||||||
23 | theft or unlawful taking of a motor vehicle, making false
| ||||||
24 | statements in an application for an operators or | ||||||
25 | chauffeurs license, or
has been convicted or forfeited | ||||||
26 | bail for 3 or more violations within the
12 months |
| |||||||
| |||||||
1 | immediately preceding the notice of non-renewal, of any | ||||||
2 | law,
ordinance or regulation limiting the speed of motor | ||||||
3 | vehicles or any
of the provisions of the motor vehicle | ||||||
4 | laws of any state, violation of
which constitutes a | ||||||
5 | misdemeanor, whether or not the violations were
| ||||||
6 | repetitions of the same offense or different offenses; or
| ||||||
7 | f. The insured automobile is:
| ||||||
8 | 1. So mechanically defective that its operation might | ||||||
9 | endanger
public safety; or
| ||||||
10 | 2. Used in carrying passengers for hire or | ||||||
11 | compensation (the use of
an automobile for a car pool | ||||||
12 | shall not be considered use of an
automobile for hire or | ||||||
13 | compensation); or
| ||||||
14 | 3. Used in the business of transportation of | ||||||
15 | flammables or
explosives; or
| ||||||
16 | 4. An authorized emergency vehicle; or
| ||||||
17 | 5. Changed in shape or condition during the policy | ||||||
18 | period so as to
increase the risk substantially; or
| ||||||
19 | 6. Subject to an inspection law and it has not been | ||||||
20 | inspected or, if
inspected, has failed to qualify; or
| ||||||
21 | g. The notice of the intention
not to renew is mailed to | ||||||
22 | the insured at least 60 days before the date of
nonrenewal as | ||||||
23 | provided in Section 143.17.
| ||||||
24 | (Source: P.A. 89-669, eff. 1-1-97.)
| ||||||
25 | (Text of Section after amendment by P.A. 101-652 )
|
| |||||||
| |||||||
1 | Sec. 143.19.1. Limits on exercise of right of nonrenewal. | ||||||
2 | After a
policy of automobile insurance, as defined in
Section | ||||||
3 | 143.13, has been effective or renewed for 5 or more years, the
| ||||||
4 | company shall not exercise its right of non-renewal unless:
| ||||||
5 | a. The policy was obtained through a material | ||||||
6 | misrepresentation; or
| ||||||
7 | b. Any insured violated any of the terms and conditions of | ||||||
8 | the
policy; or
| ||||||
9 | c. The named insured failed to disclose fully his motor | ||||||
10 | vehicle crashes
accidents and moving traffic violations for | ||||||
11 | the preceding 36 months, if
such information is called for in | ||||||
12 | the application; or
| ||||||
13 | d. Any insured made a false or fraudulent claim or | ||||||
14 | knowingly aided
or abetted another in the presentation of such | ||||||
15 | a claim; or
| ||||||
16 | e. The named insured or any other operator who either | ||||||
17 | resides in the
same household or customarily operates an | ||||||
18 | automobile insured under such
a policy:
| ||||||
19 | 1. Has, within the 12 months prior to the notice of | ||||||
20 | non-renewal had
his drivers license under suspension or | ||||||
21 | revocation; or
| ||||||
22 | 2. Is or becomes subject to epilepsy or heart attacks, | ||||||
23 | and such
individual does not produce a certificate from a | ||||||
24 | physician testifying to
his unqualified ability to operate | ||||||
25 | a motor vehicle safely; or
| ||||||
26 | 3. Has a crash an accident record, conviction record |
| |||||||
| |||||||
1 | (criminal or traffic),
or a physical or mental condition | ||||||
2 | which is such that his operation of an
automobile might | ||||||
3 | endanger the public safety; or
| ||||||
4 | 4. Has, within the 36 months prior to the notice of | ||||||
5 | non-renewal,
been addicted to the use of narcotics or | ||||||
6 | other drugs; or
| ||||||
7 | 5. Has been convicted or pretrial release has been | ||||||
8 | revoked, during the 36 months
immediately preceding the | ||||||
9 | notice of non-renewal, for any felony,
criminal negligence | ||||||
10 | resulting in death, homicide or assault arising out
of the | ||||||
11 | operation of a motor vehicle, operating a motor vehicle | ||||||
12 | while in
an intoxicated condition or while under the | ||||||
13 | influence of drugs, being
intoxicated while in or about an | ||||||
14 | automobile or while having custody of
an automobile, | ||||||
15 | leaving the scene of a crash an accident without stopping | ||||||
16 | to
report, theft or unlawful taking of a motor vehicle, | ||||||
17 | making false
statements in an application for an operators | ||||||
18 | or chauffeurs license, or
has been convicted or pretrial | ||||||
19 | release has been revoked for 3 or more violations within | ||||||
20 | the
12 months immediately preceding the notice of | ||||||
21 | non-renewal, of any law,
ordinance or regulation limiting | ||||||
22 | the speed of motor vehicles or any
of the provisions of the | ||||||
23 | motor vehicle laws of any state, violation of
which | ||||||
24 | constitutes a misdemeanor, whether or not the violations | ||||||
25 | were
repetitions of the same offense or different | ||||||
26 | offenses; or
|
| |||||||
| |||||||
1 | f. The insured automobile is:
| ||||||
2 | 1. So mechanically defective that its operation might | ||||||
3 | endanger
public safety; or
| ||||||
4 | 2. Used in carrying passengers for hire or | ||||||
5 | compensation (the use of
an automobile for a car pool | ||||||
6 | shall not be considered use of an
automobile for hire or | ||||||
7 | compensation); or
| ||||||
8 | 3. Used in the business of transportation of | ||||||
9 | flammables or
explosives; or
| ||||||
10 | 4. An authorized emergency vehicle; or
| ||||||
11 | 5. Changed in shape or condition during the policy | ||||||
12 | period so as to
increase the risk substantially; or
| ||||||
13 | 6. Subject to an inspection law and it has not been | ||||||
14 | inspected or, if
inspected, has failed to qualify; or
| ||||||
15 | g. The notice of the intention
not to renew is mailed to | ||||||
16 | the insured at least 60 days before the date of
nonrenewal as | ||||||
17 | provided in Section 143.17.
| ||||||
18 | (Source: P.A. 101-652, eff. 1-1-23.)
| ||||||
19 | (215 ILCS 5/143.19.3) | ||||||
20 | Sec. 143.19.3. Prohibition of rate increase for persons | ||||||
21 | involved in emergency use of vehicles. | ||||||
22 | (a) No insurer authorized to transact or transacting | ||||||
23 | business in this State, or controlling or controlled by or | ||||||
24 | under common control by or with an insurer authorized to | ||||||
25 | transact or transacting business in this State, that sells a |
| |||||||
| |||||||
1 | personal policy of automobile insurance in this State shall | ||||||
2 | increase the policy premium, cancel the policy, or refuse to | ||||||
3 | renew the policy solely because the insured or any other | ||||||
4 | person who customarily operates an automobile covered by the | ||||||
5 | policy has been involved in a crash had an accident while | ||||||
6 | operating an automobile in response to an emergency when the | ||||||
7 | insured was responding to a call to duty as a volunteer EMS | ||||||
8 | provider, as defined in Section 1-220 of the Illinois Vehicle | ||||||
9 | Code. | ||||||
10 | (b) The provisions of subsection (a) also apply to all | ||||||
11 | personal umbrella policies.
| ||||||
12 | (Source: P.A. 100-657, eff. 8-1-18.)
| ||||||
13 | (215 ILCS 5/143.24b) (from Ch. 73, par. 755.24b)
| ||||||
14 | Sec. 143.24b.
Any insurer insuring any person or
entity | ||||||
15 | against damages
arising out of a vehicular crash accident | ||||||
16 | shall disclose the dollar amount of
liability coverage under | ||||||
17 | the insured's personal private passenger
automobile liability | ||||||
18 | insurance policy upon receipt of the
following: (a) a | ||||||
19 | certified letter from a claimant or any attorney
purporting to | ||||||
20 | represent any claimant which requests such disclosure and
(b) | ||||||
21 | a brief description of the nature and extent of the injuries,
| ||||||
22 | accompanied by a statement of the amount of medical bills | ||||||
23 | incurred to date
and copies of medical records. The disclosure | ||||||
24 | shall be confidential and available
only to the claimant, his | ||||||
25 | attorney and personnel
in the office of the attorney entitled |
| |||||||
| |||||||
1 | to access to the claimant's files.
The insurer shall forward | ||||||
2 | the information to the party requesting it by
certified mail, | ||||||
3 | return receipt requested, within 30 days of receipt of the | ||||||
4 | request.
| ||||||
5 | (Source: P.A. 85-1209.)
| ||||||
6 | (215 ILCS 5/143.29) (from Ch. 73, par. 755.29)
| ||||||
7 | Sec. 143.29.
(a) The rates and premium charges for every | ||||||
8 | policy of automobile
liability insurance shall include | ||||||
9 | appropriate reductions as determined
by the insurer for any | ||||||
10 | insured
over age 55 upon successful completion of the National | ||||||
11 | Safety Council's
Defensive Driving Course or a motor vehicle | ||||||
12 | crash accident prevention course, including an eLearning | ||||||
13 | course, that
is found by the Secretary of State to meet or | ||||||
14 | exceed the standards of the
National Safety Council's | ||||||
15 | Defensive Driving Course's 8 hour classroom safety
instruction | ||||||
16 | program.
| ||||||
17 | (b) The premium reduction shall remain in effect for the | ||||||
18 | qualifying insured
for a period of 3 years from the date of | ||||||
19 | successful completion of the crash accident
prevention course, | ||||||
20 | except that the insurer may elect to apply the premium
| ||||||
21 | reduction beginning either with the last effective date of the | ||||||
22 | policy or
the next renewal date of the policy if the reduction | ||||||
23 | will result in a savings
as though applied over a full 3 year | ||||||
24 | period. An insured who has completed
the course of instruction | ||||||
25 | prior to July 1, 1982 shall receive the insurance
premium |
| |||||||
| |||||||
1 | reduction
for only the period remaining within the 3 years | ||||||
2 | from course completion.
The period of premium reduction for an | ||||||
3 | insured who has repeated the crash accident
prevention course | ||||||
4 | shall be based upon the last such course the insured has
| ||||||
5 | successfully completed.
| ||||||
6 | (c) Any crash accident prevention course approved by the | ||||||
7 | Secretary of State
under this Section shall be taught by an | ||||||
8 | instructor approved by the Secretary
of State, shall consist | ||||||
9 | of at least 8 hours of classroom or eLearning equivalent | ||||||
10 | instruction and
shall provide for a certificate of completion. | ||||||
11 | Records of certification
of course completion shall be | ||||||
12 | maintained in a manner acceptable to the Secretary
of State.
| ||||||
13 | (d) Any person claiming eligibility for a rate or premium | ||||||
14 | reduction shall
be responsible for providing to his insurance | ||||||
15 | company the information necessary
to determine eligibility.
| ||||||
16 | (e) This Section shall not apply to:
| ||||||
17 | (1) any motor vehicle which is a part of a fleet or is | ||||||
18 | used for commercial
purposes unless there is a regularly | ||||||
19 | assigned principal operator.
| ||||||
20 | (2) any motor vehicle subject to a higher premium rate | ||||||
21 | because of the
insured's previous motor vehicle claim | ||||||
22 | experience or to any motor vehicle
whose principal | ||||||
23 | operator has been convicted of violating any of the
motor | ||||||
24 | vehicle laws of this State, until that operator
shall have | ||||||
25 | maintained a driving record free of crashes
accidents and | ||||||
26 | moving violations for
a continuous one year period,
in |
| |||||||
| |||||||
1 | which case such driver shall be eligible for a reduction | ||||||
2 | the remaining
2 years of the 3 year period.
| ||||||
3 | (3) any motor vehicle whose principal operator has had | ||||||
4 | his drivers license
revoked or suspended for any reason by | ||||||
5 | the Secretary of State within the
previous 36 months.
| ||||||
6 | (4) any policy of group automobile insurance under | ||||||
7 | which premiums are
broadly averaged for the group rather | ||||||
8 | than determined individually.
| ||||||
9 | (Source: P.A. 102-397, eff. 1-1-22 .)
| ||||||
10 | (215 ILCS 5/143.32)
| ||||||
11 | Sec. 143.32. Replacement of child restraint systems. A | ||||||
12 | policy of
automobile
insurance, as defined in Section 143.13, | ||||||
13 | that is amended, delivered, issued, or
renewed
after the | ||||||
14 | effective date of this amendatory Act of the 91st General | ||||||
15 | Assembly
must include
coverage for replacement of a child | ||||||
16 | restraint system that was in use by a child
during a crash an
| ||||||
17 | accident to which coverage is applicable. As used in this | ||||||
18 | Section, "child
restraint system"
has the meaning given that | ||||||
19 | term in the Child Passenger Restraint Act.
| ||||||
20 | (Source: P.A. 91-749, eff. 6-2-00.)
| ||||||
21 | (215 ILCS 5/143a) (from Ch. 73, par. 755a)
| ||||||
22 | Sec. 143a. Uninsured and hit and run motor vehicle | ||||||
23 | coverage.
| ||||||
24 | (1) No policy insuring against
loss resulting from |
| |||||||
| |||||||
1 | liability imposed by law for bodily injury or death
suffered | ||||||
2 | by any person arising out of the ownership, maintenance or use
| ||||||
3 | of a motor vehicle that is designed for use on public highways | ||||||
4 | and that
is either required to be registered in this State or | ||||||
5 | is principally garaged
in this State shall be renewed, | ||||||
6 | delivered, or issued for delivery
in this State unless | ||||||
7 | coverage is provided therein or
supplemental thereto, in | ||||||
8 | limits for bodily injury or death set forth in
Section 7-203 of | ||||||
9 | the Illinois Vehicle Code for the
protection of persons | ||||||
10 | insured thereunder who are legally entitled to
recover damages | ||||||
11 | from owners or operators of uninsured motor vehicles and
| ||||||
12 | hit-and-run motor vehicles because of bodily injury, sickness | ||||||
13 | or
disease, including death, resulting therefrom. Uninsured | ||||||
14 | motor vehicle
coverage does not apply to bodily injury, | ||||||
15 | sickness, disease, or death resulting
therefrom, of an insured | ||||||
16 | while occupying a motor vehicle owned by, or furnished
or | ||||||
17 | available for the regular use of the insured, a resident | ||||||
18 | spouse or resident
relative, if that motor vehicle is not | ||||||
19 | described in the policy under which a
claim is made or is not a | ||||||
20 | newly acquired or replacement motor vehicle covered
under the | ||||||
21 | terms of the policy. The limits for any coverage for any | ||||||
22 | vehicle
under the policy may not be aggregated with the limits | ||||||
23 | for any similar
coverage, whether provided by the same insurer | ||||||
24 | or another insurer, applying to
other motor vehicles, for | ||||||
25 | purposes of determining the total limit of insurance
coverage | ||||||
26 | available for bodily injury or death suffered by a person in |
| |||||||
| |||||||
1 | any one
crash accident . No
policy shall be renewed, delivered, | ||||||
2 | or issued for delivery in this
State unless it is provided | ||||||
3 | therein that any dispute
with respect to the coverage and the | ||||||
4 | amount of damages shall be submitted
for arbitration to the
| ||||||
5 | American Arbitration Association and be subject to its rules | ||||||
6 | for the conduct
of arbitration hearings
as to all matters | ||||||
7 | except medical opinions. As to medical opinions, if the
amount | ||||||
8 | of damages being sought is equal to or less than the amount | ||||||
9 | provided for
in Section 7-203 of the Illinois Vehicle Code, | ||||||
10 | then the current American
Arbitration Association Rules shall | ||||||
11 | apply. If the amount being sought in an
American Arbitration | ||||||
12 | Association case exceeds that amount as set forth in
Section | ||||||
13 | 7-203 of the Illinois Vehicle Code, then the Rules of Evidence | ||||||
14 | that
apply in the circuit court for placing medical opinions | ||||||
15 | into evidence shall
govern. Alternatively, disputes with | ||||||
16 | respect to damages and the coverage shall
be
determined in the
| ||||||
17 | following
manner: Upon the insured requesting arbitration, | ||||||
18 | each party to the
dispute shall select an arbitrator and the 2 | ||||||
19 | arbitrators so named
shall select a third arbitrator. If such | ||||||
20 | arbitrators are not selected
within 45 days from such request, | ||||||
21 | either party may request that the
arbitration be submitted to | ||||||
22 | the American Arbitration Association.
Any decision made by the | ||||||
23 | arbitrators shall be binding for the amount of
damages not | ||||||
24 | exceeding $75,000 for bodily injury to or
death of any one | ||||||
25 | person, $150,000 for bodily injury to or death of 2 or more
| ||||||
26 | persons in any one motor vehicle crash accident ,
or the |
| |||||||
| |||||||
1 | corresponding policy limits for bodily injury or death, | ||||||
2 | whichever is
less.
All 3-person arbitration cases proceeding | ||||||
3 | in accordance with any uninsured
motorist
coverage conducted | ||||||
4 | in this State in
which the claimant is only seeking monetary | ||||||
5 | damages up to the limits
set forth in Section 7-203 of the | ||||||
6 | Illinois Vehicle Code
shall be subject to the following rules:
| ||||||
7 | (A) If at least 60 days' written
notice of the | ||||||
8 | intention to offer the following documents in evidence is | ||||||
9 | given
to every other party, accompanied by a copy of the | ||||||
10 | document, a party may offer
in evidence, without | ||||||
11 | foundation or other proof:
| ||||||
12 | (1) bills, records, and reports of hospitals, | ||||||
13 | doctors, dentists,
registered nurses, licensed | ||||||
14 | practical nurses, physical therapists, and other
| ||||||
15 | healthcare providers;
| ||||||
16 | (2) bills for drugs, medical appliances, and | ||||||
17 | prostheses;
| ||||||
18 | (3) property repair bills or estimates, when | ||||||
19 | identified and itemized
setting forth the charges for | ||||||
20 | labor and material used or proposed for use in
the | ||||||
21 | repair of the property;
| ||||||
22 | (4) a report of the rate of earnings and time lost | ||||||
23 | from work or lost
compensation prepared by an | ||||||
24 | employer;
| ||||||
25 | (5) the written opinion of an opinion witness, the | ||||||
26 | deposition of a
witness, and the statement of a |
| |||||||
| |||||||
1 | witness that the witness would be allowed to
express | ||||||
2 | if testifying in person, if the opinion or statement | ||||||
3 | is made by
affidavit or by
certification as provided | ||||||
4 | in Section 1-109 of the Code of Civil Procedure;
| ||||||
5 | (6) any other document not specifically covered by | ||||||
6 | any of the foregoing
provisions that is otherwise | ||||||
7 | admissible under the rules of evidence.
| ||||||
8 | Any party receiving a notice under this paragraph (A) | ||||||
9 | may apply to the
arbitrator or panel of arbitrators, as | ||||||
10 | the case may be, for the issuance of a
subpoena directed to | ||||||
11 | the author or maker or custodian of the document that is
| ||||||
12 | the subject of the notice, requiring the person subpoenaed | ||||||
13 | to produce copies of
any additional documents as may be | ||||||
14 | related to the subject matter of the
document that is the | ||||||
15 | subject of the notice. Any such subpoena shall be issued
| ||||||
16 | in substantially similar form and served by notice as | ||||||
17 | provided by Illinois
Supreme Court Rule 204(a)(4). Any | ||||||
18 | such subpoena shall be returnable not
less than 5 days | ||||||
19 | before the arbitration hearing.
| ||||||
20 | (B) Notwithstanding the provisions of Supreme Court | ||||||
21 | Rule 213(g), a party
who proposes to use a written opinion | ||||||
22 | of an expert or opinion witness or the
testimony of
an | ||||||
23 | expert or opinion witness at the hearing may do so | ||||||
24 | provided a written notice
of that
intention is given to | ||||||
25 | every other party not less than 60 days prior to the date
| ||||||
26 | of hearing, accompanied by a statement containing the |
| |||||||
| |||||||
1 | identity of the
witness, his or her qualifications, the | ||||||
2 | subject matter, the basis of the
witness's conclusions,
| ||||||
3 | and his or her opinion.
| ||||||
4 | (C) Any other party may subpoena the author or maker | ||||||
5 | of a document
admissible under this subsection, at that | ||||||
6 | party's expense, and examine the
author
or maker as if | ||||||
7 | under cross-examination. The provisions of Section 2-1101 | ||||||
8 | of
the
Code of Civil Procedure shall be applicable to | ||||||
9 | arbitration hearings, and it
shall be the duty of a party | ||||||
10 | requesting the subpoena to modify the form to show
that | ||||||
11 | the appearance is set before an arbitration panel and to | ||||||
12 | give the time and
place set for the hearing.
| ||||||
13 | (D) The provisions of Section 2-1102 of the Code of | ||||||
14 | Civil Procedure shall
be
applicable to arbitration | ||||||
15 | hearings under this subsection.
| ||||||
16 | (2) No policy insuring
against loss resulting from | ||||||
17 | liability imposed by law for property damage
arising out of | ||||||
18 | the ownership, maintenance, or use of a motor vehicle shall
be | ||||||
19 | renewed, delivered, or issued for delivery in this State with | ||||||
20 | respect
to any private passenger or recreational motor vehicle | ||||||
21 | that is
designed for use on public highways and that is either | ||||||
22 | required to be
registered in this State or is principally | ||||||
23 | garaged in this State and
is not covered by collision | ||||||
24 | insurance under the provisions of such
policy, unless coverage | ||||||
25 | is made available in the amount of the actual
cash value of the | ||||||
26 | motor vehicle described in the policy or $15,000
whichever is |
| |||||||
| |||||||
1 | less, subject to a $250 deductible, for the protection of
| ||||||
2 | persons insured thereunder who are legally entitled to recover | ||||||
3 | damages from
owners or operators of uninsured motor vehicles | ||||||
4 | and hit-and-run motor
vehicles because of property damage to | ||||||
5 | the motor vehicle described in the
policy.
| ||||||
6 | There shall be no liability imposed under the uninsured | ||||||
7 | motorist
property damage coverage required by this subsection | ||||||
8 | if the owner or
operator of the at-fault uninsured motor | ||||||
9 | vehicle or hit-and-run motor
vehicle cannot be identified. | ||||||
10 | This subsection shall not apply to any
policy which does not | ||||||
11 | provide primary motor vehicle liability insurance for
| ||||||
12 | liabilities arising from the maintenance, operation, or use of | ||||||
13 | a
specifically insured motor vehicle.
| ||||||
14 | Each insurance company providing motor vehicle property | ||||||
15 | damage liability
insurance shall advise applicants of the | ||||||
16 | availability of uninsured motor
vehicle property damage | ||||||
17 | coverage, the premium therefor, and provide a brief
| ||||||
18 | description of the coverage. That information
need be given | ||||||
19 | only once and shall not be required in any subsequent renewal,
| ||||||
20 | reinstatement or reissuance, substitute, amended, replacement | ||||||
21 | or
supplementary policy. No written rejection shall be | ||||||
22 | required, and
the absence of a premium payment for uninsured | ||||||
23 | motor vehicle property damage
shall constitute conclusive | ||||||
24 | proof that the applicant or policyholder has
elected not to | ||||||
25 | accept uninsured motorist property damage coverage.
| ||||||
26 | An insurance company issuing uninsured motor vehicle
|
| |||||||
| |||||||
1 | property damage coverage may provide that:
| ||||||
2 | (i) Property damage losses recoverable thereunder | ||||||
3 | shall be limited to
damages caused by the actual physical | ||||||
4 | contact of an uninsured motor vehicle
with the insured | ||||||
5 | motor vehicle.
| ||||||
6 | (ii) There shall be no coverage for loss of use of the | ||||||
7 | insured motor
vehicle and no coverage for loss or damage | ||||||
8 | to personal property located in
the insured motor vehicle.
| ||||||
9 | (iii) Any claim submitted shall include the name and | ||||||
10 | address of the
owner of the at-fault uninsured motor | ||||||
11 | vehicle, or a registration number and
description of the | ||||||
12 | vehicle, or any other available information to
establish | ||||||
13 | that there is no applicable motor vehicle property damage | ||||||
14 | liability
insurance.
| ||||||
15 | Any dispute with respect to the coverage and the amount of
| ||||||
16 | damages shall be submitted for
arbitration to the American | ||||||
17 | Arbitration Association and be subject to its
rules for the | ||||||
18 | conduct of arbitration hearings or for determination in
the | ||||||
19 | following manner: Upon the insured requesting arbitration, | ||||||
20 | each party
to the dispute shall select an arbitrator and the 2 | ||||||
21 | arbitrators so named
shall select a third arbitrator. If such | ||||||
22 | arbitrators are not selected
within 45 days from such request, | ||||||
23 | either party may request that the
arbitration be submitted to | ||||||
24 | the American Arbitration Association.
Any arbitration | ||||||
25 | proceeding under this subsection seeking recovery for
property | ||||||
26 | damages shall be
subject to the following rules:
|
| |||||||
| |||||||
1 | (A) If at least 60 days' written
notice of the | ||||||
2 | intention to offer the following documents in evidence is | ||||||
3 | given
to every other party, accompanied by a copy of the | ||||||
4 | document, a party may offer
in evidence, without | ||||||
5 | foundation or other proof:
| ||||||
6 | (1) property repair bills or estimates, when | ||||||
7 | identified and itemized
setting forth the charges for | ||||||
8 | labor and material used or proposed for use in
the | ||||||
9 | repair of the property;
| ||||||
10 | (2) the written opinion of an opinion witness, the | ||||||
11 | deposition of a
witness, and the statement of a | ||||||
12 | witness that the witness would be allowed to
express | ||||||
13 | if testifying in person, if the opinion or statement | ||||||
14 | is made by
affidavit or by
certification as provided | ||||||
15 | in Section 1-109 of the Code of Civil Procedure;
| ||||||
16 | (3) any other document not specifically covered by | ||||||
17 | any of the foregoing
provisions that is otherwise | ||||||
18 | admissible under the rules of evidence.
| ||||||
19 | Any party receiving a notice under this paragraph (A) | ||||||
20 | may apply to the
arbitrator or panel of arbitrators, as | ||||||
21 | the case may be, for the issuance of a
subpoena directed to | ||||||
22 | the author or maker or custodian of the document that is
| ||||||
23 | the subject of the notice, requiring the person subpoenaed | ||||||
24 | to produce copies of
any additional documents as may be | ||||||
25 | related to the subject matter of the
document that is the | ||||||
26 | subject of the notice. Any such subpoena shall be issued
|
| |||||||
| |||||||
1 | in substantially similar form and served by notice as | ||||||
2 | provided by Illinois
Supreme Court Rule 204(a)(4). Any | ||||||
3 | such subpoena shall be returnable not
less than 5 days | ||||||
4 | before the arbitration hearing.
| ||||||
5 | (B) Notwithstanding the provisions of Supreme Court | ||||||
6 | Rule 213(g), a party
who proposes to use a written opinion | ||||||
7 | of an expert or opinion witness or the
testimony of
an | ||||||
8 | expert or opinion witness at the hearing may do so | ||||||
9 | provided a written notice
of that
intention is given to | ||||||
10 | every other party not less than 60 days prior to the date
| ||||||
11 | of hearing, accompanied by a statement containing the | ||||||
12 | identity of the
witness, his or her qualifications, the | ||||||
13 | subject matter, the basis of the
witness's conclusions,
| ||||||
14 | and his or her opinion.
| ||||||
15 | (C) Any other party may subpoena the author or maker | ||||||
16 | of a document
admissible under this subsection, at that | ||||||
17 | party's expense, and examine the
author
or maker as if | ||||||
18 | under cross-examination. The provisions of Section 2-1101 | ||||||
19 | of
the
Code of Civil Procedure shall be applicable to | ||||||
20 | arbitration hearings, and it
shall be the duty of a party | ||||||
21 | requesting the subpoena to modify the form to show
that | ||||||
22 | the appearance is set before an arbitration panel and to | ||||||
23 | give the time and
place set for the hearing.
| ||||||
24 | (D) The provisions of Section 2-1102 of the Code of | ||||||
25 | Civil Procedure shall
be
applicable to arbitration | ||||||
26 | hearings under this subsection.
|
| |||||||
| |||||||
1 | (3) For the purpose of the coverage, the term "uninsured | ||||||
2 | motor
vehicle" includes, subject to the terms and conditions | ||||||
3 | of the coverage,
a motor vehicle where on, before , or after the | ||||||
4 | accident date of the crash the
liability insurer thereof is | ||||||
5 | unable to make payment with respect to the
legal liability of | ||||||
6 | its insured within the limits specified in the policy
because | ||||||
7 | of the entry by a court of competent jurisdiction of an order | ||||||
8 | of
rehabilitation or liquidation by reason of insolvency on or | ||||||
9 | after the
accident date of the crash . An insurer's extension | ||||||
10 | of coverage, as provided in this
subsection, shall be | ||||||
11 | applicable to all crashes accidents occurring after July
1, | ||||||
12 | 1967 during a policy period in which its insured's uninsured | ||||||
13 | motor
vehicle coverage is in effect. Nothing in this Section | ||||||
14 | may be construed
to prevent any insurer from extending | ||||||
15 | coverage under terms and
conditions more favorable to its | ||||||
16 | insureds than is required by this Section.
| ||||||
17 | (4) In the event of payment to any person under the | ||||||
18 | coverage
required by this Section and subject to the terms and | ||||||
19 | conditions of the
coverage, the insurer making the payment | ||||||
20 | shall, to the extent thereof,
be entitled to the proceeds of | ||||||
21 | any settlement or judgment resulting from
the exercise of any | ||||||
22 | rights of recovery of the person against any person
or | ||||||
23 | organization legally responsible for the property damage, | ||||||
24 | bodily
injury or death for which the payment is made, | ||||||
25 | including the proceeds
recoverable from the assets of the | ||||||
26 | insolvent insurer. With respect to
payments made by reason of |
| |||||||
| |||||||
1 | the coverage described in subsection (3), the
insurer making | ||||||
2 | such payment shall not be entitled to any right of recovery
| ||||||
3 | against the tortfeasor in excess of the proceeds recovered | ||||||
4 | from the assets
of the insolvent insurer of the tortfeasor.
| ||||||
5 | (5) This amendatory Act of 1967 (Laws of Illinois 1967, | ||||||
6 | page 875) shall not be construed to terminate
or reduce any | ||||||
7 | insurance coverage or any right of any party under this
Code in | ||||||
8 | effect before July 1, 1967. Public Act 86-1155 shall not
be | ||||||
9 | construed to terminate or reduce any insurance coverage or any | ||||||
10 | right of
any party under this Code in effect before its | ||||||
11 | effective date.
| ||||||
12 | (6) Failure of the motorist from whom the claimant is | ||||||
13 | legally
entitled to recover damages to file the appropriate | ||||||
14 | forms with the
Safety Responsibility Section of the Department | ||||||
15 | of Transportation within
120 days of the accident date of the | ||||||
16 | crash shall create a rebuttable presumption that
the motorist | ||||||
17 | was uninsured at the time of the injurious occurrence.
| ||||||
18 | (7) An insurance carrier may upon good cause require the
| ||||||
19 | insured to commence a legal action against the owner or | ||||||
20 | operator of an
uninsured motor vehicle before good faith | ||||||
21 | negotiation with the carrier. If
the action is commenced at | ||||||
22 | the request of the insurance carrier, the
carrier shall pay to | ||||||
23 | the insured, before the action is commenced, all court
costs, | ||||||
24 | jury fees and sheriff's fees arising from the action.
| ||||||
25 | The changes made by Public Act 90-451 apply to all | ||||||
26 | policies of
insurance amended, delivered, issued, or renewed |
| |||||||
| |||||||
1 | on and after January 1, 1998 (the effective
date of Public Act | ||||||
2 | 90-451).
| ||||||
3 | (8) The changes made by Public Act 98-927 apply to all | ||||||
4 | policies of
insurance amended, delivered, issued, or renewed | ||||||
5 | on and after January 1, 2015 (the effective
date of Public Act | ||||||
6 | 98-927). | ||||||
7 | (Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15; | ||||||
8 | 99-642, eff. 7-28-16.)
| ||||||
9 | (215 ILCS 5/143a-2) (from Ch. 73, par. 755a-2)
| ||||||
10 | Sec. 143a-2. (1) Additional uninsured motor vehicle
| ||||||
11 | coverage. No policy insuring against loss resulting from | ||||||
12 | liability imposed
by law for bodily injury or death suffered | ||||||
13 | by any person arising out of the
ownership, maintenance or use | ||||||
14 | of a motor vehicle shall be renewed or
delivered or issued for | ||||||
15 | delivery in this State with respect to any motor
vehicle | ||||||
16 | designed for use on public highways and required to be | ||||||
17 | registered
in this State unless uninsured motorist coverage as | ||||||
18 | required in Section
143a of this Code is included in an amount | ||||||
19 | equal to the insured's bodily
injury liability limits unless | ||||||
20 | specifically rejected by the insured as provided in paragraph | ||||||
21 | (2) of this Section. Each
insurance company providing the | ||||||
22 | coverage must provide applicants with a
brief description of | ||||||
23 | the coverage and advise them of their right to reject
the | ||||||
24 | coverage in excess of the limits set forth in Section 7-203 of | ||||||
25 | the
Illinois Vehicle Code. The provisions of this amendatory |
| |||||||
| |||||||
1 | Act of 1990 apply
to policies of insurance applied for after | ||||||
2 | June 30, 1991.
| ||||||
3 | (2) Right of rejection of additional uninsured motorist
| ||||||
4 | coverage. Any named insured or applicant may reject additional | ||||||
5 | uninsured
motorist coverage in excess of the limits set forth | ||||||
6 | in Section 7-203
of the Illinois Vehicle Code by making a | ||||||
7 | written request for limits of uninsured motorist coverage | ||||||
8 | which are less than bodily injury liability limits or a | ||||||
9 | written rejection of limits in excess of those required by | ||||||
10 | law. This election or rejection shall be binding on all | ||||||
11 | persons insured under the policy. In those cases where the | ||||||
12 | insured has elected
to purchase limits of uninsured motorist | ||||||
13 | coverage which are less than
bodily injury liability limits or | ||||||
14 | to reject limits in excess of those
required by law, the | ||||||
15 | insurer need not provide in any renewal,
reinstatement, | ||||||
16 | reissuance, substitute, amended, replacement or
supplementary | ||||||
17 | policy, coverage in excess of that elected by the insured in
| ||||||
18 | connection with a policy previously issued to such insured by | ||||||
19 | the same
insurer unless the insured subsequently makes a | ||||||
20 | written request for
such coverage.
| ||||||
21 | (3) The original document indicating the applicant's | ||||||
22 | selection of
uninsured motorist coverage limits shall | ||||||
23 | constitute sufficient evidence of
the applicant's selection of | ||||||
24 | uninsured motorist coverage limits. For purposes of this
| ||||||
25 | Section any reproduction of the document by means of | ||||||
26 | photograph,
photostat, microfiche, computerized optical |
| |||||||
| |||||||
1 | imaging process, or other
similar process or means of | ||||||
2 | reproduction shall be deemed the equivalent of
the original | ||||||
3 | document.
| ||||||
4 | (4) For the purpose of this Code the term "underinsured | ||||||
5 | motor vehicle"
means a motor vehicle whose ownership, | ||||||
6 | maintenance or use has resulted in
bodily injury or death of | ||||||
7 | the insured, as defined in the policy, and for
which the sum of | ||||||
8 | the limits of liability under all bodily injury liability
| ||||||
9 | insurance policies or under bonds or other security required | ||||||
10 | to be
maintained under Illinois law applicable to the driver | ||||||
11 | or to the person or
organization legally responsible for such | ||||||
12 | vehicle and applicable to the
vehicle, is less than the limits | ||||||
13 | for underinsured coverage provided the
insured as defined in | ||||||
14 | the policy at the time of the crash accident . The limits
of | ||||||
15 | liability for an insurer providing underinsured motorist | ||||||
16 | coverage shall
be the limits of such coverage, less those | ||||||
17 | amounts actually recovered under
the applicable bodily injury | ||||||
18 | insurance policies, bonds or other security
maintained on the | ||||||
19 | underinsured motor vehicle.
| ||||||
20 | On or after July 1, 1983, no policy insuring against loss | ||||||
21 | resulting
from liability imposed by law for bodily injury or | ||||||
22 | death suffered by any
person arising out of the ownership, | ||||||
23 | maintenance or use of a motor vehicle
shall be renewed or | ||||||
24 | delivered or issued for delivery in this State with respect
to | ||||||
25 | any motor vehicle designed for use on public highways and | ||||||
26 | required to be
registered in this State unless underinsured |
| |||||||
| |||||||
1 | motorist coverage is included
in such policy in an amount | ||||||
2 | equal to the total amount of uninsured motorist
coverage | ||||||
3 | provided in that policy where such uninsured motorist coverage
| ||||||
4 | exceeds the limits set forth in Section 7-203 of the Illinois | ||||||
5 | Vehicle Code.
| ||||||
6 | The changes made to this subsection (4) by this amendatory | ||||||
7 | Act of the 93rd General Assembly apply to policies issued or | ||||||
8 | renewed on or after December 1, 2004.
| ||||||
9 | (5) Scope. Nothing herein shall prohibit an insurer from | ||||||
10 | setting forth
policy terms and conditions which provide that | ||||||
11 | if the insured has coverage
available under this Section under | ||||||
12 | more than one policy or provision of
coverage, any recovery or | ||||||
13 | benefits may be equal to, but may not exceed,
the higher of the | ||||||
14 | applicable limits of the respective coverage, and the
limits | ||||||
15 | of liability under this Section shall not be increased because
| ||||||
16 | of multiple motor vehicles covered under the same policy of | ||||||
17 | insurance.
Insurers providing liability coverage on an excess | ||||||
18 | or umbrella basis are
neither required to provide, nor are | ||||||
19 | they prohibited from offering or
making available coverages | ||||||
20 | conforming to this Section on a supplemental
basis. | ||||||
21 | Notwithstanding the provisions of this Section, an insurer | ||||||
22 | shall
not be prohibited from solely providing a combination of | ||||||
23 | uninsured and
underinsured motorist coverages where the limits | ||||||
24 | of liability under each
coverage is in the same amount.
| ||||||
25 | (6) Subrogation against underinsured motorists. No insurer | ||||||
26 | shall exercise
any right of subrogation under a policy |
| |||||||
| |||||||
1 | providing additional uninsured motorist
coverage against an | ||||||
2 | underinsured motorist where the insurer has been provided
with | ||||||
3 | written notice in advance of a settlement between its insured | ||||||
4 | and the
underinsured motorist and the insurer fails to advance | ||||||
5 | a payment to
the insured, in an amount equal to the tentative | ||||||
6 | settlement, within 30 days
following receipt of such notice.
| ||||||
7 | (7) A policy which provides underinsured motor vehicle | ||||||
8 | coverage may
include a clause which denies payment until the | ||||||
9 | limits of liability or
portion thereof under
all bodily injury | ||||||
10 | liability insurance policies applicable to the
underinsured | ||||||
11 | motor vehicle and its operators have been partially or fully
| ||||||
12 | exhausted
by payment
of judgment or settlement. A judgment or | ||||||
13 | settlement of the bodily injury
claim in an amount less than | ||||||
14 | the limits of liability of the bodily injury
coverages | ||||||
15 | applicable to the claim shall not preclude the claimant from | ||||||
16 | making
an underinsured motorist claim against the underinsured | ||||||
17 | motorist coverage.
Any such provision in a policy of insurance
| ||||||
18 | shall be inapplicable if the insured, or the legal | ||||||
19 | representative of the
insured, and the insurer providing | ||||||
20 | underinsured motor vehicle coverage
agree that the insured has | ||||||
21 | suffered bodily injury or death as the result of
the negligent | ||||||
22 | operation, maintenance, or use of an underinsured motor
| ||||||
23 | vehicle and, without arbitration, agree also on the amount of | ||||||
24 | damages that
the insured is legally entitled to collect. The | ||||||
25 | maximum amount payable
pursuant to such an underinsured motor | ||||||
26 | vehicle insurance settlement
agreement shall not exceed the |
| |||||||
| |||||||
1 | amount by which the limits of the
underinsured motorist | ||||||
2 | coverage exceed the limits of the bodily injury
liability | ||||||
3 | insurance of the owner or operator of the underinsured motor
| ||||||
4 | vehicle. Any such agreement shall be final as to the amount due | ||||||
5 | and shall
be binding upon both the insured and the | ||||||
6 | underinsured motorist insurer
regardless of the amount of any | ||||||
7 | judgment, or any settlement reached between
any insured and | ||||||
8 | the person or persons responsible for the crash accident . No
| ||||||
9 | such settlement agreement shall be concluded unless: (i) the | ||||||
10 | insured has
complied with all other applicable policy terms | ||||||
11 | and conditions; and (ii)
before the conclusion of the | ||||||
12 | settlement agreement, the insured has filed
suit against the | ||||||
13 | underinsured motor vehicle owner or operator and has not
| ||||||
14 | abandoned the suit, or settled the suit without preserving the | ||||||
15 | rights of
the insurer providing underinsured motor vehicle | ||||||
16 | coverage in the manner
described in paragraph (6) of this | ||||||
17 | Section.
| ||||||
18 | (Source: P.A. 93-762, eff. 7-16-04 .)
| ||||||
19 | Section 60. The Child Care Act of 1969 is amended by | ||||||
20 | changing Section 5.1 as follows:
| ||||||
21 | (225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
| ||||||
22 | Sec. 5.1. (a) The Department shall ensure that no day care | ||||||
23 | center, group
home or child care institution as defined in | ||||||
24 | this Act shall on a regular
basis transport a child or children |
| |||||||
| |||||||
1 | with any motor vehicle unless such
vehicle is operated by a | ||||||
2 | person who complies with the following requirements:
| ||||||
3 | 1. is 21 years of age or older;
| ||||||
4 | 2. currently holds a valid driver's license, which has | ||||||
5 | not been revoked
or suspended for one or more traffic | ||||||
6 | violations during the 3 years
immediately prior to the | ||||||
7 | date of application;
| ||||||
8 | 3. demonstrates physical fitness to operate vehicles | ||||||
9 | by submitting the
results of a medical examination | ||||||
10 | conducted by a licensed physician;
| ||||||
11 | 4. has not been convicted of more than 2 offenses | ||||||
12 | against traffic
regulations governing the movement of | ||||||
13 | vehicles within a twelve month period;
| ||||||
14 | 5. has not been convicted of reckless driving or | ||||||
15 | driving under the
influence or manslaughter or reckless | ||||||
16 | homicide resulting from the
operation of a motor vehicle | ||||||
17 | within the past 3 years;
| ||||||
18 | 6. has signed and submitted a written statement | ||||||
19 | certifying that he has
not, through the unlawful operation | ||||||
20 | of a motor vehicle, caused a crash an accident
which | ||||||
21 | resulted in the death of any person within the 5 years | ||||||
22 | immediately
prior to the date of application.
| ||||||
23 | However, such day care centers, group homes and child care | ||||||
24 | institutions
may provide for transportation of a child or | ||||||
25 | children for special outings,
functions or purposes that are | ||||||
26 | not scheduled on a regular basis without
verification that |
| |||||||
| |||||||
1 | drivers for such purposes meet the requirements of this
| ||||||
2 | Section.
| ||||||
3 | (a-5) As a means of ensuring compliance with the | ||||||
4 | requirements set forth in subsection (a), the Department shall | ||||||
5 | implement appropriate measures to verify that every individual | ||||||
6 | who is employed at a group home or child care institution meets | ||||||
7 | those requirements. | ||||||
8 | For every individual employed at a group home or child | ||||||
9 | care institution who regularly transports children in the | ||||||
10 | course of performing his or her duties, the Department must | ||||||
11 | make the verification every 2 years. Upon the Department's | ||||||
12 | request, the Secretary of State shall provide the Department | ||||||
13 | with the information necessary to enable the Department to | ||||||
14 | make the verifications required under subsection (a). | ||||||
15 | In the case of an individual employed at a group home or | ||||||
16 | child care institution who becomes subject to subsection (a) | ||||||
17 | for the first time after the effective date of this amendatory | ||||||
18 | Act of the 94th General Assembly, the Department must make | ||||||
19 | that verification with the Secretary of State before the | ||||||
20 | individual operates a motor vehicle to transport a child or | ||||||
21 | children under the circumstances described in subsection (a). | ||||||
22 | In the case of an individual employed at a group home or | ||||||
23 | child care institution who is subject to subsection (a) on the | ||||||
24 | effective date of this amendatory Act of the 94th General | ||||||
25 | Assembly, the Department must make that verification with the | ||||||
26 | Secretary of State within 30 days after that effective date. |
| |||||||
| |||||||
1 | If the Department discovers that an individual fails to | ||||||
2 | meet the requirements set forth in subsection (a), the | ||||||
3 | Department shall promptly notify the appropriate group home or | ||||||
4 | child care institution.
| ||||||
5 | (b) Any individual who holds a valid Illinois school bus | ||||||
6 | driver permit
issued by the Secretary of State
pursuant to The | ||||||
7 | Illinois
Vehicle Code, and who is currently employed by a | ||||||
8 | school district or parochial
school, or by a contractor with a | ||||||
9 | school district or parochial school, to
drive a school bus | ||||||
10 | transporting children to and from school,
shall be deemed in | ||||||
11 | compliance with the requirements of subsection (a).
| ||||||
12 | (c) The Department may, pursuant to Section 8 of this Act, | ||||||
13 | revoke the
license of any day care center, group home or child | ||||||
14 | care institution that
fails to meet the requirements of this | ||||||
15 | Section.
| ||||||
16 | (d) A group home or child care institution that
fails to | ||||||
17 | meet the requirements of this Section is guilty of a petty | ||||||
18 | offense and is subject to a fine of not more than $1,000. Each | ||||||
19 | day that a group home or child care institution fails to meet | ||||||
20 | the requirements of this Section is a separate offense.
| ||||||
21 | (Source: P.A. 94-943, eff. 1-1-07.)
| ||||||
22 | Section 65. The Liquor Control Act of 1934 is amended by | ||||||
23 | changing Section 6-29.1 as follows:
| ||||||
24 | (235 ILCS 5/6-29.1)
|
| |||||||
| |||||||
1 | Sec. 6-29.1. Direct shipments of alcoholic liquor. | ||||||
2 | (a) The General Assembly makes the following findings: | ||||||
3 | (1) The General Assembly of Illinois, having reviewed
| ||||||
4 | this Act in light of the United
States Supreme Court's | ||||||
5 | 2005 decision in Granholm v. Heald,
has determined to | ||||||
6 | conform that law to the constitutional
principles | ||||||
7 | enunciated by the Court in a manner that best
preserves | ||||||
8 | the temperance, revenue, and orderly
distribution values | ||||||
9 | of this Act. | ||||||
10 | (2) Minimizing automobile crashes accidents and | ||||||
11 | fatalities,
domestic violence, health problems, loss of | ||||||
12 | productivity,
unemployment, and other social problems | ||||||
13 | associated with
dependency and improvident use of | ||||||
14 | alcoholic beverages
remains the policy of Illinois. | ||||||
15 | (3) To the maximum extent constitutionally feasible,
| ||||||
16 | Illinois desires to collect sufficient revenue from excise
| ||||||
17 | and use taxes on alcoholic beverages for the purpose of
| ||||||
18 | responding to such social problems. | ||||||
19 | (4) Combined with family education and individual
| ||||||
20 | discipline, retail validation of age, and assessment of | ||||||
21 | the
capacity of the consumer remains the best pre-sale | ||||||
22 | social
protection against the problems associated with the | ||||||
23 | abuse
of alcoholic liquor. | ||||||
24 | (5) Therefore, the paramount purpose of this | ||||||
25 | amendatory Act is to
continue to carefully limit direct | ||||||
26 | shipment sales of wine produced by makers of wine
and to |
| |||||||
| |||||||
1 | continue to prohibit such direct shipment sales for
| ||||||
2 | spirits and beer. | ||||||
3 | For these reasons, the Commission shall establish
a system | ||||||
4 | to notify the out-of-state trade of this prohibition
and to | ||||||
5 | detect violations. The Commission shall request
the Attorney | ||||||
6 | General to extradite any offender.
| ||||||
7 | (b) Pursuant to the
Twenty-First Amendment of the United | ||||||
8 | States Constitution allowing states to
regulate the | ||||||
9 | distribution and sale of alcoholic liquor and pursuant to the
| ||||||
10 | federal Webb-Kenyon Act declaring that alcoholic liquor | ||||||
11 | shipped in interstate
commerce must comply with state laws, | ||||||
12 | the General Assembly hereby finds and
declares that selling | ||||||
13 | alcoholic liquor from a point outside this State
through | ||||||
14 | various direct marketing means, such as catalogs,
newspapers, | ||||||
15 | mailers, and the Internet,
directly to residents of this State | ||||||
16 | poses a serious threat
to the State's efforts to prevent | ||||||
17 | youths from accessing alcoholic liquor;
to State revenue | ||||||
18 | collections; and to the economy of this State.
| ||||||
19 | Any person manufacturing, distributing, or selling
| ||||||
20 | alcoholic liquor who knowingly ships or transports or causes | ||||||
21 | the shipping or
transportation of any alcoholic liquor from a | ||||||
22 | point outside this State to a
person in this State who does not | ||||||
23 | hold a manufacturer's, distributor's,
importing distributor's, | ||||||
24 | or non-resident dealer's license issued by the Liquor
Control | ||||||
25 | Commission, other than a shipment of sacramental wine to a | ||||||
26 | bona fide
religious organization, a shipment authorized by |
| |||||||
| |||||||
1 | Section 6-29, subparagraph (17) of Section 3-12, or any other
| ||||||
2 | shipment authorized by this Act, is in violation of this Act.
| ||||||
3 | The Commission, upon determining, after investigation, | ||||||
4 | that a person
has violated this Section, shall give notice to | ||||||
5 | the person by certified mail to
cease and desist all shipments | ||||||
6 | of
alcoholic liquor into this State and to withdraw from this | ||||||
7 | State within 5
working days after receipt of the notice all | ||||||
8 | shipments of alcoholic liquor then
in transit. A person who | ||||||
9 | violates the cease and desist notice is subject to the | ||||||
10 | applicable penalties in subsection (a) of Section 10-1 of this | ||||||
11 | Act.
| ||||||
12 | (Source: P.A. 99-904, eff. 1-1-17 .)
| ||||||
13 | Section 70. The Suicide Prevention, Education, and | ||||||
14 | Treatment Act is amended by changing Section 5 as follows:
| ||||||
15 | (410 ILCS 53/5)
| ||||||
16 | Sec. 5. Legislative findings.
The General Assembly makes | ||||||
17 | the following findings:
| ||||||
18 | (1) 1,474 Illinoisans lost their lives to suicide in | ||||||
19 | 2017. During 2016, suicide was the eleventh leading cause | ||||||
20 | of death in Illinois, causing more deaths than homicide, | ||||||
21 | motor vehicle crashes accidents , accidental falls, and | ||||||
22 | numerous prevalent diseases, including liver disease, | ||||||
23 | hypertension, influenza/pneumonia, Parkinson's disease, | ||||||
24 | and HIV. Suicide was the third leading cause of death of |
| |||||||
| |||||||
1 | ages 15 to 34 and the fourth leading cause of death of ages | ||||||
2 | 35 to 54. Those living outside of urban areas are | ||||||
3 | particularly at risk for suicide, with a rate that is 50% | ||||||
4 | higher than those living in urban areas. | ||||||
5 | (2) For every person who dies by suicide, more than 30 | ||||||
6 | others attempt suicide. | ||||||
7 | (3) Each suicide attempt and death impacts countless | ||||||
8 | other individuals. Family members, friends, co-workers, | ||||||
9 | and others in the community all suffer the long-lasting | ||||||
10 | consequences of suicidal behaviors. | ||||||
11 | (4) Suicide attempts and deaths by suicide have an | ||||||
12 | economic impact on Illinois. The National Center for | ||||||
13 | Injury Prevention and Control estimates that in 2010 each | ||||||
14 | suicide death in Illinois resulted in $1,181,549 in | ||||||
15 | medical costs and work loss costs. It also estimated that | ||||||
16 | each hospitalization for self-harm resulted in $31,019 in | ||||||
17 | medical costs and work loss costs and each emergency room | ||||||
18 | visit for self-harm resulted in $4,546 in medical costs | ||||||
19 | and work loss costs. | ||||||
20 | (5) In 2004, the Illinois General Assembly passed the | ||||||
21 | Suicide Prevention, Education, and Treatment Act (Public | ||||||
22 | Act 93-907), which required the Illinois Department of | ||||||
23 | Public Health to establish the Illinois Suicide Prevention | ||||||
24 | Strategic Planning Committee to develop the Illinois | ||||||
25 | Suicide Prevention Strategic Plan. That law required the | ||||||
26 | use of the 2002 United States Surgeon General's National |
| |||||||
| |||||||
1 | Suicide Prevention Strategy as a model for the Plan. | ||||||
2 | Public Act 95-109 changed the name of the committee to the | ||||||
3 | Illinois Suicide Prevention Alliance. The Illinois Suicide | ||||||
4 | Prevention Strategic Plan was submitted in 2007 and | ||||||
5 | updated in 2018. | ||||||
6 | (6) In 2004, there were 1,028 suicide deaths in | ||||||
7 | Illinois, which the Centers for Disease Control reports | ||||||
8 | was an age-adjusted rate of 8.11 deaths per 100,000. The | ||||||
9 | Centers for Disease Control reports that the 1,474 suicide | ||||||
10 | deaths in 2017 result in an age-adjusted rate of 11.19 | ||||||
11 | deaths per 100,000. Thus, since the enactment of Public | ||||||
12 | Act 93-907, the rate of suicides in Illinois has risen by | ||||||
13 | 38%. | ||||||
14 | (7) Since the enactment of Public Act 93-907, there | ||||||
15 | have been numerous developments in suicide prevention, | ||||||
16 | including the issuance of the 2012 National Strategy for | ||||||
17 | Suicide Prevention by the United States Surgeon General | ||||||
18 | and the National Action Alliance for Suicide Prevention | ||||||
19 | containing new strategies and recommended activities for | ||||||
20 | local governmental bodies. | ||||||
21 | (8) Despite the obvious impact of suicide on Illinois | ||||||
22 | citizens, Illinois has devoted minimal resources to its | ||||||
23 | prevention. There is no full-time coordinator or director | ||||||
24 | of suicide prevention activities in the State. Moreover, | ||||||
25 | the Suicide Prevention Strategic Plan is still modeled on | ||||||
26 | the now obsolete 2002 National Suicide Prevention |
| |||||||
| |||||||
1 | Strategy. | ||||||
2 | (9) It is necessary to revise the Suicide Prevention | ||||||
3 | Strategic Plan to reflect the most current National | ||||||
4 | Suicide Prevention Strategy as well as current research | ||||||
5 | and experience into the prevention of suicide. | ||||||
6 | (10) One of the goals adopted in the 2012 National | ||||||
7 | Strategy for Suicide Prevention is to promote suicide | ||||||
8 | prevention as a core component of health care services so | ||||||
9 | there is an active engagement of health and social | ||||||
10 | services, as well as the coordination of care across | ||||||
11 | multiple settings, thereby ensuring continuity of care and | ||||||
12 | promoting patient safety. | ||||||
13 | (11) Integrating suicide prevention into behavioral | ||||||
14 | and physical health care services can save lives. National | ||||||
15 | data indicate that: over 30% of individuals are receiving | ||||||
16 | mental health care at the time of their deaths by suicide; | ||||||
17 | 45% have seen their primary care physicians within one | ||||||
18 | month of their deaths; and 25% of those who die of suicide | ||||||
19 | visited an emergency department in the year prior to their | ||||||
20 | deaths. | ||||||
21 | (12) The Zero Suicide model is a part of the National | ||||||
22 | Strategy for Suicide Prevention, a priority of the | ||||||
23 | National Action Alliance for Suicide Prevention, and a | ||||||
24 | project of the Suicide Prevention Resource Center that | ||||||
25 | implements the goal of making suicide prevention a core | ||||||
26 | component of health care services. |
| |||||||
| |||||||
1 | (13) The Zero Suicide model is built on the | ||||||
2 | foundational belief and aspirational goal that suicide | ||||||
3 | deaths of individuals who are under the care of our health | ||||||
4 | care systems are preventable with the adoption of | ||||||
5 | comprehensive training, patient engagement, transition, | ||||||
6 | and quality improvement. | ||||||
7 | (14) Health care systems, including mental and | ||||||
8 | behavioral health systems and hospitals, that have | ||||||
9 | implemented the Zero Suicide model have noted significant | ||||||
10 | reductions in suicide deaths for patients within their | ||||||
11 | care. | ||||||
12 | (15) The Suicide Prevention Resource Center | ||||||
13 | facilitates adoption of the Zero Suicide model by | ||||||
14 | providing comprehensive information, resources, and tools | ||||||
15 | for its implementation.
| ||||||
16 | (Source: P.A. 101-331, eff. 8-9-19.)
| ||||||
17 | Section 75. The Compassionate Use of Medical Cannabis | ||||||
18 | Program Act is amended by changing Section 5 as follows:
| ||||||
19 | (410 ILCS 130/5)
| ||||||
20 | Sec. 5. Findings.
| ||||||
21 | (a) The recorded use of cannabis as a medicine goes back | ||||||
22 | nearly 5,000 years. Modern medical research has confirmed the | ||||||
23 | beneficial uses of cannabis in treating or alleviating the | ||||||
24 | pain, nausea, and other symptoms associated with a variety of |
| |||||||
| |||||||
1 | debilitating medical conditions, including cancer, multiple | ||||||
2 | sclerosis, and HIV/AIDS, as found by the National Academy of | ||||||
3 | Sciences' Institute of Medicine in March 1999.
| ||||||
4 | (b) Studies published since the 1999 Institute of Medicine | ||||||
5 | report continue to show the therapeutic value of cannabis in | ||||||
6 | treating a wide array of debilitating medical conditions. | ||||||
7 | These include relief of the neuropathic pain caused by | ||||||
8 | multiple sclerosis, HIV/AIDS, and other illnesses that often | ||||||
9 | fail to respond to conventional treatments and relief of | ||||||
10 | nausea, vomiting, and other side effects of drugs used to | ||||||
11 | treat HIV/AIDS and hepatitis C, increasing the chances of | ||||||
12 | patients continuing on life-saving treatment regimens.
| ||||||
13 | (c) Cannabis has many currently accepted medical uses in | ||||||
14 | the United States, having been recommended by thousands of | ||||||
15 | licensed physicians to at least 600,000 patients in states | ||||||
16 | with medical cannabis laws. The medical utility of cannabis is | ||||||
17 | recognized by a wide range of medical and public health | ||||||
18 | organizations, including the American Academy of HIV Medicine, | ||||||
19 | the American College of Physicians, the American Nurses | ||||||
20 | Association, the American Public Health Association, the | ||||||
21 | Leukemia & Lymphoma Society, and many others.
| ||||||
22 | (d) Data from the Federal Bureau of Investigation's | ||||||
23 | Uniform Crime Reports and the Compendium of Federal Justice | ||||||
24 | Statistics show that approximately 99 out of every 100 | ||||||
25 | cannabis arrests in the U.S. are made under state law, rather | ||||||
26 | than under federal law. Consequently, changing State law will |
| |||||||
| |||||||
1 | have the practical effect of protecting from arrest the vast | ||||||
2 | majority of seriously ill patients who have a medical need to | ||||||
3 | use cannabis.
| ||||||
4 | (d-5) In 2014, the Task Force on Veterans' Suicide was | ||||||
5 | created by the Illinois General Assembly to gather data on | ||||||
6 | veterans' suicide prevention. Data from a U.S. Department of | ||||||
7 | Veterans Affairs study indicates that 22 veterans commit | ||||||
8 | suicide each day. | ||||||
9 | (d-10) According to the State of Illinois Opioid Action
| ||||||
10 | Plan released in September 2017, "The opioid epidemic is the
| ||||||
11 | most significant public health and public safety crisis facing
| ||||||
12 | Illinois".
According to the Action Plan, "Fueled by the | ||||||
13 | growing opioid
epidemic, drug overdoses have now become the | ||||||
14 | leading cause of
death nationwide for people under the age of | ||||||
15 | 50. In Illinois,
opioid overdoses have killed nearly 11,000 | ||||||
16 | people since 2008.
Just last year, nearly 1,900 people died of | ||||||
17 | overdoses—almost
twice the number of fatal car crashes | ||||||
18 | accidents . Beyond these deaths
are thousands of emergency | ||||||
19 | department visits, hospital stays,
as well as the pain | ||||||
20 | suffered by individuals, families, and
communities". | ||||||
21 | According to the Action Plan, "At the current rate, the
| ||||||
22 | opioid epidemic will claim the lives of more than 2,700
| ||||||
23 | Illinoisans in 2020". | ||||||
24 | Further, the Action Plan states, "Physical tolerance to
| ||||||
25 | opioids can begin to develop as early as two to three days
| ||||||
26 | following the continuous use of opioids, which is a large
|
| |||||||
| |||||||
1 | factor that contributes to their addictive potential". | ||||||
2 | The 2017 State of Illinois Opioid Action Plan also states,
| ||||||
3 | "The increase in OUD [opioid use disorder] and opioid overdose
| ||||||
4 | deaths is largely due to the dramatic rise in the rate and
| ||||||
5 | amount of opioids prescribed for pain over the past decades". | ||||||
6 | Further, according to the Action Plan, "In the absence of
| ||||||
7 | alternative treatments, reducing the supply of prescription | ||||||
8 | opioids too abruptly may drive more people to switch to using
| ||||||
9 | illicit drugs (including heroin), thus increasing the risk of
| ||||||
10 | overdose". | ||||||
11 | (e) Alaska, Arizona, California, Colorado, Connecticut, | ||||||
12 | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, | ||||||
13 | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, | ||||||
14 | Washington, and Washington, D.C. have removed state-level | ||||||
15 | criminal penalties from the medical use and cultivation of | ||||||
16 | cannabis. Illinois joins in this effort for the health and | ||||||
17 | welfare of its citizens.
| ||||||
18 | (f) States are not required to enforce federal law or | ||||||
19 | prosecute people for engaging in activities prohibited by | ||||||
20 | federal law. Therefore, compliance with this Act does not put | ||||||
21 | the State of Illinois in violation of federal law.
| ||||||
22 | (g) State law should make a distinction between the | ||||||
23 | medical and non-medical uses of cannabis. Hence, the purpose | ||||||
24 | of this Act is to protect patients with debilitating medical | ||||||
25 | conditions, as well as their physicians and providers, from | ||||||
26 | arrest and prosecution, criminal and other penalties, and |
| |||||||
| |||||||
1 | property forfeiture if the patients engage in the medical use | ||||||
2 | of cannabis.
| ||||||
3 | (Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18 .)
| ||||||
4 | Section 80. The Burn Injury Reporting Act is amended by | ||||||
5 | changing Section 5 as follows:
| ||||||
6 | (425 ILCS 7/5)
| ||||||
7 | Sec. 5. Burn injury reporting. | ||||||
8 | (a) Every case of a burn injury treated in a hospital as | ||||||
9 | described in this Act may be reported to the Office of the | ||||||
10 | State Fire Marshal. The hospital's administrator, manager, | ||||||
11 | superintendent, or his or her designee deciding to report | ||||||
12 | under this Act shall make an oral report of every burn injury | ||||||
13 | in a timely manner as soon as treatment permits, except as | ||||||
14 | provided in subsection (c) of this Section, that meets one of | ||||||
15 | the following criteria: | ||||||
16 | (1) a person receives a serious second-degree burn or | ||||||
17 | a third degree burn, but not a radiation burn, to 10% or | ||||||
18 | more of the person's body as a whole; | ||||||
19 | (2) a person sustains a burn to the upper respiratory | ||||||
20 | tract or occurring laryngeal edema due to the inhalation | ||||||
21 | of superheated air; | ||||||
22 | (3) a person sustains any burn injury likely to result | ||||||
23 | in death; or | ||||||
24 | (4) a person sustains any other burn injury not |
| |||||||
| |||||||
1 | excluded by subsection (c). | ||||||
2 | (b) The oral report shall consist of notification by | ||||||
3 | telephone to the Office of the State Fire Marshal using a | ||||||
4 | toll-free number established by the Office of the State Fire | ||||||
5 | Marshal for this purpose. | ||||||
6 | (c) A hospital's administrator, manager, superintendent, | ||||||
7 | or his or her designee deciding to report under this Act shall | ||||||
8 | not report any of the following burn injuries: | ||||||
9 | (1) a burn injury of an emergency medical responder, | ||||||
10 | as defined in Section 3.50 of the Emergency Medical | ||||||
11 | Services (EMS) Systems Act, sustained in the line of duty; | ||||||
12 | (2) a burn injury caused by lighting; | ||||||
13 | (3) a burn injury caused by a motor vehicle crash | ||||||
14 | accident ; or | ||||||
15 | (4) a burn injury caused by an identifiable industrial | ||||||
16 | accident or work-related accident.
| ||||||
17 | (Source: P.A. 98-973, eff. 8-15-14.)
| ||||||
18 | Section 85. The Illinois Public Health and Safety Animal | ||||||
19 | Population Control Act is amended by changing Section 5 as | ||||||
20 | follows:
| ||||||
21 | (510 ILCS 92/5)
| ||||||
22 | Sec. 5. Findings. The General Assembly finds the | ||||||
23 | following:
| ||||||
24 | (1) Controlling the dog and cat population would have |
| |||||||
| |||||||
1 | a significant benefit to the public health and safety by | ||||||
2 | aiding in the prevention of dog attacks, reducing the | ||||||
3 | number of dog and cat bite cases involving children, and | ||||||
4 | decreasing the number of automobile crashes accidents | ||||||
5 | caused by stray dogs and cats.
| ||||||
6 | (2) Increasing the number of rabies-vaccinated, owned | ||||||
7 | pets in low-income areas will reduce potential threats to | ||||||
8 | public health and safety from rabies.
| ||||||
9 | (3) Controlling the dog and cat population will save | ||||||
10 | taxpayer dollars by reducing the number of dogs and cats | ||||||
11 | handled by county and municipal animal control agencies. | ||||||
12 | Targeted low-cost spay or neuter programs for dogs and | ||||||
13 | cats in select Illinois counties and other states have | ||||||
14 | proven to save taxpayers money. | ||||||
15 | (4) This Act is established to provide a variety of | ||||||
16 | means by which population control and rabies vaccinations | ||||||
17 | may be financed.
| ||||||
18 | (Source: P.A. 94-639, eff. 8-22-05.)
| ||||||
19 | Section 90. The Illinois Highway Code is amended by | ||||||
20 | changing Section 1-102 as follows:
| ||||||
21 | (605 ILCS 5/1-102) (from Ch. 121, par. 1-102)
| ||||||
22 | Sec. 1-102.
It is the intent and declared policy of the | ||||||
23 | legislature
that an integrated system of highways and streets | ||||||
24 | is essential to the
general welfare and to the agricultural, |
| |||||||
| |||||||
1 | industrial, recreational, and
social development of the State. | ||||||
2 | In view of the rapid growth of the
State's economy and | ||||||
3 | increased use of public highways, the provision of
safe and | ||||||
4 | efficient highway transportation is a matter of public | ||||||
5 | concern.
It is the declared and continuous policy of the | ||||||
6 | legislature to provide
for improvement of highways and the | ||||||
7 | highway transportation system as
well as the preservation of | ||||||
8 | investment in highways. To that end it is
intended to provide | ||||||
9 | for integrated and systematic planning and orderly
development | ||||||
10 | in accordance with actual needs. It is further declared that
| ||||||
11 | the provision of such a system with efficient management, | ||||||
12 | operation, and
control, and the elimination of congestion, | ||||||
13 | crash accident reduction, and
safety is an urgent problem and | ||||||
14 | proper objective of highway legislation.
It is further | ||||||
15 | declared that highway transportation system development
| ||||||
16 | requires the cooperation of State, county, township, and | ||||||
17 | municipal
highway agencies and coordination of their | ||||||
18 | activities on a continuous
and partnership basis and the | ||||||
19 | legislature intends such cooperative
relationships to | ||||||
20 | accomplish this purpose.
| ||||||
21 | It is also the intent and declared policy of the | ||||||
22 | legislature that no
public moneys derived from fees, excises | ||||||
23 | or license taxes relating to
registration, operation and use | ||||||
24 | of vehicles on public highways or to
fuels used for the | ||||||
25 | propulsion of such vehicles, shall be appropriated or
expended | ||||||
26 | other than for costs of administering the laws imposing such
|
| |||||||
| |||||||
1 | fees, excises and license taxes, statutory refunds and | ||||||
2 | adjustments
allowed thereunder, highway administrative costs, | ||||||
3 | payment of debts and
liabilities incurred in construction and | ||||||
4 | reconstruction of public
highways and bridges, acquisition of | ||||||
5 | rights-of-way for, and the cost of
construction, | ||||||
6 | reconstruction, maintenance, repair and operation of
public | ||||||
7 | highways and bridges under the direction and supervision of | ||||||
8 | the
State, political subdivision or municipality collecting | ||||||
9 | such moneys, and
the costs for patrolling and policing the | ||||||
10 | public highways (by State, political
subdivision or | ||||||
11 | municipality collecting such money) for enforcement of traffic
| ||||||
12 | laws. The separation of grades of such highways with railroads | ||||||
13 | and costs
associated with protection of at-grade highway and | ||||||
14 | railroad crossings shall
also be permissible.
| ||||||
15 | (Source: P.A. 81-2nd S.S.-3.)
| ||||||
16 | Section 95. The Toll Highway Act is amended by changing | ||||||
17 | Section 19.1 as follows:
| ||||||
18 | (605 ILCS 10/19.1) | ||||||
19 | Sec. 19.1. Confidentiality of personally identifiable | ||||||
20 | information obtained through electronic toll collection | ||||||
21 | system. | ||||||
22 | (a) For purposes of this Section: | ||||||
23 | "Electronic toll collection system" is a system where a | ||||||
24 | transponder, camera-based vehicle identification system, or |
| |||||||
| |||||||
1 | other electronic medium is used to deduct payment of a toll | ||||||
2 | from a subscriber's account or to establish an obligation to | ||||||
3 | pay a toll. | ||||||
4 | "Electronic toll collection system user" means any natural | ||||||
5 | person who subscribes to an electronic toll collection system | ||||||
6 | or any natural person who uses a tolled transportation | ||||||
7 | facility that employs the Authority's electronic toll | ||||||
8 | collection system. | ||||||
9 | "Personally identifiable information" means any | ||||||
10 | information that identifies or describes an electronic toll | ||||||
11 | collection system user, including but not limited to travel | ||||||
12 | pattern data, address, telephone number, e-mail address, | ||||||
13 | license plate number, photograph, bank account information, or | ||||||
14 | credit card number. | ||||||
15 | (b) Except as otherwise provided in this Section, the | ||||||
16 | Authority may not sell or otherwise provide to any person or | ||||||
17 | entity personally identifiable information of any electronic | ||||||
18 | toll collection system user that the Authority obtains through | ||||||
19 | the operation of its electronic toll collection system. | ||||||
20 | (c) The Authority may, within practical business and cost | ||||||
21 | constraints, store personally identifiable information of an | ||||||
22 | electronic toll collection system user only if the information | ||||||
23 | is required to perform account functions such as billing, | ||||||
24 | account settlement, or toll violation enforcement activities. | ||||||
25 | (d) By no later than December 31, 2011, the Authority | ||||||
26 | shall establish a privacy policy regarding the collection and |
| |||||||
| |||||||
1 | use of personally identifiable information. Upon its adoption, | ||||||
2 | the policy shall be posted on the Authority's website and a | ||||||
3 | copy shall be included with each transponder transmitted to a | ||||||
4 | user. The policy shall include but need not be limited to the | ||||||
5 | following: | ||||||
6 | (1) A description of the types of personally | ||||||
7 | identifiable information collected by the Authority. | ||||||
8 | (2) The categories of third-party persons or entities | ||||||
9 | with whom the Authority may share personally identifiable | ||||||
10 | information and for what purposes that information is | ||||||
11 | shared. | ||||||
12 | (3) The process by which the Authority notifies | ||||||
13 | electronic toll collection system users of material | ||||||
14 | changes to its privacy policy. | ||||||
15 | (4) The process by which an electronic toll collection | ||||||
16 | system user may review and request changes to any of his or | ||||||
17 | her personally identifiable information. | ||||||
18 | (5) The effective date of the privacy policy. | ||||||
19 | (e) This Section does not prohibit the Authority from: | ||||||
20 | (1) providing aggregated traveler information derived | ||||||
21 | from collective data relating to a group or category of | ||||||
22 | electronic toll collection system users from which | ||||||
23 | personally identifiable information has been removed; | ||||||
24 | (2) sharing data with another transportation agency or | ||||||
25 | third-party vendor to comply with interoperability | ||||||
26 | specifications and standards regarding electronic toll |
| |||||||
| |||||||
1 | collection devices and technologies, provided that the | ||||||
2 | other transportation agency or third-party vendor may not | ||||||
3 | use personally identifiable information obtained under | ||||||
4 | this Section for a purpose other than described in this | ||||||
5 | Section; | ||||||
6 | (3) performing financial, legal and accounting | ||||||
7 | functions such as billing, account settlement, toll | ||||||
8 | violation enforcement, or other activities required to | ||||||
9 | operate and manage its toll collection system; | ||||||
10 | (4) communicating about products and services offered | ||||||
11 | by itself, a business partner, or another public agency; | ||||||
12 | (5) using personally identifiable information in | ||||||
13 | research projects, provided that appropriate | ||||||
14 | confidentiality restrictions are employed to protect | ||||||
15 | against the unauthorized release of such information; | ||||||
16 | (6) releasing personally identifiable information in | ||||||
17 | response to a warrant, subpoena or lawful order from a | ||||||
18 | court of competent jurisdiction; | ||||||
19 | (7) releasing personally identifiable information to | ||||||
20 | law enforcement agencies in the case of an emergency when | ||||||
21 | obtaining a warrant or subpoena would be impractical; and | ||||||
22 | (8) releasing personally identifiable information to | ||||||
23 | the Authority's Inspector General or, at the Inspector | ||||||
24 | General's direction, to law enforcement agencies under | ||||||
25 | paragraphs (5) and (6) of subsection (f) of Section 8.5 of | ||||||
26 | this Act. |
| |||||||
| |||||||
1 | (f) In any agreement allowing another public entity to use | ||||||
2 | the Authority's toll collection system in a transportation | ||||||
3 | facility, the Authority shall require the other public entity | ||||||
4 | to comply with the requirements of this Section. | ||||||
5 | (g) Personally identifiable information generated through | ||||||
6 | the
Authority's toll collection process that reveals the date, | ||||||
7 | time, location or
direction of travel by an electronic toll | ||||||
8 | collection system user shall be
exempt from release under the | ||||||
9 | Illinois Freedom of Information Act. The
exemption in this | ||||||
10 | subsection shall not apply to information that concerns (i)
| ||||||
11 | the public duties of public employees and officials; (ii) | ||||||
12 | whether an electronic toll
collection system user has paid | ||||||
13 | tolls; (iii) whether the Authority is
enforcing toll violation | ||||||
14 | penalties against electronic toll collection users
who do not | ||||||
15 | pay tolls; (iv) crashes accidents or other incidents that | ||||||
16 | occur on highways under the jurisdiction of the
Authority; or | ||||||
17 | (v) the obligation, receipt, and use of the funds of the | ||||||
18 | Authority. The exemption in this subsection (g) shall not be a | ||||||
19 | limitation or restriction on other Freedom of Information Act | ||||||
20 | exemptions applicable to personally identifiable information | ||||||
21 | or private information.
| ||||||
22 | (Source: P.A. 97-342, eff. 8-12-11.)
| ||||||
23 | Section 100. The Roadside Memorial Act is amended by | ||||||
24 | changing Section 23.1 as follows:
|
| |||||||
| |||||||
1 | (605 ILCS 125/23.1) | ||||||
2 | Sec. 23.1. Fatal crash accident memorial marker program. | ||||||
3 | (a) The fatal crash accident memorial marker program is | ||||||
4 | intended to raise public awareness of traffic fatalities | ||||||
5 | caused by reckless driving or other means by emphasizing the | ||||||
6 | dangers while affording families an opportunity to remember | ||||||
7 | the victims of traffic crashes. | ||||||
8 | (b) As used in this Section, "fatal crash accident | ||||||
9 | memorial marker" means a marker on a highway in this State | ||||||
10 | commemorating one or more persons who died as a proximate | ||||||
11 | result of a crash caused by a driver who committed an act of | ||||||
12 | reckless homicide in violation of Section 9-3 or 9-3.2 of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012 or who | ||||||
14 | otherwise caused the death of one or more persons through the | ||||||
15 | operation of a motor vehicle. | ||||||
16 | (c) For purposes of the fatal crash accident memorial | ||||||
17 | marker program in this Section, the provisions of Section 15 | ||||||
18 | of this Act applicable to DUI memorial markers shall apply the | ||||||
19 | same to fatal crash accident memorial markers. | ||||||
20 | (d) A fatal crash accident memorial marker shall consist | ||||||
21 | of a white on blue panel bearing the message "Reckless Driving | ||||||
22 | Costs Lives" if the victim or victims died as a proximate | ||||||
23 | result of a crash caused by a driver who committed an act of | ||||||
24 | reckless homicide in violation of Section 9-3 or 9-3.2 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012. Otherwise, | ||||||
26 | a fatal crash accident memorial marker shall consist of a |
| |||||||
| |||||||
1 | white on blue panel bearing the message "Drive With Care". At | ||||||
2 | the request of the qualified relative, a separate panel | ||||||
3 | bearing the words "In Memory of (victim's name)", followed by | ||||||
4 | the date of the crash that was the proximate cause of the loss | ||||||
5 | of the victim's life, shall be mounted below the primary | ||||||
6 | panel. | ||||||
7 | (e) A fatal crash accident memorial marker may memorialize | ||||||
8 | more than one victim who died as a result of the same crash. If | ||||||
9 | one or more additional deaths subsequently occur in close | ||||||
10 | proximity to an existing fatal crash accident memorial marker, | ||||||
11 | the supporting jurisdiction may use the same marker to | ||||||
12 | memorialize the subsequent death or deaths, by adding the | ||||||
13 | names of the additional persons. | ||||||
14 | (f) A fatal crash accident memorial marker shall be | ||||||
15 | maintained for at least 2 years from the date the last person | ||||||
16 | was memorialized on the marker. | ||||||
17 | (g) The supporting jurisdiction has the right to install a | ||||||
18 | marker at a location other than the location of the crash or to | ||||||
19 | relocate a marker due to restricted room, property owner | ||||||
20 | complaints, interference with essential traffic control | ||||||
21 | devices, safety concerns, or other restrictions. In these | ||||||
22 | cases, the sponsoring jurisdiction may select an alternate | ||||||
23 | location. | ||||||
24 | (h) The Department shall secure the consent of any | ||||||
25 | municipality before placing a fatal crash accident memorial | ||||||
26 | marker within the corporate limits of the municipality. |
| |||||||
| |||||||
1 | (i) A fee in an amount to be determined by the supporting | ||||||
2 | jurisdiction shall be charged to the qualified relative. The | ||||||
3 | fee shall not exceed the costs associated with the | ||||||
4 | fabrication, installation, and maintenance of the fatal crash | ||||||
5 | accident memorial marker. | ||||||
6 | (j) The provisions of this Section shall apply to any | ||||||
7 | fatal crash accident marker constructed on or after January 1, | ||||||
8 | 2013.
| ||||||
9 | (Source: P.A. 102-60, eff. 7-9-21.)
| ||||||
10 | Section 105. The Illinois Vehicle Code is amended by | ||||||
11 | changing Sections 1-146.5, 1-159.2, 1-164.5, 1-187.001, | ||||||
12 | 1-197.6, 2-118.1, 2-123, 4-203, 5-101, 5-101.1, 5-102, | ||||||
13 | 5-102.8, 6-101, 6-106.1, 6-106.1a, 6-106.2, 6-106.3, 6-106.4, | ||||||
14 | 6-107, 6-107.5, 6-108.1, 6-113, 6-117, 6-117.2, 6-201, 6-205, | ||||||
15 | 6-206, 6-208.1, 6-303, 6-402, 6-420, 6-500, 6-500.2, 6-514, | ||||||
16 | 6-516, 6-703, 6-1002, 6-1004, 6-1009, 7-201, 7-201.1, 7-201.2, | ||||||
17 | 7-202, 7-203, 7-204, 7-208, 7-209, 7-211, 7-212, 7-214, 7-216, | ||||||
18 | 7-303, 7-309, 7-310, 7-311, 7-316, 7-317, 7-328, 7-329, 7-502, | ||||||
19 | 7-504, 7-604, 9-105, 10-201, 11-208.6, 11-208.9, 11-401, | ||||||
20 | 11-402, 11-403, 11-404, 11-407, 11-408, 11-409, 11-411, | ||||||
21 | 11-412, 11-413, 11-414, 11-415, 11-416, 11-417, 11-501, | ||||||
22 | 11-501.1, 11-501.2, 11-501.4-1, 11-501.6, 11-501.7, 11-501.8, | ||||||
23 | 11-506, 11-610, 11-1431, 12-215, 12-604.1, 12-610.1, 12-610.2, | ||||||
24 | 12-707.01, 13-109, 13-111, 15-301, 16-108, 18a-301, 18b-105, | ||||||
25 | 18b-108, 18c-6502, 18c-7402, and 20-202 and the headings of |
| |||||||
| |||||||
1 | Article II of Chapter 7 and Article IV of Chapter 11 and by | ||||||
2 | adding Section 20-205 as follows:
| ||||||
3 | (625 ILCS 5/1-146.5) | ||||||
4 | Sec. 1-146.5. Motor vehicle crash accident data. Any | ||||||
5 | information generated from a motor vehicle crash accident | ||||||
6 | report or supplemental report, but shall not include a copy of | ||||||
7 | the motor vehicle crash accident report or supplemental | ||||||
8 | report, personally identifying information as defined in | ||||||
9 | Section 1-159.2 of this Code, or any other information | ||||||
10 | disclosure of which is prohibited by law.
| ||||||
11 | (Source: P.A. 100-96, eff. 1-1-18 .)
| ||||||
12 | (625 ILCS 5/1-159.2)
| ||||||
13 | Sec. 1-159.2. Personally identifying information. | ||||||
14 | Information that
identifies an individual, including his or | ||||||
15 | her driver's license number, name, address (but not the 5 | ||||||
16 | digit zip
code), date of birth, height, weight, hair color, | ||||||
17 | eye color, email address, and
telephone number, but
| ||||||
18 | "personally
identifying information" does not include | ||||||
19 | information on vehicular crashes accidents ,
driving | ||||||
20 | violations, and driver's status.
| ||||||
21 | (Source: P.A. 101-326, eff. 8-9-19.)
| ||||||
22 | (625 ILCS 5/1-164.5)
| ||||||
23 | Sec. 1-164.5. Proof of financial responsibility. Proof of |
| |||||||
| |||||||
1 | ability to
respond in damages for any liability thereafter | ||||||
2 | incurred resulting from the
ownership, maintenance, use or | ||||||
3 | operation of a motor vehicle for bodily injury
to or death of | ||||||
4 | any person in the amount of $25,000, and subject to this limit
| ||||||
5 | for any one person injured or killed, in the amount of $50,000 | ||||||
6 | for bodily
injury to or death of 2 or more persons in any one | ||||||
7 | crash accident , and for damage to
property in the amount of | ||||||
8 | $20,000 resulting from any one crash accident . This proof
in | ||||||
9 | these amounts shall be furnished for each motor vehicle | ||||||
10 | registered by every
person required to furnish this proof. The | ||||||
11 | changes to this Section made by this amendatory Act of the 98th | ||||||
12 | General Assembly apply only to policies issued or renewed on | ||||||
13 | or after January 1, 2015.
| ||||||
14 | (Source: P.A. 98-519, eff. 1-1-15 .)
| ||||||
15 | (625 ILCS 5/1-187.001)
| ||||||
16 | Sec. 1-187.001. Serious traffic violation.
| ||||||
17 | (a) A conviction when operating a motor vehicle for:
| ||||||
18 | (1) a violation of subsection (a) of Section 11-402, | ||||||
19 | relating to a motor
vehicle
crash accident involving | ||||||
20 | damage to a vehicle;
| ||||||
21 | (2) a violation of Section 11-403, relating to failure | ||||||
22 | to stop and
exchange information after a motor vehicle | ||||||
23 | collision, property damage only;
| ||||||
24 | (3) a violation of subsection (a) of Section 11-502, | ||||||
25 | relating to illegal
transportation, possession, or |
| |||||||
| |||||||
1 | carrying of alcoholic liquor within the
passenger area of | ||||||
2 | any vehicle;
| ||||||
3 | (4) a violation of Section 6-101 relating to operating | ||||||
4 | a motor vehicle
without a
valid license or permit;
| ||||||
5 | (5) a violation of Section 11-403, relating to failure | ||||||
6 | to stop and
exchange information or give aid after a motor | ||||||
7 | vehicle collision involving
personal injury or death;
| ||||||
8 | (6) a violation relating to excessive speeding, | ||||||
9 | involving a single
speeding charge of 26 miles per hour or | ||||||
10 | more above the legal speed limit;
| ||||||
11 | (7) a violation relating to reckless driving;
| ||||||
12 | (8) a violation of subsection (d) of Section 11-707, | ||||||
13 | relating to passing
in a no-passing zone;
| ||||||
14 | (9) a violation of subsection (b) of Section 11-1402, | ||||||
15 | relating to
limitations on backing
upon a controlled | ||||||
16 | access highway;
| ||||||
17 | (10) a violation of subsection (b) of Section 11-707, | ||||||
18 | relating to driving
on the left
side of a roadway in a | ||||||
19 | no-passing zone;
| ||||||
20 | (11) a violation of subsection (e) of Section 11-1002, | ||||||
21 | relating to failure
to yield
the right-of-way to a | ||||||
22 | pedestrian at an intersection;
| ||||||
23 | (12) a violation of Section 11-1008, relating to | ||||||
24 | failure to yield to a
pedestrian on a sidewalk; or
| ||||||
25 | (13) a violation of Section 11-1201, relating to | ||||||
26 | failure to stop for an
approaching railroad train or |
| |||||||
| |||||||
1 | railroad track equipment or signals; or
| ||||||
2 | (b) Any other similar violation of a law or local | ||||||
3 | ordinance of any state
relating to motor vehicle traffic | ||||||
4 | control, other than a parking violation.
| ||||||
5 | (c) A violation of any of these defined serious traffic | ||||||
6 | offenses shall
not preclude the defendant from being eligible | ||||||
7 | to receive an order of court
supervision under Section 5-6-1 | ||||||
8 | of the Unified Code of Corrections.
| ||||||
9 | (Source: P.A. 98-511, eff. 1-1-14.)
| ||||||
10 | (625 ILCS 5/1-197.6) | ||||||
11 | Sec. 1-197.6. Statutory summary revocation of driving | ||||||
12 | privileges. The revocation by the Secretary of State of a | ||||||
13 | person's license or privilege to operate a motor vehicle on | ||||||
14 | the public highways for the period provided in Section | ||||||
15 | 6-208.1. Reinstatement after the revocation period shall occur | ||||||
16 | after the person has been approved for reinstatement through | ||||||
17 | an administrative hearing with the Secretary of State, has | ||||||
18 | filed proof of financial responsibility, has paid the | ||||||
19 | reinstatement fee as provided in Section 6-118, and has | ||||||
20 | successfully completed all necessary examinations. The basis | ||||||
21 | for this revocation of driving privileges shall be the | ||||||
22 | individual's refusal to submit to or failure to complete a | ||||||
23 | chemical test or tests following an arrest for the offense of | ||||||
24 | driving under the influence of alcohol, other drugs, or | ||||||
25 | intoxicating compounds, or any combination thereof involving a |
| |||||||
| |||||||
1 | motor vehicle crash accident that caused personal injury or | ||||||
2 | death to another, as provided in Section 11-501.1 of this | ||||||
3 | Code.
| ||||||
4 | (Source: P.A. 96-1344, eff. 7-1-11 .)
| ||||||
5 | (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
| ||||||
6 | Sec. 2-118.1. Opportunity for hearing; statutory summary | ||||||
7 | alcohol
or other drug related suspension or revocation | ||||||
8 | pursuant to Section 11-501.1. | ||||||
9 | (a) A statutory summary suspension or revocation of | ||||||
10 | driving privileges under Section
11-501.1 shall not become | ||||||
11 | effective until the person is notified in writing of
the | ||||||
12 | impending suspension or revocation and informed that he may | ||||||
13 | request a hearing in the
circuit court of venue under | ||||||
14 | paragraph (b) of this Section and the statutory
summary | ||||||
15 | suspension or revocation shall become effective as provided in | ||||||
16 | Section 11-501.1. | ||||||
17 | (b) Within 90 days after the notice of statutory summary
| ||||||
18 | suspension or revocation served under Section
11-501.1, the | ||||||
19 | person may make a written request for a judicial hearing in
the | ||||||
20 | circuit court of venue. The request to the circuit court shall | ||||||
21 | state
the grounds upon which the person seeks to have the | ||||||
22 | statutory summary
suspension or revocation rescinded. Within | ||||||
23 | 30 days after receipt of the written request
or the first | ||||||
24 | appearance date on the Uniform Traffic Ticket issued pursuant
| ||||||
25 | to a violation of Section 11-501, or a similar provision of a |
| |||||||
| |||||||
1 | local
ordinance, the hearing shall be conducted by the circuit | ||||||
2 | court having
jurisdiction. This judicial hearing, request, or | ||||||
3 | process shall not stay or
delay the statutory summary | ||||||
4 | suspension or revocation. The hearings shall proceed in the
| ||||||
5 | court in the same manner as in other civil proceedings. | ||||||
6 | The hearing may be conducted upon a review of the law | ||||||
7 | enforcement
officer's own official reports; provided however, | ||||||
8 | that the person may
subpoena the officer. Failure of the | ||||||
9 | officer to answer the subpoena shall
be considered grounds for | ||||||
10 | a continuance if in the court's discretion the
continuance is | ||||||
11 | appropriate. | ||||||
12 | The scope of the hearing shall be limited to the issues of: | ||||||
13 | 1. Whether the person was placed under arrest for an | ||||||
14 | offense as defined
in Section 11-501, or a similar | ||||||
15 | provision of a local ordinance, as evidenced
by the | ||||||
16 | issuance of a Uniform Traffic Ticket, or issued a Uniform | ||||||
17 | Traffic
Ticket out of state as provided in subsection (a) | ||||||
18 | of Section 11-501.1; and | ||||||
19 | 2. Whether the officer had reasonable grounds to | ||||||
20 | believe that
the person was driving or in actual physical | ||||||
21 | control of a motor vehicle
upon a highway while under the | ||||||
22 | influence of alcohol, other drug, or
combination of both; | ||||||
23 | and | ||||||
24 | 3. Whether the person, after being advised by the | ||||||
25 | officer
that the privilege to operate a motor vehicle | ||||||
26 | would be suspended or revoked if the
person refused to |
| |||||||
| |||||||
1 | submit to and complete the test or tests, did refuse to
| ||||||
2 | submit to or complete the test or tests to determine the | ||||||
3 | person's blood alcohol or drug concentration; or | ||||||
4 | 4. Whether the person, after being advised by the | ||||||
5 | officer that
the privilege to operate a motor vehicle | ||||||
6 | would be suspended if the person
submits to a chemical | ||||||
7 | test, or tests, and the test discloses an alcohol
| ||||||
8 | concentration of 0.08 or more, a tetrahydrocannabinol | ||||||
9 | concentration as defined in paragraph 6 of subsection (a) | ||||||
10 | of Section 11-501.2 of this Code, or any amount of a drug, | ||||||
11 | substance,
or compound in the person's blood, other bodily | ||||||
12 | substance, or urine resulting from the unlawful use or
| ||||||
13 | consumption of a controlled
substance listed in the | ||||||
14 | Illinois Controlled Substances Act, an intoxicating
| ||||||
15 | compound as listed in the Use of Intoxicating Compounds | ||||||
16 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
17 | Control and Community Protection Act, and the person
did | ||||||
18 | submit to and complete the test or tests that determined | ||||||
19 | an alcohol
concentration of 0.08 or more. | ||||||
20 | 4.2. (Blank). | ||||||
21 | 4.5. (Blank). | ||||||
22 | 5. If the person's driving privileges were revoked, | ||||||
23 | whether the person was involved in a motor vehicle crash | ||||||
24 | accident that caused Type A injury or death to another. | ||||||
25 | Upon the conclusion of the judicial hearing, the circuit | ||||||
26 | court shall
sustain or rescind the statutory summary |
| |||||||
| |||||||
1 | suspension or revocation and immediately notify
the Secretary | ||||||
2 | of State. Reports received by the Secretary of State under
| ||||||
3 | this Section shall be privileged information and for use only | ||||||
4 | by the
courts, police officers, and Secretary of State. | ||||||
5 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | ||||||
6 | 99-697, eff. 7-29-16.)
| ||||||
7 | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
| ||||||
8 | Sec. 2-123. Sale and distribution of information.
| ||||||
9 | (a) Except as otherwise provided in this Section, the | ||||||
10 | Secretary may make the
driver's license, vehicle and title | ||||||
11 | registration lists, in part or in whole,
and any statistical | ||||||
12 | information derived from these lists available to local
| ||||||
13 | governments, elected state officials, state educational | ||||||
14 | institutions, and all
other governmental units of the State | ||||||
15 | and Federal
Government
requesting them for governmental | ||||||
16 | purposes. The Secretary shall require any such
applicant for | ||||||
17 | services to pay for the costs of furnishing such services and | ||||||
18 | the
use of the equipment involved, and in addition is | ||||||
19 | empowered to establish prices
and charges for the services so | ||||||
20 | furnished and for the use of the electronic
equipment | ||||||
21 | utilized.
| ||||||
22 | (b) The Secretary is further empowered to and he may, in | ||||||
23 | his discretion,
furnish to any applicant, other than listed in | ||||||
24 | subsection (a) of this Section,
vehicle or driver data on a | ||||||
25 | computer tape, disk, other electronic format or
computer |
| |||||||
| |||||||
1 | processable medium, or printout at a fixed fee of
$250 for | ||||||
2 | orders received before October 1, 2003 and $500 for orders | ||||||
3 | received
on or after October 1, 2003, in advance, and require | ||||||
4 | in addition a
further sufficient
deposit based upon the | ||||||
5 | Secretary of State's estimate of the total cost of the
| ||||||
6 | information requested and a charge of $25 for orders received | ||||||
7 | before October
1, 2003 and $50 for orders received on or after | ||||||
8 | October 1, 2003, per 1,000
units or part
thereof identified or | ||||||
9 | the actual cost, whichever is greater. The Secretary is
| ||||||
10 | authorized to refund any difference between the additional | ||||||
11 | deposit and the
actual cost of the request. This service shall | ||||||
12 | not be in lieu of an abstract
of a driver's record nor of a | ||||||
13 | title or registration search. This service may
be limited to | ||||||
14 | entities purchasing a minimum number of records as required by
| ||||||
15 | administrative rule. The information
sold pursuant to this | ||||||
16 | subsection shall be the entire vehicle or driver data
list, or | ||||||
17 | part thereof. The information sold pursuant to this subsection
| ||||||
18 | shall not contain personally identifying information unless | ||||||
19 | the information is
to be used for one of the purposes | ||||||
20 | identified in subsection (f-5) of this
Section. Commercial | ||||||
21 | purchasers of driver and vehicle record databases shall
enter | ||||||
22 | into a written agreement with the Secretary of State that | ||||||
23 | includes
disclosure of the commercial use of the information | ||||||
24 | to be purchased. | ||||||
25 | (b-1) The Secretary is further empowered to and may, in | ||||||
26 | his or her discretion, furnish vehicle or driver data on a |
| |||||||
| |||||||
1 | computer tape, disk, or other electronic format or computer | ||||||
2 | processible medium, at no fee, to any State or local | ||||||
3 | governmental agency that uses the information provided by the | ||||||
4 | Secretary to transmit data back to the Secretary that enables | ||||||
5 | the Secretary to maintain accurate driving records, including | ||||||
6 | dispositions of traffic cases. This information may be | ||||||
7 | provided without fee not more often than once every 6 months.
| ||||||
8 | (c) Secretary of State may issue registration lists. The | ||||||
9 | Secretary
of State may compile a list of all registered
| ||||||
10 | vehicles. Each list of registered vehicles shall be arranged | ||||||
11 | serially
according to the registration numbers assigned to | ||||||
12 | registered vehicles and
may contain in addition the names and | ||||||
13 | addresses of registered owners and
a brief description of each | ||||||
14 | vehicle including the serial or other
identifying number | ||||||
15 | thereof. Such compilation may be in such form as in the
| ||||||
16 | discretion of the Secretary of State may seem best for the | ||||||
17 | purposes intended.
| ||||||
18 | (d) The Secretary of State shall furnish no more than 2 | ||||||
19 | current available
lists of such registrations to the sheriffs | ||||||
20 | of all counties and to the chiefs
of police of all cities and | ||||||
21 | villages and towns of 2,000 population and over
in this State | ||||||
22 | at no cost. Additional copies may be purchased by the sheriffs
| ||||||
23 | or chiefs of police at the fee
of $500 each or at the cost of | ||||||
24 | producing the list as determined
by the Secretary of State. | ||||||
25 | Such lists are to be used for governmental
purposes only.
| ||||||
26 | (e) (Blank).
|
| |||||||
| |||||||
1 | (e-1) (Blank).
| ||||||
2 | (f) The Secretary of State shall make a title or | ||||||
3 | registration search of the
records of his office and a written | ||||||
4 | report on the same for any person, upon
written application of | ||||||
5 | such person, accompanied by a fee of $5 for
each registration | ||||||
6 | or title search. The written application shall set forth
the | ||||||
7 | intended use of the requested information. No fee shall be | ||||||
8 | charged for a
title or
registration search, or for the | ||||||
9 | certification thereof requested by a government
agency. The | ||||||
10 | report of the title or registration search shall not contain
| ||||||
11 | personally identifying information unless the request for a | ||||||
12 | search was made for
one of the purposes identified in | ||||||
13 | subsection (f-5) of this Section. The report of the title or | ||||||
14 | registration search shall not contain highly
restricted | ||||||
15 | personal
information unless specifically authorized by this | ||||||
16 | Code.
| ||||||
17 | The Secretary of State shall certify a title or | ||||||
18 | registration record upon
written request. The fee for | ||||||
19 | certification shall be $5 in addition
to the fee required for a | ||||||
20 | title or registration search. Certification shall
be made | ||||||
21 | under the signature of the Secretary of State and shall be
| ||||||
22 | authenticated by Seal of the Secretary of State.
| ||||||
23 | The Secretary of State may notify the vehicle owner or | ||||||
24 | registrant of
the request for purchase of his title or | ||||||
25 | registration information as the
Secretary deems appropriate.
| ||||||
26 | No information shall be released to the requester until |
| |||||||
| |||||||
1 | expiration of a 10-day
period. This 10-day period shall not | ||||||
2 | apply to requests for
information made by law enforcement | ||||||
3 | officials, government agencies,
financial institutions, | ||||||
4 | attorneys, insurers, employers, automobile
associated | ||||||
5 | businesses, persons licensed as a private detective or firms
| ||||||
6 | licensed as a private detective agency under the Private | ||||||
7 | Detective, Private
Alarm, Private Security, Fingerprint | ||||||
8 | Vendor, and Locksmith Act of 2004, who are employed by or are
| ||||||
9 | acting on
behalf of law enforcement officials, government | ||||||
10 | agencies, financial
institutions, attorneys, insurers, | ||||||
11 | employers, automobile associated businesses,
and other | ||||||
12 | business entities for purposes consistent with the Illinois | ||||||
13 | Vehicle
Code, the vehicle owner or registrant or other | ||||||
14 | entities as the Secretary may
exempt by rule and regulation.
| ||||||
15 | Any misrepresentation made by a requester of title or | ||||||
16 | vehicle information
shall be punishable as a petty offense, | ||||||
17 | except in the case of persons
licensed as a private detective | ||||||
18 | or firms licensed as a private detective agency
which shall be | ||||||
19 | subject to disciplinary sanctions under Section 40-10 of the
| ||||||
20 | Private Detective, Private Alarm, Private Security, | ||||||
21 | Fingerprint Vendor, and Locksmith Act of 2004.
| ||||||
22 | (f-5) The Secretary of State shall not disclose or | ||||||
23 | otherwise make
available to
any person or entity any | ||||||
24 | personally identifying information obtained by the
Secretary
| ||||||
25 | of State in connection with a driver's license, vehicle, or | ||||||
26 | title registration
record
unless the information is disclosed |
| |||||||
| |||||||
1 | for one of the following purposes:
| ||||||
2 | (1) For use by any government agency, including any | ||||||
3 | court or law
enforcement agency, in carrying out its | ||||||
4 | functions, or any private person or
entity acting on | ||||||
5 | behalf of a federal, State, or local agency in carrying | ||||||
6 | out
its
functions.
| ||||||
7 | (2) For use in connection with matters of motor | ||||||
8 | vehicle or driver safety
and theft; motor vehicle | ||||||
9 | emissions; motor vehicle product alterations, recalls,
or | ||||||
10 | advisories; performance monitoring of motor vehicles, | ||||||
11 | motor vehicle parts,
and dealers; and removal of non-owner | ||||||
12 | records from the original owner
records of motor vehicle | ||||||
13 | manufacturers.
| ||||||
14 | (3) For use in the normal course of business by a | ||||||
15 | legitimate business or
its agents, employees, or | ||||||
16 | contractors, but only:
| ||||||
17 | (A) to verify the accuracy of personal information | ||||||
18 | submitted by
an individual to the business or its | ||||||
19 | agents, employees, or contractors;
and
| ||||||
20 | (B) if such information as so submitted is not | ||||||
21 | correct or is no
longer correct, to obtain the correct | ||||||
22 | information, but only for the
purposes of preventing | ||||||
23 | fraud by, pursuing legal remedies against, or
| ||||||
24 | recovering on a debt or security interest against, the | ||||||
25 | individual.
| ||||||
26 | (4) For use in research activities and for use in |
| |||||||
| |||||||
1 | producing statistical
reports, if the personally | ||||||
2 | identifying information is not published,
redisclosed, or | ||||||
3 | used to
contact individuals.
| ||||||
4 | (5) For use in connection with any civil, criminal, | ||||||
5 | administrative, or
arbitral proceeding in any federal, | ||||||
6 | State, or local court or agency or before
any
| ||||||
7 | self-regulatory body, including the service of process, | ||||||
8 | investigation in
anticipation of litigation, and the | ||||||
9 | execution or enforcement of judgments and
orders, or | ||||||
10 | pursuant to an order of a federal, State, or local court.
| ||||||
11 | (6) For use by any insurer or insurance support | ||||||
12 | organization or by a
self-insured entity or its agents, | ||||||
13 | employees, or contractors in connection with
claims | ||||||
14 | investigation activities, antifraud activities, rating, or | ||||||
15 | underwriting.
| ||||||
16 | (7) For use in providing notice to the owners of towed | ||||||
17 | or
impounded vehicles.
| ||||||
18 | (8) For use by any person licensed as a private | ||||||
19 | detective or firm licensed as a private
detective agency | ||||||
20 | under
the Private Detective, Private Alarm, Private | ||||||
21 | Security, Fingerprint Vendor, and Locksmith Act of
2004, | ||||||
22 | private investigative agency or security service
licensed | ||||||
23 | in Illinois for any purpose permitted under this | ||||||
24 | subsection.
| ||||||
25 | (9) For use by an employer or its agent or insurer to | ||||||
26 | obtain or verify
information relating to a holder of a |
| |||||||
| |||||||
1 | commercial driver's license that is
required under chapter | ||||||
2 | 313 of title 49 of the United States Code.
| ||||||
3 | (10) For use in connection with the operation of | ||||||
4 | private toll
transportation facilities.
| ||||||
5 | (11) For use by any requester, if the requester | ||||||
6 | demonstrates it has
obtained the written consent of the | ||||||
7 | individual to whom the information
pertains.
| ||||||
8 | (12) For use by members of the news media, as defined | ||||||
9 | in
Section 1-148.5, for the purpose of newsgathering when | ||||||
10 | the request relates to
the
operation of a motor vehicle or | ||||||
11 | public safety.
| ||||||
12 | (13) For any other use specifically authorized by law, | ||||||
13 | if that use is
related to the operation of a motor vehicle | ||||||
14 | or public safety. | ||||||
15 | (f-6) The Secretary of State shall not disclose or | ||||||
16 | otherwise make
available to any
person or entity any highly | ||||||
17 | restricted personal information obtained by the
Secretary of
| ||||||
18 | State in connection with a driver's license, vehicle, or
title | ||||||
19 | registration
record unless
specifically authorized by this | ||||||
20 | Code.
| ||||||
21 | (g) 1. The Secretary of State may, upon receipt of a | ||||||
22 | written request
and a fee as set forth in Section 6-118, | ||||||
23 | furnish to the person or agency so requesting a
driver's | ||||||
24 | record or data contained therein. Such document may include a | ||||||
25 | record of: current driver's
license issuance information, | ||||||
26 | except that the information on judicial driving
permits shall |
| |||||||
| |||||||
1 | be available only as otherwise provided by this Code;
| ||||||
2 | convictions; orders entered revoking, suspending or cancelling | ||||||
3 | a
driver's
license or privilege; and notations of crash | ||||||
4 | accident involvement. All other
information, unless otherwise | ||||||
5 | permitted by
this Code, shall remain confidential. Information | ||||||
6 | released pursuant to a
request for a driver's record shall not | ||||||
7 | contain personally identifying
information, unless the request | ||||||
8 | for the driver's record was made for one of the
purposes set | ||||||
9 | forth in subsection (f-5) of this Section. The Secretary of | ||||||
10 | State may, without fee, allow a parent or guardian of a person | ||||||
11 | under the age of 18 years, who holds an instruction permit or | ||||||
12 | graduated driver's license, to view that person's driving | ||||||
13 | record online, through a computer connection.
The parent or | ||||||
14 | guardian's online access to the driving record will terminate | ||||||
15 | when the instruction permit or graduated driver's license | ||||||
16 | holder reaches the age of 18.
| ||||||
17 | 2. The Secretary of State shall not disclose or otherwise | ||||||
18 | make available
to any
person or
entity any highly restricted | ||||||
19 | personal information obtained by the Secretary of
State in
| ||||||
20 | connection with a driver's license, vehicle, or title
| ||||||
21 | registration record
unless specifically
authorized by this | ||||||
22 | Code. The Secretary of State may certify an abstract of a | ||||||
23 | driver's record
upon written request therefor. Such | ||||||
24 | certification
shall be made under the signature of the | ||||||
25 | Secretary of State and shall be
authenticated by the Seal of | ||||||
26 | his office.
|
| |||||||
| |||||||
1 | 3. All requests for driving record information shall be | ||||||
2 | made in a manner
prescribed by the Secretary and shall set | ||||||
3 | forth the intended use of the
requested information.
| ||||||
4 | The Secretary of State may notify the affected driver of | ||||||
5 | the request
for purchase of his driver's record as the | ||||||
6 | Secretary deems appropriate.
| ||||||
7 | No information shall be released to the requester until | ||||||
8 | expiration of a 10-day
period. This 10-day period shall not | ||||||
9 | apply to requests for information
made by law enforcement | ||||||
10 | officials, government agencies, financial institutions,
| ||||||
11 | attorneys, insurers, employers, automobile associated | ||||||
12 | businesses, persons
licensed as a private detective or firms | ||||||
13 | licensed as a private detective agency
under the Private | ||||||
14 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
15 | Vendor, and Locksmith Act
of 2004,
who are employed by or are | ||||||
16 | acting on behalf of law enforcement officials,
government | ||||||
17 | agencies, financial institutions, attorneys, insurers, | ||||||
18 | employers,
automobile associated businesses, and other | ||||||
19 | business entities for purposes
consistent with the Illinois | ||||||
20 | Vehicle Code, the affected driver or other
entities as the | ||||||
21 | Secretary may exempt by rule and regulation.
| ||||||
22 | Any misrepresentation made by a requester of driver | ||||||
23 | information shall
be punishable as a petty offense, except in | ||||||
24 | the case of persons licensed as
a private detective or firms | ||||||
25 | licensed as a private detective agency which shall
be subject | ||||||
26 | to disciplinary sanctions under Section 40-10 of the Private
|
| |||||||
| |||||||
1 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
2 | Vendor, and Locksmith Act of 2004.
| ||||||
3 | 4. The Secretary of State may furnish without fee, upon | ||||||
4 | the written
request of a law enforcement agency, any | ||||||
5 | information from a driver's
record on file with the Secretary | ||||||
6 | of State when such information is required
in the enforcement | ||||||
7 | of this Code or any other law relating to the operation
of | ||||||
8 | motor vehicles, including records of dispositions; documented
| ||||||
9 | information involving the use of a motor vehicle; whether such | ||||||
10 | individual
has, or previously had, a driver's license; and the | ||||||
11 | address and personal
description as reflected on said driver's | ||||||
12 | record.
| ||||||
13 | 5. Except as otherwise provided in this Section, the | ||||||
14 | Secretary of
State may furnish, without fee, information from | ||||||
15 | an individual driver's
record on file, if a written request | ||||||
16 | therefor is submitted
by any public transit system or | ||||||
17 | authority, public defender, law enforcement
agency, a state or | ||||||
18 | federal agency, or an Illinois local intergovernmental
| ||||||
19 | association, if the request is for the purpose of a background | ||||||
20 | check of
applicants for employment with the requesting agency, | ||||||
21 | or for the purpose of
an official investigation conducted by | ||||||
22 | the agency, or to determine a
current address for the driver so | ||||||
23 | public funds can be recovered or paid to
the driver, or for any | ||||||
24 | other purpose set forth in subsection (f-5)
of this Section.
| ||||||
25 | The Secretary may also furnish the courts a copy of an | ||||||
26 | abstract of a
driver's record, without fee, subsequent to an |
| |||||||
| |||||||
1 | arrest for a violation of
Section 11-501 or a similar | ||||||
2 | provision of a local ordinance. Such abstract
may include | ||||||
3 | records of dispositions; documented information involving
the | ||||||
4 | use of a motor vehicle as contained in the current file; | ||||||
5 | whether such
individual has, or previously had, a driver's | ||||||
6 | license; and the address and
personal description as reflected | ||||||
7 | on said driver's record.
| ||||||
8 | 6. Any certified abstract issued by the Secretary of State | ||||||
9 | or
transmitted electronically by the Secretary of State | ||||||
10 | pursuant to this
Section,
to a court or on request of a law | ||||||
11 | enforcement agency, for the record of a
named person as to the | ||||||
12 | status of the person's driver's license shall be
prima facie | ||||||
13 | evidence of the facts therein stated and if the name appearing
| ||||||
14 | in such abstract is the same as that of a person named in an | ||||||
15 | information or
warrant, such abstract shall be prima facie | ||||||
16 | evidence that the person named
in such information or warrant | ||||||
17 | is the same person as the person named in
such abstract and | ||||||
18 | shall be admissible for any prosecution under this Code and
be | ||||||
19 | admitted as proof of any prior conviction or proof of records, | ||||||
20 | notices, or
orders recorded on individual driving records | ||||||
21 | maintained by the Secretary of
State.
| ||||||
22 | 7. Subject to any restrictions contained in the Juvenile | ||||||
23 | Court Act of
1987, and upon receipt of a proper request and a | ||||||
24 | fee as set forth in Section 6-118, the
Secretary of
State shall | ||||||
25 | provide a driver's record or data contained therein to the | ||||||
26 | affected driver, or the affected
driver's attorney, upon |
| |||||||
| |||||||
1 | verification. Such record shall contain all the
information | ||||||
2 | referred to in paragraph 1 of this subsection (g) plus: any
| ||||||
3 | recorded crash accident involvement as a driver; information | ||||||
4 | recorded pursuant to
subsection (e) of Section 6-117 and | ||||||
5 | paragraph (4) of subsection (a) of
Section 6-204 of this Code. | ||||||
6 | All other information, unless otherwise permitted
by this | ||||||
7 | Code, shall remain confidential.
| ||||||
8 | (h) The Secretary shall not disclose social security | ||||||
9 | numbers or any associated information obtained from the Social | ||||||
10 | Security Administration except pursuant
to a written request | ||||||
11 | by, or with the prior written consent of, the
individual | ||||||
12 | except: (1) to officers and employees of the Secretary
who
| ||||||
13 | have a need to know the social security numbers in performance | ||||||
14 | of their
official duties, (2) to law enforcement officials for | ||||||
15 | a civil or
criminal law enforcement investigation, and if an | ||||||
16 | officer of the law enforcement
agency has made a written | ||||||
17 | request to the Secretary specifying the law
enforcement | ||||||
18 | investigation for which the social security numbers are being
| ||||||
19 | sought, though the Secretary retains the right to require | ||||||
20 | additional verification regarding the validity of the request, | ||||||
21 | (3) to the United States Department of Transportation, or any | ||||||
22 | other
State, pursuant to the administration and enforcement of | ||||||
23 | the Commercial
Motor Vehicle Safety Act of 1986 or | ||||||
24 | participation in State-to-State verification service, (4) | ||||||
25 | pursuant to the order of a court
of competent jurisdiction, | ||||||
26 | (5) to the Department of Healthcare and Family Services |
| |||||||
| |||||||
1 | (formerly Department of Public Aid) for
utilization
in the | ||||||
2 | child support enforcement duties assigned to that Department | ||||||
3 | under
provisions of the Illinois Public Aid Code after the | ||||||
4 | individual has received advanced
meaningful notification of | ||||||
5 | what redisclosure is sought by the Secretary in
accordance | ||||||
6 | with the federal Privacy Act, (5.5) to the Department of | ||||||
7 | Healthcare and Family Services and the Department of Human | ||||||
8 | Services solely for the purpose of verifying Illinois | ||||||
9 | residency where such residency is an eligibility requirement | ||||||
10 | for benefits under the Illinois Public Aid Code or any other | ||||||
11 | health benefit program administered by the Department of | ||||||
12 | Healthcare and Family Services or the Department of Human | ||||||
13 | Services, (6) to the Illinois Department of Revenue solely for | ||||||
14 | use by the Department in the collection of any tax or debt that | ||||||
15 | the Department of Revenue is authorized or required by law to | ||||||
16 | collect, provided that the Department shall not disclose the | ||||||
17 | social security number to any person or entity outside of the | ||||||
18 | Department, (7) to the Illinois Department of Veterans' | ||||||
19 | Affairs for the purpose of confirming veteran status, or (8) | ||||||
20 | the last 4 digits to the Illinois State Board of Elections for | ||||||
21 | purposes of voter registration and as may be required pursuant | ||||||
22 | to an agreement for a multi-state voter registration list | ||||||
23 | maintenance system. If social security information is | ||||||
24 | disclosed by the Secretary in accordance with this Section, no | ||||||
25 | liability shall rest with the Office of the Secretary of State | ||||||
26 | or any of its officers or employees, as the information is |
| |||||||
| |||||||
1 | released for official purposes only.
| ||||||
2 | (i) (Blank).
| ||||||
3 | (j) Medical statements or medical reports received in the | ||||||
4 | Secretary of
State's Office shall be confidential. Except as | ||||||
5 | provided in this Section, no confidential information may be
| ||||||
6 | open to public inspection or the contents disclosed to anyone, | ||||||
7 | except
officers and employees of the Secretary who have a need | ||||||
8 | to know the information
contained in the medical reports and | ||||||
9 | the Driver License Medical Advisory
Board, unless so directed | ||||||
10 | by an order of a court of competent jurisdiction. If the | ||||||
11 | Secretary receives a medical report regarding a driver that | ||||||
12 | does not address a medical condition contained in a previous | ||||||
13 | medical report, the Secretary may disclose the unaddressed | ||||||
14 | medical condition to the driver or his or her physician, or | ||||||
15 | both, solely for the purpose of submission of a medical report | ||||||
16 | that addresses the condition.
| ||||||
17 | (k) Disbursement of fees collected under this Section | ||||||
18 | shall be as follows: (1) of the $12 fee for a driver's record, | ||||||
19 | $3 shall be paid into the Secretary of State Special Services | ||||||
20 | Fund, and $6 shall be paid into the General Revenue Fund; (2) | ||||||
21 | 50% of the amounts collected under subsection (b) shall be | ||||||
22 | paid into the General Revenue Fund; and (3) all remaining fees | ||||||
23 | shall be disbursed under subsection (g) of Section 2-119 of | ||||||
24 | this Code.
| ||||||
25 | (l) (Blank).
| ||||||
26 | (m) Notations of crash accident involvement that may be |
| |||||||
| |||||||
1 | disclosed under this
Section shall not include notations | ||||||
2 | relating to damage to a vehicle or other
property being | ||||||
3 | transported by a tow truck. This information shall remain
| ||||||
4 | confidential, provided that nothing in this subsection (m) | ||||||
5 | shall limit
disclosure of any notification of crash accident | ||||||
6 | involvement to any law enforcement
agency or official.
| ||||||
7 | (n) Requests made by the news media for driver's license, | ||||||
8 | vehicle, or
title registration information may be furnished | ||||||
9 | without charge or at a reduced
charge, as determined by the | ||||||
10 | Secretary, when the specific purpose for
requesting the | ||||||
11 | documents is deemed to be in the public interest. Waiver or
| ||||||
12 | reduction of the fee is in the public interest if the principal | ||||||
13 | purpose of the
request is to access and disseminate | ||||||
14 | information regarding the health, safety,
and welfare or the | ||||||
15 | legal rights of the general public and is not for the
principal | ||||||
16 | purpose of gaining a personal or commercial benefit.
The | ||||||
17 | information provided pursuant to this subsection shall not | ||||||
18 | contain
personally identifying information unless the | ||||||
19 | information is to be used for one
of the
purposes identified in | ||||||
20 | subsection (f-5) of this Section.
| ||||||
21 | (o) The redisclosure of personally identifying information
| ||||||
22 | obtained
pursuant
to this Section is prohibited, except to the | ||||||
23 | extent necessary to effectuate the
purpose
for which the | ||||||
24 | original disclosure of the information was permitted.
| ||||||
25 | (p) The Secretary of State is empowered to adopt rules
to
| ||||||
26 | effectuate this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19; | ||||||
2 | 101-326, eff. 8-9-19.)
| ||||||
3 | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| ||||||
4 | Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||||
5 | towing or
hauling away.
| ||||||
6 | (a) When a vehicle is abandoned, or left unattended, on a | ||||||
7 | toll
highway, interstate highway, or expressway for 2 hours or | ||||||
8 | more, its
removal by a towing service may be authorized by a | ||||||
9 | law enforcement
agency having jurisdiction.
| ||||||
10 | (b) When a vehicle is abandoned on a highway in an urban | ||||||
11 | district 10
hours or more, its removal by a towing service may | ||||||
12 | be authorized by a
law enforcement agency having jurisdiction.
| ||||||
13 | (c) When a vehicle is abandoned or left unattended on a | ||||||
14 | highway
other than a toll highway, interstate highway, or | ||||||
15 | expressway, outside of
an urban district for 24 hours or more, | ||||||
16 | its removal by a towing service
may be authorized by a law | ||||||
17 | enforcement agency having jurisdiction.
| ||||||
18 | (d) When an abandoned, unattended, wrecked, burned or | ||||||
19 | partially
dismantled vehicle is creating a traffic hazard | ||||||
20 | because of its position
in relation to the highway or its | ||||||
21 | physical appearance is causing the
impeding of traffic, its | ||||||
22 | immediate removal from the highway or private
property | ||||||
23 | adjacent to the highway by a towing service may be authorized
| ||||||
24 | by a law enforcement agency having jurisdiction.
| ||||||
25 | (e) Whenever a
peace officer reasonably believes that a |
| |||||||
| |||||||
1 | person under
arrest for a violation of Section 11-501 of this | ||||||
2 | Code or a similar
provision of a local ordinance is likely, | ||||||
3 | upon release, to commit a
subsequent violation of Section | ||||||
4 | 11-501, or a similar provision of a local
ordinance, the | ||||||
5 | arresting officer shall have the vehicle which the person
was | ||||||
6 | operating at the time of the arrest impounded for a period of | ||||||
7 | 12 hours after the time of arrest. However, such vehicle may be
| ||||||
8 | released by the arresting law enforcement agency prior to the | ||||||
9 | end of the
impoundment period if:
| ||||||
10 | (1) the vehicle was not owned by the person under | ||||||
11 | arrest, and the lawful
owner requesting such release | ||||||
12 | possesses a valid operator's license, proof
of ownership, | ||||||
13 | and would not, as determined by the arresting law | ||||||
14 | enforcement
agency, indicate a lack of ability to operate | ||||||
15 | a motor vehicle in a safe
manner, or who would otherwise, | ||||||
16 | by operating such motor vehicle, be in
violation of this | ||||||
17 | Code; or
| ||||||
18 | (2) the vehicle is owned by the person under arrest, | ||||||
19 | and the person
under arrest gives permission to another | ||||||
20 | person to operate such vehicle,
provided however, that the | ||||||
21 | other person possesses a valid operator's license
and | ||||||
22 | would not, as determined by the arresting law enforcement
| ||||||
23 | agency, indicate a lack of ability to operate a motor | ||||||
24 | vehicle in a safe
manner or who would otherwise, by | ||||||
25 | operating such motor vehicle, be in
violation of this | ||||||
26 | Code.
|
| |||||||
| |||||||
1 | (e-5) Whenever a registered owner of a vehicle is taken | ||||||
2 | into custody for
operating the vehicle in violation of Section | ||||||
3 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
4 | or Section 6-303 of this Code, a
law enforcement officer
may | ||||||
5 | have the vehicle immediately impounded for a period not less | ||||||
6 | than:
| ||||||
7 | (1) 24 hours for a second violation of Section 11-501 | ||||||
8 | of this Code or a
similar provision of a local ordinance or | ||||||
9 | Section 6-303
of
this Code or a combination of these | ||||||
10 | offenses; or
| ||||||
11 | (2) 48 hours for a third violation of Section 11-501 | ||||||
12 | of this Code or a
similar provision of a local ordinance or | ||||||
13 | Section 6-303 of this
Code or a combination of these | ||||||
14 | offenses.
| ||||||
15 | The vehicle may be released sooner if the vehicle is owned | ||||||
16 | by the person
under arrest and the person under arrest gives | ||||||
17 | permission to another person to
operate the vehicle and that | ||||||
18 | other person possesses a valid operator's license
and would | ||||||
19 | not, as determined by the arresting law enforcement agency, | ||||||
20 | indicate
a lack of ability to operate a motor vehicle in a safe | ||||||
21 | manner or would
otherwise, by operating the motor vehicle, be | ||||||
22 | in violation of this Code.
| ||||||
23 | (f) Except as provided in Chapter 18a of this Code, the | ||||||
24 | owner or
lessor of privately owned real property within this | ||||||
25 | State, or any person
authorized by such owner or lessor, or any | ||||||
26 | law enforcement agency in the
case of publicly owned real |
| |||||||
| |||||||
1 | property may cause any motor vehicle abandoned
or left | ||||||
2 | unattended upon such property without permission to be removed | ||||||
3 | by a
towing service without liability for the costs of | ||||||
4 | removal, transportation
or storage or damage caused by such | ||||||
5 | removal, transportation or storage.
The towing or removal of | ||||||
6 | any vehicle from private property without the
consent of the | ||||||
7 | registered owner or other legally authorized person in
control | ||||||
8 | of the vehicle is subject to compliance with the following
| ||||||
9 | conditions and restrictions:
| ||||||
10 | 1. Any towed or removed vehicle must be stored at the | ||||||
11 | site of the towing
service's place of business. The site | ||||||
12 | must be open during business hours,
and for the purpose of | ||||||
13 | redemption of vehicles, during the time that the
person or | ||||||
14 | firm towing such vehicle is open for towing purposes.
| ||||||
15 | 2. The towing service shall within 30 minutes of | ||||||
16 | completion of such
towing or removal, notify the law | ||||||
17 | enforcement agency having jurisdiction of
such towing or | ||||||
18 | removal, and the make, model, color and license plate | ||||||
19 | number
of the vehicle, and shall obtain and record the | ||||||
20 | name of the person at the law
enforcement agency to whom | ||||||
21 | such information was reported.
| ||||||
22 | 3. If the registered owner or legally authorized | ||||||
23 | person entitled to
possession of the vehicle shall arrive | ||||||
24 | at the scene prior to actual removal
or towing of the | ||||||
25 | vehicle, the vehicle shall be disconnected from the tow
| ||||||
26 | truck and that person shall be allowed to remove the |
| |||||||
| |||||||
1 | vehicle without
interference, upon the payment of a | ||||||
2 | reasonable service fee of not more than
one half the | ||||||
3 | posted rate of the towing service as provided in paragraph
| ||||||
4 | 6 of this subsection, for which a receipt shall be given.
| ||||||
5 | 4. The rebate or payment of money or any other | ||||||
6 | valuable consideration
from the towing service or its | ||||||
7 | owners, managers or employees to the owners
or operators | ||||||
8 | of the premises from which the vehicles are towed or | ||||||
9 | removed,
for the privilege of removing or towing those | ||||||
10 | vehicles, is prohibited. Any
individual who violates this | ||||||
11 | paragraph shall be guilty of a Class A
misdemeanor.
| ||||||
12 | 5. Except for property appurtenant to and obviously a | ||||||
13 | part of a single
family residence, and except for | ||||||
14 | instances where notice is personally given
to the owner or | ||||||
15 | other legally authorized person in control of the vehicle
| ||||||
16 | that the area in which that vehicle is parked is reserved | ||||||
17 | or otherwise
unavailable to unauthorized vehicles and they | ||||||
18 | are subject to being removed
at the owner or operator's | ||||||
19 | expense, any property owner or lessor, prior to
towing or | ||||||
20 | removing any vehicle from private property without the | ||||||
21 | consent of
the owner or other legally authorized person in | ||||||
22 | control of that vehicle,
must post a notice meeting the | ||||||
23 | following requirements:
| ||||||
24 | a. Except as otherwise provided in subparagraph | ||||||
25 | a.1 of this subdivision (f)5, the notice must be | ||||||
26 | prominently placed at each driveway access or curb
cut |
| |||||||
| |||||||
1 | allowing vehicular access to the property within 5 | ||||||
2 | feet from the public
right-of-way line. If there are | ||||||
3 | no curbs or access barriers, the sign must
be posted | ||||||
4 | not less than one sign each 100 feet of lot frontage.
| ||||||
5 | a.1. In a municipality with a population of less | ||||||
6 | than 250,000, as an alternative to the requirement of | ||||||
7 | subparagraph a of this subdivision (f)5, the notice | ||||||
8 | for a parking lot contained within property used | ||||||
9 | solely for a 2-family, 3-family, or 4-family residence | ||||||
10 | may be prominently placed at the perimeter of the | ||||||
11 | parking lot, in a position where the notice is visible | ||||||
12 | to the occupants of vehicles entering the lot.
| ||||||
13 | b. The notice must indicate clearly, in not less | ||||||
14 | than 2 inch high
light-reflective letters on a | ||||||
15 | contrasting background, that unauthorized
vehicles | ||||||
16 | will be towed away at the owner's expense.
| ||||||
17 | c. The notice must also provide the name and | ||||||
18 | current telephone
number of the towing service towing | ||||||
19 | or removing the vehicle.
| ||||||
20 | d. The sign structure containing the required | ||||||
21 | notices must be
permanently installed with the bottom | ||||||
22 | of the sign not less than 4 feet
above ground level, | ||||||
23 | and must be continuously maintained on the property | ||||||
24 | for
not less than 24 hours prior to the towing or | ||||||
25 | removing of any vehicle.
| ||||||
26 | 6. Any towing service that tows or removes vehicles |
| |||||||
| |||||||
1 | and proposes to
require the owner, operator, or person in | ||||||
2 | control of the vehicle to pay the
costs of towing and | ||||||
3 | storage prior to redemption of the vehicle must file
and | ||||||
4 | keep on record with the local law enforcement agency a | ||||||
5 | complete copy of
the current rates to be charged for such | ||||||
6 | services, and post at the storage
site an identical rate | ||||||
7 | schedule and any written contracts with property
owners, | ||||||
8 | lessors, or persons in control of property which authorize | ||||||
9 | them to
remove vehicles as provided in this Section.
The | ||||||
10 | towing and storage charges, however, shall not exceed the | ||||||
11 | maximum allowed by the Illinois Commerce Commission under | ||||||
12 | Section 18a-200.
| ||||||
13 | 7. No person shall engage in the removal of vehicles | ||||||
14 | from private
property as described in this Section without | ||||||
15 | filing a notice of intent
in each community where he | ||||||
16 | intends to do such removal, and such
notice shall be filed | ||||||
17 | at least 7 days before commencing such towing.
| ||||||
18 | 8. No removal of a vehicle from private property shall | ||||||
19 | be done except
upon express written instructions of the | ||||||
20 | owners or persons in charge of the
private property upon | ||||||
21 | which the vehicle is said to be trespassing.
| ||||||
22 | 9. Vehicle entry for the purpose of removal shall be | ||||||
23 | allowed with
reasonable care on the part of the person or | ||||||
24 | firm towing the vehicle. Such
person or firm shall be | ||||||
25 | liable for any damages occasioned to the vehicle if
such | ||||||
26 | entry is not in accordance with the standards of |
| |||||||
| |||||||
1 | reasonable care.
| ||||||
2 | 9.5. Except as authorized by a law enforcement | ||||||
3 | officer, no towing service shall engage in the removal of | ||||||
4 | a commercial motor vehicle that requires a commercial | ||||||
5 | driver's license to operate by operating the vehicle under | ||||||
6 | its own power on a highway. | ||||||
7 | 10. When a vehicle has been towed or removed pursuant | ||||||
8 | to this Section,
it must be released to its owner, | ||||||
9 | custodian, agent, or lienholder within one half hour after
| ||||||
10 | requested, if such request is made during business hours. | ||||||
11 | Any vehicle owner,
custodian, agent, or lienholder shall | ||||||
12 | have the right to inspect the vehicle before
accepting its | ||||||
13 | return, and no release or waiver of any kind which would
| ||||||
14 | release the towing service from liability for damages | ||||||
15 | incurred during the
towing and storage may be required | ||||||
16 | from any vehicle owner or other legally
authorized person | ||||||
17 | as a condition of release of the vehicle. A detailed,
| ||||||
18 | signed receipt showing the legal name of the towing | ||||||
19 | service must be given
to the person paying towing or | ||||||
20 | storage charges at the time of payment,
whether requested | ||||||
21 | or not.
| ||||||
22 | This Section shall not apply to law enforcement, | ||||||
23 | firefighting, rescue,
ambulance, or other emergency | ||||||
24 | vehicles which are marked as such or to
property owned by | ||||||
25 | any governmental entity.
| ||||||
26 | When an authorized person improperly causes a motor |
| |||||||
| |||||||
1 | vehicle to be
removed, such person shall be liable to the | ||||||
2 | owner or lessee of the vehicle
for the cost or removal, | ||||||
3 | transportation and storage, any damages resulting
from the | ||||||
4 | removal, transportation and storage, attorney's fee and | ||||||
5 | court costs.
| ||||||
6 | Any towing or storage charges accrued shall be payable | ||||||
7 | in cash or by cashier's check, certified check, debit | ||||||
8 | card, credit card, or wire transfer, at the option of the | ||||||
9 | party taking possession of the vehicle.
| ||||||
10 | 11. Towing companies shall also provide insurance | ||||||
11 | coverage for areas
where vehicles towed under the | ||||||
12 | provisions of this Chapter will be impounded
or otherwise | ||||||
13 | stored, and shall adequately cover loss by fire, theft or
| ||||||
14 | other risks.
| ||||||
15 | Any person who fails to comply with the conditions and | ||||||
16 | restrictions of
this subsection shall be guilty of a Class C | ||||||
17 | misdemeanor and shall be fined
not less than $100 nor more than | ||||||
18 | $500.
| ||||||
19 | (g)(1) When a vehicle is determined to be a hazardous | ||||||
20 | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | ||||||
21 | Illinois Municipal Code or Section 5-12002.1 of the Counties | ||||||
22 | Code, its
removal and impoundment by a towing service may be | ||||||
23 | authorized by a law
enforcement agency with appropriate | ||||||
24 | jurisdiction.
| ||||||
25 | (2) When a vehicle removal from either public or private | ||||||
26 | property is
authorized by a law enforcement agency, the owner |
| |||||||
| |||||||
1 | of the vehicle shall be
responsible for all towing and storage | ||||||
2 | charges.
| ||||||
3 | (3) Vehicles removed from public or private property and
| ||||||
4 | stored by a commercial vehicle relocator or any other towing | ||||||
5 | service authorized by a law enforcement agency in
compliance | ||||||
6 | with this Section and Sections 4-201 and 4-202
of this Code, or | ||||||
7 | at the request of the vehicle owner or operator,
shall
be | ||||||
8 | subject to a possessor lien for services
pursuant to the Labor | ||||||
9 | and Storage Lien (Small Amount) Act. The provisions of Section | ||||||
10 | 1 of that Act relating to notice
and implied consent shall be | ||||||
11 | deemed satisfied by compliance with Section
18a-302 and | ||||||
12 | subsection (6) of Section 18a-300. In no event shall such lien
| ||||||
13 | be greater than the rate or rates established in accordance | ||||||
14 | with subsection
(6) of Section 18a-200 of this Code. In no | ||||||
15 | event shall such lien be
increased or altered to reflect any | ||||||
16 | charge for services or materials
rendered in addition to those | ||||||
17 | authorized by this Code. Every such lien
shall be payable in | ||||||
18 | cash or by cashier's check, certified check, debit card, | ||||||
19 | credit card, or wire transfer, at the option of the party | ||||||
20 | taking possession of the vehicle.
| ||||||
21 | (4) Any personal property belonging to the vehicle owner | ||||||
22 | in a vehicle subject to a lien under this
subsection
(g) shall | ||||||
23 | likewise be subject to that lien, excepting only:
child | ||||||
24 | restraint systems as defined in Section 4 of the Child | ||||||
25 | Passenger Protection Act and other child booster seats; | ||||||
26 | eyeglasses; food; medicine; perishable property; any |
| |||||||
| |||||||
1 | operator's licenses; any cash, credit
cards, or checks or | ||||||
2 | checkbooks; any wallet, purse, or other property
containing | ||||||
3 | any operator's license or other identifying documents or | ||||||
4 | materials,
cash, credit cards, checks, or checkbooks; and any | ||||||
5 | personal property belonging to a person other than the vehicle | ||||||
6 | owner if that person provides adequate proof that the personal | ||||||
7 | property belongs to that person. The spouse, child, mother, | ||||||
8 | father, brother, or sister of the vehicle owner may claim | ||||||
9 | personal property excepted under this paragraph (4) if the | ||||||
10 | person claiming the personal property provides the commercial | ||||||
11 | vehicle relocator or towing service with the authorization of | ||||||
12 | the vehicle owner. | ||||||
13 | (5) This paragraph (5) applies only in the case of a | ||||||
14 | vehicle that is towed as a result of being involved in a crash | ||||||
15 | an accident . In addition to the personal property excepted | ||||||
16 | under paragraph (4), all other personal property in a vehicle | ||||||
17 | subject to a lien under this subsection (g) is exempt from that | ||||||
18 | lien and may be claimed by the vehicle owner if the vehicle | ||||||
19 | owner provides the commercial vehicle relocator or towing | ||||||
20 | service with proof that the vehicle owner has an insurance | ||||||
21 | policy covering towing and storage fees. The spouse, child, | ||||||
22 | mother, father, brother, or sister of the vehicle owner may | ||||||
23 | claim personal property in a vehicle subject to a lien under | ||||||
24 | this subsection (g) if the person claiming the personal | ||||||
25 | property provides the commercial vehicle relocator or towing | ||||||
26 | service with the authorization of the vehicle owner and proof |
| |||||||
| |||||||
1 | that the vehicle owner has an insurance policy covering towing | ||||||
2 | and storage fees. The regulation of liens on personal property | ||||||
3 | and exceptions to those liens in the case of vehicles towed as | ||||||
4 | a result of being involved in a crash an accident are
exclusive | ||||||
5 | powers and functions of the State. A home
rule unit may not | ||||||
6 | regulate liens on personal property and exceptions to those | ||||||
7 | liens in the case of vehicles towed as a result of being | ||||||
8 | involved in a crash an accident . This paragraph (5) is a denial | ||||||
9 | and
limitation of home rule powers and functions under
| ||||||
10 | subsection (h) of Section 6 of Article VII of the
Illinois | ||||||
11 | Constitution. | ||||||
12 | (6) No lien under this subsection (g) shall:
exceed $2,000 | ||||||
13 | in its total amount; or
be increased or altered to reflect any | ||||||
14 | charge for services or
materials rendered in addition to those | ||||||
15 | authorized by this Code.
| ||||||
16 | (h) Whenever a peace officer issues a citation to a driver | ||||||
17 | for a violation of subsection (a) of Section 11-506 of this | ||||||
18 | Code, the arresting officer may have the vehicle which the | ||||||
19 | person was operating at the time of the arrest impounded for a | ||||||
20 | period of 5 days after the time of arrest.
An impounding agency | ||||||
21 | shall release a motor vehicle impounded under this subsection | ||||||
22 | (h) to the registered owner of the vehicle under any of the | ||||||
23 | following circumstances: | ||||||
24 | (1) If the vehicle is a stolen vehicle; or | ||||||
25 | (2) If the person ticketed for a violation of | ||||||
26 | subsection (a) of Section 11-506 of this Code was not |
| |||||||
| |||||||
1 | authorized by the registered owner of the vehicle to | ||||||
2 | operate the vehicle at the time of the violation; or | ||||||
3 | (3) If the registered owner of the vehicle was neither | ||||||
4 | the driver nor a passenger in the vehicle at the time of | ||||||
5 | the violation or was unaware that the driver was using the | ||||||
6 | vehicle to engage in street racing; or | ||||||
7 | (4) If the legal owner or registered owner of the | ||||||
8 | vehicle is a rental car agency; or | ||||||
9 | (5) If, prior to the expiration of the impoundment | ||||||
10 | period specified above, the citation is dismissed or the | ||||||
11 | defendant is found not guilty of the offense.
| ||||||
12 | (i) Except for vehicles exempted under subsection (b) of | ||||||
13 | Section 7-601 of this Code, whenever a law enforcement officer | ||||||
14 | issues a citation to a driver for a violation of Section 3-707 | ||||||
15 | of this Code, and the driver has a prior conviction for a | ||||||
16 | violation of Section 3-707 of this Code in the past 12 months, | ||||||
17 | the arresting officer shall authorize the removal and | ||||||
18 | impoundment of the vehicle by a towing service. | ||||||
19 | (Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17; | ||||||
20 | 100-537, eff. 6-1-18; 100-863, eff. 8-14-18.)
| ||||||
21 | (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
| ||||||
22 | Sec. 5-101. New vehicle dealers must be licensed.
| ||||||
23 | (a) No person shall engage in this State in the business of | ||||||
24 | selling
or dealing in, on consignment or otherwise, new | ||||||
25 | vehicles of any make, or
act as an intermediary or agent or |
| |||||||
| |||||||
1 | broker for any licensed dealer or
vehicle purchaser other than | ||||||
2 | as a salesperson, or represent or advertise
that he is so | ||||||
3 | engaged or intends to so engage in such business unless
| ||||||
4 | licensed to do so in writing by the Secretary of State under | ||||||
5 | the
provisions of this Section.
| ||||||
6 | (b) An application for a new vehicle dealer's license | ||||||
7 | shall be filed
with the Secretary of State, duly verified by | ||||||
8 | oath, on such form as the
Secretary of State may by rule or | ||||||
9 | regulation prescribe and shall contain:
| ||||||
10 | 1. The name and type of business organization of the | ||||||
11 | applicant and
his established and additional places of | ||||||
12 | business, if any, in this State.
| ||||||
13 | 2. If the applicant is a corporation, a list of its | ||||||
14 | officers,
directors, and shareholders having a ten percent | ||||||
15 | or greater ownership
interest in the corporation, setting | ||||||
16 | forth the residence address of
each; if the applicant is a | ||||||
17 | sole proprietorship, a partnership, an
unincorporated | ||||||
18 | association, a trust, or any similar form of business
| ||||||
19 | organization, the name and residence address of the | ||||||
20 | proprietor or of
each partner, member, officer, director, | ||||||
21 | trustee, or manager.
| ||||||
22 | 3. The make or makes of new vehicles which the | ||||||
23 | applicant will offer
for sale at retail in this State.
| ||||||
24 | 4. The name of each manufacturer or franchised | ||||||
25 | distributor, if any,
of new vehicles with whom the | ||||||
26 | applicant has contracted for the sale of
such new |
| |||||||
| |||||||
1 | vehicles. As evidence of this fact, the application shall | ||||||
2 | be
accompanied by a signed statement from each such | ||||||
3 | manufacturer or
franchised distributor. If the applicant | ||||||
4 | is in the business of
offering for sale new conversion | ||||||
5 | vehicles, trucks or vans, except for
trucks modified to | ||||||
6 | serve a special purpose which includes but is not
limited | ||||||
7 | to the following vehicles: street sweepers, fertilizer | ||||||
8 | spreaders,
emergency vehicles, implements of husbandry or | ||||||
9 | maintenance type vehicles,
he must furnish evidence of a | ||||||
10 | sales and service agreement from both the
chassis | ||||||
11 | manufacturer and second stage manufacturer.
| ||||||
12 | 5. A statement that the applicant has been approved | ||||||
13 | for registration
under the Retailers' Occupation Tax Act | ||||||
14 | by the Department of Revenue:
Provided that this | ||||||
15 | requirement does not apply to a dealer who is already
| ||||||
16 | licensed hereunder with the Secretary of State, and who is | ||||||
17 | merely applying
for a renewal of his license. As evidence | ||||||
18 | of this fact, the application
shall be accompanied by a | ||||||
19 | certification from the Department of Revenue
showing that | ||||||
20 | that Department has approved the applicant for | ||||||
21 | registration
under the Retailers' Occupation Tax Act.
| ||||||
22 | 6. A statement that the applicant has complied with | ||||||
23 | the appropriate
liability insurance requirement. A | ||||||
24 | Certificate of Insurance in a solvent
company authorized | ||||||
25 | to do business in the State of Illinois shall be included
| ||||||
26 | with each application covering each location at which he |
| |||||||
| |||||||
1 | proposes to act
as a new vehicle dealer. The policy must | ||||||
2 | provide liability coverage in
the minimum amounts of | ||||||
3 | $100,000 for bodily injury to, or death of, any person,
| ||||||
4 | $300,000 for bodily injury to, or death of, two or more | ||||||
5 | persons in any one
crash accident , and $50,000 for damage | ||||||
6 | to property. Such policy shall expire
not sooner than | ||||||
7 | December 31 of the year for which the license was issued
or | ||||||
8 | renewed. The expiration of the insurance policy shall not | ||||||
9 | terminate
the liability under the policy arising during | ||||||
10 | the period for which the
policy was filed. Trailer and | ||||||
11 | mobile home dealers are exempt from this
requirement.
| ||||||
12 | If the permitted user has a liability insurance policy | ||||||
13 | that provides
automobile
liability insurance coverage of | ||||||
14 | at least $100,000 for bodily injury to or the
death of any
| ||||||
15 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
16 | or more persons in
any one crash
accident , and $50,000 for | ||||||
17 | damage to property,
then the permitted user's insurer | ||||||
18 | shall be the primary
insurer and the
dealer's insurer | ||||||
19 | shall be the secondary insurer. If the permitted user does | ||||||
20 | not
have a liability
insurance policy that provides | ||||||
21 | automobile liability insurance coverage of at
least
| ||||||
22 | $100,000 for bodily injury to or the death of any person, | ||||||
23 | $300,000 for bodily
injury to or the death of any 2 or more | ||||||
24 | persons in any one crash accident , and
$50,000 for damage | ||||||
25 | to property, or does not have any insurance at all,
then | ||||||
26 | the dealer's insurer shall be the primary insurer and the |
| |||||||
| |||||||
1 | permitted user's
insurer shall be the secondary
insurer.
| ||||||
2 | When a permitted user is "test driving" a new vehicle | ||||||
3 | dealer's automobile,
the new vehicle dealer's insurance | ||||||
4 | shall be primary and the permitted user's
insurance shall | ||||||
5 | be secondary.
| ||||||
6 | As used in this paragraph 6, a "permitted user" is a | ||||||
7 | person who, with the
permission of the new vehicle dealer | ||||||
8 | or an employee of the new vehicle dealer,
drives a vehicle | ||||||
9 | owned and held for sale or lease by the new vehicle dealer
| ||||||
10 | which the person is considering
to purchase or lease, in | ||||||
11 | order to evaluate the performance, reliability, or
| ||||||
12 | condition of the vehicle.
The term "permitted user" also | ||||||
13 | includes a person who, with the permission of
the new
| ||||||
14 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
15 | lease by the new
vehicle dealer
for loaner purposes while | ||||||
16 | the user's vehicle is being repaired or evaluated.
| ||||||
17 | As used in this paragraph 6, "test driving" occurs | ||||||
18 | when a permitted user
who,
with the permission of the new | ||||||
19 | vehicle dealer or an employee of the new vehicle
dealer, | ||||||
20 | drives a vehicle owned and held for sale or lease by a new | ||||||
21 | vehicle
dealer that the person is considering to purchase | ||||||
22 | or lease, in order to
evaluate the performance, | ||||||
23 | reliability, or condition of the
vehicle.
| ||||||
24 | As used in this paragraph 6, "loaner purposes" means | ||||||
25 | when a person who,
with the permission of the new vehicle | ||||||
26 | dealer, drives a vehicle owned or held
for sale or lease by |
| |||||||
| |||||||
1 | the new vehicle dealer while the
user's vehicle is being | ||||||
2 | repaired or evaluated.
| ||||||
3 | 7. (A) An application for a new motor vehicle dealer's | ||||||
4 | license shall be
accompanied by the following license | ||||||
5 | fees:
| ||||||
6 | (i) $1,000 for applicant's established place of | ||||||
7 | business, and
$100 for each
additional place of | ||||||
8 | business, if any, to which the application
pertains; | ||||||
9 | but if the application is made after June 15 of any | ||||||
10 | year, the license
fee shall be $500 for applicant's | ||||||
11 | established place of business
plus
$50 for each | ||||||
12 | additional place of business, if any, to which the
| ||||||
13 | application pertains. License fees shall be returnable | ||||||
14 | only in the event that
the application is denied by the | ||||||
15 | Secretary of State.
All moneys received by the | ||||||
16 | Secretary of State as license fees under this | ||||||
17 | subparagraph (i) prior to applications for the 2004
| ||||||
18 | licensing year
shall be
deposited into the Motor | ||||||
19 | Vehicle Review Board Fund and shall
be used to | ||||||
20 | administer the Motor Vehicle Review Board under the | ||||||
21 | Motor Vehicle
Franchise Act. Of the money received by | ||||||
22 | the Secretary of State as license
fees under this | ||||||
23 | subparagraph (i) for the 2004
licensing year and
| ||||||
24 | thereafter, 10% shall
be deposited into the Motor | ||||||
25 | Vehicle Review Board Fund and shall be used to
| ||||||
26 | administer the Motor Vehicle Review Board under the |
| |||||||
| |||||||
1 | Motor Vehicle Franchise Act
and 90% shall be deposited | ||||||
2 | into the General Revenue Fund.
| ||||||
3 | (ii) Except for dealers selling 25 or fewer | ||||||
4 | automobiles or as provided in subsection (h) of | ||||||
5 | Section 5-102.7 of this Code, an Annual Dealer | ||||||
6 | Recovery Fund Fee in the amount of $500 for the | ||||||
7 | applicant's established place of business, and $50 for | ||||||
8 | each additional place of business, if any, to which | ||||||
9 | the application pertains; but if the application is | ||||||
10 | made after June 15 of any year, the fee shall be $250 | ||||||
11 | for the applicant's established place of business plus | ||||||
12 | $25 for each additional place of business, if any, to | ||||||
13 | which the application pertains. For a license renewal | ||||||
14 | application, the fee shall be based on the amount of | ||||||
15 | automobiles sold in the past year according to the | ||||||
16 | following formula: | ||||||
17 | (1) $0 for dealers selling 25 or less | ||||||
18 | automobiles; | ||||||
19 | (2) $150 for dealers selling more than 25 but | ||||||
20 | less than 200 automobiles; | ||||||
21 | (3) $300 for dealers selling 200 or more | ||||||
22 | automobiles but less than 300 automobiles; and | ||||||
23 | (4) $500 for dealers selling 300 or more | ||||||
24 | automobiles. | ||||||
25 | License fees shall be returnable only in the event | ||||||
26 | that the application is denied by the Secretary of |
| |||||||
| |||||||
1 | State. Moneys received under this subparagraph (ii) | ||||||
2 | shall be deposited into the Dealer Recovery Trust | ||||||
3 | Fund. | ||||||
4 | (B) An application for a new vehicle dealer's license, | ||||||
5 | other than for
a new motor vehicle dealer's license, shall | ||||||
6 | be accompanied by the following
license fees:
| ||||||
7 | (i) $1,000 for applicant's established place of | ||||||
8 | business, and
$50 for each
additional place of | ||||||
9 | business, if any, to which the application pertains; | ||||||
10 | but if
the application is made after June 15 of any | ||||||
11 | year, the license fee shall be
$500
for applicant's | ||||||
12 | established place of business plus $25 for each
| ||||||
13 | additional
place of business, if any, to which the | ||||||
14 | application pertains. License fees
shall be returnable | ||||||
15 | only in the event that the application is denied by the
| ||||||
16 | Secretary of State. Of the money received by the | ||||||
17 | Secretary of State as
license fees under this | ||||||
18 | subparagraph (i) for the 2004 licensing year and | ||||||
19 | thereafter,
95% shall be deposited into the General | ||||||
20 | Revenue Fund.
| ||||||
21 | (ii) Except as provided in subsection (h) of | ||||||
22 | Section 5-102.7 of this Code, an Annual Dealer | ||||||
23 | Recovery Fund Fee in the amount of $500 for the | ||||||
24 | applicant's established place of business, and $50 for | ||||||
25 | each additional place of business, if any, to which | ||||||
26 | the application pertains; but if the application is |
| |||||||
| |||||||
1 | made after June 15 of any year, the fee shall be $250 | ||||||
2 | for the applicant's established place of business plus | ||||||
3 | $25 for each additional place of business, if any, to | ||||||
4 | which the application pertains. License fees shall be | ||||||
5 | returnable only in the event that the application is | ||||||
6 | denied by the Secretary of State. Moneys received | ||||||
7 | under this subparagraph (ii) shall be deposited into | ||||||
8 | the Dealer Recovery Trust Fund. | ||||||
9 | 8. A statement that the applicant's officers, | ||||||
10 | directors,
shareholders having a 10% or greater ownership | ||||||
11 | interest
therein, proprietor, a partner, member, officer, | ||||||
12 | director, trustee, manager
or other principals in the | ||||||
13 | business have not committed in the past 3
years any one | ||||||
14 | violation as determined in any civil, criminal or
| ||||||
15 | administrative proceedings of any one of the following | ||||||
16 | Acts:
| ||||||
17 | (A) The Anti-Theft Laws of the Illinois Vehicle | ||||||
18 | Code;
| ||||||
19 | (B) The Certificate of Title Laws of the Illinois | ||||||
20 | Vehicle Code;
| ||||||
21 | (C) The Offenses against Registration and | ||||||
22 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
23 | Code;
| ||||||
24 | (D) The Dealers, Transporters, Wreckers and | ||||||
25 | Rebuilders
Laws of the Illinois Vehicle Code;
| ||||||
26 | (E) Section 21-2 of the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | the Criminal Code of 2012, Criminal Trespass to
| ||||||
2 | Vehicles; or
| ||||||
3 | (F) The Retailers' Occupation Tax Act.
| ||||||
4 | 9. A statement that the applicant's officers, | ||||||
5 | directors,
shareholders having a 10% or greater ownership | ||||||
6 | interest
therein, proprietor, partner, member, officer, | ||||||
7 | director, trustee, manager
or other principals in the | ||||||
8 | business have not committed in any calendar year
3 or more | ||||||
9 | violations, as determined in any civil, criminal or
| ||||||
10 | administrative proceedings, of any one or more of the | ||||||
11 | following Acts:
| ||||||
12 | (A) The Consumer Finance Act;
| ||||||
13 | (B) The Consumer Installment Loan Act;
| ||||||
14 | (C) The Retail Installment Sales Act;
| ||||||
15 | (D) The Motor Vehicle Retail Installment Sales | ||||||
16 | Act;
| ||||||
17 | (E) The Interest Act;
| ||||||
18 | (F) The Illinois Wage Assignment Act;
| ||||||
19 | (G) Part 8 of Article XII of the Code of Civil | ||||||
20 | Procedure; or
| ||||||
21 | (H) The Consumer Fraud Act.
| ||||||
22 | 9.5. A statement that, within 10 years of application,
| ||||||
23 | each officer, director, shareholder having a
10% or | ||||||
24 | greater ownership interest therein, proprietor,
partner, | ||||||
25 | member, officer, director, trustee, manager, or
other | ||||||
26 | principal in the business of the applicant has not |
| |||||||
| |||||||
1 | committed, as determined
in any civil, criminal, or | ||||||
2 | administrative proceeding, in
any calendar year one or | ||||||
3 | more
forcible felonies under the Criminal Code of 1961 or | ||||||
4 | the
Criminal Code of 2012, or a violation of either or both | ||||||
5 | Article 16 or 17 of the Criminal Code of 1961 or a | ||||||
6 | violation of either or both Article 16 or 17 of the | ||||||
7 | Criminal Code of 2012, Article 29B of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012, or a similar | ||||||
9 | out-of-state offense.
For the purposes of this paragraph, | ||||||
10 | "forcible felony" has
the meaning provided in Section 2-8 | ||||||
11 | of the Criminal Code
of 2012. | ||||||
12 | 10. A bond or certificate of deposit in the amount of | ||||||
13 | $50,000 for
each location at which the applicant intends | ||||||
14 | to act as a new vehicle
dealer. The bond shall be for the | ||||||
15 | term of the license, or its renewal, for
which application | ||||||
16 | is made, and shall expire not sooner than
December 31 of | ||||||
17 | the year for which the license was issued or renewed. The | ||||||
18 | bond
shall run to the People of the State of Illinois, with | ||||||
19 | surety by a bonding or
insurance company authorized to do | ||||||
20 | business in this State. It shall be
conditioned upon the | ||||||
21 | proper transmittal of all title and registration fees and
| ||||||
22 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
23 | Act) accepted by the
applicant as a new vehicle dealer.
| ||||||
24 | 11. Such other information concerning the business of | ||||||
25 | the applicant as
the Secretary of State may by rule or | ||||||
26 | regulation prescribe.
|
| |||||||
| |||||||
1 | 12. A statement that the applicant understands Chapter | ||||||
2 | 1 through
Chapter 5 of this Code.
| ||||||
3 | 13. The full name, address, and contact information of | ||||||
4 | each of the dealer's agents or legal representatives who | ||||||
5 | is an Illinois resident and liable for the performance of | ||||||
6 | the dealership. | ||||||
7 | (c) Any change which renders no longer accurate any | ||||||
8 | information
contained in any application for a new vehicle | ||||||
9 | dealer's license shall be
amended within 30 days after the | ||||||
10 | occurrence of such change on such form
as the Secretary of | ||||||
11 | State may prescribe by rule or regulation,
accompanied by an | ||||||
12 | amendatory fee of $2.
| ||||||
13 | (d) Anything in this Chapter 5 to the contrary | ||||||
14 | notwithstanding no
person shall be licensed as a new vehicle | ||||||
15 | dealer unless:
| ||||||
16 | 1. He is authorized by contract in writing between | ||||||
17 | himself and the
manufacturer or franchised distributor of | ||||||
18 | such make of vehicle to so
sell the same in this State, and
| ||||||
19 | 2. Such person shall maintain an established place of | ||||||
20 | business as
defined in this Act.
| ||||||
21 | (e) The Secretary of State shall, within a reasonable time | ||||||
22 | after
receipt, examine an application submitted to him under | ||||||
23 | this Section and
unless he makes a determination that the | ||||||
24 | application submitted to him
does not conform with the | ||||||
25 | requirements of this Section or that grounds
exist for a | ||||||
26 | denial of the application, under Section 5-501 of this
|
| |||||||
| |||||||
1 | Chapter, grant the applicant an original new vehicle dealer's | ||||||
2 | license in
writing for his established place of business and a | ||||||
3 | supplemental license
in writing for each additional place of | ||||||
4 | business in such form as he may
prescribe by rule or regulation | ||||||
5 | which shall include the following:
| ||||||
6 | 1. The name of the person licensed;
| ||||||
7 | 2. If a corporation, the name and address of its | ||||||
8 | officers or if a
sole proprietorship, a partnership, an | ||||||
9 | unincorporated association or any
similar form of business | ||||||
10 | organization, the name and address of the
proprietor or of | ||||||
11 | each partner, member, officer, director, trustee or
| ||||||
12 | manager;
| ||||||
13 | 3. In the case of an original license, the established | ||||||
14 | place of
business of the licensee;
| ||||||
15 | 4. In the case of a supplemental license, the | ||||||
16 | established place of
business of the licensee and the | ||||||
17 | additional place of business to which such
supplemental | ||||||
18 | license pertains;
| ||||||
19 | 5. The make or makes of new vehicles which the | ||||||
20 | licensee is licensed
to sell;
| ||||||
21 | 6. The full name, address, and contact information of | ||||||
22 | each of the dealer's agents or legal representatives who | ||||||
23 | is an Illinois resident and liable for the performance of | ||||||
24 | the dealership. | ||||||
25 | (f) The appropriate instrument evidencing the license or a | ||||||
26 | certified
copy thereof, provided by the Secretary of State, |
| |||||||
| |||||||
1 | shall be kept posted
conspicuously in the established place of | ||||||
2 | business of the licensee and
in each additional place of | ||||||
3 | business, if any, maintained by such
licensee.
| ||||||
4 | (g) Except as provided in subsection (h) hereof, all new | ||||||
5 | vehicle
dealer's licenses granted under this Section shall | ||||||
6 | expire by operation
of law on December 31 of the calendar year | ||||||
7 | for which they are granted
unless sooner revoked or cancelled | ||||||
8 | under the provisions of Section 5-501
of this Chapter.
| ||||||
9 | (h) A new vehicle dealer's license may be renewed upon | ||||||
10 | application
and payment of the fee required herein, and | ||||||
11 | submission of proof of
coverage under an approved bond under | ||||||
12 | the Retailers' Occupation Tax
Act or proof that applicant is | ||||||
13 | not subject to such bonding
requirements, as in the case of an | ||||||
14 | original license, but in case an
application for the renewal | ||||||
15 | of an effective license is made during the
month of December, | ||||||
16 | the effective license shall remain in force until the
| ||||||
17 | application is granted or denied by the Secretary of State.
| ||||||
18 | (i) All persons licensed as a new vehicle dealer are | ||||||
19 | required to
furnish each purchaser of a motor vehicle:
| ||||||
20 | 1. In the case of a new vehicle a manufacturer's | ||||||
21 | statement of origin
and in the case of a used motor vehicle | ||||||
22 | a certificate of title, in
either case properly assigned | ||||||
23 | to the purchaser;
| ||||||
24 | 2. A statement verified under oath that all | ||||||
25 | identifying numbers on
the vehicle agree with those on the | ||||||
26 | certificate of title or
manufacturer's statement of |
| |||||||
| |||||||
1 | origin;
| ||||||
2 | 3. A bill of sale properly executed on behalf of such | ||||||
3 | person;
| ||||||
4 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
5 | return
referred to in Section 5-402 hereof;
| ||||||
6 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
7 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
8 | 6. In the case of a vehicle for which the warranty has | ||||||
9 | been reinstated, a
copy of the warranty.
| ||||||
10 | (j) Except at the time of sale or repossession of the | ||||||
11 | vehicle, no person
licensed as a new vehicle dealer may issue | ||||||
12 | any other person a newly created
key to a vehicle unless the | ||||||
13 | new vehicle dealer makes a color photocopy or electronic scan | ||||||
14 | of the driver's
license or State identification card of the | ||||||
15 | person requesting or obtaining the
newly created key. The new | ||||||
16 | vehicle dealer must retain the photocopy or scan for 30 days.
| ||||||
17 | A new vehicle dealer who violates this subsection (j) is | ||||||
18 | guilty of a
petty offense. Violation of this subsection (j) is | ||||||
19 | not cause to suspend,
revoke,
cancel, or deny renewal of the | ||||||
20 | new vehicle dealer's license.
| ||||||
21 | This amendatory Act of 1983 shall be applicable to the | ||||||
22 | 1984 registration
year and thereafter.
| ||||||
23 | (k) If a licensee under this Section voluntarily | ||||||
24 | surrenders a license to the Illinois Secretary of State Police | ||||||
25 | or a representative of the Secretary of State Vehicle Services | ||||||
26 | Department due to the licensee's inability to adhere to |
| |||||||
| |||||||
1 | recordkeeping provisions, or the inability to properly issue | ||||||
2 | certificates of title or registrations under this Code, or the | ||||||
3 | Secretary revokes a license under this Section, then the | ||||||
4 | licensee and the licensee's agent, designee, or legal | ||||||
5 | representative, if applicable, may not be named on a new | ||||||
6 | application for a licensee under this Section or under this | ||||||
7 | Chapter, nor is the licensee or the licensee's agent, | ||||||
8 | designee, or legal representative permitted to work for | ||||||
9 | another licensee under this Chapter in a recordkeeping, | ||||||
10 | management, or financial position or as an employee who | ||||||
11 | handles certificate of title and registration documents and | ||||||
12 | applications. | ||||||
13 | (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22 .)
| ||||||
14 | (625 ILCS 5/5-101.1)
| ||||||
15 | Sec. 5-101.1. Motor vehicle financing affiliates; | ||||||
16 | licensing.
| ||||||
17 | (a) In this State no business shall engage in the business | ||||||
18 | of a motor
vehicle financing
affiliate without a license to do | ||||||
19 | so in writing from the Secretary of State.
| ||||||
20 | (b) An application for a motor vehicle financing | ||||||
21 | affiliate's license must be
filed with
the Secretary of State, | ||||||
22 | duly verified by oath, on a form prescribed by the
Secretary of
| ||||||
23 | State and shall contain all of the following:
| ||||||
24 | (1) The name and type of business organization of the | ||||||
25 | applicant and the
applicant's
established place of |
| |||||||
| |||||||
1 | business and any additional places of business in this
| ||||||
2 | State.
| ||||||
3 | (2) The name and address of the licensed new or used | ||||||
4 | vehicle dealer to
which the
applicant will be selling, | ||||||
5 | transferring, or assigning new or used motor
vehicles | ||||||
6 | pursuant
to a written contract. If more than one dealer is | ||||||
7 | on the application, the
applicant shall
state in writing | ||||||
8 | the basis of common ownership among the dealers.
| ||||||
9 | (3) A list of the business organization's officers, | ||||||
10 | directors, members,
and
shareholders having a 10% or | ||||||
11 | greater ownership interest in the business,
providing the
| ||||||
12 | residential address for each person listed.
| ||||||
13 | (4) If selling, transferring, or assigning new motor | ||||||
14 | vehicles, the make or
makes of
new vehicles that it will | ||||||
15 | sell, assign, or otherwise transfer to the
contracting new | ||||||
16 | motor
vehicle dealer listed on the application pursuant to | ||||||
17 | paragraph (2).
| ||||||
18 | (5) The name of each manufacturer or franchised | ||||||
19 | distributor, if any, of
new
vehicles with whom the | ||||||
20 | applicant has contracted for the sale of new vehicles
and | ||||||
21 | a signed
statement from each manufacturer or franchised | ||||||
22 | distributor acknowledging the
contract.
| ||||||
23 | (6) A statement that the applicant has been approved | ||||||
24 | for registration
under the
Retailers' Occupation Tax Act | ||||||
25 | by the Department of Revenue. This requirement
does not
| ||||||
26 | apply to a motor vehicle financing affiliate that is |
| |||||||
| |||||||
1 | already licensed with the
Secretary of
State and is | ||||||
2 | applying for a renewal of its license.
| ||||||
3 | (7) A statement that the applicant has complied with | ||||||
4 | the appropriate
liability
insurance requirement and a | ||||||
5 | Certificate of Insurance that shall not expire
before
| ||||||
6 | December 31 of the year for which the license was issued or | ||||||
7 | renewed with a
minimum
liability coverage of $100,000 for | ||||||
8 | the bodily injury or death of any person,
$300,000 for
the | ||||||
9 | bodily injury or death of 2 or more persons in any one | ||||||
10 | crash accident , and
$50,000 for
damage to property. The | ||||||
11 | expiration of the insurance policy shall not terminate
the
| ||||||
12 | liability under the policy arising during the period for | ||||||
13 | which the policy was
filed. Trailer
and mobile home | ||||||
14 | dealers are exempt from the requirements of this | ||||||
15 | paragraph. A
motor
vehicle financing affiliate is exempt | ||||||
16 | from the requirements of this paragraph
if it is
covered | ||||||
17 | by the insurance policy of the new or used dealer listed on | ||||||
18 | the
application
pursuant to paragraph (2).
| ||||||
19 | (8) A license fee of $1,000 for the applicant's | ||||||
20 | established place of
business and
$250 for each additional | ||||||
21 | place of business, if any, to which the application
| ||||||
22 | pertains.
However, if the application is made after June | ||||||
23 | 15 of any year, the license fee
shall be
$500 for the | ||||||
24 | applicant's established place of business and $125 for | ||||||
25 | each
additional place
of business, if any, to which the | ||||||
26 | application pertains. These license fees
shall be
|
| |||||||
| |||||||
1 | returnable only in the event that the application is | ||||||
2 | denied by the Secretary of
State.
| ||||||
3 | (9) A statement incorporating the requirements of | ||||||
4 | paragraphs 8 and 9 of
subsection (b) of Section 5-101.
| ||||||
5 | (10) Any other information concerning the business of | ||||||
6 | the applicant as the
Secretary of State may prescribe.
| ||||||
7 | (11) A statement that the applicant understands | ||||||
8 | Chapter 1 through Chapter
5 of
this Code.
| ||||||
9 | (12) The full name, address, and contact information | ||||||
10 | of each of the dealer's agents or legal representatives | ||||||
11 | who is an Illinois resident and liable for the performance | ||||||
12 | of the dealership. | ||||||
13 | (c) Any change which renders no longer accurate any | ||||||
14 | information contained in
any
application for a motor vehicle | ||||||
15 | financing affiliate's license shall be amended
within 30
days | ||||||
16 | after the occurrence of the change on a form prescribed by the | ||||||
17 | Secretary
of State,
accompanied by an amendatory fee of $2.
| ||||||
18 | (d) If a new vehicle dealer is not listed on the | ||||||
19 | application, pursuant to
paragraph (2) of
subsection (b), the | ||||||
20 | motor vehicle financing affiliate shall not receive,
possess, | ||||||
21 | or transfer
any new vehicle. If a new motor vehicle dealer is | ||||||
22 | listed on the application,
pursuant to
paragraph (2) of | ||||||
23 | subsection (b), the new motor vehicle dealer can only receive
| ||||||
24 | those new
cars it is permitted to receive under its franchise | ||||||
25 | agreement. If both a new
and used
motor vehicle dealer are | ||||||
26 | listed on the application, pursuant to paragraph (2)
of |
| |||||||
| |||||||
1 | subsection
(b), only the new motor vehicle dealer may receive | ||||||
2 | new motor vehicles. If a
used motor
vehicle is listed on the | ||||||
3 | application, pursuant to paragraph (2) of
subsection (b), the | ||||||
4 | used
motor vehicle dealer shall not receive any new motor | ||||||
5 | vehicles.
| ||||||
6 | (e) The applicant and dealer provided pursuant to | ||||||
7 | paragraph (2) of
subsection (b)
must be business organizations | ||||||
8 | registered to conduct business in Illinois.
Three-fourths
of | ||||||
9 | the dealer's board of directors must be members of the motor | ||||||
10 | vehicle
financing
affiliate's board of directors, if | ||||||
11 | applicable.
| ||||||
12 | (f) Unless otherwise provided in this Chapter 5, no | ||||||
13 | business organization
registered to
do business in Illinois | ||||||
14 | shall be licensed as a motor vehicle financing
affiliate | ||||||
15 | unless:
| ||||||
16 | (1) The motor vehicle financing affiliate shall only | ||||||
17 | sell, transfer, or
assign motor
vehicles to the licensed | ||||||
18 | new or used dealer listed on the application pursuant
to | ||||||
19 | paragraph (2) of subsection (b).
| ||||||
20 | (2) The motor vehicle financing affiliate sells, | ||||||
21 | transfers, or assigns to
the new
motor vehicle dealer | ||||||
22 | listed on the application, if any, only those new motor
| ||||||
23 | vehicles the
motor vehicle financing affiliate has | ||||||
24 | received under the contract set forth in
paragraph (5)
of | ||||||
25 | subsection (b).
| ||||||
26 | (3) Any new vehicle dealer listed pursuant to |
| |||||||
| |||||||
1 | paragraph (2) of subsection
(b) has a
franchise agreement | ||||||
2 | that permits the dealer to receive motor vehicles from the
| ||||||
3 | motor
vehicle franchise affiliate.
| ||||||
4 | (4) The new or used motor vehicle dealer listed on the | ||||||
5 | application
pursuant to
paragraph (2) of subsection (b) | ||||||
6 | has one established place of business or
supplemental
| ||||||
7 | places of business as referenced in subsection (g).
| ||||||
8 | (g) The Secretary of State shall, within a reasonable time | ||||||
9 | after receipt,
examine an
application submitted pursuant to | ||||||
10 | this Section and, unless it is determined
that the
application | ||||||
11 | does not conform with the requirements of this Section or that
| ||||||
12 | grounds exist
for a denial of the application under Section | ||||||
13 | 5-501, grant the applicant a
motor vehicle
financing affiliate | ||||||
14 | license in writing for the applicant's established place of
| ||||||
15 | business and
a supplemental license in writing for each | ||||||
16 | additional place of business in a
form prescribed
by the | ||||||
17 | Secretary, which shall include all of the following:
| ||||||
18 | (1) The name of the business licensed;
| ||||||
19 | (2) The name and address of its officers, directors, | ||||||
20 | or members, as
applicable;
| ||||||
21 | (3) In the case of an original license, the | ||||||
22 | established place of business
of the
licensee;
| ||||||
23 | (4) If applicable, the make or makes of new vehicles | ||||||
24 | which the licensee is
licensed
to sell to the new motor | ||||||
25 | vehicle dealer listed on the application pursuant to
| ||||||
26 | paragraph (2)
of subsection (b); and
|
| |||||||
| |||||||
1 | (5) The full name, address, and contact information of | ||||||
2 | each of the dealer's agents or legal representatives who | ||||||
3 | is an Illinois resident and liable for the performance of | ||||||
4 | the dealership. | ||||||
5 | (h) The appropriate instrument evidencing the license or a | ||||||
6 | certified copy,
provided by
the Secretary of State, shall be | ||||||
7 | kept posted conspicuously in the established
place of
business | ||||||
8 | of the licensee.
| ||||||
9 | (i) Except as provided in subsection (h), all motor | ||||||
10 | vehicle financing
affiliate's
licenses granted under this | ||||||
11 | Section shall expired by operation of law on
December 31 of
the | ||||||
12 | calendar year for which they are granted, unless revoked or | ||||||
13 | canceled at an
earlier date
pursuant to Section 5-501.
| ||||||
14 | (j) A motor vehicle financing affiliate's license may be | ||||||
15 | renewed upon
application and
payment of the required fee. | ||||||
16 | However, when an application for renewal of a
motor
vehicle | ||||||
17 | financing affiliate's license is made during the month of | ||||||
18 | December, the
effective
license shall remain in force until | ||||||
19 | the application is granted or denied by the
Secretary of
| ||||||
20 | State.
| ||||||
21 | (k) The contract a motor vehicle financing affiliate has | ||||||
22 | with a manufacturer
or
franchised distributor, as provided in | ||||||
23 | paragraph (5) of subsection (b), shall
only permit
the | ||||||
24 | applicant to sell, transfer, or assign new motor vehicles to | ||||||
25 | the new motor
vehicle
dealer listed on the application | ||||||
26 | pursuant to paragraph (2) of subsection (b).
The contract
|
| |||||||
| |||||||
1 | shall specifically prohibit the motor vehicle financing | ||||||
2 | affiliate from selling
motor
vehicles at retail. This contract | ||||||
3 | shall not be considered the granting of a
franchise as
defined | ||||||
4 | in Section 2 of the Motor Vehicle Franchise Act.
| ||||||
5 | (l) When purchasing of a motor vehicle by a new or used | ||||||
6 | motor vehicle
dealer, all
persons licensed as a motor vehicle | ||||||
7 | financing affiliate are required to furnish
all of the
| ||||||
8 | following:
| ||||||
9 | (1) For a new vehicle, a manufacturer's statement of | ||||||
10 | origin properly
assigned to
the purchasing dealer. For a | ||||||
11 | used vehicle, a certificate of title properly
assigned to | ||||||
12 | the
purchasing dealer.
| ||||||
13 | (2) A statement verified under oath that all | ||||||
14 | identifying numbers on the
vehicle
agree with those on the | ||||||
15 | certificate of title or manufacturer's statement of
| ||||||
16 | origin.
| ||||||
17 | (3) A bill of sale properly executed on behalf of the | ||||||
18 | purchasing dealer.
| ||||||
19 | (4) A copy of the Uniform Invoice-transaction report | ||||||
20 | pursuant to Section
5-402.
| ||||||
21 | (5) In the case of a rebuilt vehicle, a copy of the | ||||||
22 | Disclosure of Rebuilt
Vehicle
Status pursuant to Section | ||||||
23 | 5-104.3.
| ||||||
24 | (6) In the case of a vehicle for which a warranty has | ||||||
25 | been reinstated, a
copy of the
warranty.
| ||||||
26 | (m) The motor vehicle financing affiliate shall use the |
| |||||||
| |||||||
1 | established and
supplemental
place or places of business the | ||||||
2 | new or used vehicle dealer listed on the
application
pursuant | ||||||
3 | to paragraph (2) of subsection (b) as its established and | ||||||
4 | supplemental
place or
places of business.
| ||||||
5 | (n) The motor vehicle financing affiliate shall keep all | ||||||
6 | books and records
required by
this Code with the books and | ||||||
7 | records of the new or used vehicle dealer listed
on the
| ||||||
8 | application pursuant to paragraph (2) of subsection (b). The | ||||||
9 | motor vehicle
financing
affiliate may use the books and | ||||||
10 | records of the new or used motor vehicle dealer
listed on
the | ||||||
11 | application pursuant to paragraph (2) of subsection (b).
| ||||||
12 | (o) Under no circumstances shall a motor vehicle financing | ||||||
13 | affiliate sell,
transfer, or
assign a new vehicle to any place | ||||||
14 | of business of a new motor vehicle dealer,
unless that
place of | ||||||
15 | business is licensed under this Chapter to sell, assign, or | ||||||
16 | otherwise
transfer the
make of the new motor vehicle | ||||||
17 | transferred.
| ||||||
18 | (p) All moneys received by the Secretary of State as | ||||||
19 | license fees under this
Section
shall be deposited into the | ||||||
20 | Motor Vehicle Review Board Fund and shall be used
to
| ||||||
21 | administer the Motor Vehicle Review Board under the Motor | ||||||
22 | Vehicle Franchise
Act.
| ||||||
23 | (q) Except as otherwise provided in this Section, a motor | ||||||
24 | vehicle financing
affiliate
shall comply with all provisions | ||||||
25 | of this Code.
| ||||||
26 | (r) If a licensee under this Section voluntarily |
| |||||||
| |||||||
1 | surrenders a license to the Illinois Secretary of State Police | ||||||
2 | or a representative of the Secretary of State Vehicle Services | ||||||
3 | Department due to the licensee's inability to adhere to | ||||||
4 | recordkeeping provisions, or the inability to properly issue | ||||||
5 | certificates of title or registrations under this Code, or the | ||||||
6 | Secretary revokes a license under this Section, then the | ||||||
7 | licensee and the licensee's agent, designee, or legal | ||||||
8 | representative, if applicable, may not be named on a new | ||||||
9 | application for a licensee under this Section or under this | ||||||
10 | Chapter, nor is the licensee or the licensee's agent, | ||||||
11 | designee, or legal representative permitted to work for | ||||||
12 | another licensee under this Chapter in a recordkeeping, | ||||||
13 | management, or financial position or as an employee who | ||||||
14 | handles certificate of title and registration documents and | ||||||
15 | applications. | ||||||
16 | (Source: P.A. 102-154, eff. 1-1-22 .)
| ||||||
17 | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| ||||||
18 | Sec. 5-102. Used vehicle dealers must be licensed.
| ||||||
19 | (a) No person, other than a licensed new vehicle dealer, | ||||||
20 | shall engage in
the business of selling or dealing in, on | ||||||
21 | consignment or otherwise, 5 or
more used vehicles of any make | ||||||
22 | during the year (except house trailers as
authorized by | ||||||
23 | paragraph (j) of this Section and rebuilt salvage vehicles
| ||||||
24 | sold by their rebuilders to persons licensed under this | ||||||
25 | Chapter), or act as
an intermediary, agent or broker for any |
| |||||||
| |||||||
1 | licensed dealer or vehicle
purchaser (other than as a | ||||||
2 | salesperson) or represent or advertise that he
is so engaged | ||||||
3 | or intends to so engage in such business unless licensed to
do | ||||||
4 | so by the Secretary of State under the provisions of this | ||||||
5 | Section.
| ||||||
6 | (b) An application for a used vehicle dealer's license | ||||||
7 | shall be
filed with the Secretary of State, duly verified by | ||||||
8 | oath, in such form
as the Secretary of State may by rule or | ||||||
9 | regulation prescribe and shall
contain:
| ||||||
10 | 1. The name and type of business organization | ||||||
11 | established and additional
places of business, if any, in | ||||||
12 | this State.
| ||||||
13 | 2. If the applicant is a corporation, a list of its | ||||||
14 | officers,
directors, and shareholders having a ten percent | ||||||
15 | or greater ownership
interest in the corporation, setting | ||||||
16 | forth the residence address of
each; if the applicant is a | ||||||
17 | sole proprietorship, a partnership, an
unincorporated | ||||||
18 | association, a trust, or any similar form of business
| ||||||
19 | organization, the names and residence address of the | ||||||
20 | proprietor or of
each partner, member, officer, director, | ||||||
21 | trustee , or manager.
| ||||||
22 | 3. A statement that the applicant has been approved | ||||||
23 | for registration
under the Retailers' Occupation Tax Act | ||||||
24 | by the Department of Revenue. However,
this requirement | ||||||
25 | does not apply to a dealer who is already licensed
| ||||||
26 | hereunder with the Secretary of State, and who is merely |
| |||||||
| |||||||
1 | applying for a
renewal of his license. As evidence of this | ||||||
2 | fact, the application shall be
accompanied by a | ||||||
3 | certification from the Department of Revenue showing that
| ||||||
4 | the Department has approved the applicant for registration | ||||||
5 | under the
Retailers' Occupation Tax Act.
| ||||||
6 | 4. A statement that the applicant has complied with | ||||||
7 | the appropriate
liability insurance requirement. A | ||||||
8 | Certificate of Insurance in a solvent
company authorized | ||||||
9 | to do business in the State of Illinois shall be included
| ||||||
10 | with each application covering each location at which he | ||||||
11 | proposes to act
as a used vehicle dealer. The policy must | ||||||
12 | provide liability coverage in
the minimum amounts of | ||||||
13 | $100,000 for bodily injury to, or death of, any person,
| ||||||
14 | $300,000 for bodily injury to, or death of, two or more | ||||||
15 | persons in any one crash
accident , and $50,000 for damage | ||||||
16 | to property. Such policy shall expire
not sooner than | ||||||
17 | December 31 of the year for which the license was issued
or | ||||||
18 | renewed. The expiration of the insurance policy shall not | ||||||
19 | terminate
the liability under the policy arising during | ||||||
20 | the period for which the policy
was filed. Trailer and | ||||||
21 | mobile home dealers are exempt from this requirement.
| ||||||
22 | If the permitted user has a liability insurance policy | ||||||
23 | that provides
automobile
liability insurance coverage of | ||||||
24 | at least $100,000 for bodily injury to or the
death of any
| ||||||
25 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
26 | or more persons in
any one crash
accident , and $50,000 for |
| |||||||
| |||||||
1 | damage to property,
then the permitted user's insurer | ||||||
2 | shall be the primary
insurer and the
dealer's insurer | ||||||
3 | shall be the secondary insurer. If the permitted user does | ||||||
4 | not
have a liability
insurance policy that provides | ||||||
5 | automobile liability insurance coverage of at
least
| ||||||
6 | $100,000 for bodily injury to or the death of any person, | ||||||
7 | $300,000 for bodily
injury to or
the death of any 2 or more | ||||||
8 | persons in any one crash accident , and $50,000 for damage
| ||||||
9 | to
property, or does not have any insurance at all,
then | ||||||
10 | the
dealer's
insurer shall be the primary insurer and the | ||||||
11 | permitted user's insurer shall be
the secondary
insurer.
| ||||||
12 | When a permitted user is "test driving" a used vehicle | ||||||
13 | dealer's automobile,
the used vehicle dealer's insurance | ||||||
14 | shall be primary and the permitted user's
insurance shall | ||||||
15 | be secondary.
| ||||||
16 | As used in this paragraph 4, a "permitted user" is a | ||||||
17 | person who, with the
permission of the used vehicle dealer | ||||||
18 | or an employee of the used vehicle
dealer, drives a | ||||||
19 | vehicle owned and held for sale or lease by the used | ||||||
20 | vehicle
dealer which the person is considering to purchase | ||||||
21 | or lease, in order to
evaluate the performance, | ||||||
22 | reliability, or condition of the vehicle.
The term | ||||||
23 | "permitted user" also includes a person who, with the | ||||||
24 | permission of
the used
vehicle dealer, drives a vehicle | ||||||
25 | owned or held for sale or lease by the used
vehicle dealer
| ||||||
26 | for loaner purposes while the user's vehicle is being |
| |||||||
| |||||||
1 | repaired or evaluated.
| ||||||
2 | As used in this paragraph 4, "test driving" occurs | ||||||
3 | when a permitted user
who,
with the permission of the used | ||||||
4 | vehicle dealer or an employee of the used
vehicle
dealer, | ||||||
5 | drives a vehicle owned and held for sale or lease by a used | ||||||
6 | vehicle
dealer that the person is considering to purchase | ||||||
7 | or lease, in order to
evaluate the performance, | ||||||
8 | reliability, or condition of the
vehicle.
| ||||||
9 | As used in this paragraph 4, "loaner purposes" means | ||||||
10 | when a person who,
with the permission of the used vehicle | ||||||
11 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
12 | the used vehicle dealer while the
user's vehicle is being | ||||||
13 | repaired or evaluated.
| ||||||
14 | 5. An application for a used vehicle dealer's license | ||||||
15 | shall be
accompanied by the following license fees:
| ||||||
16 | (A) $1,000 for applicant's established place of | ||||||
17 | business, and
$50 for
each additional place of | ||||||
18 | business, if any, to which the application
pertains; | ||||||
19 | however, if the application is made after June 15 of | ||||||
20 | any
year, the license fee shall be $500 for | ||||||
21 | applicant's established
place of
business plus $25 for | ||||||
22 | each additional place of business, if any,
to
which | ||||||
23 | the application pertains. License fees shall be | ||||||
24 | returnable only in
the event that the application is | ||||||
25 | denied by
the Secretary of State. Of the money | ||||||
26 | received by the Secretary of State as
license fees |
| |||||||
| |||||||
1 | under this subparagraph (A) for the 2004 licensing | ||||||
2 | year and thereafter, 95%
shall be deposited into the | ||||||
3 | General Revenue Fund.
| ||||||
4 | (B) Except for dealers selling 25 or fewer | ||||||
5 | automobiles or as provided in subsection (h) of | ||||||
6 | Section 5-102.7 of this Code, an Annual Dealer | ||||||
7 | Recovery Fund Fee in the amount of $500 for the | ||||||
8 | applicant's established place of business, and $50 for | ||||||
9 | each additional place of business, if any, to which | ||||||
10 | the application pertains; but if the application is | ||||||
11 | made after June 15 of any year, the fee shall be $250 | ||||||
12 | for the applicant's established place of business plus | ||||||
13 | $25 for each additional place of business, if any, to | ||||||
14 | which the application pertains. For a license renewal | ||||||
15 | application, the fee shall be based on the amount of | ||||||
16 | automobiles sold in the past year according to the | ||||||
17 | following formula: | ||||||
18 | (1) $0 for dealers selling 25 or less | ||||||
19 | automobiles; | ||||||
20 | (2) $150 for dealers selling more than 25 but | ||||||
21 | less than 200 automobiles; | ||||||
22 | (3) $300 for dealers selling 200 or more | ||||||
23 | automobiles but less than 300 automobiles; and | ||||||
24 | (4) $500 for dealers selling 300 or more | ||||||
25 | automobiles. | ||||||
26 | License fees shall be returnable only in the event |
| |||||||
| |||||||
1 | that the application is denied by the Secretary of | ||||||
2 | State. Moneys received under this subparagraph (B) | ||||||
3 | shall be deposited into the Dealer Recovery Trust | ||||||
4 | Fund. | ||||||
5 | 6. A statement that the applicant's officers, | ||||||
6 | directors, shareholders
having a 10% or greater ownership | ||||||
7 | interest therein, proprietor, partner,
member, officer, | ||||||
8 | director, trustee, manager , or other principals in the
| ||||||
9 | business have not committed in the past 3 years any one | ||||||
10 | violation as
determined in any civil, criminal , or | ||||||
11 | administrative proceedings of any one
of the following | ||||||
12 | Acts:
| ||||||
13 | (A) The Anti-Theft Laws of the Illinois Vehicle | ||||||
14 | Code;
| ||||||
15 | (B) The Certificate of Title Laws of the Illinois | ||||||
16 | Vehicle Code;
| ||||||
17 | (C) The Offenses against Registration and | ||||||
18 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
19 | Code;
| ||||||
20 | (D) The Dealers, Transporters, Wreckers and | ||||||
21 | Rebuilders Laws of the
Illinois Vehicle Code;
| ||||||
22 | (E) Section 21-2 of the Illinois Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012, Criminal
Trespass | ||||||
24 | to Vehicles; or
| ||||||
25 | (F) The Retailers' Occupation Tax Act.
| ||||||
26 | 7. A statement that the applicant's officers, |
| |||||||
| |||||||
1 | directors,
shareholders having a 10% or greater ownership | ||||||
2 | interest therein,
proprietor, partner, member, officer, | ||||||
3 | director, trustee, manager , or
other principals in the | ||||||
4 | business have not committed in any calendar year
3 or more | ||||||
5 | violations, as determined in any civil , or criminal , or
| ||||||
6 | administrative proceedings, of any one or more of the | ||||||
7 | following Acts:
| ||||||
8 | (A) The Consumer Finance Act;
| ||||||
9 | (B) The Consumer Installment Loan Act;
| ||||||
10 | (C) The Retail Installment Sales Act;
| ||||||
11 | (D) The Motor Vehicle Retail Installment Sales | ||||||
12 | Act;
| ||||||
13 | (E) The Interest Act;
| ||||||
14 | (F) The Illinois Wage Assignment Act;
| ||||||
15 | (G) Part 8 of Article XII of the Code of Civil | ||||||
16 | Procedure; or
| ||||||
17 | (H) The Consumer Fraud and Deceptive Business | ||||||
18 | Practices Act.
| ||||||
19 | 7.5. A statement that, within 10 years of application,
| ||||||
20 | each officer, director, shareholder having a
10% or | ||||||
21 | greater ownership interest therein, proprietor,
partner, | ||||||
22 | member, officer, director, trustee, manager, or
other | ||||||
23 | principal in the business of the applicant has not | ||||||
24 | committed, as determined
in any civil, criminal, or | ||||||
25 | administrative proceeding, in
any calendar year one or | ||||||
26 | more
forcible felonies under the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | the
Criminal Code of 2012, or a violation of either or both | ||||||
2 | Article 16 or 17 of the Criminal Code of 1961 or a | ||||||
3 | violation of either or both Article 16 or 17 of the | ||||||
4 | Criminal Code of 2012, Article 29B of the Criminal Code of | ||||||
5 | 1961 or the Criminal Code of 2012, or a similar | ||||||
6 | out-of-state offense.
For the purposes of this paragraph, | ||||||
7 | "forcible felony" has
the meaning provided in Section 2-8 | ||||||
8 | of the Criminal Code
of 2012. | ||||||
9 | 8. A bond or Certificate of Deposit in the amount of | ||||||
10 | $50,000 for
each location at which the applicant intends | ||||||
11 | to act as a used vehicle
dealer. The bond shall be for the | ||||||
12 | term of the license, or its renewal, for
which application | ||||||
13 | is made, and shall expire not sooner than December 31 of
| ||||||
14 | the year for which the license was issued or renewed. The | ||||||
15 | bond shall run
to the People of the State of Illinois, with | ||||||
16 | surety by a bonding or
insurance company authorized to do | ||||||
17 | business in this State. It shall be
conditioned upon the | ||||||
18 | proper transmittal of all title and registration fees
and | ||||||
19 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
20 | Act) accepted
by the applicant as a used vehicle dealer.
| ||||||
21 | 9. Such other information concerning the business of | ||||||
22 | the applicant as
the Secretary of State may by rule or | ||||||
23 | regulation prescribe.
| ||||||
24 | 10. A statement that the applicant understands Chapter | ||||||
25 | 1 through
Chapter 5 of this Code.
| ||||||
26 | 11. A copy of the certification from the prelicensing |
| |||||||
| |||||||
1 | education
program. | ||||||
2 | 12. The full name, address, and contact information of | ||||||
3 | each of the dealer's agents or legal representatives who | ||||||
4 | is an Illinois resident and liable for the performance of | ||||||
5 | the dealership. | ||||||
6 | (c) Any change which renders no longer accurate any | ||||||
7 | information
contained in any application for a used vehicle | ||||||
8 | dealer's license shall
be amended within 30 days after the | ||||||
9 | occurrence of each change on such
form as the Secretary of | ||||||
10 | State may prescribe by rule or regulation,
accompanied by an | ||||||
11 | amendatory fee of $2.
| ||||||
12 | (d) Anything in this Chapter to the contrary | ||||||
13 | notwithstanding, no
person shall be licensed as a used vehicle | ||||||
14 | dealer unless such person
maintains an established place of | ||||||
15 | business as
defined in this Chapter.
| ||||||
16 | (e) The Secretary of State shall, within a reasonable time | ||||||
17 | after
receipt, examine an application submitted to him under | ||||||
18 | this Section.
Unless the Secretary makes a determination that | ||||||
19 | the application
submitted to him does not conform to this | ||||||
20 | Section or that grounds exist
for a denial of the application | ||||||
21 | under Section 5-501 of this Chapter, he
must grant the | ||||||
22 | applicant an original used vehicle dealer's license in
writing | ||||||
23 | for his established place of business and a supplemental | ||||||
24 | license
in writing for each additional place of business in | ||||||
25 | such form as he may
prescribe by rule or regulation which shall | ||||||
26 | include the following:
|
| |||||||
| |||||||
1 | 1. The name of the person licensed;
| ||||||
2 | 2. If a corporation, the name and address of its | ||||||
3 | officers or if a
sole proprietorship, a partnership, an | ||||||
4 | unincorporated association or any
similar form of business | ||||||
5 | organization, the name and address of the
proprietor or of | ||||||
6 | each partner, member, officer, director, trustee , or
| ||||||
7 | manager;
| ||||||
8 | 3. In case of an original license, the established | ||||||
9 | place of business
of the licensee;
| ||||||
10 | 4. In the case of a supplemental license, the | ||||||
11 | established place of
business of the licensee and the | ||||||
12 | additional place of business to which such
supplemental | ||||||
13 | license pertains;
| ||||||
14 | 5. The full name, address, and contact information of | ||||||
15 | each of the dealer's agents or legal representatives who | ||||||
16 | is an Illinois resident and liable for the performance of | ||||||
17 | the dealership. | ||||||
18 | (f) The appropriate instrument evidencing the license or a | ||||||
19 | certified
copy thereof, provided by the Secretary of State | ||||||
20 | shall be kept posted,
conspicuously, in the established place | ||||||
21 | of business of the licensee and
in each additional place of | ||||||
22 | business, if any, maintained by such
licensee.
| ||||||
23 | (g) Except as provided in subsection (h) of this Section, | ||||||
24 | all used
vehicle dealer's licenses granted under this Section | ||||||
25 | expire by operation
of law on December 31 of the calendar year | ||||||
26 | for which they are granted
unless sooner revoked or cancelled |
| |||||||
| |||||||
1 | under Section 5-501 of this Chapter.
| ||||||
2 | (h) A used vehicle dealer's license may be renewed upon | ||||||
3 | application
and payment of the fee required herein, and | ||||||
4 | submission of proof of
coverage by an approved bond under the | ||||||
5 | " Retailers' Occupation Tax Act "
or proof that applicant is not | ||||||
6 | subject to such bonding requirements, as
in the case of an | ||||||
7 | original license, but in case an application for the
renewal | ||||||
8 | of an effective license is made during the month of December,
| ||||||
9 | the effective license shall remain in force until the | ||||||
10 | application for
renewal is granted or denied by the Secretary | ||||||
11 | of State.
| ||||||
12 | (i) All persons licensed as a used vehicle dealer are | ||||||
13 | required to
furnish each purchaser of a motor vehicle:
| ||||||
14 | 1. A certificate of title properly assigned to the | ||||||
15 | purchaser;
| ||||||
16 | 2. A statement verified under oath that all | ||||||
17 | identifying numbers on
the vehicle agree with those on the | ||||||
18 | certificate of title;
| ||||||
19 | 3. A bill of sale properly executed on behalf of such | ||||||
20 | person;
| ||||||
21 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
22 | return
referred to in Section 5-402 of this Chapter;
| ||||||
23 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
24 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
25 | 6. In the case of a vehicle for which the warranty has | ||||||
26 | been reinstated, a
copy of the warranty.
|
| |||||||
| |||||||
1 | (j) A real estate broker holding a valid certificate of | ||||||
2 | registration issued
pursuant to "The Real Estate Brokers and | ||||||
3 | Salesmen License Act" may engage
in the business of selling or | ||||||
4 | dealing in house trailers not his own without
being licensed | ||||||
5 | as a used vehicle dealer under this Section; however such
| ||||||
6 | broker shall maintain a record of the transaction including | ||||||
7 | the following:
| ||||||
8 | (1) the name and address of the buyer and seller,
| ||||||
9 | (2) the date of sale,
| ||||||
10 | (3) a description of the mobile home, including the | ||||||
11 | vehicle identification
number, make, model, and year, and
| ||||||
12 | (4) the Illinois certificate of title number.
| ||||||
13 | The foregoing records shall be available for inspection by | ||||||
14 | any officer
of the Secretary of State's Office at any | ||||||
15 | reasonable hour.
| ||||||
16 | (k) Except at the time of sale or repossession of the | ||||||
17 | vehicle, no
person licensed as a used vehicle dealer may issue | ||||||
18 | any other person a newly
created key to a vehicle unless the | ||||||
19 | used vehicle dealer makes a color photocopy or electronic scan | ||||||
20 | of the
driver's license or State identification card of the | ||||||
21 | person requesting or
obtaining the newly created key. The used | ||||||
22 | vehicle dealer must retain the photocopy or scan
for 30 days.
| ||||||
23 | A used vehicle dealer who violates this subsection (k) is | ||||||
24 | guilty of a
petty offense. Violation of this subsection (k) is | ||||||
25 | not cause to suspend,
revoke, cancel, or deny renewal of the | ||||||
26 | used vehicle dealer's license. |
| |||||||
| |||||||
1 | (l) Used vehicle dealers licensed under this Section shall | ||||||
2 | provide the Secretary of State a register for the sale at | ||||||
3 | auction of each salvage or junk certificate vehicle. Each | ||||||
4 | register shall include the following information: | ||||||
5 | 1. The year, make, model, style , and color of the | ||||||
6 | vehicle; | ||||||
7 | 2. The vehicle's manufacturer's identification number | ||||||
8 | or, if applicable, the Secretary of State or Illinois | ||||||
9 | State Police identification number; | ||||||
10 | 3. The date of acquisition of the vehicle; | ||||||
11 | 4. The name and address of the person from whom the | ||||||
12 | vehicle was acquired; | ||||||
13 | 5. The name and address of the person to whom any | ||||||
14 | vehicle was disposed, the person's Illinois license number | ||||||
15 | or if the person is an out-of-state salvage vehicle buyer, | ||||||
16 | the license number from the state or jurisdiction where | ||||||
17 | the buyer is licensed; and | ||||||
18 | 6. The purchase price of the vehicle. | ||||||
19 | The register shall be submitted to the Secretary of State | ||||||
20 | via written or electronic means within 10 calendar days from | ||||||
21 | the date of the auction.
| ||||||
22 | (m) If a licensee under this Section voluntarily | ||||||
23 | surrenders a license to the Illinois Secretary of State Police | ||||||
24 | or a representative of the Secretary of State Vehicle Services | ||||||
25 | Department due to the licensee's inability to adhere to | ||||||
26 | recordkeeping provisions, or the inability to properly issue |
| |||||||
| |||||||
1 | certificates of title or registrations under this Code, or the | ||||||
2 | Secretary revokes a license under this Section, then the | ||||||
3 | licensee and the licensee's agent, designee, or legal | ||||||
4 | representative, if applicable, may not be named on a new | ||||||
5 | application for a licensee under this Section or under this | ||||||
6 | Chapter, nor is the licensee or the licensee's agent, | ||||||
7 | designee, or legal representative permitted to work for | ||||||
8 | another licensee under this Chapter in a recordkeeping, | ||||||
9 | management, or financial position or as an employee who | ||||||
10 | handles certificate of title and registration documents and | ||||||
11 | applications. | ||||||
12 | (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; | ||||||
13 | 102-538, eff. 8-20-21; revised 10-15-21.)
| ||||||
14 | (625 ILCS 5/5-102.8) | ||||||
15 | Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle | ||||||
16 | dealers. | ||||||
17 | (a) As used in this Section, "Buy Here, Pay Here used | ||||||
18 | vehicle dealer" means any entity that engages in the business | ||||||
19 | of selling or leasing of vehicles and finances the sale or | ||||||
20 | purchase price of the vehicle to a customer without the | ||||||
21 | customer using a third-party lender. | ||||||
22 | (b) No person shall engage in
the business of selling or | ||||||
23 | dealing in, on consignment or otherwise, 5 or
more used | ||||||
24 | vehicles of any make during the year (except rebuilt salvage | ||||||
25 | vehicles
sold by their rebuilders to persons licensed under |
| |||||||
| |||||||
1 | this Chapter), or act as
an intermediary, agent, or broker for | ||||||
2 | any licensed dealer or vehicle
purchaser (other than as a | ||||||
3 | salesperson) or represent or advertise that he or she
is so | ||||||
4 | engaged or intends to so engage in such business of a Buy Here, | ||||||
5 | Pay Here used vehicle dealer unless licensed to
do so by the | ||||||
6 | Secretary of State under the provisions of this Section.
| ||||||
7 | (c) An application for a Buy Here, Pay Here used vehicle | ||||||
8 | dealer's license shall be
filed with the Secretary of State, | ||||||
9 | duly verified by oath, in such form
as the Secretary of State | ||||||
10 | may by rule or regulation prescribe and shall
contain:
| ||||||
11 | (1) The name and type of business organization | ||||||
12 | established and additional
places of business, if any, in | ||||||
13 | this State.
| ||||||
14 | (2) If the applicant is a corporation, a list of its | ||||||
15 | officers,
directors, and shareholders having a 10% or | ||||||
16 | greater ownership
interest in the corporation, setting | ||||||
17 | forth the residence address of
each; if the applicant is a | ||||||
18 | sole proprietorship, a partnership, an
unincorporated | ||||||
19 | association, a trust, or any similar form of business
| ||||||
20 | organization, the names and residence address of the | ||||||
21 | proprietor or of
each partner, member, officer, director, | ||||||
22 | trustee, or manager.
| ||||||
23 | (3) A statement that the applicant has been approved | ||||||
24 | for registration
under the Retailers' Occupation Tax Act | ||||||
25 | by the Department of Revenue. However,
this requirement | ||||||
26 | does not apply to a dealer who is already licensed
|
| |||||||
| |||||||
1 | hereunder with the Secretary of State, and who is merely | ||||||
2 | applying for a
renewal of his or her license. As evidence | ||||||
3 | of this fact, the application shall be
accompanied by a | ||||||
4 | certification from the Department of Revenue showing that
| ||||||
5 | the Department has approved the applicant for registration | ||||||
6 | under the
Retailers' Occupation Tax Act. | ||||||
7 | (4) A statement that the applicant has complied with | ||||||
8 | the appropriate
liability insurance requirement. A | ||||||
9 | Certificate of Insurance in a solvent
company authorized | ||||||
10 | to do business in the State of Illinois shall be included
| ||||||
11 | with each application covering each location at which he | ||||||
12 | or she proposes to act
as a Buy Here, Pay Here used vehicle | ||||||
13 | dealer. The policy must provide liability coverage in
the | ||||||
14 | minimum amounts of $100,000 for bodily injury to, or death | ||||||
15 | of, any person,
$300,000 for bodily injury to, or death | ||||||
16 | of, 2 or more persons in any one crash
accident , and | ||||||
17 | $50,000 for damage to property. Such policy shall expire
| ||||||
18 | not sooner than December 31 of the year for which the | ||||||
19 | license was issued
or renewed. The expiration of the | ||||||
20 | insurance policy shall not terminate
the liability under | ||||||
21 | the policy arising during the period for which the policy
| ||||||
22 | was filed.
| ||||||
23 | If the permitted user has a liability insurance policy | ||||||
24 | that provides
automobile
liability insurance coverage of | ||||||
25 | at least $100,000 for bodily injury to or the
death of any
| ||||||
26 | person, $300,000 for bodily injury to or the death of any 2 |
| |||||||
| |||||||
1 | or more persons in
any one crash
accident , and $50,000 for | ||||||
2 | damage to property,
then the permitted user's insurer | ||||||
3 | shall be the primary
insurer and the
dealer's insurer | ||||||
4 | shall be the secondary insurer. If the permitted user does | ||||||
5 | not
have a liability
insurance policy that provides | ||||||
6 | automobile liability insurance coverage of at
least
| ||||||
7 | $100,000 for bodily injury to or the death of any person, | ||||||
8 | $300,000 for bodily
injury to or
the death of any 2 or more | ||||||
9 | persons in any one crash accident , and $50,000 for damage
| ||||||
10 | to
property, or does not have any insurance at all,
then | ||||||
11 | the
dealer's
insurer shall be the primary insurer and the | ||||||
12 | permitted user's insurer shall be
the secondary
insurer. | ||||||
13 | When a permitted user is "test driving" a Buy Here, | ||||||
14 | Pay Here used vehicle dealer's automobile,
the Buy Here, | ||||||
15 | Pay Here used vehicle dealer's insurance shall be primary | ||||||
16 | and the permitted user's
insurance shall be secondary.
| ||||||
17 | As used in this paragraph, "permitted user" means a | ||||||
18 | person who, with the
permission of the Buy Here, Pay Here | ||||||
19 | used vehicle dealer or an employee of the Buy Here, Pay | ||||||
20 | Here used vehicle
dealer, drives a vehicle owned and held | ||||||
21 | for sale or lease by the Buy Here, Pay Here used vehicle
| ||||||
22 | dealer that the person is considering to purchase or | ||||||
23 | lease, in order to
evaluate the performance, reliability, | ||||||
24 | or condition of the vehicle.
"Permitted user" includes a | ||||||
25 | person who, with the permission of
the Buy Here, Pay Here | ||||||
26 | used
vehicle dealer, drives a vehicle owned or held for |
| |||||||
| |||||||
1 | sale or lease by the Buy Here, Pay Here used
vehicle dealer
| ||||||
2 | for loaner purposes while the user's vehicle is being | ||||||
3 | repaired or evaluated.
| ||||||
4 | As used in this paragraph, "test driving" occurs when | ||||||
5 | a permitted user
who,
with the permission of the Buy Here, | ||||||
6 | Pay Here used vehicle dealer or an employee of the Buy | ||||||
7 | Here, Pay Here used
vehicle
dealer, drives a vehicle owned | ||||||
8 | and held for sale or lease by a Buy Here, Pay Here used | ||||||
9 | vehicle
dealer that the person is considering to purchase | ||||||
10 | or lease, in order to
evaluate the performance, | ||||||
11 | reliability, or condition of the
vehicle.
| ||||||
12 | As used in this paragraph, "loaner purposes" means | ||||||
13 | when a person who,
with the permission of the Buy Here, Pay | ||||||
14 | Here used vehicle dealer, drives a vehicle owned or held
| ||||||
15 | for sale or lease by the used vehicle dealer while the
| ||||||
16 | user's vehicle is being repaired or evaluated.
| ||||||
17 | (5) An application for a Buy Here, Pay Here used | ||||||
18 | vehicle dealer's license shall be
accompanied by the | ||||||
19 | following license fees:
| ||||||
20 | (A) $1,000 for the applicant's established place | ||||||
21 | of business, and
$50 for
each additional place of | ||||||
22 | business, if any, to which the application
pertains; | ||||||
23 | however, if the application is made after June 15 of | ||||||
24 | any
year, the license fee shall be $500 for the | ||||||
25 | applicant's established
place of
business plus $25 for | ||||||
26 | each additional place of business, if any,
to
which |
| |||||||
| |||||||
1 | the application pertains. License fees shall be | ||||||
2 | returnable only if the application is denied by
the | ||||||
3 | Secretary of State. Of the money received by the | ||||||
4 | Secretary of State as
license fees under this | ||||||
5 | subparagraph, 95%
shall be deposited into the General | ||||||
6 | Revenue Fund. | ||||||
7 | (B) Except for dealers selling 25 or fewer | ||||||
8 | automobiles or as provided in subsection (h) of | ||||||
9 | Section 5-102.7 of this Code, an Annual Dealer | ||||||
10 | Recovery Fund Fee in the amount of $500 for the | ||||||
11 | applicant's established place of business, and $50 for | ||||||
12 | each additional place of business, if any, to which | ||||||
13 | the application pertains; but if the application is | ||||||
14 | made after June 15 of any year, the fee shall be $250 | ||||||
15 | for the applicant's established place of business plus | ||||||
16 | $25 for each additional place of business, if any, to | ||||||
17 | which the application pertains. For a license renewal | ||||||
18 | application, the fee shall be based on the amount of | ||||||
19 | automobiles sold in the past year according to the | ||||||
20 | following formula: | ||||||
21 | (1) $0 for dealers selling 25 or less | ||||||
22 | automobiles; | ||||||
23 | (2) $150 for dealers selling more than 25 but | ||||||
24 | less than 200 automobiles; | ||||||
25 | (3) $300 for dealers selling 200 or more | ||||||
26 | automobiles but less than 300 automobiles; and |
| |||||||
| |||||||
1 | (4) $500 for dealers selling 300 or more | ||||||
2 | automobiles. | ||||||
3 | Fees shall be returnable only if the application | ||||||
4 | is denied by the Secretary of State. Money received | ||||||
5 | under this subparagraph shall be deposited into the | ||||||
6 | Dealer Recovery Trust Fund. A Buy Here, Pay Here used | ||||||
7 | vehicle dealer shall pay into the Dealer Recovery | ||||||
8 | Trust Fund for every vehicle that is financed, sold, | ||||||
9 | or otherwise transferred to an individual or entity | ||||||
10 | other than the Buy Here, Pay Here used vehicle dealer | ||||||
11 | even if the individual or entity to which the Buy Here, | ||||||
12 | Pay Here used vehicle dealer transfers the vehicle is | ||||||
13 | unable to continue to adhere to the terms of the | ||||||
14 | transaction by the Buy Here, Pay Here used vehicle | ||||||
15 | dealer. | ||||||
16 | (6) A statement that each officer, director, | ||||||
17 | shareholder
having a 10% or greater ownership interest | ||||||
18 | therein, proprietor, partner,
member, officer, director, | ||||||
19 | trustee, manager, or other principal in the
business of | ||||||
20 | the applicant has not committed in the past 3 years any one | ||||||
21 | violation as
determined in any civil, criminal, or | ||||||
22 | administrative proceedings of any one
of the following:
| ||||||
23 | (A) the Anti-Theft Laws of this Code;
| ||||||
24 | (B) the Certificate of Title Laws of this Code;
| ||||||
25 | (C) the Offenses against Registration and | ||||||
26 | Certificates of Title
Laws of this Code;
|
| |||||||
| |||||||
1 | (D) the Dealers, Transporters, Wreckers and | ||||||
2 | Rebuilders Laws of this
Code;
| ||||||
3 | (E) Section 21-2 of the Illinois Criminal Code of | ||||||
4 | 1961 or the Criminal Code of 2012, Criminal
Trespass | ||||||
5 | to Vehicles; or
| ||||||
6 | (F) the Retailers' Occupation Tax Act. | ||||||
7 | (7) A statement that each officer, director,
| ||||||
8 | shareholder having a 10% or greater ownership interest | ||||||
9 | therein,
proprietor, partner, member, officer, director, | ||||||
10 | trustee, manager, or
other principal in the business of | ||||||
11 | the applicant has not committed in any calendar year
3 or | ||||||
12 | more violations, as determined in any civil, criminal, or
| ||||||
13 | administrative proceedings, of any one or more of the | ||||||
14 | following:
| ||||||
15 | (A) the Consumer Finance Act;
| ||||||
16 | (B) the Consumer Installment Loan Act;
| ||||||
17 | (C) the Retail Installment Sales Act;
| ||||||
18 | (D) the Motor Vehicle Retail Installment Sales | ||||||
19 | Act;
| ||||||
20 | (E) the Interest Act;
| ||||||
21 | (F) the Illinois Wage Assignment Act;
| ||||||
22 | (G) Part 8 of Article XII of the Code of Civil | ||||||
23 | Procedure; or
| ||||||
24 | (H) the Consumer Fraud and Deceptive Business | ||||||
25 | Practices Act.
| ||||||
26 | (8) A statement that, within 10 years of application,
|
| |||||||
| |||||||
1 | each officer, director, shareholder having a
10% or | ||||||
2 | greater ownership interest therein, proprietor,
partner, | ||||||
3 | member, officer, director, trustee, manager, or
other | ||||||
4 | principal in the business of the applicant has not | ||||||
5 | committed, as determined
in any civil, criminal, or | ||||||
6 | administrative proceeding, in
any calendar year one or | ||||||
7 | more
forcible felonies under the Criminal Code of 1961 or | ||||||
8 | the
Criminal Code of 2012, or a violation of either or both | ||||||
9 | Article 16 or 17 of the Criminal Code of 1961, or a | ||||||
10 | violation of either or both Article 16 or 17 of the | ||||||
11 | Criminal Code of 2012, Article 29B of the Criminal Code of | ||||||
12 | 1961 or the Criminal Code of 2012, or a similar | ||||||
13 | out-of-state offense.
For the purposes of this paragraph, | ||||||
14 | "forcible felony" has
the meaning provided in Section 2-8 | ||||||
15 | of the Criminal Code
of 2012. | ||||||
16 | (9) A bond or Certificate of Deposit in the amount of | ||||||
17 | $50,000 for
each location at which the applicant intends | ||||||
18 | to act as a Buy Here, Pay Here used vehicle dealer. The | ||||||
19 | bond shall be for the term of the license. The bond shall | ||||||
20 | run
to the People of the State of Illinois, with surety by | ||||||
21 | a bonding or
insurance company authorized to do business | ||||||
22 | in this State. It shall be
conditioned upon the proper | ||||||
23 | transmittal of all title and registration fees
and taxes | ||||||
24 | (excluding taxes under the Retailers' Occupation Tax Act) | ||||||
25 | accepted
by the applicant as a Buy Here, Pay Here used | ||||||
26 | vehicle dealer. |
| |||||||
| |||||||
1 | (10) Such other information concerning the business of | ||||||
2 | the applicant as
the Secretary of State may by rule | ||||||
3 | prescribe.
| ||||||
4 | (11) A statement that the applicant understands | ||||||
5 | Chapter 1 through
Chapter 5 of this Code.
| ||||||
6 | (12) A copy of the certification from the prelicensing | ||||||
7 | education
program. | ||||||
8 | (13) The full name, address, and contact information | ||||||
9 | of each of the dealer's agents or legal representatives | ||||||
10 | who is an Illinois resident and liable for the performance | ||||||
11 | of the dealership. | ||||||
12 | (d) Any change that renders no longer accurate any | ||||||
13 | information
contained in any application for a Buy Here, Pay | ||||||
14 | Here used vehicle dealer's license shall
be amended within 30 | ||||||
15 | days after the occurrence of each change on such
form as the | ||||||
16 | Secretary of State may prescribe by rule,
accompanied by an | ||||||
17 | amendatory fee of $2.
| ||||||
18 | (e) Anything in this Chapter to the contrary | ||||||
19 | notwithstanding, no
person shall be licensed as a Buy Here, | ||||||
20 | Pay Here used vehicle dealer unless the person
maintains an | ||||||
21 | established place of business as
defined in this Chapter.
| ||||||
22 | (f) The Secretary of State shall, within a reasonable time | ||||||
23 | after
receipt, examine an application submitted under this | ||||||
24 | Section.
Unless the Secretary makes a determination that the | ||||||
25 | application does not conform to this Section or that grounds | ||||||
26 | exist
for a denial of the application under Section 5-501 of |
| |||||||
| |||||||
1 | this Chapter, the Secretary
must grant the applicant an | ||||||
2 | original Buy Here, Pay Here used vehicle dealer's license in
| ||||||
3 | writing for his or her established place of business and a | ||||||
4 | supplemental license
in writing for each additional place of | ||||||
5 | business in such form as the Secretary may
prescribe by rule | ||||||
6 | that shall include the following:
| ||||||
7 | (1) The name of the person licensed.
| ||||||
8 | (2) If a corporation, the name and address of its | ||||||
9 | officers or if a
sole proprietorship, a partnership, an | ||||||
10 | unincorporated association, or any
similar form of | ||||||
11 | business organization, the name and address of the
| ||||||
12 | proprietor or of each partner, member, officer, director, | ||||||
13 | trustee, or
manager.
| ||||||
14 | (3) In the case of an original license, the | ||||||
15 | established place of business
of the licensee.
| ||||||
16 | (4) In the case of a supplemental license, the | ||||||
17 | established place of
business of the licensee and the | ||||||
18 | additional place of business to which the
supplemental | ||||||
19 | license pertains. | ||||||
20 | (5) The full name, address, and contact information of | ||||||
21 | each of the dealer's agents or legal representatives who | ||||||
22 | is an Illinois resident and liable for the performance of | ||||||
23 | the dealership. | ||||||
24 | (g) The appropriate instrument evidencing the license or a | ||||||
25 | certified
copy thereof, provided by the Secretary of State | ||||||
26 | shall be kept posted,
conspicuously, in the established place |
| |||||||
| |||||||
1 | of business of the licensee and
in each additional place of | ||||||
2 | business, if any, maintained by the
licensee.
| ||||||
3 | (h) Except as provided in subsection (i), all Buy Here, | ||||||
4 | Pay Here used
vehicle dealer's licenses granted under this | ||||||
5 | Section expire by operation
of law on December 31 of the | ||||||
6 | calendar year for which they are granted
unless sooner revoked | ||||||
7 | or cancelled under Section 5-501 of this Chapter.
| ||||||
8 | (i) A Buy Here, Pay Here used vehicle dealer's license may | ||||||
9 | be renewed upon application
and payment of the fee required | ||||||
10 | herein, and submission of proof of
coverage by an approved | ||||||
11 | bond under the Retailers' Occupation Tax Act
or proof that the | ||||||
12 | applicant is not subject to such bonding requirements, as
in | ||||||
13 | the case of an original license, but in the case of an | ||||||
14 | application for the
renewal of an effective license made | ||||||
15 | during the month of December,
the effective license shall | ||||||
16 | remain in force until the application for
renewal is granted | ||||||
17 | or denied by the Secretary of State.
| ||||||
18 | (j) Each person licensed as a Buy Here, Pay Here used | ||||||
19 | vehicle dealer is required to
furnish each purchaser of a | ||||||
20 | motor vehicle:
| ||||||
21 | (1) a certificate of title properly assigned to the | ||||||
22 | purchaser;
| ||||||
23 | (2) a statement verified under oath that all | ||||||
24 | identifying numbers on
the vehicle agree with those on the | ||||||
25 | certificate of title;
| ||||||
26 | (3) a bill of sale properly executed on behalf of the |
| |||||||
| |||||||
1 | person;
| ||||||
2 | (4) a copy of the Uniform Invoice-transaction | ||||||
3 | reporting return
referred to in Section 5-402;
| ||||||
4 | (5) in the case of a rebuilt vehicle, a copy of the | ||||||
5 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
6 | (6) in the case of a vehicle for which the warranty has | ||||||
7 | been reinstated, a
copy of the warranty.
| ||||||
8 | (k) Except at the time of sale or repossession of the | ||||||
9 | vehicle, no
person licensed as a Buy Here, Pay Here used | ||||||
10 | vehicle dealer may issue any other person a newly
created key | ||||||
11 | to a vehicle unless the Buy Here, Pay Here used vehicle dealer | ||||||
12 | makes a color photocopy or electronic scan of the
driver's | ||||||
13 | license or State identification card of the person requesting | ||||||
14 | or
obtaining the newly created key. The Buy Here, Pay Here used | ||||||
15 | vehicle dealer must retain the photocopy or scan
for 30 days. | ||||||
16 | A Buy Here, Pay Here used vehicle dealer who violates this | ||||||
17 | subsection (k) is guilty of a
petty offense. Violation of this | ||||||
18 | subsection (k) is not cause to suspend,
revoke, cancel, or | ||||||
19 | deny renewal of the used vehicle dealer's license. | ||||||
20 | (l) A Buy Here, Pay Here used vehicle dealer licensed | ||||||
21 | under this Section shall provide the Secretary of State a | ||||||
22 | register for the sale at auction of each salvage or junk | ||||||
23 | certificate vehicle. Each register shall include the following | ||||||
24 | information: | ||||||
25 | (1) the year, make, model, style, and color of the | ||||||
26 | vehicle; |
| |||||||
| |||||||
1 | (2) the vehicle's manufacturer's identification number | ||||||
2 | or, if applicable, the Secretary of State or Illinois | ||||||
3 | Department of State Police identification number; | ||||||
4 | (3) the date of acquisition of the vehicle; | ||||||
5 | (4) the name and address of the person from whom the | ||||||
6 | vehicle was acquired; | ||||||
7 | (5) the name and address of the person to whom any | ||||||
8 | vehicle was disposed, the person's Illinois license number | ||||||
9 | or, if the person is an out-of-state salvage vehicle | ||||||
10 | buyer, the license number from the state or jurisdiction | ||||||
11 | where the buyer is licensed; and | ||||||
12 | (6) the purchase price of the vehicle. | ||||||
13 | The register shall be submitted to the Secretary of State | ||||||
14 | via written or electronic means within 10 calendar days from | ||||||
15 | the date of the auction. | ||||||
16 | (m) If a licensee under this Section voluntarily | ||||||
17 | surrenders a license to the Illinois Secretary of State Police | ||||||
18 | or a representative of the Secretary of State Vehicle Services | ||||||
19 | Department due to the licensee's inability to adhere to | ||||||
20 | recordkeeping provisions, or the inability to properly issue | ||||||
21 | certificates of title or registrations under this Code, or the | ||||||
22 | Secretary revokes a license under this Section, then the | ||||||
23 | licensee and the licensee's agent, designee, or legal | ||||||
24 | representative, if applicable, may not be named on a new | ||||||
25 | application for a licensee under this Section or under this | ||||||
26 | Chapter, nor is the licensee or the licensee's agent, |
| |||||||
| |||||||
1 | designee, or legal representative permitted to work for | ||||||
2 | another licensee under this Chapter in a recordkeeping, | ||||||
3 | management, or financial position or as an employee who | ||||||
4 | handles certificate of title and registration documents and | ||||||
5 | applications.
| ||||||
6 | (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22 .)
| ||||||
7 | (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
| ||||||
8 | Sec. 6-101. Drivers must have licenses or permits.
| ||||||
9 | (a) No person, except those expressly exempted by Section | ||||||
10 | 6-102, shall
drive any motor vehicle upon a highway in this | ||||||
11 | State unless such person has
a valid license or permit, or a | ||||||
12 | restricted driving permit, issued under the
provisions of this | ||||||
13 | Act.
| ||||||
14 | (b) No person shall drive a motor vehicle unless he holds a | ||||||
15 | valid
license or permit, or a restricted driving permit issued | ||||||
16 | under the
provisions of Section 6-205, 6-206, or 6-113 of this | ||||||
17 | Act. Any person to
whom a license is issued under the | ||||||
18 | provisions of this Act must surrender to
the Secretary of | ||||||
19 | State all valid licenses or permits, except that an applicant | ||||||
20 | for a non-domiciled commercial learner's permit or commercial | ||||||
21 | driver's license shall not be required to surrender a license | ||||||
22 | or permit issued by the applicant's state or country of | ||||||
23 | domicile. No drivers license or instruction permit
shall be | ||||||
24 | issued to any person who holds a valid Foreign State license,
| ||||||
25 | identification card, or permit
unless such person first |
| |||||||
| |||||||
1 | surrenders to the Secretary of State any such
valid Foreign | ||||||
2 | State license,
identification card, or permit.
| ||||||
3 | (b-5) Any person who commits a violation of subsection (a) | ||||||
4 | or (b) of this Section is guilty of a Class A misdemeanor, if | ||||||
5 | at the time of the violation the person's driver's license or | ||||||
6 | permit was cancelled under clause (a)9 of Section 6-201 of | ||||||
7 | this Code.
| ||||||
8 | (c) Any person licensed as a driver hereunder shall not be | ||||||
9 | required by
any city, village, incorporated town or other | ||||||
10 | municipal corporation to
obtain any other license to exercise | ||||||
11 | the privilege thereby granted.
| ||||||
12 | (d) In addition to other penalties imposed under this | ||||||
13 | Section, any person
in violation of this Section who is also in | ||||||
14 | violation of Section 7-601 of this
Code relating to mandatory | ||||||
15 | insurance requirements shall have his or her motor
vehicle | ||||||
16 | immediately impounded by the arresting law enforcement | ||||||
17 | officer. The
motor vehicle may be released to any licensed | ||||||
18 | driver upon a showing of proof of
insurance for the motor | ||||||
19 | vehicle that was impounded and the notarized written
consent | ||||||
20 | for the release by the vehicle owner.
| ||||||
21 | (e) In addition to other penalties imposed under this | ||||||
22 | Section, the
vehicle
of any person
in violation of this | ||||||
23 | Section who is also in violation of Section 7-601 of this
Code | ||||||
24 | relating to mandatory insurance requirements and who, in | ||||||
25 | violating this
Section, has caused death or personal injury to | ||||||
26 | another person is subject to
forfeiture under
Sections 36-1 |
| |||||||
| |||||||
1 | and 36-2 of the Criminal Code of 2012.
For the purposes of this | ||||||
2 | Section, a personal injury shall include
any type A injury as | ||||||
3 | indicated on the traffic crash accident report completed
by a | ||||||
4 | law enforcement officer that requires immediate professional | ||||||
5 | attention
in either a doctor's office or a medical facility. A | ||||||
6 | type A injury shall
include severely bleeding wounds, | ||||||
7 | distorted extremities, and injuries that
require the injured | ||||||
8 | party to be carried from the scene.
| ||||||
9 | (Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13; | ||||||
10 | 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. | ||||||
11 | 99-414 for the effective date of changes made by P.A. | ||||||
12 | 98-176).)
| ||||||
13 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| ||||||
14 | Sec. 6-106.1. School bus driver permit.
| ||||||
15 | (a) The Secretary of State shall issue a school bus driver
| ||||||
16 | permit to those applicants who have met all the requirements | ||||||
17 | of the
application and screening process under this Section to | ||||||
18 | insure the
welfare and safety of children who are transported | ||||||
19 | on school buses
throughout the State of Illinois. Applicants | ||||||
20 | shall obtain the
proper application required by the Secretary | ||||||
21 | of State from their
prospective or current employer and submit | ||||||
22 | the completed
application to the prospective or current | ||||||
23 | employer along
with the necessary fingerprint submission as | ||||||
24 | required by the Illinois
State Police to conduct fingerprint | ||||||
25 | based criminal background
checks on current and future |
| |||||||
| |||||||
1 | information available in the state
system and current | ||||||
2 | information available through the Federal Bureau
of | ||||||
3 | Investigation's system. Applicants who have completed the
| ||||||
4 | fingerprinting requirements shall not be subjected to the
| ||||||
5 | fingerprinting process when applying for subsequent permits or
| ||||||
6 | submitting proof of successful completion of the annual | ||||||
7 | refresher
course. Individuals who on July 1, 1995 (the | ||||||
8 | effective date of Public Act 88-612) possess a valid
school | ||||||
9 | bus driver permit that has been previously issued by the | ||||||
10 | appropriate
Regional School Superintendent are not subject to | ||||||
11 | the fingerprinting
provisions of this Section as long as the | ||||||
12 | permit remains valid and does not
lapse. The applicant shall | ||||||
13 | be required to pay all related
application and fingerprinting | ||||||
14 | fees as established by rule
including, but not limited to, the | ||||||
15 | amounts established by the Illinois
State Police and the | ||||||
16 | Federal Bureau of Investigation to process
fingerprint based | ||||||
17 | criminal background investigations. All fees paid for
| ||||||
18 | fingerprint processing services under this Section shall be | ||||||
19 | deposited into the
State Police Services Fund for the cost | ||||||
20 | incurred in processing the fingerprint
based criminal | ||||||
21 | background investigations. All other fees paid under this
| ||||||
22 | Section shall be deposited into the Road
Fund for the purpose | ||||||
23 | of defraying the costs of the Secretary of State in
| ||||||
24 | administering this Section. All applicants must:
| ||||||
25 | 1. be 21 years of age or older;
| ||||||
26 | 2. possess a valid and properly classified driver's |
| |||||||
| |||||||
1 | license
issued by the Secretary of State;
| ||||||
2 | 3. possess a valid driver's license, which has not | ||||||
3 | been
revoked, suspended, or canceled for 3 years | ||||||
4 | immediately prior to
the date of application, or have not | ||||||
5 | had his or her commercial motor vehicle
driving privileges
| ||||||
6 | disqualified within the 3 years immediately prior to the | ||||||
7 | date of application;
| ||||||
8 | 4. successfully pass a written test, administered by | ||||||
9 | the
Secretary of State, on school bus operation, school | ||||||
10 | bus safety, and
special traffic laws relating to school | ||||||
11 | buses and submit to a review
of the applicant's driving | ||||||
12 | habits by the Secretary of State at the time the
written | ||||||
13 | test is given;
| ||||||
14 | 5. demonstrate ability to exercise reasonable care in | ||||||
15 | the operation of
school buses in accordance with rules | ||||||
16 | promulgated by the Secretary of State;
| ||||||
17 | 6. demonstrate physical fitness to operate school | ||||||
18 | buses by
submitting the results of a medical examination, | ||||||
19 | including tests for drug
use for each applicant not | ||||||
20 | subject to such testing pursuant to
federal law, conducted | ||||||
21 | by a licensed physician, a licensed advanced practice | ||||||
22 | registered nurse, or a licensed physician assistant
within | ||||||
23 | 90 days of the date
of application according to standards | ||||||
24 | promulgated by the Secretary of State;
| ||||||
25 | 7. affirm under penalties of perjury that he or she | ||||||
26 | has not made a
false statement or knowingly concealed a |
| |||||||
| |||||||
1 | material fact
in any application for permit;
| ||||||
2 | 8. have completed an initial classroom course, | ||||||
3 | including first aid
procedures, in school bus driver | ||||||
4 | safety as promulgated by the Secretary of
State; and after | ||||||
5 | satisfactory completion of said initial course an annual
| ||||||
6 | refresher course; such courses and the agency or | ||||||
7 | organization conducting such
courses shall be approved by | ||||||
8 | the Secretary of State; failure to
complete the annual | ||||||
9 | refresher course, shall result in
cancellation of the | ||||||
10 | permit until such course is completed;
| ||||||
11 | 9. not have been under an order of court supervision | ||||||
12 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
13 | defined by rule, within one year prior to the date of | ||||||
14 | application that may
endanger the life or safety of any of | ||||||
15 | the driver's passengers within the
duration of the permit | ||||||
16 | period;
| ||||||
17 | 10. not have been under an order of court supervision | ||||||
18 | for or convicted of reckless driving, aggravated reckless | ||||||
19 | driving, driving while under the influence of alcohol, | ||||||
20 | other drug or drugs, intoxicating compound or compounds or | ||||||
21 | any combination thereof, or reckless homicide resulting | ||||||
22 | from the operation of a motor
vehicle within 3 years of the | ||||||
23 | date of application;
| ||||||
24 | 11. not have been convicted of committing or | ||||||
25 | attempting
to commit any
one or more of the following | ||||||
26 | offenses: (i) those offenses defined in
Sections 8-1, |
| |||||||
| |||||||
1 | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, | ||||||
2 | 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, | ||||||
3 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | ||||||
4 | 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, | ||||||
5 | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, | ||||||
6 | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
| ||||||
7 | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, | ||||||
8 | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, | ||||||
9 | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| ||||||
10 | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, | ||||||
11 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||||||
12 | 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, | ||||||
13 | 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
| ||||||
14 | 18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||||||
15 | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||||||
16 | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
| ||||||
17 | 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), | ||||||
18 | of Section 24-3, and those offenses contained in Article | ||||||
19 | 29D of the Criminal Code of 1961 or the Criminal Code of | ||||||
20 | 2012; (ii) those offenses defined in the
Cannabis Control | ||||||
21 | Act except those offenses defined in subsections (a) and
| ||||||
22 | (b) of Section 4, and subsection (a) of Section 5 of the | ||||||
23 | Cannabis Control
Act; (iii) those offenses defined in the | ||||||
24 | Illinois Controlled Substances
Act; (iv) those offenses | ||||||
25 | defined in the Methamphetamine Control and Community | ||||||
26 | Protection Act; and (v) any offense committed or attempted |
| |||||||
| |||||||
1 | in any other state or against
the laws of the United | ||||||
2 | States, which if committed or attempted in this
State | ||||||
3 | would be punishable as one or more of the foregoing | ||||||
4 | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 | ||||||
5 | of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | ||||||
7 | those offenses defined in Section 6-16 of the Liquor | ||||||
8 | Control Act of
1934;
and (viii) those offenses defined in | ||||||
9 | the Methamphetamine Precursor Control Act;
| ||||||
10 | 12. not have been repeatedly involved as a driver in | ||||||
11 | motor vehicle
collisions or been repeatedly convicted of | ||||||
12 | offenses against
laws and ordinances regulating the | ||||||
13 | movement of traffic, to a degree which
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 | 13. not have, through the unlawful operation of a | ||||||
19 | motor
vehicle, caused a crash an accident resulting in the | ||||||
20 | death of any person;
| ||||||
21 | 14. not have, within the last 5 years, been adjudged | ||||||
22 | to be
afflicted with or suffering from any mental | ||||||
23 | disability or disease;
| ||||||
24 | 15. consent, in writing, to the release of results of | ||||||
25 | reasonable suspicion drug and alcohol testing under | ||||||
26 | Section 6-106.1c of this Code by the employer of the |
| |||||||
| |||||||
1 | applicant to the Secretary of State; and | ||||||
2 | 16. not have been convicted of committing or | ||||||
3 | attempting to commit within the last 20 years: (i) an | ||||||
4 | offense defined in subsection (c) of Section 4, subsection | ||||||
5 | (b) of Section 5, and subsection (a) of Section 8 of the | ||||||
6 | Cannabis Control Act; or (ii) any offenses in any other | ||||||
7 | state or against the laws of the United States that, if | ||||||
8 | committed or attempted in this State, would be punishable | ||||||
9 | as one or more of the foregoing offenses. | ||||||
10 | (b) A school bus driver permit shall be valid for a period | ||||||
11 | specified by
the Secretary of State as set forth by rule. It | ||||||
12 | shall be renewable upon compliance with subsection (a) of this
| ||||||
13 | Section.
| ||||||
14 | (c) A school bus driver permit shall contain the holder's | ||||||
15 | driver's
license number, legal name, residence address, zip | ||||||
16 | code, and date
of birth, a brief description of the holder and | ||||||
17 | a space for signature. The
Secretary of State may require a | ||||||
18 | suitable photograph of the holder.
| ||||||
19 | (d) The employer shall be responsible for conducting a | ||||||
20 | pre-employment
interview with prospective school bus driver | ||||||
21 | candidates, distributing school
bus driver applications and | ||||||
22 | medical forms to be completed by the applicant, and
submitting | ||||||
23 | the applicant's fingerprint cards to the Illinois State Police
| ||||||
24 | that are required for the criminal background investigations. | ||||||
25 | The employer
shall certify in writing to the Secretary of | ||||||
26 | State that all pre-employment
conditions have been |
| |||||||
| |||||||
1 | successfully completed including the successful completion
of | ||||||
2 | an Illinois specific criminal background investigation through | ||||||
3 | the Illinois
State Police and the submission of necessary
| ||||||
4 | fingerprints to the Federal Bureau of Investigation for | ||||||
5 | criminal
history information available through the Federal | ||||||
6 | Bureau of
Investigation system. The applicant shall present | ||||||
7 | the
certification to the Secretary of State at the time of | ||||||
8 | submitting
the school bus driver permit application.
| ||||||
9 | (e) Permits shall initially be provisional upon receiving
| ||||||
10 | certification from the employer that all pre-employment | ||||||
11 | conditions
have been successfully completed, and upon | ||||||
12 | successful completion of
all training and examination | ||||||
13 | requirements for the classification of
the vehicle to be | ||||||
14 | operated, the Secretary of State shall
provisionally issue a | ||||||
15 | School Bus Driver Permit. The permit shall
remain in a | ||||||
16 | provisional status pending the completion of the
Federal | ||||||
17 | Bureau of Investigation's criminal background investigation | ||||||
18 | based
upon fingerprinting specimens submitted to the Federal | ||||||
19 | Bureau of
Investigation by the Illinois State Police. The | ||||||
20 | Federal Bureau of
Investigation shall report the findings | ||||||
21 | directly to the Secretary
of State. The Secretary of State | ||||||
22 | shall remove the bus driver
permit from provisional status | ||||||
23 | upon the applicant's successful
completion of the Federal | ||||||
24 | Bureau of Investigation's criminal
background investigation.
| ||||||
25 | (f) A school bus driver permit holder shall notify the
| ||||||
26 | employer and the Secretary of State if he or she is issued an |
| |||||||
| |||||||
1 | order of court supervision for or convicted in
another state | ||||||
2 | of an offense that would make him or her ineligible
for a | ||||||
3 | permit under subsection (a) of this Section. The
written | ||||||
4 | notification shall be made within 5 days of the entry of
the | ||||||
5 | order of court supervision or conviction. Failure of the | ||||||
6 | permit holder to provide the
notification is punishable as a | ||||||
7 | petty
offense for a first violation and a Class B misdemeanor | ||||||
8 | for a
second or subsequent violation.
| ||||||
9 | (g) Cancellation; suspension; notice and procedure.
| ||||||
10 | (1) The Secretary of State shall cancel a school bus
| ||||||
11 | driver permit of an applicant whose criminal background | ||||||
12 | investigation
discloses that he or she is not in | ||||||
13 | compliance with the provisions of subsection
(a) of this | ||||||
14 | Section.
| ||||||
15 | (2) The Secretary of State shall cancel a school
bus | ||||||
16 | driver permit when he or she receives notice that the | ||||||
17 | permit holder fails
to comply with any provision of this | ||||||
18 | Section or any rule promulgated for the
administration of | ||||||
19 | this Section.
| ||||||
20 | (3) The Secretary of State shall cancel a school bus
| ||||||
21 | driver permit if the permit holder's restricted commercial | ||||||
22 | or
commercial driving privileges are withdrawn or | ||||||
23 | otherwise
invalidated.
| ||||||
24 | (4) The Secretary of State may not issue a school bus
| ||||||
25 | driver permit for a period of 3 years to an applicant who | ||||||
26 | fails to
obtain a negative result on a drug test as |
| |||||||
| |||||||
1 | required in item 6 of
subsection (a) of this Section or | ||||||
2 | under federal law.
| ||||||
3 | (5) The Secretary of State shall forthwith suspend
a | ||||||
4 | school bus driver permit for a period of 3 years upon | ||||||
5 | receiving
notice that the holder has failed to obtain a | ||||||
6 | negative result on a
drug test as required in item 6 of | ||||||
7 | subsection (a) of this Section
or under federal law.
| ||||||
8 | (6) The Secretary of State shall suspend a school bus | ||||||
9 | driver permit for a period of 3 years upon receiving | ||||||
10 | notice from the employer that the holder failed to perform | ||||||
11 | the inspection procedure set forth in subsection (a) or | ||||||
12 | (b) of Section 12-816 of this Code. | ||||||
13 | (7) The Secretary of State shall suspend a school bus | ||||||
14 | driver permit for a period of 3 years upon receiving | ||||||
15 | notice from the employer that the holder refused to submit | ||||||
16 | to an alcohol or drug test as required by Section 6-106.1c | ||||||
17 | or has submitted to a test required by that Section which | ||||||
18 | disclosed an alcohol concentration of more than 0.00 or | ||||||
19 | disclosed a positive result on a National Institute on | ||||||
20 | Drug Abuse five-drug panel, utilizing federal standards | ||||||
21 | set forth in 49 CFR 40.87. | ||||||
22 | The Secretary of State shall notify the State | ||||||
23 | Superintendent
of Education and the permit holder's | ||||||
24 | prospective or current
employer that the applicant has (1) has | ||||||
25 | failed a criminal
background investigation or (2) is no
longer | ||||||
26 | eligible for a school bus driver permit; and of the related
|
| |||||||
| |||||||
1 | cancellation of the applicant's provisional school bus driver | ||||||
2 | permit. The
cancellation shall remain in effect pending the | ||||||
3 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
4 | The scope of the
hearing shall be limited to the issuance | ||||||
5 | criteria contained in
subsection (a) of this Section. A | ||||||
6 | petition requesting a
hearing shall be submitted to the | ||||||
7 | Secretary of State and shall
contain the reason the individual | ||||||
8 | feels he or she is entitled to a
school bus driver permit. The | ||||||
9 | permit holder's
employer shall notify in writing to the | ||||||
10 | Secretary of State
that the employer has certified the removal | ||||||
11 | of the offending school
bus driver from service prior to the | ||||||
12 | start of that school bus
driver's next workshift. An employing | ||||||
13 | school board that fails to
remove the offending school bus | ||||||
14 | driver from service is
subject to the penalties defined in | ||||||
15 | Section 3-14.23 of the School Code. A
school bus
contractor | ||||||
16 | who violates a provision of this Section is
subject to the | ||||||
17 | penalties defined in Section 6-106.11.
| ||||||
18 | All valid school bus driver permits issued under this | ||||||
19 | Section
prior to January 1, 1995, shall remain effective until | ||||||
20 | their
expiration date unless otherwise invalidated.
| ||||||
21 | (h) When a school bus driver permit holder who is a service | ||||||
22 | member is called to active duty, the employer of the permit | ||||||
23 | holder shall notify the Secretary of State, within 30 days of | ||||||
24 | notification from the permit holder, that the permit holder | ||||||
25 | has been called to active duty. Upon notification pursuant to | ||||||
26 | this subsection, (i) the Secretary of State shall characterize |
| |||||||
| |||||||
1 | the permit as inactive until a permit holder renews the permit | ||||||
2 | as provided in subsection (i) of this Section, and (ii) if a | ||||||
3 | permit holder fails to comply with the requirements of this | ||||||
4 | Section while called to active duty, the Secretary of State | ||||||
5 | shall not characterize the permit as invalid. | ||||||
6 | (i) A school bus driver permit holder who is a service | ||||||
7 | member returning from active duty must, within 90 days, renew | ||||||
8 | a permit characterized as inactive pursuant to subsection (h) | ||||||
9 | of this Section by complying with the renewal requirements of | ||||||
10 | subsection (b) of this Section. | ||||||
11 | (j) For purposes of subsections (h) and (i) of this | ||||||
12 | Section: | ||||||
13 | "Active duty" means active duty pursuant to an executive | ||||||
14 | order of the President of the United States, an act of the | ||||||
15 | Congress of the United States, or an order of the Governor. | ||||||
16 | "Service member" means a member of the Armed Services or | ||||||
17 | reserve forces of the United States or a member of the Illinois | ||||||
18 | National Guard. | ||||||
19 | (k) A private carrier employer of a school bus driver | ||||||
20 | permit holder, having satisfied the employer requirements of | ||||||
21 | this Section, shall be held to a standard of ordinary care for | ||||||
22 | intentional acts committed in the course of employment by the | ||||||
23 | bus driver permit holder. This subsection (k) shall in no way | ||||||
24 | limit the liability of the private carrier employer for | ||||||
25 | violation of any provision of this Section or for the | ||||||
26 | negligent hiring or retention of a school bus driver permit |
| |||||||
| |||||||
1 | holder. | ||||||
2 | (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; | ||||||
3 | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised | ||||||
4 | 10-13-21.)
| ||||||
5 | (625 ILCS 5/6-106.1a)
| ||||||
6 | Sec. 6-106.1a. Cancellation of school bus driver permit; | ||||||
7 | trace of alcohol.
| ||||||
8 | (a) A person who has been issued a school bus driver permit | ||||||
9 | by the Secretary
of State in accordance with Section 6-106.1 | ||||||
10 | of this Code and who drives or is
in actual physical control of | ||||||
11 | a school bus
or any other vehicle owned or operated by or for a | ||||||
12 | public or private
school, or a school operated by a religious | ||||||
13 | institution, when the vehicle is
being used over a regularly | ||||||
14 | scheduled route for the transportation of persons
enrolled as | ||||||
15 | students in grade 12 or below, in connection with any activity | ||||||
16 | of
the entities listed, upon the public highways of this State | ||||||
17 | shall be
deemed to have given consent to a chemical test or | ||||||
18 | tests of blood, breath, other bodily substance, or
urine for | ||||||
19 | the purpose of determining the alcohol content of the person's | ||||||
20 | blood
if arrested, as evidenced
by the issuance of a Uniform | ||||||
21 | Traffic Ticket for any violation of this
Code or a similar | ||||||
22 | provision of a local ordinance, if a police officer
has | ||||||
23 | probable cause to believe that the driver has consumed any | ||||||
24 | amount of an
alcoholic beverage based upon evidence of the | ||||||
25 | driver's physical condition
or other first hand knowledge of |
| |||||||
| |||||||
1 | the police officer. The test or tests shall
be administered at | ||||||
2 | the direction of the arresting officer. The law enforcement
| ||||||
3 | agency employing the officer shall designate which of the | ||||||
4 | aforesaid tests shall
be administered. A urine or other bodily | ||||||
5 | substance test may be administered even after a blood or | ||||||
6 | breath
test or both has been administered.
| ||||||
7 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
8 | in a condition
rendering that person incapable of refusal, | ||||||
9 | shall be deemed not to have
withdrawn the consent provided by | ||||||
10 | paragraph (a) of this Section and the test or
tests may be | ||||||
11 | administered subject to the following provisions:
| ||||||
12 | (1) Chemical analysis of the person's blood, urine, | ||||||
13 | breath, or
other bodily substance,
to be considered valid | ||||||
14 | under the provisions of this Section, shall have been
| ||||||
15 | performed according to standards promulgated by the | ||||||
16 | Illinois State Police by an
individual
possessing a valid | ||||||
17 | permit issued by the Illinois State Police for this
| ||||||
18 | purpose. The
Director of the Illinois State Police is | ||||||
19 | authorized to approve satisfactory techniques
or
methods, | ||||||
20 | to ascertain the qualifications and competence of | ||||||
21 | individuals to
conduct analyses, to issue
permits that | ||||||
22 | shall be subject to termination or revocation at the | ||||||
23 | direction of
the Illinois State Police, and to certify the
| ||||||
24 | accuracy of breath testing
equipment. The
Illinois State | ||||||
25 | Police shall prescribe rules as
necessary.
| ||||||
26 | (2) When a person submits to a blood test at the |
| |||||||
| |||||||
1 | request of a law
enforcement officer under the provisions | ||||||
2 | of this Section, only a physician
authorized to practice | ||||||
3 | medicine, a licensed physician assistant, a licensed | ||||||
4 | advanced practice registered nurse, a registered nurse, or | ||||||
5 | other qualified person
trained in venipuncture and acting | ||||||
6 | under the direction of a licensed physician
may withdraw | ||||||
7 | blood for the purpose of determining the alcohol content.
| ||||||
8 | This limitation does not apply to the taking of breath, | ||||||
9 | other bodily substance, or urine specimens.
| ||||||
10 | (3) The person tested may have a physician, qualified | ||||||
11 | technician, chemist,
registered nurse, or other qualified | ||||||
12 | person of his or her own choosing
administer a chemical | ||||||
13 | test or tests in addition to any test or tests
| ||||||
14 | administered at the direction of a law enforcement | ||||||
15 | officer. The test
administered at the request of the | ||||||
16 | person may be admissible into evidence at a
hearing | ||||||
17 | conducted in accordance with Section 2-118 of this Code. | ||||||
18 | The failure
or inability to obtain an additional test by a | ||||||
19 | person shall not preclude the
consideration of the | ||||||
20 | previously performed chemical test.
| ||||||
21 | (4) Upon a request of the person who submits to a | ||||||
22 | chemical test or tests
at the request of a law enforcement | ||||||
23 | officer, full information concerning the
test or tests | ||||||
24 | shall be made available to the person or that person's
| ||||||
25 | attorney by the requesting law enforcement agency within | ||||||
26 | 72 hours of receipt of
the test result.
|
| |||||||
| |||||||
1 | (5) Alcohol concentration means either grams of | ||||||
2 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
3 | per 210 liters of breath.
| ||||||
4 | (6) If a driver is receiving medical treatment as a | ||||||
5 | result of a motor
vehicle crash accident , a physician | ||||||
6 | licensed to practice medicine, licensed physician | ||||||
7 | assistant, licensed advanced practice registered nurse, | ||||||
8 | registered nurse,
or other qualified person trained in | ||||||
9 | venipuncture and acting under the
direction of a
licensed | ||||||
10 | physician shall withdraw blood for testing purposes to | ||||||
11 | ascertain the
presence of alcohol upon the specific | ||||||
12 | request of a law enforcement officer.
However, that | ||||||
13 | testing shall not be performed until, in the opinion of | ||||||
14 | the
medical personnel on scene, the withdrawal can be made | ||||||
15 | without interfering with
or endangering the well-being of | ||||||
16 | the patient.
| ||||||
17 | (c) A person requested to submit to a test as provided in | ||||||
18 | this Section shall
be warned
by the law enforcement officer | ||||||
19 | requesting the test that a refusal to submit to
the test, or
| ||||||
20 | submission to the test resulting in an alcohol concentration | ||||||
21 | of more than 0.00,
may result
in the loss of that person's | ||||||
22 | privilege to possess a school bus driver
permit. The loss of | ||||||
23 | the individual's privilege to possess a school bus driver
| ||||||
24 | permit shall be imposed in accordance with Section 6-106.1b of | ||||||
25 | this Code. A person requested to submit to a test under this | ||||||
26 | Section shall also acknowledge, in writing, receipt of the |
| |||||||
| |||||||
1 | warning required under this subsection (c). If the person | ||||||
2 | refuses to acknowledge receipt of the warning, the law | ||||||
3 | enforcement officer shall make a written notation on the | ||||||
4 | warning that the person refused to sign the warning. A | ||||||
5 | person's refusal to sign the warning shall not be evidence | ||||||
6 | that the person was not read the warning.
| ||||||
7 | (d) If the person refuses testing or submits to a test that | ||||||
8 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
9 | enforcement officer shall
immediately submit a sworn report to | ||||||
10 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
11 | State certifying that the test or tests were
requested under | ||||||
12 | subsection (a) and the person refused to submit to a test or
| ||||||
13 | tests or submitted to testing which disclosed an alcohol | ||||||
14 | concentration of more
than 0.00. The law enforcement officer | ||||||
15 | shall submit the same sworn report when
a person who has been | ||||||
16 | issued a school bus driver permit and who was operating a
| ||||||
17 | school bus or any other vehicle owned
or operated by or for a | ||||||
18 | public or private school, or a school operated by a
religious | ||||||
19 | institution, when the vehicle is being used over a regularly
| ||||||
20 | scheduled route for the transportation of persons enrolled as | ||||||
21 | students in grade
12 or below, in connection with
any activity | ||||||
22 | of the entities listed, submits to testing under Section | ||||||
23 | 11-501.1
of this Code and the testing discloses an alcohol | ||||||
24 | concentration of more than
0.00 and less than the alcohol | ||||||
25 | concentration at which driving or being in
actual physical | ||||||
26 | control of a motor vehicle is prohibited under paragraph (1) |
| |||||||
| |||||||
1 | of
subsection (a) of Section 11-501.
| ||||||
2 | Upon receipt of the sworn report of a law enforcement | ||||||
3 | officer, the Secretary
of State shall enter the school bus | ||||||
4 | driver permit sanction on the
individual's driving record and | ||||||
5 | the sanction shall be effective on the
46th day following the | ||||||
6 | date notice of the sanction was given to the person.
| ||||||
7 | The law enforcement officer submitting the sworn report | ||||||
8 | shall serve immediate
notice of this school bus driver permit | ||||||
9 | sanction on the person and the sanction
shall be effective on | ||||||
10 | the 46th day following the date notice was given.
| ||||||
11 | In cases where the blood alcohol concentration of more | ||||||
12 | than 0.00 is
established by a subsequent analysis of blood, | ||||||
13 | other bodily substance, or urine, the police officer or
| ||||||
14 | arresting agency shall give notice as provided in this Section | ||||||
15 | or by deposit in
the United States mail of that notice in an | ||||||
16 | envelope with postage prepaid and
addressed to that person at | ||||||
17 | his or her last known address and the loss of the
school
bus | ||||||
18 | driver permit shall be effective on the 46th day following the | ||||||
19 | date notice
was given.
| ||||||
20 | Upon receipt of the sworn report of a law enforcement | ||||||
21 | officer, the Secretary
of State shall also give notice of the | ||||||
22 | school bus driver permit sanction to the
driver and the | ||||||
23 | driver's current employer by mailing a notice of the effective
| ||||||
24 | date of the sanction to the individual. However, shall the | ||||||
25 | sworn report be
defective by not containing sufficient | ||||||
26 | information or be completed in error,
the notice of the school |
| |||||||
| |||||||
1 | bus driver permit sanction may not be mailed to the
person or | ||||||
2 | his current employer or entered to the driving record,
but | ||||||
3 | rather the sworn report shall be returned to the issuing law | ||||||
4 | enforcement
agency.
| ||||||
5 | (e) A driver may contest this school bus driver permit | ||||||
6 | sanction by
requesting an administrative hearing with the | ||||||
7 | Secretary of State in accordance
with Section 2-118 of this | ||||||
8 | Code. An individual whose blood alcohol
concentration is shown | ||||||
9 | to be more than 0.00 is not subject to this Section if
he or | ||||||
10 | she consumed alcohol in the performance of a religious service | ||||||
11 | or
ceremony. An individual whose blood alcohol concentration | ||||||
12 | is shown to be more
than 0.00 shall not be subject to this | ||||||
13 | Section if the individual's blood
alcohol concentration | ||||||
14 | resulted only from ingestion of the prescribed or
recommended | ||||||
15 | dosage of medicine that contained alcohol. The petition for | ||||||
16 | that
hearing shall not stay or delay the effective date of the | ||||||
17 | impending suspension.
The scope of this hearing shall be | ||||||
18 | limited to the issues of:
| ||||||
19 | (1) whether the police officer had probable cause to | ||||||
20 | believe that the
person was driving or in actual physical | ||||||
21 | control of a school bus
or any other vehicle owned or | ||||||
22 | operated by or for a
public or private school, or a
school | ||||||
23 | operated by a religious institution, when the vehicle is | ||||||
24 | being used
over a regularly scheduled route for the | ||||||
25 | transportation of persons enrolled as
students in grade 12 | ||||||
26 | or below, in connection with any activity of the entities
|
| |||||||
| |||||||
1 | listed, upon the public highways of the State and the | ||||||
2 | police officer had reason
to believe that the person was | ||||||
3 | in violation of any provision of this
Code or a similar | ||||||
4 | provision of a local ordinance; and
| ||||||
5 | (2) whether the person was issued a Uniform Traffic | ||||||
6 | Ticket for any
violation of this Code or a similar | ||||||
7 | provision of a local
ordinance; and
| ||||||
8 | (3) whether the police officer had probable cause to | ||||||
9 | believe that the
driver had
consumed any amount of an | ||||||
10 | alcoholic beverage based upon the driver's
physical | ||||||
11 | actions or other first-hand knowledge of the police | ||||||
12 | officer; and
| ||||||
13 | (4) whether the person, after being advised by the | ||||||
14 | officer that the
privilege to possess a school bus driver | ||||||
15 | permit would be canceled if the person
refused to submit | ||||||
16 | to and complete the test or tests, did refuse to submit to | ||||||
17 | or
complete the test or tests to determine the person's | ||||||
18 | alcohol concentration; and
| ||||||
19 | (5) whether the person, after being advised by the | ||||||
20 | officer that the
privileges to possess a school bus driver | ||||||
21 | permit would be canceled if the
person submits to a | ||||||
22 | chemical test or tests and the test or tests disclose an
| ||||||
23 | alcohol concentration of more than 0.00 and
the person did | ||||||
24 | submit to and complete the test or tests that determined | ||||||
25 | an
alcohol concentration of more than 0.00; and
| ||||||
26 | (6) whether the test result of an alcohol |
| |||||||
| |||||||
1 | concentration of more than 0.00
was based upon the | ||||||
2 | person's consumption of alcohol in the performance of a
| ||||||
3 | religious service or ceremony; and
| ||||||
4 | (7) whether the test result of an alcohol | ||||||
5 | concentration of more than 0.00
was based upon the | ||||||
6 | person's consumption of alcohol through ingestion of the
| ||||||
7 | prescribed or recommended dosage of medicine.
| ||||||
8 | The Secretary of State may adopt administrative rules | ||||||
9 | setting forth
circumstances under which the holder of a school | ||||||
10 | bus driver permit is not
required to
appear in
person at the | ||||||
11 | hearing.
| ||||||
12 | Provided that the petitioner may subpoena the officer, the | ||||||
13 | hearing may be
conducted upon a review of the law enforcement | ||||||
14 | officer's own official
reports. Failure of the officer to | ||||||
15 | answer the subpoena shall be grounds for a
continuance if, in | ||||||
16 | the hearing officer's discretion, the continuance is
| ||||||
17 | appropriate. At the conclusion of the hearing held under | ||||||
18 | Section 2-118 of this
Code, the Secretary of State may | ||||||
19 | rescind, continue, or modify
the school bus driver permit | ||||||
20 | sanction.
| ||||||
21 | (f) The results of any chemical testing performed in | ||||||
22 | accordance with
subsection (a) of this Section are not | ||||||
23 | admissible in any civil or criminal
proceeding, except that | ||||||
24 | the results
of the testing may be considered at a hearing held | ||||||
25 | under Section 2-118 of this
Code. However, the results of the | ||||||
26 | testing may not be used to impose
driver's license sanctions |
| |||||||
| |||||||
1 | under Section 11-501.1 of this Code. A law
enforcement officer | ||||||
2 | may, however, pursue a statutory summary suspension or | ||||||
3 | revocation of
driving privileges under Section 11-501.1 of | ||||||
4 | this Code if other physical
evidence or first hand knowledge | ||||||
5 | forms the basis of that suspension or revocation.
| ||||||
6 | (g) This Section applies only to drivers who have been | ||||||
7 | issued a school bus
driver permit in accordance with Section | ||||||
8 | 6-106.1 of this Code at the time of
the issuance of the Uniform | ||||||
9 | Traffic Ticket for a violation of this
Code or a similar | ||||||
10 | provision of a local ordinance, and a chemical test
request is | ||||||
11 | made under this Section.
| ||||||
12 | (h) The action of the Secretary of State in suspending, | ||||||
13 | revoking, canceling,
or denying any license, permit, | ||||||
14 | registration, or certificate of title shall be
subject to | ||||||
15 | judicial review in the Circuit Court of Sangamon County or in | ||||||
16 | the
Circuit Court of Cook County, and the provisions of the | ||||||
17 | Administrative Review
Law and its rules are hereby adopted and | ||||||
18 | shall apply to and govern every
action for the judicial review | ||||||
19 | of final acts or decisions of the Secretary of
State under this | ||||||
20 | Section.
| ||||||
21 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
22 | (625 ILCS 5/6-106.2) (from Ch. 95 1/2, par. 6-106.2)
| ||||||
23 | Sec. 6-106.2. Religious organization bus driver. A | ||||||
24 | religious
organization bus driver shall meet the following | ||||||
25 | requirements:
|
| |||||||
| |||||||
1 | 1. is 21 years of age or older;
| ||||||
2 | 2. has a valid and properly classified driver's
| ||||||
3 | license issued by the
Secretary of State;
| ||||||
4 | 3. has held a valid driver's license, not necessarily | ||||||
5 | of the same
classification, for
3 years prior to the date
| ||||||
6 | of application. A lapse in the renewal of the driver's | ||||||
7 | license of 30 days or less shall not render the applicant | ||||||
8 | ineligible. The Secretary of State may, in his or her | ||||||
9 | discretion, grant a waiver for a lapse in the renewal of | ||||||
10 | the driver's license in excess of 30 days;
| ||||||
11 | 4. has demonstrated an ability to exercise reasonable
| ||||||
12 | care in the safe
operation of religious
organization buses | ||||||
13 | in accordance with such standards as the Secretary of
| ||||||
14 | State prescribes
including a driving test in a religious | ||||||
15 | organization bus; and
| ||||||
16 | 5. has not been convicted of any of the following | ||||||
17 | offenses within 3 years of the
date of application: | ||||||
18 | Sections 11-401 (leaving the scene of a traffic
crash | ||||||
19 | accident involving death or personal injury), 11-501 | ||||||
20 | (driving under the
influence), 11-503 (reckless driving), | ||||||
21 | 11-504 (drag racing), and 11-506 (street racing) of this | ||||||
22 | Code, or Sections
9-3 (manslaughter or reckless homicide) | ||||||
23 | and 12-5 (reckless conduct arising
from the use of a motor | ||||||
24 | vehicle) of the Criminal Code of 1961 or the Criminal Code | ||||||
25 | of 2012.
| ||||||
26 | (Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15 .)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-106.3) (from Ch. 95 1/2, par. 6-106.3)
| ||||||
2 | Sec. 6-106.3. Senior citizen transportation - driver. A | ||||||
3 | driver of a
vehicle operated solely for the purpose of | ||||||
4 | providing transportation for
the elderly in connection with | ||||||
5 | the activities of any public or private
organization
shall | ||||||
6 | meet the following requirements:
| ||||||
7 | (1) is 21 years of age or older;
| ||||||
8 | (2) has a valid and properly classified driver's | ||||||
9 | license issued by the
Secretary of State;
| ||||||
10 | (3) has had a valid driver's license, not necessarily
| ||||||
11 | of the same classification, for 3 years prior to the date | ||||||
12 | of application. A lapse in the renewal of the driver's | ||||||
13 | license of 30 days or less shall not render the applicant | ||||||
14 | ineligible. The Secretary of State may, in his or her | ||||||
15 | discretion, grant a waiver for a lapse in the renewal of | ||||||
16 | the driver's license in excess of 30 days;
| ||||||
17 | (4) has demonstrated his ability to exercise | ||||||
18 | reasonable care in the safe
operation of a motor vehicle | ||||||
19 | which will be utilized to transport persons
in accordance | ||||||
20 | with such standards as the Secretary of State prescribes
| ||||||
21 | including
a driving test in such motor vehicle; and
| ||||||
22 | (5) has not been convicted of any of the following | ||||||
23 | offenses within
3 years of the date of application:
| ||||||
24 | Sections 11-401 (leaving the scene of a traffic crash | ||||||
25 | accident involving death
or personal injury), 11-501 |
| |||||||
| |||||||
1 | (driving under the influence), 11-503 (reckless
driving), | ||||||
2 | 11-504 (drag racing), and 11-506 (street racing) of this | ||||||
3 | Code, or Sections 9-3 (manslaughter
or reckless
homicide) | ||||||
4 | and 12-5 (reckless conduct arising from the use of a motor
| ||||||
5 | vehicle) of the Criminal Code of 1961 or the Criminal Code | ||||||
6 | of 2012.
| ||||||
7 | (Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15 .)
| ||||||
8 | (625 ILCS 5/6-106.4) (from Ch. 95 1/2, par. 6-106.4)
| ||||||
9 | Sec. 6-106.4. For-profit ridesharing arrangement - driver. | ||||||
10 | No person
may drive a commuter van while it is being used for a | ||||||
11 | for-profit ridesharing
arrangement unless such person:
| ||||||
12 | (1) is 21 years of age or older;
| ||||||
13 | (2) has a valid and properly classified driver's | ||||||
14 | license issued by the
Secretary of State;
| ||||||
15 | (3) has held a valid driver's license, not necessarily
| ||||||
16 | of the same classification,
for 3 years prior to the date | ||||||
17 | of application. A lapse in the renewal of the driver's | ||||||
18 | license of 30 days or less shall not render the applicant | ||||||
19 | ineligible. The Secretary of State may, in his or her | ||||||
20 | discretion, grant a waiver for a lapse in the renewal of | ||||||
21 | the driver's license in excess of 30 days;
| ||||||
22 | (4) has demonstrated his ability to exercise | ||||||
23 | reasonable care in the safe
operation of commuter vans | ||||||
24 | used in for-profit ridesharing arrangements in
accordance | ||||||
25 | with such standards as the Secretary of State may |
| |||||||
| |||||||
1 | prescribe,
which standards may require a driving test in a | ||||||
2 | commuter van; and
| ||||||
3 | (5) has not been convicted of any of the following | ||||||
4 | offenses within
3 years of the date of
application: | ||||||
5 | Sections 11-401 (leaving the scene of a traffic
crash | ||||||
6 | accident involving death or personal injury), 11-501 | ||||||
7 | (driving under
the influence), 11-503 (reckless driving), | ||||||
8 | 11-504 (drag racing), and 11-506 (street racing) of this
| ||||||
9 | Code, or
Sections 9-3 (manslaughter or reckless homicide) | ||||||
10 | and 12-5 (reckless conduct
arising from the use of a motor | ||||||
11 | vehicle) of the Criminal Code of 1961 or the Criminal Code | ||||||
12 | of 2012.
| ||||||
13 | (Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15 .)
| ||||||
14 | (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| ||||||
15 | Sec. 6-107. Graduated license.
| ||||||
16 | (a) The purpose of the Graduated
Licensing Program is to | ||||||
17 | develop safe and mature driving habits in young,
inexperienced | ||||||
18 | drivers and reduce or prevent motor vehicle crashes accidents ,
| ||||||
19 | fatalities,
and injuries by:
| ||||||
20 | (1) providing for an increase in the time of practice | ||||||
21 | period before
granting
permission to obtain a driver's | ||||||
22 | license;
| ||||||
23 | (2) strengthening driver licensing and testing | ||||||
24 | standards for persons under
the age of 21 years;
| ||||||
25 | (3) sanctioning driving privileges of drivers under |
| |||||||
| |||||||
1 | age 21 who have
committed serious traffic violations or | ||||||
2 | other specified offenses; and
| ||||||
3 | (4) setting stricter standards to promote the public's | ||||||
4 | health and
safety.
| ||||||
5 | (b) The application of any person under
the age of 18 | ||||||
6 | years, and not legally emancipated, for a drivers
license or | ||||||
7 | permit to operate a motor vehicle issued under the laws of this
| ||||||
8 | State, shall be accompanied by the written consent of either | ||||||
9 | parent of the
applicant; otherwise by the guardian having | ||||||
10 | custody of the applicant, or
in the event there is no parent or | ||||||
11 | guardian, then by another responsible adult. The written | ||||||
12 | consent must accompany any application for a driver's license | ||||||
13 | under this subsection (b), regardless of whether or not the | ||||||
14 | required written consent also accompanied the person's | ||||||
15 | previous application for an instruction permit.
| ||||||
16 | No graduated driver's license shall be issued to any | ||||||
17 | applicant under 18
years
of age, unless the applicant is at | ||||||
18 | least 16 years of age and has:
| ||||||
19 | (1) Held a valid instruction permit for a minimum of 9 | ||||||
20 | months.
| ||||||
21 | (2) Passed an approved driver education course
and | ||||||
22 | submits proof of having passed the course as may
be | ||||||
23 | required.
| ||||||
24 | (3) Certification by the parent, legal guardian, or | ||||||
25 | responsible adult that
the applicant has had a minimum of | ||||||
26 | 50 hours of behind-the-wheel practice time, at least 10 |
| |||||||
| |||||||
1 | hours of which have been at night,
and is sufficiently | ||||||
2 | prepared and able to safely operate a motor vehicle.
| ||||||
3 | (b-1) No graduated
driver's license shall be issued to any | ||||||
4 | applicant who is under 18 years of age
and not legally | ||||||
5 | emancipated, unless the applicant has graduated
from a | ||||||
6 | secondary school of this State or any other state, is enrolled | ||||||
7 | in a
course leading to a high school equivalency certificate, | ||||||
8 | has
obtained a high school equivalency certificate, is | ||||||
9 | enrolled in an elementary or secondary school or college or | ||||||
10 | university
of this State or any other state and is not a | ||||||
11 | chronic or habitual truant as provided in Section 26-2a of the | ||||||
12 | School Code, or is receiving home instruction and submits | ||||||
13 | proof of meeting any of those
requirements at the time of | ||||||
14 | application.
| ||||||
15 | An applicant under 18 years of age who provides proof | ||||||
16 | acceptable to the Secretary that the applicant has resumed | ||||||
17 | regular school attendance or home instruction or that his or | ||||||
18 | her application was denied in error shall be eligible to | ||||||
19 | receive a graduated license if other requirements are met. The | ||||||
20 | Secretary shall adopt rules for implementing this subsection | ||||||
21 | (b-1).
| ||||||
22 | (c) No graduated driver's license or permit shall be | ||||||
23 | issued to
any applicant under 18
years of age who has committed | ||||||
24 | the offense of operating a motor vehicle
without a valid | ||||||
25 | license or permit in violation of Section 6-101 of this Code
or | ||||||
26 | a similar out of state offense and no graduated driver's
|
| |||||||
| |||||||
1 | license or permit shall be issued to any applicant under 18 | ||||||
2 | years of age
who has committed an offense that would otherwise | ||||||
3 | result in a
mandatory revocation of a license or permit as | ||||||
4 | provided in Section 6-205 of
this Code or who has been either | ||||||
5 | convicted of or adjudicated a delinquent based
upon a | ||||||
6 | violation of the Cannabis Control Act, the Illinois Controlled
| ||||||
7 | Substances Act, the Use of Intoxicating Compounds Act, or the | ||||||
8 | Methamphetamine Control and Community Protection Act while | ||||||
9 | that individual was in actual physical control of a motor
| ||||||
10 | vehicle. For purposes of this Section, any person placed on | ||||||
11 | probation under
Section 10 of the Cannabis Control Act, | ||||||
12 | Section 410 of the Illinois
Controlled Substances Act, or | ||||||
13 | Section 70 of the Methamphetamine Control and Community | ||||||
14 | Protection Act shall not be considered convicted. Any person | ||||||
15 | found
guilty of this offense, while in actual physical control | ||||||
16 | of a motor vehicle,
shall have an entry made in the court | ||||||
17 | record by the judge that this offense did
occur while the | ||||||
18 | person was in actual physical control of a motor vehicle and
| ||||||
19 | order the clerk of the court to report the violation to the | ||||||
20 | Secretary of State
as such.
| ||||||
21 | (d) No graduated driver's license shall be issued for 9 | ||||||
22 | months to any
applicant
under
the
age of 18 years who has | ||||||
23 | committed and subsequently been convicted of an offense | ||||||
24 | against traffic regulations governing the movement of | ||||||
25 | vehicles, any violation of this Section or Section 12-603.1 of | ||||||
26 | this Code, or who has received a disposition of court |
| |||||||
| |||||||
1 | supervision for a violation of Section 6-20 of the Illinois | ||||||
2 | Liquor Control Act of 1934 or a similar provision of a local | ||||||
3 | ordinance.
| ||||||
4 | (e) No graduated driver's license holder under the age
of | ||||||
5 | 18 years shall operate any
motor vehicle, except a motor | ||||||
6 | driven cycle or motorcycle, with
more than one passenger in | ||||||
7 | the front seat of the motor vehicle
and no more passengers in | ||||||
8 | the back seats than the number of available seat
safety belts | ||||||
9 | as set forth in Section 12-603 of this Code. If a graduated | ||||||
10 | driver's license holder over the age of 18 committed an | ||||||
11 | offense against traffic regulations governing the movement of | ||||||
12 | vehicles or any violation of this Section or Section 12-603.1 | ||||||
13 | of this Code in the 6 months prior to the graduated driver's | ||||||
14 | license holder's 18th birthday, and was subsequently convicted | ||||||
15 | of the violation, the provisions of this paragraph shall | ||||||
16 | continue to apply until such time as a period of 6 consecutive | ||||||
17 | months has elapsed without an additional violation and | ||||||
18 | subsequent conviction of an offense against traffic | ||||||
19 | regulations governing the movement of vehicles or any | ||||||
20 | violation of this Section or Section 12-603.1 of this Code.
| ||||||
21 | (f) (Blank).
| ||||||
22 | (g) If a graduated driver's license holder is under the | ||||||
23 | age of 18 when he
or she receives the license, for the first 12 | ||||||
24 | months he or she holds the license
or
until he or she reaches | ||||||
25 | the age of 18, whichever occurs sooner, the graduated
license
| ||||||
26 | holder may not operate a motor vehicle with more than one |
| |||||||
| |||||||
1 | passenger in the
vehicle
who is under the age of 20, unless any | ||||||
2 | additional passenger or passengers are
siblings, | ||||||
3 | step-siblings, children, or stepchildren of the driver. If a | ||||||
4 | graduated driver's license holder committed an offense against | ||||||
5 | traffic regulations governing the movement of vehicles or any | ||||||
6 | violation of this Section or Section 12-603.1 of this Code | ||||||
7 | during the first 12 months the license is held and | ||||||
8 | subsequently is convicted of the violation, the provisions of | ||||||
9 | this paragraph shall remain in effect until such time as a | ||||||
10 | period of 6 consecutive months has elapsed without an | ||||||
11 | additional violation and subsequent conviction of an offense | ||||||
12 | against traffic regulations governing the movement of vehicles | ||||||
13 | or any violation of this Section or Section 12-603.1 of this | ||||||
14 | Code.
| ||||||
15 | (h) It shall be an offense for a person that is age 15, but | ||||||
16 | under age 20, to be a passenger in a vehicle operated by a | ||||||
17 | driver holding a graduated driver's license during the first | ||||||
18 | 12 months the driver holds the license or until the driver | ||||||
19 | reaches the age of 18, whichever occurs sooner, if another | ||||||
20 | passenger under the age of 20 is present, excluding a sibling, | ||||||
21 | step-sibling, child, or step-child of the driver.
| ||||||
22 | (i) No graduated driver's license shall be issued to any | ||||||
23 | applicant under the age of 18 years if the applicant has been | ||||||
24 | issued a traffic citation for which a disposition has not been | ||||||
25 | rendered at the time of application. | ||||||
26 | (Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12; |
| |||||||
| |||||||
1 | 98-168, eff. 1-1-14; 98-718, eff. 1-1-15 .)
| ||||||
2 | (625 ILCS 5/6-107.5) | ||||||
3 | Sec. 6-107.5. Adult Driver Education Course. | ||||||
4 | (a) The Secretary shall establish by rule the curriculum | ||||||
5 | and designate the materials to be used in an adult driver | ||||||
6 | education course. The course shall be at least 6 hours in | ||||||
7 | length and shall include instruction on traffic laws; highway | ||||||
8 | signs, signals, and markings that regulate, warn, or direct | ||||||
9 | traffic; issues commonly associated with motor vehicle crashes | ||||||
10 | accidents including poor decision-making, risk taking, | ||||||
11 | impaired driving, distraction, speed, failure to use a safety | ||||||
12 | belt, driving at night, failure to yield the right-of-way, | ||||||
13 | texting while driving, using wireless communication devices, | ||||||
14 | and alcohol and drug awareness; and instruction on law | ||||||
15 | enforcement procedures during traffic stops, including actions | ||||||
16 | that a motorist should take during a traffic stop and | ||||||
17 | appropriate interactions with law enforcement officers. The | ||||||
18 | curriculum shall not require the operation of a motor vehicle. | ||||||
19 | (b) The Secretary shall certify course providers. The | ||||||
20 | requirements to be a certified course provider, the process | ||||||
21 | for applying for certification, and the procedure for | ||||||
22 | decertifying a course provider shall be established by rule. | ||||||
23 | (b-5) In order to qualify for certification as an adult | ||||||
24 | driver education course provider, each applicant must | ||||||
25 | authorize an investigation that includes a fingerprint-based |
| |||||||
| |||||||
1 | background check to determine if the applicant has ever been | ||||||
2 | convicted of a criminal offense and, if so, the disposition of | ||||||
3 | any conviction. This authorization shall indicate the scope of | ||||||
4 | the inquiry and the agencies that may be contacted. Upon | ||||||
5 | receiving this authorization, the Secretary of State may | ||||||
6 | request and receive information and assistance from any | ||||||
7 | federal, State, or local governmental agency as part of the | ||||||
8 | authorized investigation. Each applicant shall submit his or | ||||||
9 | her fingerprints to the Illinois State Police in the form and | ||||||
10 | manner prescribed by the Illinois State Police. These | ||||||
11 | fingerprints shall be checked against fingerprint records now | ||||||
12 | and hereafter filed in the Illinois State Police and Federal | ||||||
13 | Bureau of Investigation criminal history record databases. The | ||||||
14 | Illinois State Police shall charge applicants a fee for | ||||||
15 | conducting the criminal history record check, which shall be | ||||||
16 | deposited into the State Police Services Fund and shall not | ||||||
17 | exceed the actual cost of the State and national criminal | ||||||
18 | history record check. The Illinois State Police shall furnish, | ||||||
19 | pursuant to positive identification, records of Illinois | ||||||
20 | criminal convictions to the Secretary and shall forward the | ||||||
21 | national criminal history record information to the Secretary. | ||||||
22 | Applicants shall pay any other fingerprint-related fees. | ||||||
23 | Unless otherwise prohibited by law, the information derived | ||||||
24 | from the investigation, including the source of the | ||||||
25 | information and any conclusions or recommendations derived | ||||||
26 | from the information by the Secretary of State, shall be |
| |||||||
| |||||||
1 | provided to the applicant upon request to the Secretary of | ||||||
2 | State prior to any final action by the Secretary of State on | ||||||
3 | the application. Any criminal conviction information obtained | ||||||
4 | by the Secretary of State shall be confidential and may not be | ||||||
5 | transmitted outside the Office of the Secretary of State, | ||||||
6 | except as required by this subsection (b-5), and may not be | ||||||
7 | transmitted to anyone within the Office of the Secretary of | ||||||
8 | State except as needed for the purpose of evaluating the | ||||||
9 | applicant. At any administrative hearing held under Section | ||||||
10 | 2-118 of this Code relating to the denial, cancellation, | ||||||
11 | suspension, or revocation of certification of an adult driver | ||||||
12 | education course provider, the Secretary of State may utilize | ||||||
13 | at that hearing any criminal history, criminal conviction, and | ||||||
14 | disposition information obtained under this subsection (b-5). | ||||||
15 | The information obtained from the investigation may be | ||||||
16 | maintained by the Secretary of State or any agency to which the | ||||||
17 | information was transmitted. Only information and standards | ||||||
18 | which bear a reasonable and rational relation to the | ||||||
19 | performance of providing adult driver education shall be used | ||||||
20 | by the Secretary of State. Any employee of the Secretary of | ||||||
21 | State who gives or causes to be given away any confidential | ||||||
22 | information concerning any criminal convictions or disposition | ||||||
23 | of criminal convictions of an applicant shall be guilty of a | ||||||
24 | Class A misdemeanor unless release of the information is | ||||||
25 | authorized by this Section. | ||||||
26 | (c) The Secretary may permit a course provider to offer |
| |||||||
| |||||||
1 | the course online, if the Secretary is satisfied the course | ||||||
2 | provider has established adequate procedures for verifying: | ||||||
3 | (1) the identity of the person taking the course | ||||||
4 | online; and | ||||||
5 | (2) the person completes the entire course. | ||||||
6 | (d) The Secretary shall establish a method of electronic | ||||||
7 | verification of a student's successful completion of the | ||||||
8 | course. | ||||||
9 | (e) The fee charged by the course provider must bear a | ||||||
10 | reasonable relationship to the cost of the course. The | ||||||
11 | Secretary shall post on the Secretary of State's website a | ||||||
12 | list of approved course providers, the fees charged by the | ||||||
13 | providers, and contact information for each provider. | ||||||
14 | (f) In addition to any other fee charged by the course | ||||||
15 | provider, the course provider shall collect a fee of $5 from | ||||||
16 | each student to offset the costs incurred by the Secretary in | ||||||
17 | administering this program. The $5 shall be submitted to the | ||||||
18 | Secretary within 14 days of the day on which it was collected. | ||||||
19 | All such fees received by the Secretary shall be deposited in | ||||||
20 | the Secretary of State Driver Services Administration Fund.
| ||||||
21 | (Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
22 | revised 10-12-21.)
| ||||||
23 | (625 ILCS 5/6-108.1)
| ||||||
24 | Sec. 6-108.1.
Notice to Secretary; denial of license;
| ||||||
25 | persons under 18.
|
| |||||||
| |||||||
1 | (a) The State's Attorney must notify the Secretary of the
| ||||||
2 | charges pending
against any person younger than 18 years of | ||||||
3 | age who has been charged
with a violation of this Code, the | ||||||
4 | Criminal Code of 2012, or the Criminal Code of 1961 arising out | ||||||
5 | of a crash an
accident in
which the person was involved as a | ||||||
6 | driver and that caused the death of or a
type A injury to | ||||||
7 | another person. A "type A injury" includes severely bleeding
| ||||||
8 | wounds, distorted extremities, and injuries that require the | ||||||
9 | injured party to
be carried from the scene. The State's | ||||||
10 | Attorney must notify the Secretary on a
form prescribed by the | ||||||
11 | Secretary.
| ||||||
12 | (b) The Secretary, upon receiving notification from the | ||||||
13 | State's Attorney,
may
deny any driver's license to any person
| ||||||
14 | younger than 18 years of age against whom the charges are | ||||||
15 | pending.
| ||||||
16 | (c) The State's Attorney must notify the Secretary of the | ||||||
17 | final
disposition of the case of any person who has been denied | ||||||
18 | a driver's license
under subsection (b).
| ||||||
19 | (d) The Secretary must adopt rules for implementing this | ||||||
20 | Section.
| ||||||
21 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
22 | (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
| ||||||
23 | Sec. 6-113. Restricted licenses and permits.
| ||||||
24 | (a) The Secretary of
State upon issuing a drivers license | ||||||
25 | or permit shall have the authority
whenever good cause appears |
| |||||||
| |||||||
1 | to impose restrictions suitable to the
licensee's driving | ||||||
2 | ability with respect to the type of, or special
mechanical | ||||||
3 | control devices required on, a motor vehicle which the
| ||||||
4 | licensee may operate or such other restrictions applicable to | ||||||
5 | the
licensee as the Secretary of State may determine to be | ||||||
6 | appropriate to
assure the safe operation of a motor vehicle by | ||||||
7 | the licensee.
| ||||||
8 | (b) The Secretary of State may either issue a special | ||||||
9 | restricted
license or permit or may set forth such | ||||||
10 | restrictions upon the usual
license or permit form.
| ||||||
11 | (c) The Secretary of State may issue a probationary | ||||||
12 | license to a person
whose driving privileges have been | ||||||
13 | suspended pursuant to subsection (d) of this
Section or | ||||||
14 | subsection (a)(2) of Section 6-206 of this
Code. This | ||||||
15 | subsection (c) does not apply to any driver required to | ||||||
16 | possess a CDL for the purpose of operating a commercial motor | ||||||
17 | vehicle. The Secretary of State shall promulgate rules | ||||||
18 | pursuant to the
Illinois Administrative Procedure Act, setting | ||||||
19 | forth the conditions and
criteria for the issuance and | ||||||
20 | cancellation of probationary licenses.
| ||||||
21 | (d) The Secretary of State may upon receiving satisfactory | ||||||
22 | evidence
of any violation of the restrictions of such license | ||||||
23 | or permit suspend,
revoke or cancel the same without | ||||||
24 | preliminary hearing, but the licensee or
permittee shall be | ||||||
25 | entitled to a hearing as in the case of a suspension
or | ||||||
26 | revocation.
|
| |||||||
| |||||||
1 | (e) It is unlawful for any person to operate a motor | ||||||
2 | vehicle in any
manner in violation of the restrictions imposed | ||||||
3 | on a restricted license
or permit issued to him.
| ||||||
4 | (f) Whenever the holder of a restricted driving permit is | ||||||
5 | issued a citation
for any of the following offenses including | ||||||
6 | similar local ordinances, the
restricted driving permit is | ||||||
7 | immediately invalidated:
| ||||||
8 | 1. Reckless homicide resulting from the operation of a | ||||||
9 | motor vehicle;
| ||||||
10 | 2. Violation of Section 11-501 of this Act relating to | ||||||
11 | the operation of
a motor vehicle while under the influence | ||||||
12 | of intoxicating liquor or narcotic
drugs;
| ||||||
13 | 3. Violation of Section 11-401 of this Act relating to | ||||||
14 | the offense of
leaving the scene of a traffic crash | ||||||
15 | accident involving death or injury;
| ||||||
16 | 4. Violation of Section 11-504 of this Act relating to | ||||||
17 | the offense of drag
racing; or
| ||||||
18 | 5. Violation of Section 11-506 of this Act relating to | ||||||
19 | the offense of street racing.
| ||||||
20 | The police officer issuing the citation shall confiscate | ||||||
21 | the restricted
driving permit and forward it, along with the | ||||||
22 | citation, to the Clerk of
the Circuit Court of the county in | ||||||
23 | which the citation was issued.
| ||||||
24 | (g) The Secretary of State may issue a special restricted
| ||||||
25 | license for a period of 48 months to individuals using vision | ||||||
26 | aid
arrangements other than standard eyeglasses or contact |
| |||||||
| |||||||
1 | lenses,
allowing the operation of a motor vehicle during | ||||||
2 | nighttime hours.
The Secretary of State shall adopt rules | ||||||
3 | defining the terms and
conditions by which the individual may | ||||||
4 | obtain and renew this
special restricted license. At a | ||||||
5 | minimum, all drivers must meet
the following requirements:
| ||||||
6 | 1. Possess a valid driver's license and have operated | ||||||
7 | a
motor vehicle during daylight hours for a period of 12 | ||||||
8 | months
using vision aid arrangements other than standard | ||||||
9 | eyeglasses
or contact lenses.
| ||||||
10 | 2. Have a driving record that does not include any
| ||||||
11 | traffic crashes accidents that occurred during nighttime | ||||||
12 | hours, for which the
driver has been found to be at fault, | ||||||
13 | during the 12 months before he or she
applied for the | ||||||
14 | special restricted license.
| ||||||
15 | 3. Successfully complete a road test administered | ||||||
16 | during
nighttime hours.
| ||||||
17 | The special restricted license holder must submit to the | ||||||
18 | Secretary annually a vision specialist report from his or her | ||||||
19 | ophthalmologist or optometrist that the special restricted | ||||||
20 | license holder's vision has not changed. If the special | ||||||
21 | restricted license holder fails to submit this vision | ||||||
22 | specialist report, the special restricted license shall be | ||||||
23 | cancelled under Section 6-201 of this Code. | ||||||
24 | At a minimum, all drivers renewing this license must meet | ||||||
25 | the
following requirements:
| ||||||
26 | 1. Successfully complete a road test administered |
| |||||||
| |||||||
1 | during
nighttime hours.
| ||||||
2 | 2. Have a driving record that does not include any
| ||||||
3 | traffic crashes accidents that occurred during nighttime | ||||||
4 | hours, for which the
driver has been found to be at fault, | ||||||
5 | during the 12 months before he or she
applied for
the | ||||||
6 | special restricted license.
| ||||||
7 | (h) Any driver issued a special restricted license as | ||||||
8 | defined in
subsection (g) whose privilege to drive during | ||||||
9 | nighttime hours has been
suspended due to a crash an accident | ||||||
10 | occurring during nighttime hours may request
a hearing as | ||||||
11 | provided in Section 2-118 of this Code to contest that | ||||||
12 | suspension.
If it is
determined that the crash accident for | ||||||
13 | which the driver was at fault was not
influenced by the | ||||||
14 | driver's use of vision aid arrangements other than standard
| ||||||
15 | eyeglasses or contact lenses, the Secretary may reinstate that | ||||||
16 | driver's
privilege to drive during nighttime hours.
| ||||||
17 | (i) The Secretary of State may issue a special restricted | ||||||
18 | training permit for a period of 6 months to individuals using | ||||||
19 | vision aid arrangements other than standard eyeglasses or | ||||||
20 | contact lenses, allowing the operation of a motor vehicle | ||||||
21 | between sunset and 10:00 p.m. provided the driver is | ||||||
22 | accompanied by a person holding a valid driver's license | ||||||
23 | without nighttime operation restrictions. The Secretary may | ||||||
24 | adopt rules defining the terms and conditions by which the | ||||||
25 | individual may obtain and renew this special restricted | ||||||
26 | training permit. At a minimum, all persons applying for a |
| |||||||
| |||||||
1 | special restricted training permit must meet the following | ||||||
2 | requirements: | ||||||
3 | 1. Possess a valid driver's license and have operated | ||||||
4 | a motor vehicle during daylight hours for a period of 6 | ||||||
5 | months using vision aid arrangements other than standard | ||||||
6 | eyeglasses or contact lenses. | ||||||
7 | 2. Have a driving record that does not include any | ||||||
8 | traffic crashes accidents , for which the person has been | ||||||
9 | found to be at fault, during the 6 months before he or she | ||||||
10 | applied for the special restricted training permit. | ||||||
11 | (j) Whenever the Secretary of State has issued an | ||||||
12 | administrative order requiring an individual to use an | ||||||
13 | ignition interlock device after his or her driver's license | ||||||
14 | has been reinstated, that individual shall be issued a | ||||||
15 | driver's license containing the ignition interlock device | ||||||
16 | restriction. The administrative order shall set forth the | ||||||
17 | duration of the restriction and any other applicable terms and | ||||||
18 | conditions. | ||||||
19 | (Source: P.A. 98-746, eff. 1-1-15; 98-747, eff. 1-1-15; 99-78, | ||||||
20 | eff. 7-20-15; 99-289, eff. 8-6-15.)
| ||||||
21 | (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
| ||||||
22 | Sec. 6-117. Records to be kept by the Secretary of State.
| ||||||
23 | (a) The Secretary of State shall file every application | ||||||
24 | for a license or
permit accepted under this Chapter, and shall | ||||||
25 | maintain suitable
indexes thereof. The records of the |
| |||||||
| |||||||
1 | Secretary of State shall indicate the
action taken with | ||||||
2 | respect to such applications.
| ||||||
3 | (b) The Secretary of State shall maintain appropriate | ||||||
4 | records of all
licenses and permits refused, cancelled, | ||||||
5 | disqualified, revoked, or suspended and of the
revocation,
| ||||||
6 | suspension, and disqualification of driving privileges of | ||||||
7 | persons not licensed
under this Chapter, and such records | ||||||
8 | shall note the reasons for such
action.
| ||||||
9 | (c) The Secretary of State shall maintain appropriate | ||||||
10 | records of
convictions reported under this Chapter. Records of | ||||||
11 | conviction may be
maintained in a computer processible medium.
| ||||||
12 | (d) The Secretary of State may also maintain appropriate | ||||||
13 | records of any
crash accident reports received.
| ||||||
14 | (e) The Secretary of State shall also maintain appropriate | ||||||
15 | records
of any disposition of supervision or records
relative
| ||||||
16 | to a driver's referral to a driver remedial or rehabilitative | ||||||
17 | program, as
required by the Secretary of State or the courts. | ||||||
18 | Such records shall only
be available for use by the Secretary, | ||||||
19 | the driver licensing administrator of any other state, law | ||||||
20 | enforcement agencies, the
courts, and the affected driver or, | ||||||
21 | upon proper verification,
such affected driver's attorney.
| ||||||
22 | (f) The Secretary of State shall also maintain or contract | ||||||
23 | to maintain
appropriate records of all photographs and | ||||||
24 | signatures obtained in the process
of issuing any driver's | ||||||
25 | license, permit, or identification card. The record
shall be | ||||||
26 | confidential and shall not be disclosed except to those |
| |||||||
| |||||||
1 | entities
listed under Section 6-110.1 of this Code.
| ||||||
2 | (g) The Secretary of State may establish a First Person | ||||||
3 | Consent organ and tissue donor registry in compliance with | ||||||
4 | subsection (b-1) of Section 5-20 of the Illinois Anatomical | ||||||
5 | Gift Act, as follows: | ||||||
6 | (1) The Secretary shall offer, to each applicant for | ||||||
7 | issuance or renewal of a driver's license or | ||||||
8 | identification card who is 16 years of age or older, the | ||||||
9 | opportunity to have his or her name included in the First | ||||||
10 | Person Consent organ and tissue donor registry. The | ||||||
11 | Secretary must advise the applicant or licensee that he or | ||||||
12 | she is under no compulsion to have his or her name included | ||||||
13 | in the registry. An individual who agrees to having his or | ||||||
14 | her name included in the First Person Consent organ and | ||||||
15 | tissue donor registry has given full legal consent to the | ||||||
16 | donation of any of his or her organs or tissue upon his or | ||||||
17 | her death. A brochure explaining this method of executing | ||||||
18 | an anatomical gift must be given to each applicant for | ||||||
19 | issuance or renewal of a driver's license or | ||||||
20 | identification card. The brochure must advise the | ||||||
21 | applicant or licensee (i) that he or she is under no | ||||||
22 | compulsion to have his or her name included in this | ||||||
23 | registry and (ii) that he or she may wish to consult with | ||||||
24 | family, friends, or clergy before doing so. | ||||||
25 | (2) The Secretary of State may establish additional | ||||||
26 | methods by which an individual may have his or her name |
| |||||||
| |||||||
1 | included in the First Person Consent organ and tissue | ||||||
2 | donor registry. | ||||||
3 | (3) When an individual has agreed to have his or her | ||||||
4 | name included in the First Person Consent organ and tissue | ||||||
5 | donor registry, the Secretary of State shall note that | ||||||
6 | agreement in the First Person consent organ and tissue | ||||||
7 | donor registry. Representatives of federally designated | ||||||
8 | organ procurement agencies and tissue banks and the | ||||||
9 | offices of Illinois county coroners and medical examiners | ||||||
10 | may inquire of the Secretary of State whether a potential | ||||||
11 | organ donor's name is included in the First Person Consent | ||||||
12 | organ and tissue donor registry, and the Secretary of | ||||||
13 | State may provide that information to the representative. | ||||||
14 | (4) An individual may withdraw his or her consent to | ||||||
15 | be listed in the First Person Consent organ and tissue | ||||||
16 | donor registry maintained by the Secretary of State by | ||||||
17 | notifying the Secretary of State in writing, or by any | ||||||
18 | other means approved by the Secretary, of the individual's | ||||||
19 | decision to have his or her name removed from the | ||||||
20 | registry. | ||||||
21 | (5) The Secretary of State may undertake additional | ||||||
22 | efforts, including education and awareness activities, to | ||||||
23 | promote organ and tissue donation. | ||||||
24 | (6) In the absence of gross negligence or willful | ||||||
25 | misconduct, the Secretary of State and his or her | ||||||
26 | employees are immune from any civil or criminal liability |
| |||||||
| |||||||
1 | in connection with an individual's consent to be listed in | ||||||
2 | the organ and tissue donor registry.
| ||||||
3 | (Source: P.A. 100-41, eff. 1-1-18 .)
| ||||||
4 | (625 ILCS 5/6-117.2) | ||||||
5 | Sec. 6-117.2. Emergency contact database. | ||||||
6 | (a) The Secretary of State shall establish a database of | ||||||
7 | the emergency contacts of persons who hold a driver's license, | ||||||
8 | instruction permit, or any other type of driving permit issued | ||||||
9 | by the Secretary of State. Information in the database shall | ||||||
10 | be accessible only to employees of the Office of the Secretary | ||||||
11 | and law enforcement officers employed by a law enforcement | ||||||
12 | agency. Law enforcement officers may share information | ||||||
13 | contained in the emergency contact database, including | ||||||
14 | disabilities and special needs information, with other public | ||||||
15 | safety workers on scene, as needed to conduct official law | ||||||
16 | enforcement duties. | ||||||
17 | (b) Any person holding a driver's license, instruction | ||||||
18 | permit, or any other type of driving permit issued by the | ||||||
19 | Secretary of State shall be afforded the opportunity to | ||||||
20 | provide the Secretary of State, in a manner and form | ||||||
21 | designated by the Secretary of State, the name, address, | ||||||
22 | telephone number, and relationship to the holder of no more | ||||||
23 | than 2 emergency contact persons whom the holder wishes to be | ||||||
24 | contacted by a law enforcement officer if the holder is | ||||||
25 | involved in a motor vehicle crash accident or other emergency |
| |||||||
| |||||||
1 | situation and the holder is unable to communicate with the | ||||||
2 | contact person or persons and may designate whether the holder | ||||||
3 | has a disability or is a special needs individual. A contact | ||||||
4 | person need not be the holder's next of kin. | ||||||
5 | (c) The Secretary shall adopt rules to implement this | ||||||
6 | Section. At a minimum, the rules shall address all of the | ||||||
7 | following: | ||||||
8 | (1) the method whereby a holder may provide the | ||||||
9 | Secretary of State with emergency contact, disability, and | ||||||
10 | special needs information; | ||||||
11 | (2) the method whereby a holder may provide the | ||||||
12 | Secretary of State with a change to the emergency contact, | ||||||
13 | disability, and special needs information; and | ||||||
14 | (3) any other aspect of the database or its operation | ||||||
15 | that the Secretary determines is necessary to implement | ||||||
16 | this Section. | ||||||
17 | (d) If a person involved in a motor vehicle crash accident | ||||||
18 | or other emergency situation is unable to communicate with the | ||||||
19 | contact person or persons specified in the database, a law | ||||||
20 | enforcement officer shall make a good faith effort to notify | ||||||
21 | the contact person or persons of the situation. Neither the | ||||||
22 | law enforcement officer nor the law enforcement agency that | ||||||
23 | employs that law enforcement officer incurs any liability, | ||||||
24 | however, if the law enforcement officer is not able to make | ||||||
25 | contact with the contact person. Except for willful or wanton | ||||||
26 | misconduct, neither the law enforcement officer, nor the law |
| |||||||
| |||||||
1 | enforcement agency that employs the law enforcement officer, | ||||||
2 | shall incur any liability relating to the reporting or use of | ||||||
3 | the database during a motor vehicle crash accident or other | ||||||
4 | emergency situation. | ||||||
5 | (e) The Secretary of State shall make a good faith effort | ||||||
6 | to maintain accurate data as provided by the driver's license | ||||||
7 | or instruction permit holder and to provide that information | ||||||
8 | to law enforcement as provided in subsection (a). The | ||||||
9 | Secretary of State is not liable for any damages, costs, or | ||||||
10 | expenses, including, without limitation, consequential | ||||||
11 | damages, arising or resulting from any inaccurate or | ||||||
12 | incomplete data or system unavailability. Except for willful | ||||||
13 | or wanton misconduct, the Secretary of State shall not incur | ||||||
14 | any liability relating to the reporting of disabilities or | ||||||
15 | special needs individuals. | ||||||
16 | (f) As used in this Section: | ||||||
17 | "Disability" means an individual's physical or mental | ||||||
18 | impairment that substantially limits one or more of the major | ||||||
19 | life activities; a record of such impairment; or when the | ||||||
20 | individual is regarded as having such impairment. | ||||||
21 | "Public safety worker" means a person employed by this | ||||||
22 | State or a political subdivision thereof that provides | ||||||
23 | firefighting, law enforcement, medical or other emergency | ||||||
24 | services. | ||||||
25 | "Special needs individuals" means those individuals who | ||||||
26 | have or are at increased risk for a chronic physical, |
| |||||||
| |||||||
1 | developmental, behavioral, or emotional condition and who also | ||||||
2 | require health and related services of a type or amount beyond | ||||||
3 | that required by individuals generally. | ||||||
4 | (Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
| ||||||
5 | (625 ILCS 5/6-201)
| ||||||
6 | Sec. 6-201. Authority to cancel licenses and permits.
| ||||||
7 | (a) The Secretary of State is authorized to cancel any | ||||||
8 | license or permit
upon determining that the holder thereof:
| ||||||
9 | 1. was not entitled to the issuance thereof hereunder; | ||||||
10 | or
| ||||||
11 | 2. failed to give the required or correct information | ||||||
12 | in his
application; or
| ||||||
13 | 3. failed to pay any fees owed to the Secretary of | ||||||
14 | State under this Code for the license or permit;
or
| ||||||
15 | 4. committed any fraud in the making of such | ||||||
16 | application; or
| ||||||
17 | 5. is ineligible therefor under the provisions of | ||||||
18 | Section 6-103 of this
Act, as amended; or
| ||||||
19 | 6. has refused or neglected to submit an alcohol, | ||||||
20 | drug, and
intoxicating compound evaluation or to
submit to | ||||||
21 | examination or re-examination as required under this Act; | ||||||
22 | or
| ||||||
23 | 7. has been convicted of violating the Cannabis | ||||||
24 | Control Act,
the
Illinois Controlled Substances Act, the | ||||||
25 | Methamphetamine Control and Community Protection Act, or |
| |||||||
| |||||||
1 | the Use of Intoxicating Compounds
Act while that | ||||||
2 | individual was in actual physical
control of a motor | ||||||
3 | vehicle. For purposes of this Section, any person placed | ||||||
4 | on
probation under Section 10 of the Cannabis Control Act, | ||||||
5 | Section 410 of the
Illinois Controlled Substances Act, or | ||||||
6 | Section 70 of the Methamphetamine Control and Community | ||||||
7 | Protection Act shall not be considered convicted. Any
| ||||||
8 | person found guilty of this offense, while in actual | ||||||
9 | physical control of a
motor vehicle, shall have an entry | ||||||
10 | made in the court record by the
judge that this offense did | ||||||
11 | occur while the person was in actual
physical control of a | ||||||
12 | motor vehicle and order the clerk of the court to report
| ||||||
13 | the violation to the Secretary of State as such. After the | ||||||
14 | cancellation, the
Secretary of State shall not issue a new | ||||||
15 | license or permit for a period of one
year after the date | ||||||
16 | of cancellation. However, upon application, the Secretary
| ||||||
17 | of State may, if satisfied that the person applying will | ||||||
18 | not endanger the
public safety, or welfare, issue a | ||||||
19 | restricted driving permit granting the
privilege of | ||||||
20 | driving a motor vehicle between the petitioner's residence | ||||||
21 | and
petitioner's place of employment or within the scope | ||||||
22 | of the petitioner's employment
related duties, or to allow | ||||||
23 | transportation for
the petitioner or a household member of | ||||||
24 | the petitioner's family for the receipt of
necessary | ||||||
25 | medical care, or provide transportation for the petitioner | ||||||
26 | to and from alcohol or drug remedial or
rehabilitative |
| |||||||
| |||||||
1 | activity recommended by a licensed service provider, or | ||||||
2 | for the petitioner to attend classes, as a student,
in an | ||||||
3 | accredited educational institution. The petitioner must
| ||||||
4 | demonstrate that no alternative means of transportation is | ||||||
5 | reasonably
available; provided that the Secretary's | ||||||
6 | discretion shall be limited to
cases where undue hardship, | ||||||
7 | as defined by the rules of the Secretary of State, would | ||||||
8 | result from a failure to issue such
restricted driving | ||||||
9 | permit. In each case the Secretary of State may issue
such | ||||||
10 | restricted driving permit for such period as he deems | ||||||
11 | appropriate,
except that such permit shall expire no later | ||||||
12 | than 2 years from the date of
issuance. A restricted | ||||||
13 | driving permit issued hereunder shall be subject to
| ||||||
14 | cancellation, revocation and suspension by the Secretary | ||||||
15 | of State in like
manner and for like cause as a driver's | ||||||
16 | license issued hereunder may be
cancelled, revoked or | ||||||
17 | suspended; except that a conviction upon one or more
| ||||||
18 | offenses against laws or ordinances regulating the | ||||||
19 | movement of traffic
shall be deemed sufficient cause for | ||||||
20 | the revocation, suspension or
cancellation of a restricted | ||||||
21 | driving permit. The Secretary of State may,
as a condition | ||||||
22 | to the issuance of a restricted driving permit, require | ||||||
23 | the
applicant to participate in a driver remedial or | ||||||
24 | rehabilitative
program. In accordance with 49 C.F.R. 384, | ||||||
25 | the Secretary of State may not issue a restricted driving | ||||||
26 | permit for the operation of a commercial motor vehicle to |
| |||||||
| |||||||
1 | a person holding a CDL whose driving privileges have been | ||||||
2 | revoked, suspended, cancelled, or disqualified under this | ||||||
3 | Code; or
| ||||||
4 | 8. failed to submit a report as required by Section | ||||||
5 | 6-116.5 of this
Code; or
| ||||||
6 | 9. has been convicted of a sex offense as defined in | ||||||
7 | the Sex Offender Registration Act. The driver's license | ||||||
8 | shall remain cancelled until the driver registers as a sex | ||||||
9 | offender as required by the Sex Offender Registration Act, | ||||||
10 | proof of the registration is furnished to the Secretary of | ||||||
11 | State and the sex offender provides proof of current | ||||||
12 | address to the Secretary; or
| ||||||
13 | 10. is ineligible for a license or permit under | ||||||
14 | Section 6-107, 6-107.1, or
6-108 of this Code; or
| ||||||
15 | 11. refused or neglected to appear at a Driver | ||||||
16 | Services facility to have the license or permit corrected | ||||||
17 | and a new license or permit issued or to present | ||||||
18 | documentation for verification of identity; or
| ||||||
19 | 12. failed to submit a medical examiner's certificate | ||||||
20 | or medical variance as required by 49 C.F.R. 383.71 or | ||||||
21 | submitted a fraudulent medical examiner's certificate or | ||||||
22 | medical variance; or | ||||||
23 | 13. has had his or her medical examiner's certificate, | ||||||
24 | medical variance, or both removed or rescinded by the | ||||||
25 | Federal Motor Carrier Safety Administration; or | ||||||
26 | 14. failed to self-certify as to the type of driving |
| |||||||
| |||||||
1 | in which the CDL driver engages or expects to engage; or | ||||||
2 | 15. has submitted acceptable documentation indicating | ||||||
3 | out-of-state residency to the Secretary of State to be | ||||||
4 | released from the requirement of showing proof of | ||||||
5 | financial responsibility in this State; or | ||||||
6 | 16. was convicted of fraud relating to the testing or | ||||||
7 | issuance of a CDL or CLP, in which case only the CDL or CLP | ||||||
8 | shall be cancelled. After cancellation, the Secretary | ||||||
9 | shall not issue a CLP or CDL for a period of one year from | ||||||
10 | the date of cancellation; or | ||||||
11 | 17. has a special restricted license under subsection | ||||||
12 | (g) of Section 6-113 of this Code and failed to submit the | ||||||
13 | required annual vision specialist report that the special | ||||||
14 | restricted license holder's vision has not changed; or | ||||||
15 | 18. has a special restricted license under subsection | ||||||
16 | (g) of Section 6-113 of this Code and was convicted or | ||||||
17 | received court supervision for a violation of this Code | ||||||
18 | that occurred during nighttime hours or was involved in a | ||||||
19 | motor vehicle crash accident during nighttime hours in | ||||||
20 | which the restricted license holder was at fault; or | ||||||
21 | 19. has assisted an out-of-state resident in acquiring | ||||||
22 | an Illinois driver's license or identification card by | ||||||
23 | providing or allowing the out-of-state resident to use his | ||||||
24 | or her Illinois address of residence and is complicit in | ||||||
25 | distributing and forwarding the Illinois driver's license | ||||||
26 | or identification card to the out-of-state resident. |
| |||||||
| |||||||
1 | (b) Upon such cancellation the licensee or permittee must | ||||||
2 | surrender the
license or permit so cancelled to the Secretary | ||||||
3 | of State.
| ||||||
4 | (c) Except as provided in Sections 6-206.1 and 7-702.1,
| ||||||
5 | the Secretary of State
shall have exclusive authority to | ||||||
6 | grant, issue, deny, cancel, suspend and
revoke driving | ||||||
7 | privileges, drivers' licenses and restricted driving permits.
| ||||||
8 | (d) The Secretary of State may adopt rules to implement | ||||||
9 | this Section.
| ||||||
10 | (Source: P.A. 100-409, eff. 8-25-17; 100-803, eff. 1-1-19; | ||||||
11 | 101-623, eff. 7-1-20 .)
| ||||||
12 | (625 ILCS 5/6-205)
| ||||||
13 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
14 | hardship cases.
| ||||||
15 | (a) Except as provided in this Section, the Secretary of | ||||||
16 | State shall
immediately revoke the license, permit, or driving | ||||||
17 | privileges of
any driver upon receiving a
report of the | ||||||
18 | driver's conviction of any of the following offenses:
| ||||||
19 | 1. Reckless homicide resulting from the operation of a | ||||||
20 | motor vehicle;
| ||||||
21 | 2. Violation of Section 11-501 of this Code or a | ||||||
22 | similar provision of
a local ordinance relating to the | ||||||
23 | offense of operating or being in physical
control of a | ||||||
24 | vehicle while under the influence of alcohol, other drug | ||||||
25 | or
drugs, intoxicating compound or compounds, or any |
| |||||||
| |||||||
1 | combination thereof;
| ||||||
2 | 3. Any felony under the laws of any State or the | ||||||
3 | federal government
in the commission of which a motor | ||||||
4 | vehicle was used;
| ||||||
5 | 4. Violation of Section 11-401 of this Code relating | ||||||
6 | to the offense of
leaving the scene of a traffic crash | ||||||
7 | accident involving death or personal injury;
| ||||||
8 | 5. Perjury or the making of a false affidavit or | ||||||
9 | statement under
oath to the Secretary of State under this | ||||||
10 | Code or under any
other law relating to the ownership or | ||||||
11 | operation of motor vehicles;
| ||||||
12 | 6. Conviction upon 3 charges of violation of Section | ||||||
13 | 11-503 of this
Code relating to the offense of reckless | ||||||
14 | driving committed within a
period of 12 months;
| ||||||
15 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
16 | of this Code if the person exercised actual physical | ||||||
17 | control over the vehicle during the commission of the | ||||||
18 | offense;
| ||||||
19 | 8. Violation of Section 11-504 of this Code relating | ||||||
20 | to the offense
of drag racing;
| ||||||
21 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
22 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012 arising from
the use of a | ||||||
24 | motor vehicle;
| ||||||
25 | 11. Violation of Section 11-204.1 of this Code | ||||||
26 | relating to aggravated
fleeing or attempting to elude a |
| |||||||
| |||||||
1 | peace officer;
| ||||||
2 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
3 | Section 6-507,
or a similar law of any other state, | ||||||
4 | relating to the
unlawful operation of a commercial motor | ||||||
5 | vehicle;
| ||||||
6 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
7 | this Code or a
similar provision of a local ordinance if | ||||||
8 | the driver has been previously
convicted of a violation of | ||||||
9 | that Section or a similar provision of a local
ordinance | ||||||
10 | and the driver was less than 21 years of age at the time of | ||||||
11 | the
offense;
| ||||||
12 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
13 | this Code or a similar provision of a local ordinance | ||||||
14 | relating to the offense of street racing;
| ||||||
15 | 15. A second or subsequent conviction of driving while | ||||||
16 | the person's driver's license, permit or privileges was | ||||||
17 | revoked for reckless homicide or a similar out-of-state | ||||||
18 | offense; | ||||||
19 | 16. Any offense against any provision in this Code, or | ||||||
20 | any local ordinance, regulating the
movement of traffic | ||||||
21 | when that offense was the proximate cause of the death of | ||||||
22 | any person. Any person whose driving privileges have been | ||||||
23 | revoked pursuant to this paragraph may seek to have the | ||||||
24 | revocation terminated or to have the length of revocation | ||||||
25 | reduced by requesting an administrative hearing with the | ||||||
26 | Secretary of State prior to the projected driver's license |
| |||||||
| |||||||
1 | application eligibility date; | ||||||
2 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
3 | of this Code or a similar provision of a local ordinance; | ||||||
4 | 18. A second or subsequent conviction of illegal | ||||||
5 | possession, while operating or in actual physical control, | ||||||
6 | as a driver, of a motor vehicle, of any controlled | ||||||
7 | substance prohibited under the Illinois Controlled | ||||||
8 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
9 | Control Act, or any methamphetamine prohibited under the | ||||||
10 | Methamphetamine Control and Community Protection Act. A | ||||||
11 | defendant found guilty of this offense while operating a | ||||||
12 | motor vehicle
shall have an entry made in the court record | ||||||
13 | by the presiding judge that
this offense did occur while | ||||||
14 | the defendant was operating a motor vehicle
and order the | ||||||
15 | clerk of the court to report the violation to the | ||||||
16 | Secretary
of State; | ||||||
17 | 19. Violation of subsection (a) of Section 11-1414 of | ||||||
18 | this Code, or a similar provision of a local ordinance, | ||||||
19 | relating to the offense of overtaking or passing of a | ||||||
20 | school bus when the driver, in committing the violation, | ||||||
21 | is involved in a motor vehicle crash accident that results | ||||||
22 | in death to another and the violation is a proximate cause | ||||||
23 | of the death. | ||||||
24 | (b) The Secretary of State shall also immediately revoke | ||||||
25 | the license
or permit of any driver in the following | ||||||
26 | situations:
|
| |||||||
| |||||||
1 | 1. Of any minor upon receiving the notice provided for | ||||||
2 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
3 | minor has been
adjudicated under that Act as having | ||||||
4 | committed an offense relating to
motor vehicles prescribed | ||||||
5 | in Section 4-103 of this Code;
| ||||||
6 | 2. Of any person when any other law of this State | ||||||
7 | requires either the
revocation or suspension of a license | ||||||
8 | or permit;
| ||||||
9 | 3. Of any person adjudicated under the Juvenile Court | ||||||
10 | Act of 1987 based on an offense determined to have been | ||||||
11 | committed in furtherance of the criminal activities of an | ||||||
12 | organized gang as provided in Section 5-710 of that Act, | ||||||
13 | and that involved the operation or use of a motor vehicle | ||||||
14 | or the use of a driver's license or permit. The revocation | ||||||
15 | shall remain in effect for the period determined by the | ||||||
16 | court. | ||||||
17 | (c)(1) Whenever a person is convicted of any of the | ||||||
18 | offenses enumerated in
this Section, the court may recommend | ||||||
19 | and the Secretary of State in his
discretion, without regard | ||||||
20 | to whether the recommendation is made by the
court may, upon | ||||||
21 | application,
issue to the person a
restricted driving permit | ||||||
22 | granting the privilege of driving a motor
vehicle between the | ||||||
23 | petitioner's residence and petitioner's place
of employment or | ||||||
24 | within the scope of the petitioner's employment related
| ||||||
25 | duties, or to allow the petitioner to transport himself or | ||||||
26 | herself or a family member
of the petitioner's household to a |
| |||||||
| |||||||
1 | medical facility for the receipt of necessary medical care or | ||||||
2 | to allow the
petitioner to transport himself or herself to and | ||||||
3 | from alcohol or drug remedial or rehabilitative activity | ||||||
4 | recommended by a licensed service provider, or to allow the
| ||||||
5 | petitioner to transport himself or herself or a family member | ||||||
6 | of the petitioner's household to classes, as a student, at an | ||||||
7 | accredited educational
institution, or to allow the petitioner | ||||||
8 | to transport children, elderly persons, or persons with | ||||||
9 | disabilities who do not hold driving privileges and are living | ||||||
10 | in the petitioner's household to and from daycare; if the | ||||||
11 | petitioner is able to demonstrate that no alternative means
of | ||||||
12 | transportation is reasonably available and that the petitioner | ||||||
13 | will not endanger
the public safety or welfare; provided that | ||||||
14 | the Secretary's discretion shall be
limited to cases where | ||||||
15 | undue hardship, as defined by the rules of the Secretary of | ||||||
16 | State, would result from a failure to issue the
restricted | ||||||
17 | driving permit.
| ||||||
18 | (1.5) A person subject to the provisions of paragraph 4 of | ||||||
19 | subsection (b) of Section 6-208 of this Code may make | ||||||
20 | application for a restricted driving permit at a hearing | ||||||
21 | conducted under Section 2-118 of this Code after the | ||||||
22 | expiration of 5 years from the effective date of the most | ||||||
23 | recent revocation, or after 5 years from the date of release | ||||||
24 | from a period of imprisonment resulting from a conviction of | ||||||
25 | the most recent offense, whichever is later, provided the | ||||||
26 | person, in addition to all other requirements of the |
| |||||||
| |||||||
1 | Secretary, shows by clear and convincing evidence: | ||||||
2 | (A) a minimum of 3 years of uninterrupted abstinence | ||||||
3 | from alcohol and the unlawful use or consumption of | ||||||
4 | cannabis under the Cannabis Control Act, a controlled | ||||||
5 | substance under the Illinois Controlled Substances Act, an | ||||||
6 | intoxicating compound under the Use of Intoxicating | ||||||
7 | Compounds Act, or methamphetamine under the | ||||||
8 | Methamphetamine Control and Community Protection Act; and | ||||||
9 | (B) the successful completion of any rehabilitative | ||||||
10 | treatment and involvement in any ongoing rehabilitative | ||||||
11 | activity that may be recommended by a properly licensed | ||||||
12 | service provider according to an assessment of the | ||||||
13 | person's alcohol or drug use under Section 11-501.01 of | ||||||
14 | this Code. | ||||||
15 | In determining whether an applicant is eligible for a | ||||||
16 | restricted driving permit under this paragraph (1.5), the | ||||||
17 | Secretary may consider any relevant evidence, including, but | ||||||
18 | not limited to, testimony, affidavits, records, and the | ||||||
19 | results of regular alcohol or drug tests. Persons subject to | ||||||
20 | the provisions of paragraph 4 of subsection (b) of Section | ||||||
21 | 6-208 of this Code and who have been convicted of more than one | ||||||
22 | violation of paragraph (3), paragraph (4), or paragraph (5) of | ||||||
23 | subsection (a) of Section 11-501 of this Code shall not be | ||||||
24 | eligible to apply for a restricted driving permit. | ||||||
25 | A restricted driving permit issued under this paragraph | ||||||
26 | (1.5) shall provide that the holder may only operate motor |
| |||||||
| |||||||
1 | vehicles equipped with an ignition interlock device as | ||||||
2 | required under paragraph (2) of subsection (c) of this Section | ||||||
3 | and subparagraph (A) of paragraph 3 of subsection (c) of | ||||||
4 | Section 6-206 of this Code. The Secretary may revoke a | ||||||
5 | restricted driving permit or amend the conditions of a | ||||||
6 | restricted driving permit issued under this paragraph (1.5) if | ||||||
7 | the holder operates a vehicle that is not equipped with an | ||||||
8 | ignition interlock device, or for any other reason authorized | ||||||
9 | under this Code. | ||||||
10 | A restricted driving permit issued under this paragraph | ||||||
11 | (1.5) shall be revoked, and the holder barred from applying | ||||||
12 | for or being issued a restricted driving permit in the future, | ||||||
13 | if the holder is subsequently convicted of a violation of | ||||||
14 | Section 11-501 of this Code, a similar provision of a local | ||||||
15 | ordinance, or a similar offense in another state. | ||||||
16 | (2) If a person's license or permit is revoked or | ||||||
17 | suspended due to 2 or
more convictions of violating Section | ||||||
18 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
19 | or a similar out-of-state offense, or Section 9-3 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012, where the | ||||||
21 | use of alcohol or other drugs is recited as an element of the | ||||||
22 | offense, or a similar out-of-state offense, or a combination | ||||||
23 | of these offenses, arising out
of separate occurrences, that | ||||||
24 | person, if issued a restricted driving permit,
may not operate | ||||||
25 | a vehicle unless it has been equipped with an ignition
| ||||||
26 | interlock device as defined in Section 1-129.1.
|
| |||||||
| |||||||
1 | (3) If:
| ||||||
2 | (A) a person's license or permit is revoked or | ||||||
3 | suspended 2 or more
times due to any combination of: | ||||||
4 | (i)
a single conviction of violating Section
| ||||||
5 | 11-501 of this Code or a similar provision of a local | ||||||
6 | ordinance or a similar
out-of-state offense, or | ||||||
7 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012, where the use of alcohol or | ||||||
9 | other drugs is recited as an element of the offense, or | ||||||
10 | a similar out-of-state offense; or | ||||||
11 | (ii)
a statutory summary suspension or revocation | ||||||
12 | under Section
11-501.1; or | ||||||
13 | (iii)
a suspension pursuant to Section 6-203.1;
| ||||||
14 | arising out of
separate occurrences; or | ||||||
15 | (B)
a person has been convicted of one violation of | ||||||
16 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
17 | of Section 11-501 of this Code, Section 9-3 of the | ||||||
18 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
19 | relating to the offense of reckless homicide where the use | ||||||
20 | of alcohol or other drugs was recited as an element of the | ||||||
21 | offense, or a similar provision of a law of another state;
| ||||||
22 | that person, if issued a restricted
driving permit, may not | ||||||
23 | operate a vehicle unless it has been equipped with an
ignition | ||||||
24 | interlock device as defined in Section 1-129.1. | ||||||
25 | (4)
The person issued a permit conditioned on the use of an | ||||||
26 | ignition interlock device must pay to the Secretary of State |
| |||||||
| |||||||
1 | DUI Administration Fund an amount
not to exceed $30 per month. | ||||||
2 | The Secretary shall establish by rule the amount
and the | ||||||
3 | procedures, terms, and conditions relating to these fees. | ||||||
4 | (5)
If the restricted driving permit is issued for | ||||||
5 | employment purposes, then
the prohibition against operating a | ||||||
6 | motor vehicle that is not equipped with an ignition interlock | ||||||
7 | device does not apply to the operation of an occupational | ||||||
8 | vehicle
owned or leased by that person's employer when used | ||||||
9 | solely for employment purposes. For any person who, within a | ||||||
10 | 5-year period, is convicted of a second or subsequent offense | ||||||
11 | under Section 11-501 of this Code, or a similar provision of a | ||||||
12 | local ordinance or similar out-of-state offense, this | ||||||
13 | employment exemption does not apply until either a one-year | ||||||
14 | period has elapsed during which that person had his or her | ||||||
15 | driving privileges revoked or a one-year period has elapsed | ||||||
16 | during which that person had a restricted driving permit which | ||||||
17 | required the use of an ignition interlock device on every | ||||||
18 | motor vehicle owned or operated by that person. | ||||||
19 | (6)
In each case the Secretary of State may issue a
| ||||||
20 | restricted driving permit for a period he deems appropriate, | ||||||
21 | except that the
permit shall expire no later than 2 years from | ||||||
22 | the date of issuance. A restricted
driving permit issued under | ||||||
23 | this Section shall be
subject to cancellation, revocation, and | ||||||
24 | suspension by the Secretary of
State in like manner and for | ||||||
25 | like cause as a driver's license issued
under this Code may be | ||||||
26 | cancelled, revoked, or
suspended; except that a conviction |
| |||||||
| |||||||
1 | upon one or more offenses against laws or
ordinances | ||||||
2 | regulating the movement of traffic shall be deemed sufficient | ||||||
3 | cause
for the revocation, suspension, or cancellation of a | ||||||
4 | restricted driving permit.
The Secretary of State may, as a | ||||||
5 | condition to the issuance of a restricted
driving permit, | ||||||
6 | require the petitioner to participate in a designated driver
| ||||||
7 | remedial or rehabilitative program. The Secretary of State is | ||||||
8 | authorized to
cancel a restricted driving permit if the permit | ||||||
9 | holder does not successfully
complete the program. However, if | ||||||
10 | an individual's driving privileges have been
revoked in | ||||||
11 | accordance with paragraph 13 of subsection (a) of this | ||||||
12 | Section, no
restricted driving permit shall be issued until | ||||||
13 | the individual has served 6
months of the revocation period.
| ||||||
14 | (c-5) (Blank).
| ||||||
15 | (c-6) If a person is convicted of a second violation of | ||||||
16 | operating a motor vehicle while the person's driver's license, | ||||||
17 | permit or privilege was revoked, where the revocation was for | ||||||
18 | a violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012 relating to the offense of reckless | ||||||
20 | homicide or a similar out-of-state offense, the person's | ||||||
21 | driving privileges shall be revoked pursuant to subdivision | ||||||
22 | (a)(15) of this Section. The person may not make application | ||||||
23 | for a license or permit until the expiration of five years from | ||||||
24 | the effective date of the revocation or the expiration of five | ||||||
25 | years from the date of release from a term of imprisonment, | ||||||
26 | whichever is later. |
| |||||||
| |||||||
1 | (c-7) If a person is convicted of a third or subsequent | ||||||
2 | violation of operating a motor vehicle while the person's | ||||||
3 | driver's license, permit or privilege was revoked, where the | ||||||
4 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
5 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
6 | offense of reckless homicide or a similar out-of-state | ||||||
7 | offense, the person may never apply for a license or permit. | ||||||
8 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
9 | under Section
11-501 of this Code or a similar provision of a | ||||||
10 | local ordinance or a similar out-of-state offense, the
| ||||||
11 | Secretary of State shall revoke the driving privileges of that | ||||||
12 | person. One
year after the date of revocation, and upon | ||||||
13 | application, the Secretary of
State may, if satisfied that the | ||||||
14 | person applying will not endanger the
public safety or | ||||||
15 | welfare, issue a restricted driving permit granting the
| ||||||
16 | privilege of driving a motor vehicle only between the hours of | ||||||
17 | 5 a.m. and 9
p.m. or as otherwise provided by this Section for | ||||||
18 | a period of one year.
After this one-year period, and upon | ||||||
19 | reapplication for a license as
provided in Section 6-106, upon | ||||||
20 | payment of the appropriate reinstatement
fee provided under | ||||||
21 | paragraph (b) of Section 6-118, the Secretary of State,
in his | ||||||
22 | discretion, may
reinstate the petitioner's driver's license | ||||||
23 | and driving privileges, or extend the restricted driving | ||||||
24 | permit as many times as the
Secretary of State deems | ||||||
25 | appropriate, by additional periods of not more than
24 months | ||||||
26 | each.
|
| |||||||
| |||||||
1 | (2) If a person's license or permit is revoked or | ||||||
2 | suspended due to 2 or
more convictions of violating | ||||||
3 | Section 11-501 of this Code or a similar
provision of a | ||||||
4 | local ordinance or a similar out-of-state offense, or | ||||||
5 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
6 | Code of 2012, where the use of alcohol or other drugs is | ||||||
7 | recited as an element of the offense, or a similar | ||||||
8 | out-of-state offense, or a combination of these offenses, | ||||||
9 | arising out
of separate occurrences, that person, if | ||||||
10 | issued a restricted driving permit,
may not operate a | ||||||
11 | vehicle unless it has been equipped with an ignition
| ||||||
12 | interlock device as defined in Section 1-129.1.
| ||||||
13 | (3) If a person's license or permit is revoked or | ||||||
14 | suspended 2 or more times
due to any combination of: | ||||||
15 | (A) a single conviction of violating Section | ||||||
16 | 11-501
of this
Code or a similar provision of a local | ||||||
17 | ordinance or a similar out-of-state
offense, or | ||||||
18 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012, where the use of alcohol or | ||||||
20 | other drugs is recited as an element of the offense, or | ||||||
21 | a similar out-of-state offense; or | ||||||
22 | (B)
a statutory summary suspension or revocation | ||||||
23 | under Section 11-501.1; or | ||||||
24 | (C) a suspension pursuant to Section 6-203.1; | ||||||
25 | arising out of separate occurrences, that person, if | ||||||
26 | issued a
restricted
driving permit, may not operate a |
| |||||||
| |||||||
1 | vehicle unless it has been equipped with an
ignition | ||||||
2 | interlock device as defined in Section 1-129.1. | ||||||
3 | (3.5) If a person's license or permit is revoked or | ||||||
4 | suspended due to a conviction for a violation of | ||||||
5 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
6 | of Section 11-501 of this Code, or a similar provision of a | ||||||
7 | local ordinance or similar out-of-state offense, that | ||||||
8 | person, if issued a restricted driving permit, may not | ||||||
9 | operate a vehicle unless it has been equipped with an | ||||||
10 | ignition interlock device as defined in Section 1-129.1. | ||||||
11 | (4)
The person issued a permit conditioned upon the | ||||||
12 | use of an interlock device must pay to the Secretary of | ||||||
13 | State DUI Administration Fund an amount
not to exceed $30 | ||||||
14 | per month. The Secretary shall establish by rule the | ||||||
15 | amount
and the procedures, terms, and conditions relating | ||||||
16 | to these fees. | ||||||
17 | (5)
If the restricted driving permit is issued for | ||||||
18 | employment purposes, then
the prohibition against driving | ||||||
19 | a vehicle that is not equipped with an ignition interlock | ||||||
20 | device does not apply to the operation of an occupational | ||||||
21 | vehicle
owned or leased by that person's employer when | ||||||
22 | used solely for employment purposes. For any person who, | ||||||
23 | within a 5-year period, is convicted of a second or | ||||||
24 | subsequent offense under Section 11-501 of this Code, or a | ||||||
25 | similar provision of a local ordinance or similar | ||||||
26 | out-of-state offense, this employment exemption does not |
| |||||||
| |||||||
1 | apply until either a one-year period has elapsed during | ||||||
2 | which that person had his or her driving privileges | ||||||
3 | revoked or a one-year period has elapsed during which that | ||||||
4 | person had a restricted driving permit which required the | ||||||
5 | use of an ignition interlock device on every motor vehicle | ||||||
6 | owned or operated by that person. | ||||||
7 | (6) A
restricted driving permit issued under this | ||||||
8 | Section shall be subject to
cancellation, revocation, and | ||||||
9 | suspension by the Secretary of State in like
manner and | ||||||
10 | for like cause as a driver's license issued under this | ||||||
11 | Code may be
cancelled, revoked, or suspended; except that | ||||||
12 | a conviction upon one or more
offenses against laws or | ||||||
13 | ordinances regulating the movement of traffic
shall be | ||||||
14 | deemed sufficient cause for the revocation, suspension, or
| ||||||
15 | cancellation of a restricted driving permit.
| ||||||
16 | (d-5) The revocation of the license, permit, or driving | ||||||
17 | privileges of a person convicted of a third or subsequent | ||||||
18 | violation of Section 6-303 of this Code committed while his or | ||||||
19 | her driver's license, permit, or privilege was revoked because | ||||||
20 | of a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
21 | the Criminal Code of 2012, relating to the offense of reckless | ||||||
22 | homicide, or a similar provision of a law of another state, is | ||||||
23 | permanent. The Secretary may not, at any time, issue a license | ||||||
24 | or permit to that person.
| ||||||
25 | (e) This Section is subject to the provisions of the | ||||||
26 | Driver License
Compact.
|
| |||||||
| |||||||
1 | (f) Any revocation imposed upon any person under | ||||||
2 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
3 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
4 | period of time.
| ||||||
5 | (g) The Secretary of State shall not issue a restricted | ||||||
6 | driving permit to
a person under the age of 16 years whose | ||||||
7 | driving privileges have been revoked
under any provisions of | ||||||
8 | this Code.
| ||||||
9 | (h) The Secretary of State shall require the use of | ||||||
10 | ignition interlock
devices for a period not less than 5 years | ||||||
11 | on all vehicles owned by a person who has been convicted of a
| ||||||
12 | second or subsequent offense under Section 11-501 of this Code | ||||||
13 | or a similar
provision of a local ordinance. The person must | ||||||
14 | pay to the Secretary of State DUI Administration Fund an | ||||||
15 | amount not to exceed $30 for each month that he or she uses the | ||||||
16 | device. The Secretary shall establish by rule and
regulation | ||||||
17 | the procedures for certification and use of the interlock
| ||||||
18 | system, the amount of the fee, and the procedures, terms, and | ||||||
19 | conditions relating to these fees. During the time period in | ||||||
20 | which a person is required to install an ignition interlock | ||||||
21 | device under this subsection (h), that person shall only | ||||||
22 | operate vehicles in which ignition interlock devices have been | ||||||
23 | installed, except as allowed by subdivision (c)(5) or (d)(5) | ||||||
24 | of this Section. Regardless of whether an exemption under | ||||||
25 | subdivision (c) (5) or (d) (5) applies, every person subject | ||||||
26 | to this subsection shall not be eligible for reinstatement |
| |||||||
| |||||||
1 | until the person installs an ignition interlock device and | ||||||
2 | maintains the ignition interlock device for 5 years.
| ||||||
3 | (i) (Blank).
| ||||||
4 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
5 | State may not issue a restricted driving permit for the | ||||||
6 | operation of a commercial motor vehicle to a person holding a | ||||||
7 | CDL whose driving privileges have been revoked, suspended, | ||||||
8 | cancelled, or disqualified under any provisions of this Code.
| ||||||
9 | (k) The Secretary of State shall notify by mail any person | ||||||
10 | whose driving privileges have been revoked under paragraph 16 | ||||||
11 | of subsection (a) of this Section that his or her driving | ||||||
12 | privileges and driver's license will be revoked 90 days from | ||||||
13 | the date of the mailing of the notice. | ||||||
14 | (Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21.)
| ||||||
15 | (625 ILCS 5/6-206)
| ||||||
16 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
17 | license or
permit; right to a hearing.
| ||||||
18 | (a) The Secretary of State is authorized to suspend or | ||||||
19 | revoke the
driving privileges of any person without | ||||||
20 | preliminary hearing upon a showing
of the person's records or | ||||||
21 | other sufficient evidence that
the person:
| ||||||
22 | 1. Has committed an offense for which mandatory | ||||||
23 | revocation of
a driver's license or permit is required | ||||||
24 | upon conviction;
| ||||||
25 | 2. Has been convicted of not less than 3 offenses |
| |||||||
| |||||||
1 | against traffic
regulations governing the movement of | ||||||
2 | vehicles committed within any 12-month period. No | ||||||
3 | revocation or suspension shall be entered more than
6 | ||||||
4 | months after the date of last conviction;
| ||||||
5 | 3. Has been repeatedly involved as a driver in motor | ||||||
6 | vehicle
collisions or has been repeatedly convicted of | ||||||
7 | offenses against laws and
ordinances regulating the | ||||||
8 | movement of traffic, to a degree that
indicates lack of | ||||||
9 | ability to exercise ordinary and reasonable care in
the | ||||||
10 | safe operation of a motor vehicle or disrespect for the | ||||||
11 | traffic laws
and the safety of other persons upon the | ||||||
12 | highway;
| ||||||
13 | 4. Has by the unlawful operation of a motor vehicle | ||||||
14 | caused or
contributed to a crash an accident resulting in | ||||||
15 | injury requiring
immediate professional treatment in a | ||||||
16 | medical facility or doctor's office
to any person, except | ||||||
17 | that any suspension or revocation imposed by the
Secretary | ||||||
18 | of State under the provisions of this subsection shall | ||||||
19 | start no
later than 6 months after being convicted of | ||||||
20 | violating a law or
ordinance regulating the movement of | ||||||
21 | traffic, which violation is related
to the crash accident , | ||||||
22 | or shall start not more than one year
after
the date of the | ||||||
23 | crash accident , whichever date occurs later;
| ||||||
24 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
25 | driver's
license, identification card, or permit;
| ||||||
26 | 6. Has been lawfully convicted of an offense or |
| |||||||
| |||||||
1 | offenses in another
state, including the authorization | ||||||
2 | contained in Section 6-203.1, which
if committed within | ||||||
3 | this State would be grounds for suspension or revocation;
| ||||||
4 | 7. Has refused or failed to submit to an examination | ||||||
5 | provided for by
Section 6-207 or has failed to pass the | ||||||
6 | examination;
| ||||||
7 | 8. Is ineligible for a driver's license or permit | ||||||
8 | under the provisions
of Section 6-103;
| ||||||
9 | 9. Has made a false statement or knowingly concealed a | ||||||
10 | material fact
or has used false information or | ||||||
11 | identification in any application for a
license, | ||||||
12 | identification card, or permit;
| ||||||
13 | 10. Has possessed, displayed, or attempted to | ||||||
14 | fraudulently use any
license, identification card, or | ||||||
15 | permit not issued to the person;
| ||||||
16 | 11. Has operated a motor vehicle upon a highway of | ||||||
17 | this State when
the person's driving privilege or | ||||||
18 | privilege to obtain a driver's license
or permit was | ||||||
19 | revoked or suspended unless the operation was authorized | ||||||
20 | by
a monitoring device driving permit, judicial driving | ||||||
21 | permit issued prior to January 1, 2009, probationary | ||||||
22 | license to drive, or restricted
driving permit issued | ||||||
23 | under this Code;
| ||||||
24 | 12. Has submitted to any portion of the application | ||||||
25 | process for
another person or has obtained the services of | ||||||
26 | another person to submit to
any portion of the application |
| |||||||
| |||||||
1 | process for the purpose of obtaining a
license, | ||||||
2 | identification card, or permit for some other person;
| ||||||
3 | 13. Has operated a motor vehicle upon a highway of | ||||||
4 | this State when
the person's driver's license or permit | ||||||
5 | was invalid under the provisions of
Sections 6-107.1 and
| ||||||
6 | 6-110;
| ||||||
7 | 14. Has committed a violation of Section 6-301, | ||||||
8 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
9 | 14B of the Illinois Identification Card
Act;
| ||||||
10 | 15. Has been convicted of violating Section 21-2 of | ||||||
11 | the Criminal Code
of 1961 or the Criminal Code of 2012 | ||||||
12 | relating to criminal trespass to vehicles if the person | ||||||
13 | exercised actual physical control over the vehicle during | ||||||
14 | the commission of the offense, in which case the | ||||||
15 | suspension
shall be for one year;
| ||||||
16 | 16. Has been convicted of violating Section 11-204 of | ||||||
17 | this Code relating
to fleeing from a peace officer;
| ||||||
18 | 17. Has refused to submit to a test, or tests, as | ||||||
19 | required under Section
11-501.1 of this Code and the | ||||||
20 | person has not sought a hearing as
provided for in Section | ||||||
21 | 11-501.1;
| ||||||
22 | 18. (Blank);
| ||||||
23 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
24 | of Section 6-101
relating to driving without a driver's | ||||||
25 | license;
| ||||||
26 | 20. Has been convicted of violating Section 6-104 |
| |||||||
| |||||||
1 | relating to
classification of driver's license;
| ||||||
2 | 21. Has been convicted of violating Section 11-402 of
| ||||||
3 | this Code relating to leaving the scene of a crash an | ||||||
4 | accident resulting in damage
to a vehicle in excess of | ||||||
5 | $1,000, in which case the suspension shall be
for one | ||||||
6 | year;
| ||||||
7 | 22. Has used a motor vehicle in violating paragraph | ||||||
8 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
9 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
10 | relating
to unlawful use of weapons, in which case the | ||||||
11 | suspension shall be for one
year;
| ||||||
12 | 23. Has, as a driver, been convicted of committing a | ||||||
13 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
14 | for a second or subsequent
time within one year of a | ||||||
15 | similar violation;
| ||||||
16 | 24. Has been convicted by a court-martial or punished | ||||||
17 | by non-judicial
punishment by military authorities of the | ||||||
18 | United States at a military
installation in Illinois or in | ||||||
19 | another state of or for a traffic-related offense that is | ||||||
20 | the
same as or similar to an offense specified under | ||||||
21 | Section 6-205 or 6-206 of
this Code;
| ||||||
22 | 25. Has permitted any form of identification to be | ||||||
23 | used by another in
the application process in order to | ||||||
24 | obtain or attempt to obtain a license,
identification | ||||||
25 | card, or permit;
| ||||||
26 | 26. Has altered or attempted to alter a license or has |
| |||||||
| |||||||
1 | possessed an
altered license, identification card, or | ||||||
2 | permit;
| ||||||
3 | 27. (Blank);
| ||||||
4 | 28. Has been convicted for a first time of the illegal | ||||||
5 | possession, while operating or
in actual physical control, | ||||||
6 | as a driver, of a motor vehicle, of any
controlled | ||||||
7 | substance prohibited under the Illinois Controlled | ||||||
8 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
9 | Control
Act, or any methamphetamine prohibited under the | ||||||
10 | Methamphetamine Control and Community Protection Act, in | ||||||
11 | which case the person's driving privileges shall be | ||||||
12 | suspended for
one year.
Any defendant found guilty of this | ||||||
13 | offense while operating a motor vehicle
shall have an | ||||||
14 | entry made in the court record by the presiding judge that
| ||||||
15 | this offense did occur while the defendant was operating a | ||||||
16 | motor vehicle
and order the clerk of the court to report | ||||||
17 | the violation to the Secretary
of State;
| ||||||
18 | 29. Has been convicted of the following offenses that | ||||||
19 | were committed
while the person was operating or in actual | ||||||
20 | physical control, as a driver,
of a motor vehicle: | ||||||
21 | criminal sexual assault,
predatory criminal sexual assault | ||||||
22 | of a child,
aggravated criminal sexual
assault, criminal | ||||||
23 | sexual abuse, aggravated criminal sexual abuse, juvenile
| ||||||
24 | pimping, soliciting for a juvenile prostitute, promoting | ||||||
25 | juvenile prostitution as described in subdivision (a)(1), | ||||||
26 | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code |
| |||||||
| |||||||
1 | of 1961 or the Criminal Code of 2012, and the manufacture, | ||||||
2 | sale or
delivery of controlled substances or instruments | ||||||
3 | used for illegal drug use
or abuse in which case the | ||||||
4 | driver's driving privileges shall be suspended
for one | ||||||
5 | year;
| ||||||
6 | 30. Has been convicted a second or subsequent time for | ||||||
7 | any
combination of the offenses named in paragraph 29 of | ||||||
8 | this subsection,
in which case the person's driving | ||||||
9 | privileges shall be suspended for 5
years;
| ||||||
10 | 31. Has refused to submit to a test as
required by | ||||||
11 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
12 | Registration and Safety Act or has submitted to a test | ||||||
13 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
14 | any amount of a drug, substance, or
compound resulting | ||||||
15 | from the unlawful use or consumption of cannabis as listed
| ||||||
16 | in the Cannabis Control Act, a controlled substance as | ||||||
17 | listed in the Illinois
Controlled Substances Act, an | ||||||
18 | intoxicating compound as listed in the Use of
Intoxicating | ||||||
19 | Compounds Act, or methamphetamine as listed in the | ||||||
20 | Methamphetamine Control and Community Protection Act, in | ||||||
21 | which case the penalty shall be
as prescribed in Section | ||||||
22 | 6-208.1;
| ||||||
23 | 32. Has been convicted of Section 24-1.2 of the | ||||||
24 | Criminal Code of
1961 or the Criminal Code of 2012 | ||||||
25 | relating to the aggravated discharge of a firearm if the | ||||||
26 | offender was
located in a motor vehicle at the time the |
| |||||||
| |||||||
1 | firearm was discharged, in which
case the suspension shall | ||||||
2 | be for 3 years;
| ||||||
3 | 33. Has as a driver, who was less than 21 years of age | ||||||
4 | on the date of
the offense, been convicted a first time of | ||||||
5 | a violation of paragraph (a) of
Section 11-502 of this | ||||||
6 | Code or a similar provision of a local ordinance;
| ||||||
7 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
8 | this Code or a similar provision of a local ordinance;
| ||||||
9 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
10 | this Code or a similar provision of a local ordinance;
| ||||||
11 | 36. Is under the age of 21 years at the time of arrest | ||||||
12 | and has been
convicted of not less than 2 offenses against | ||||||
13 | traffic regulations governing
the movement of vehicles | ||||||
14 | committed within any 24-month period. No revocation
or | ||||||
15 | suspension shall be entered more than 6 months after the | ||||||
16 | date of last
conviction;
| ||||||
17 | 37. Has committed a violation of subsection (c) of | ||||||
18 | Section 11-907 of this
Code that resulted in damage to the | ||||||
19 | property of another or the death or injury of another;
| ||||||
20 | 38. Has been convicted of a violation of Section 6-20 | ||||||
21 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
22 | a local ordinance and the person was an occupant of a motor | ||||||
23 | vehicle at the time of the violation;
| ||||||
24 | 39. Has committed a second or subsequent violation of | ||||||
25 | Section
11-1201 of this Code;
| ||||||
26 | 40. Has committed a violation of subsection (a-1) of |
| |||||||
| |||||||
1 | Section 11-908 of
this Code; | ||||||
2 | 41. Has committed a second or subsequent violation of | ||||||
3 | Section 11-605.1 of this Code, a similar provision of a | ||||||
4 | local ordinance, or a similar violation in any other state | ||||||
5 | within 2 years of the date of the previous violation, in | ||||||
6 | which case the suspension shall be for 90 days; | ||||||
7 | 42. Has committed a violation of subsection (a-1) of | ||||||
8 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
9 | local ordinance;
| ||||||
10 | 43. Has received a disposition of court supervision | ||||||
11 | for a violation of subsection (a), (d), or (e) of Section | ||||||
12 | 6-20 of the Liquor
Control Act of 1934 or a similar | ||||||
13 | provision of a local ordinance and the person was an | ||||||
14 | occupant of a motor vehicle at the time of the violation, | ||||||
15 | in which case the suspension shall be for a period of 3 | ||||||
16 | months;
| ||||||
17 | 44.
Is under the age of 21 years at the time of arrest | ||||||
18 | and has been convicted of an offense against traffic | ||||||
19 | regulations governing the movement of vehicles after | ||||||
20 | having previously had his or her driving privileges
| ||||||
21 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
22 | Section; | ||||||
23 | 45.
Has, in connection with or during the course of a | ||||||
24 | formal hearing conducted under Section 2-118 of this Code: | ||||||
25 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
26 | falsified documents; (iii) submitted documents that have |
| |||||||
| |||||||
1 | been materially altered; or (iv) submitted, as his or her | ||||||
2 | own, documents that were in fact prepared or composed for | ||||||
3 | another person; | ||||||
4 | 46. Has committed a violation of subsection (j) of | ||||||
5 | Section 3-413 of this Code;
| ||||||
6 | 47. Has committed a violation of subsection (a) of | ||||||
7 | Section 11-502.1 of this Code; | ||||||
8 | 48. Has submitted a falsified or altered medical | ||||||
9 | examiner's certificate to the Secretary of State or | ||||||
10 | provided false information to obtain a medical examiner's | ||||||
11 | certificate; | ||||||
12 | 49. Has been convicted of a violation of Section | ||||||
13 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
14 | another, in which case the driving privileges of the | ||||||
15 | person shall be suspended for 12 months; or | ||||||
16 | 50. Has committed a violation of subsection (b-5) of | ||||||
17 | Section 12-610.2 that resulted in great bodily harm, | ||||||
18 | permanent disability, or disfigurement, in which case the | ||||||
19 | driving privileges of the person shall be suspended for 12 | ||||||
20 | months. ; or 50 | ||||||
21 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
22 | and 27 of this
subsection, license means any driver's license, | ||||||
23 | any traffic ticket issued when
the person's driver's license | ||||||
24 | is deposited in lieu of bail, a suspension
notice issued by the | ||||||
25 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
26 | a probationary driver's license, or a temporary driver's |
| |||||||
| |||||||
1 | license. | ||||||
2 | (b) If any conviction forming the basis of a suspension or
| ||||||
3 | revocation authorized under this Section is appealed, the
| ||||||
4 | Secretary of State may rescind or withhold the entry of the | ||||||
5 | order of suspension
or revocation, as the case may be, | ||||||
6 | provided that a certified copy of a stay
order of a court is | ||||||
7 | filed with the Secretary of State. If the conviction is
| ||||||
8 | affirmed on appeal, the date of the conviction shall relate | ||||||
9 | back to the time
the original judgment of conviction was | ||||||
10 | entered and the 6-month limitation
prescribed shall not apply.
| ||||||
11 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
12 | permit of
any person as authorized in this Section, the | ||||||
13 | Secretary of State shall
immediately notify the person in | ||||||
14 | writing of the revocation or suspension.
The notice to be | ||||||
15 | deposited in the United States mail, postage prepaid,
to the | ||||||
16 | last known address of the person.
| ||||||
17 | 2. If the Secretary of State suspends the driver's license
| ||||||
18 | of a person under subsection 2 of paragraph (a) of this | ||||||
19 | Section, a
person's privilege to operate a vehicle as an | ||||||
20 | occupation shall not be
suspended, provided an affidavit is | ||||||
21 | properly completed, the appropriate fee
received, and a permit | ||||||
22 | issued prior to the effective date of the
suspension, unless 5 | ||||||
23 | offenses were committed, at least 2 of which occurred
while | ||||||
24 | operating a commercial vehicle in connection with the driver's
| ||||||
25 | regular occupation. All other driving privileges shall be | ||||||
26 | suspended by the
Secretary of State. Any driver prior to |
| |||||||
| |||||||
1 | operating a vehicle for
occupational purposes only must submit | ||||||
2 | the affidavit on forms to be
provided by the Secretary of State | ||||||
3 | setting forth the facts of the person's
occupation. The | ||||||
4 | affidavit shall also state the number of offenses
committed | ||||||
5 | while operating a vehicle in connection with the driver's | ||||||
6 | regular
occupation. The affidavit shall be accompanied by the | ||||||
7 | driver's license.
Upon receipt of a properly completed | ||||||
8 | affidavit, the Secretary of State
shall issue the driver a | ||||||
9 | permit to operate a vehicle in connection with the
driver's | ||||||
10 | regular occupation only. Unless the permit is issued by the
| ||||||
11 | Secretary of State prior to the date of suspension, the | ||||||
12 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
13 | forth in the notice that was
mailed under this Section. If an | ||||||
14 | affidavit is received subsequent to the
effective date of this | ||||||
15 | suspension, a permit may be issued for the remainder
of the | ||||||
16 | suspension period.
| ||||||
17 | The provisions of this subparagraph shall not apply to any | ||||||
18 | driver
required to possess a CDL for the purpose of operating a | ||||||
19 | commercial motor vehicle.
| ||||||
20 | Any person who falsely states any fact in the affidavit | ||||||
21 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
22 | and upon conviction
thereof shall have all driving privileges | ||||||
23 | revoked without further rights.
| ||||||
24 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
25 | this Code,
the Secretary of State shall either rescind or | ||||||
26 | continue an order of
revocation or shall substitute an order |
| |||||||
| |||||||
1 | of suspension; or, good
cause appearing therefor, rescind, | ||||||
2 | continue, change, or extend the
order of suspension. If the | ||||||
3 | Secretary of State does not rescind the order,
the Secretary | ||||||
4 | may upon application,
to relieve undue hardship (as defined by | ||||||
5 | the rules of the Secretary of State), issue
a restricted | ||||||
6 | driving permit granting the privilege of driving a motor
| ||||||
7 | vehicle between the petitioner's residence and petitioner's | ||||||
8 | place of
employment or within the scope of the petitioner's | ||||||
9 | employment-related duties, or to
allow the petitioner to | ||||||
10 | transport himself or herself, or a family member of the
| ||||||
11 | petitioner's household to a medical facility, to receive | ||||||
12 | necessary medical care, to allow the petitioner to transport | ||||||
13 | himself or herself to and from alcohol or drug
remedial or | ||||||
14 | rehabilitative activity recommended by a licensed service | ||||||
15 | provider, or to allow the petitioner to transport himself or | ||||||
16 | herself or a family member of the petitioner's household to | ||||||
17 | classes, as a student, at an accredited educational | ||||||
18 | institution, or to allow the petitioner to transport children, | ||||||
19 | elderly persons, or persons with disabilities who do not hold | ||||||
20 | driving privileges and are living in the petitioner's | ||||||
21 | household to and from daycare. The
petitioner must demonstrate | ||||||
22 | that no alternative means of
transportation is reasonably | ||||||
23 | available and that the petitioner will not endanger
the public | ||||||
24 | safety or welfare.
| ||||||
25 | (A) If a person's license or permit is revoked or | ||||||
26 | suspended due to 2
or more convictions of violating |
| |||||||
| |||||||
1 | Section 11-501 of this Code or a similar
provision of a | ||||||
2 | local ordinance or a similar out-of-state offense, or | ||||||
3 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
4 | Code of 2012, where the use of alcohol or other drugs is | ||||||
5 | recited as an element of the offense, or a similar | ||||||
6 | out-of-state offense, or a combination of these offenses, | ||||||
7 | arising out
of separate occurrences, that person, if | ||||||
8 | issued a restricted driving permit,
may not operate a | ||||||
9 | vehicle unless it has been equipped with an ignition
| ||||||
10 | interlock device as defined in Section 1-129.1.
| ||||||
11 | (B) If a person's license or permit is revoked or | ||||||
12 | suspended 2 or more
times due to any combination of: | ||||||
13 | (i) a single conviction of violating Section
| ||||||
14 | 11-501 of this Code or a similar provision of a local | ||||||
15 | ordinance or a similar
out-of-state offense or Section | ||||||
16 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
17 | of 2012, where the use of alcohol or other drugs is | ||||||
18 | recited as an element of the offense, or a similar | ||||||
19 | out-of-state offense; or | ||||||
20 | (ii) a statutory summary suspension or revocation | ||||||
21 | under Section
11-501.1; or | ||||||
22 | (iii) a suspension under Section 6-203.1; | ||||||
23 | arising out of
separate occurrences; that person, if | ||||||
24 | issued a restricted driving permit, may
not operate a | ||||||
25 | vehicle unless it has been
equipped with an ignition | ||||||
26 | interlock device as defined in Section 1-129.1. |
| |||||||
| |||||||
1 | (B-5) If a person's license or permit is revoked or | ||||||
2 | suspended due to a conviction for a violation of | ||||||
3 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
4 | of Section 11-501 of this Code, or a similar provision of a | ||||||
5 | local ordinance or similar out-of-state offense, that | ||||||
6 | person, if issued a restricted driving permit, may not | ||||||
7 | operate a vehicle unless it has been equipped with an | ||||||
8 | ignition interlock device as defined in Section 1-129.1. | ||||||
9 | (C)
The person issued a permit conditioned upon the | ||||||
10 | use of an ignition interlock device must pay to the | ||||||
11 | Secretary of State DUI Administration Fund an amount
not | ||||||
12 | to exceed $30 per month. The Secretary shall establish by | ||||||
13 | rule the amount
and the procedures, terms, and conditions | ||||||
14 | relating to these fees. | ||||||
15 | (D) If the
restricted driving permit is issued for | ||||||
16 | employment purposes, then the prohibition against | ||||||
17 | operating a motor vehicle that is not equipped with an | ||||||
18 | ignition interlock device does not apply to the operation | ||||||
19 | of an occupational vehicle owned or
leased by that | ||||||
20 | person's employer when used solely for employment | ||||||
21 | purposes. For any person who, within a 5-year period, is | ||||||
22 | convicted of a second or subsequent offense under Section | ||||||
23 | 11-501 of this Code, or a similar provision of a local | ||||||
24 | ordinance or similar out-of-state offense, this employment | ||||||
25 | exemption does not apply until either a one-year period | ||||||
26 | has elapsed during which that person had his or her |
| |||||||
| |||||||
1 | driving privileges revoked or a one-year period has | ||||||
2 | elapsed during which that person had a restricted driving | ||||||
3 | permit which required the use of an ignition interlock | ||||||
4 | device on every motor vehicle owned or operated by that | ||||||
5 | person. | ||||||
6 | (E) In each case the Secretary may issue a
restricted | ||||||
7 | driving permit for a period deemed appropriate, except | ||||||
8 | that all
permits shall expire no later than 2 years from | ||||||
9 | the date of issuance. A
restricted driving permit issued | ||||||
10 | under this Section shall be subject to
cancellation, | ||||||
11 | revocation, and suspension by the Secretary of State in | ||||||
12 | like
manner and for like cause as a driver's license | ||||||
13 | issued under this Code may be
cancelled, revoked, or | ||||||
14 | suspended; except that a conviction upon one or more
| ||||||
15 | offenses against laws or ordinances regulating the | ||||||
16 | movement of traffic
shall be deemed sufficient cause for | ||||||
17 | the revocation, suspension, or
cancellation of a | ||||||
18 | restricted driving permit. The Secretary of State may, as
| ||||||
19 | a condition to the issuance of a restricted driving | ||||||
20 | permit, require the
applicant to participate in a | ||||||
21 | designated driver remedial or rehabilitative
program. The | ||||||
22 | Secretary of State is authorized to cancel a restricted
| ||||||
23 | driving permit if the permit holder does not successfully | ||||||
24 | complete the program.
| ||||||
25 | (F) A person subject to the provisions of paragraph 4 | ||||||
26 | of subsection (b) of Section 6-208 of this Code may make |
| |||||||
| |||||||
1 | application for a restricted driving permit at a hearing | ||||||
2 | conducted under Section 2-118 of this Code after the | ||||||
3 | expiration of 5 years from the effective date of the most | ||||||
4 | recent revocation or after 5 years from the date of | ||||||
5 | release from a period of imprisonment resulting from a | ||||||
6 | conviction of the most recent offense, whichever is later, | ||||||
7 | provided the person, in addition to all other requirements | ||||||
8 | of the Secretary, shows by clear and convincing evidence: | ||||||
9 | (i) a minimum of 3 years of uninterrupted | ||||||
10 | abstinence from alcohol and the unlawful use or | ||||||
11 | consumption of cannabis under the Cannabis Control | ||||||
12 | Act, a controlled substance under the Illinois | ||||||
13 | Controlled Substances Act, an intoxicating compound | ||||||
14 | under the Use of Intoxicating Compounds Act, or | ||||||
15 | methamphetamine under the Methamphetamine Control and | ||||||
16 | Community Protection Act; and | ||||||
17 | (ii) the successful completion of any | ||||||
18 | rehabilitative treatment and involvement in any | ||||||
19 | ongoing rehabilitative activity that may be | ||||||
20 | recommended by a properly licensed service provider | ||||||
21 | according to an assessment of the person's alcohol or | ||||||
22 | 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 subparagraph (F), the | ||||||
25 | Secretary may consider any relevant evidence, including, | ||||||
26 | but not limited to, testimony, affidavits, records, and |
| |||||||
| |||||||
1 | the results of regular alcohol or drug tests. Persons | ||||||
2 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
3 | of Section 6-208 of this Code and who have been convicted | ||||||
4 | of more than one violation of paragraph (3), paragraph | ||||||
5 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
6 | of this Code shall not be eligible to apply for a | ||||||
7 | restricted driving permit under this subparagraph (F). | ||||||
8 | A restricted driving permit issued under this | ||||||
9 | subparagraph (F) shall provide that the holder may only | ||||||
10 | operate motor vehicles equipped with an ignition interlock | ||||||
11 | device as required under paragraph (2) of subsection (c) | ||||||
12 | of Section 6-205 of this Code and subparagraph (A) of | ||||||
13 | paragraph 3 of subsection (c) of this Section. The | ||||||
14 | Secretary may revoke a restricted driving permit or amend | ||||||
15 | the conditions of a restricted driving permit issued under | ||||||
16 | this subparagraph (F) if the holder operates a vehicle | ||||||
17 | that is not equipped with an ignition interlock device, or | ||||||
18 | for any other reason authorized under this Code. | ||||||
19 | A restricted driving permit issued under this | ||||||
20 | subparagraph (F) shall be revoked, and the holder barred | ||||||
21 | from applying for or being issued a restricted driving | ||||||
22 | permit in the future, if the holder is convicted of a | ||||||
23 | violation of Section 11-501 of this Code, a similar | ||||||
24 | provision of a local ordinance, or a similar offense in | ||||||
25 | another state. | ||||||
26 | (c-3) In the case of a suspension under paragraph 43 of |
| |||||||
| |||||||
1 | subsection (a), reports received by the Secretary of State | ||||||
2 | under this Section shall, except during the actual time the | ||||||
3 | suspension is in effect, be privileged information and for use | ||||||
4 | only by the courts, police officers, prosecuting authorities, | ||||||
5 | the driver licensing administrator of any other state, the | ||||||
6 | Secretary of State, or the parent or legal guardian of a driver | ||||||
7 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
8 | person is a CDL holder, the suspension shall also be made | ||||||
9 | available to the driver licensing administrator of any other | ||||||
10 | state, the U.S. Department of Transportation, and the affected | ||||||
11 | driver or motor
carrier or prospective motor carrier upon | ||||||
12 | request.
| ||||||
13 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
14 | subsection (a), the Secretary of State shall notify the person | ||||||
15 | by mail that his or her driving privileges and driver's | ||||||
16 | license will be suspended one month after the date of the | ||||||
17 | mailing of the notice.
| ||||||
18 | (c-5) The Secretary of State may, as a condition of the | ||||||
19 | reissuance of a
driver's license or permit to an applicant | ||||||
20 | whose driver's license or permit has
been suspended before he | ||||||
21 | or she reached the age of 21 years pursuant to any of
the | ||||||
22 | provisions of this Section, require the applicant to | ||||||
23 | participate in a
driver remedial education course and be | ||||||
24 | retested under Section 6-109 of this
Code.
| ||||||
25 | (d) This Section is subject to the provisions of the | ||||||
26 | Driver License
Compact.
|
| |||||||
| |||||||
1 | (e) The Secretary of State shall not issue a restricted | ||||||
2 | driving permit to
a person under the age of 16 years whose | ||||||
3 | driving privileges have been suspended
or revoked under any | ||||||
4 | provisions of this Code.
| ||||||
5 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
6 | State may not issue a restricted driving permit for the | ||||||
7 | operation of a commercial motor vehicle to a person holding a | ||||||
8 | CDL whose driving privileges have been suspended, revoked, | ||||||
9 | cancelled, or disqualified under any provisions of this Code. | ||||||
10 | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; | ||||||
11 | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. | ||||||
12 | 8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
| ||||||
13 | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | ||||||
14 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||
15 | drug,
or intoxicating compound related suspension or | ||||||
16 | revocation. | ||||||
17 | (a) Unless the statutory summary suspension has been | ||||||
18 | rescinded, any
person whose privilege to drive a motor vehicle | ||||||
19 | on the public highways has
been summarily suspended, pursuant | ||||||
20 | to Section 11-501.1, shall not be
eligible for restoration of | ||||||
21 | the privilege until the expiration of: | ||||||
22 | 1. twelve months from the effective date of the | ||||||
23 | statutory summary suspension
for a refusal or failure to | ||||||
24 | complete a test or tests to determine the alcohol, other | ||||||
25 | drug, or intoxicating compound concentration under
Section |
| |||||||
| |||||||
1 | 11-501.1, if the person was not involved in a motor | ||||||
2 | vehicle crash accident that caused personal injury or | ||||||
3 | death to another; or | ||||||
4 | 2. six months from the effective date of the statutory | ||||||
5 | summary
suspension imposed following the person's | ||||||
6 | submission to a chemical test
which disclosed an alcohol | ||||||
7 | concentration of 0.08 or more, the presence of cannabis as | ||||||
8 | listed in the Cannabis Control Act with a | ||||||
9 | tetrahydrocannabinol concentration as defined in paragraph | ||||||
10 | 6 of subsection (a) of Section 11-501.2 of this Code, or | ||||||
11 | any
amount
of a
drug, substance, or intoxicating compound | ||||||
12 | in such person's
breath, blood, other bodily substance, or
| ||||||
13 | urine resulting
from the unlawful use or consumption of a | ||||||
14 | controlled substance listed in the Illinois
Controlled
| ||||||
15 | Substances Act, an intoxicating compound listed in the Use | ||||||
16 | of Intoxicating
Compounds Act, or methamphetamine as | ||||||
17 | listed in the Methamphetamine Control and Community | ||||||
18 | Protection Act, pursuant to Section 11-501.1; or | ||||||
19 | 3. three years from the effective date of the | ||||||
20 | statutory summary suspension
for any person other than a | ||||||
21 | first offender who refuses or fails to
complete a test or | ||||||
22 | tests to determine the alcohol, drug, or
intoxicating
| ||||||
23 | compound concentration
pursuant to Section 11-501.1; or | ||||||
24 | 4. one year from the effective date of the summary | ||||||
25 | suspension imposed
for any person other than a first | ||||||
26 | offender following submission to a
chemical test which |
| |||||||
| |||||||
1 | disclosed an alcohol concentration of 0.08 or
more
| ||||||
2 | pursuant to Section 11-501.1, the presence of cannabis as | ||||||
3 | listed in the Cannabis Control Act with a | ||||||
4 | tetrahydrocannabinol concentration as defined in paragraph | ||||||
5 | 6 of subsection (a) of Section 11-501.2 of this Code, or | ||||||
6 | any amount of a drug, substance or
compound in such | ||||||
7 | person's blood, other bodily substance, or urine resulting | ||||||
8 | from the unlawful use or
consumption of a
controlled
| ||||||
9 | substance listed in the Illinois Controlled Substances | ||||||
10 | Act, an
intoxicating
compound listed in the Use of | ||||||
11 | Intoxicating Compounds Act, or methamphetamine as listed | ||||||
12 | in the Methamphetamine Control and Community Protection | ||||||
13 | Act; or | ||||||
14 | 5. (Blank). | ||||||
15 | (b) Following a statutory summary suspension of the | ||||||
16 | privilege to drive a
motor vehicle under Section 11-501.1, | ||||||
17 | driving privileges shall be
restored unless the person is | ||||||
18 | otherwise suspended, revoked, or cancelled by this Code. If
| ||||||
19 | the court has reason to believe that the person's
driving | ||||||
20 | privilege should not be restored, the court shall notify
the | ||||||
21 | Secretary of State prior to the expiration of the statutory | ||||||
22 | summary
suspension so appropriate action may be taken pursuant | ||||||
23 | to this Code. | ||||||
24 | (c) Driving privileges may not be restored until all | ||||||
25 | applicable
reinstatement fees, as provided by this Code, have | ||||||
26 | been paid to the Secretary
of State and the appropriate entry |
| |||||||
| |||||||
1 | made to the driver's record. | ||||||
2 | (d) Where a driving privilege has been summarily suspended | ||||||
3 | or revoked under Section
11-501.1 and the person is | ||||||
4 | subsequently convicted of violating Section
11-501, or a | ||||||
5 | similar provision of a local ordinance, for the same incident,
| ||||||
6 | any period served on statutory summary suspension or | ||||||
7 | revocation shall be credited toward
the minimum period of | ||||||
8 | revocation of driving privileges imposed pursuant to
Section | ||||||
9 | 6-205. | ||||||
10 | (e) A first offender who refused chemical testing and | ||||||
11 | whose driving privileges were summarily revoked pursuant to | ||||||
12 | Section 11-501.1 shall not be eligible for a monitoring device | ||||||
13 | driving permit, but may make application for reinstatement or | ||||||
14 | for a restricted driving permit after a period of one year has | ||||||
15 | elapsed from the effective date of the revocation. | ||||||
16 | (f) (Blank). | ||||||
17 | (g) (Blank). | ||||||
18 | (h) (Blank). | ||||||
19 | (Source: P.A. 98-122, eff. 1-1-14; 98-1015, eff. 8-22-14; | ||||||
20 | 98-1172, eff. 1-12-15; 99-467, eff. 1-1-16; 99-697, eff. | ||||||
21 | 7-29-16.)
| ||||||
22 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||||||
23 | Sec. 6-303. Driving while driver's license, permit, or | ||||||
24 | privilege to
operate a motor vehicle is suspended or revoked.
| ||||||
25 | (a) Except as otherwise provided in subsection (a-5) or |
| |||||||
| |||||||
1 | (a-7), any person who drives or is in actual physical control | ||||||
2 | of a motor
vehicle on any highway of this State at a time when | ||||||
3 | such person's driver's
license, permit, or privilege to do so | ||||||
4 | or the privilege to obtain a driver's
license or permit is | ||||||
5 | revoked or suspended as provided by this Code or the law
of | ||||||
6 | another state, except as may be specifically allowed by a | ||||||
7 | judicial driving
permit issued prior to January 1, 2009, | ||||||
8 | monitoring device driving permit, family financial | ||||||
9 | responsibility driving permit, probationary
license to drive, | ||||||
10 | or a restricted driving permit issued pursuant to this Code
or | ||||||
11 | under the law of another state, shall be guilty of a Class A | ||||||
12 | misdemeanor.
| ||||||
13 | (a-3) A second or subsequent violation of subsection (a) | ||||||
14 | of this Section is a Class 4 felony if committed by a person | ||||||
15 | whose driving or operation of a motor vehicle is the proximate | ||||||
16 | cause of a motor vehicle crash accident that causes personal | ||||||
17 | injury or death to another. For purposes of this subsection, a | ||||||
18 | personal injury includes any Type A injury as indicated on the | ||||||
19 | traffic crash accident report completed by a law enforcement | ||||||
20 | officer that requires immediate professional attention in | ||||||
21 | either a doctor's office or a medical facility. A Type A injury | ||||||
22 | includes severe bleeding wounds, distorted extremities, and | ||||||
23 | injuries that require the injured party to be carried from the | ||||||
24 | scene. | ||||||
25 | (a-5) Any person who violates this Section as provided in | ||||||
26 | subsection (a) while his or her driver's license, permit, or |
| |||||||
| |||||||
1 | privilege is revoked because of a violation of Section 9-3 of | ||||||
2 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
3 | relating to the offense of reckless homicide, or a violation | ||||||
4 | of subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
5 | Section 11-501 of this Code, relating to the offense of | ||||||
6 | aggravated driving under the influence of alcohol, other drug | ||||||
7 | or drugs, or intoxicating compound or compounds, or any | ||||||
8 | combination thereof when the violation was a proximate cause | ||||||
9 | of a death, or a similar provision of a law of another state, | ||||||
10 | is guilty of a Class 4 felony. The person shall be required to | ||||||
11 | undergo a professional evaluation, as provided in Section | ||||||
12 | 11-501 of this Code, to determine if an alcohol, drug, or | ||||||
13 | intoxicating compound problem exists and the extent of the | ||||||
14 | problem, and to undergo the imposition of treatment as | ||||||
15 | appropriate.
| ||||||
16 | (a-7) Any person who violates this Section as provided in | ||||||
17 | subsection (a) while his or her driver's license or privilege | ||||||
18 | to drive is suspended under Section 6-306.5 or 7-702 of this | ||||||
19 | Code shall receive a Uniform Traffic Citation from the law | ||||||
20 | enforcement officer. A person who receives 3 or more Uniform | ||||||
21 | Traffic Citations under this subsection (a-7) without paying | ||||||
22 | any fees associated with the citations shall be guilty of a | ||||||
23 | Class A misdemeanor. | ||||||
24 | (a-10) A person's driver's license, permit, or privilege | ||||||
25 | to obtain a driver's license or permit may be subject to | ||||||
26 | multiple revocations, multiple suspensions, or any combination |
| |||||||
| |||||||
1 | of both simultaneously. No revocation or suspension shall | ||||||
2 | serve to negate, invalidate, cancel, postpone, or in any way | ||||||
3 | lessen the effect of any other revocation or suspension | ||||||
4 | entered prior or subsequent to any other revocation or | ||||||
5 | suspension. | ||||||
6 | (b) (Blank). | ||||||
7 | (b-1) Except for a person under subsection (a-7) of this | ||||||
8 | Section, upon receiving a report of the conviction of any | ||||||
9 | violation indicating a person was operating a motor vehicle | ||||||
10 | during the time when the person's driver's license, permit, or | ||||||
11 | privilege was suspended by the Secretary of State or the | ||||||
12 | driver's licensing administrator of another state, except as | ||||||
13 | specifically allowed by a probationary license, judicial | ||||||
14 | driving permit, restricted driving permit, or monitoring | ||||||
15 | device driving permit, the Secretary shall extend the | ||||||
16 | suspension for the same period of time as the originally | ||||||
17 | imposed suspension unless the suspension has already expired, | ||||||
18 | in which case the Secretary shall be authorized to suspend the | ||||||
19 | person's driving privileges for the same period of time as the | ||||||
20 | originally imposed suspension. | ||||||
21 | (b-2) Except as provided in subsection (b-6) or (a-7), | ||||||
22 | upon receiving a report of the conviction of any violation | ||||||
23 | indicating a person was operating a motor vehicle when the | ||||||
24 | person's driver's license, permit, or privilege was revoked by | ||||||
25 | the Secretary of State or the driver's license administrator | ||||||
26 | of any other state, except as specifically allowed by a |
| |||||||
| |||||||
1 | restricted driving permit issued pursuant to this Code or the | ||||||
2 | law of another state, the Secretary shall not issue a driver's | ||||||
3 | license for an additional period of one year from the date of | ||||||
4 | such conviction indicating such person was operating a vehicle | ||||||
5 | during such period of revocation. | ||||||
6 | (b-3) (Blank).
| ||||||
7 | (b-4) When the Secretary of State receives a report of a | ||||||
8 | conviction of any violation indicating a person was operating | ||||||
9 | a motor vehicle that was not equipped with an ignition | ||||||
10 | interlock device during a time when the person was prohibited | ||||||
11 | from operating a motor vehicle not equipped with such a | ||||||
12 | device, the Secretary shall not issue a driver's license to | ||||||
13 | that person for an additional period of one year from the date | ||||||
14 | of the conviction.
| ||||||
15 | (b-5) Any person convicted of violating this Section shall | ||||||
16 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
17 | 300
hours of community service
when the person's driving | ||||||
18 | privilege was revoked or suspended as a result of a violation | ||||||
19 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
20 | Code of 2012,
relating to the offense of reckless homicide, or | ||||||
21 | a violation of subparagraph (F) of paragraph (1) of subsection | ||||||
22 | (d) of Section 11-501 of this Code, relating to the offense of | ||||||
23 | aggravated driving under the influence of alcohol, other drug | ||||||
24 | or drugs, or intoxicating compound or compounds, or any | ||||||
25 | combination thereof when the violation was a proximate cause | ||||||
26 | of a death, or a similar provision of a law of another state.
|
| |||||||
| |||||||
1 | The court may give credit toward the fulfillment of community | ||||||
2 | service hours for participation in activities and treatment as | ||||||
3 | determined by court services. | ||||||
4 | (b-6) Upon receiving a report of a first conviction of | ||||||
5 | operating a motor vehicle while the person's driver's license, | ||||||
6 | permit, or privilege was revoked where the revocation was for | ||||||
7 | a violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012 relating to the offense of reckless | ||||||
9 | homicide, or a violation of subparagraph (F) of paragraph (1) | ||||||
10 | of subsection (d) of Section 11-501 of this Code, relating to | ||||||
11 | the offense of aggravated driving under the influence of | ||||||
12 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
13 | compounds, or any combination thereof when the violation was a | ||||||
14 | proximate cause of a death, or a similar out-of-state offense, | ||||||
15 | the Secretary shall not issue a driver's license for an | ||||||
16 | additional period of 3 years from the date of such conviction. | ||||||
17 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
18 | person convicted of violating this Section shall serve a | ||||||
19 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
20 | of community service
when the person's driving privilege was | ||||||
21 | revoked or suspended as a result of:
| ||||||
22 | (1) a violation of Section 11-501 of this Code or a | ||||||
23 | similar provision
of a local ordinance relating to the | ||||||
24 | offense of operating or being in physical
control of a | ||||||
25 | vehicle while under the influence of alcohol, any other | ||||||
26 | drug
or any combination thereof; or
|
| |||||||
| |||||||
1 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
2 | this Code or a
similar provision of a local ordinance | ||||||
3 | relating to the offense of leaving the
scene of a motor | ||||||
4 | vehicle crash accident involving personal injury or death; | ||||||
5 | or
| ||||||
6 | (3)
a statutory summary suspension or revocation under | ||||||
7 | Section 11-501.1 of this
Code.
| ||||||
8 | Such sentence of imprisonment or community service shall | ||||||
9 | not be subject
to suspension in order to reduce such sentence.
| ||||||
10 | (c-1) Except as provided in subsections (a-7), (c-5), and | ||||||
11 | (d), any person convicted of a
second violation of this | ||||||
12 | Section shall be ordered by the court to serve a
minimum
of 100 | ||||||
13 | hours of community service. The court may give credit toward | ||||||
14 | the fulfillment of community service hours for participation | ||||||
15 | in activities and treatment as determined by court services.
| ||||||
16 | (c-2) In addition to other penalties imposed under this | ||||||
17 | Section, the
court may impose on any person convicted a fourth | ||||||
18 | time of violating this
Section any of
the following:
| ||||||
19 | (1) Seizure of the license plates of the person's | ||||||
20 | vehicle.
| ||||||
21 | (2) Immobilization of the person's vehicle for a | ||||||
22 | period of time
to be determined by the court.
| ||||||
23 | (c-3) Any person convicted of a violation of this Section | ||||||
24 | during a period of summary suspension imposed pursuant to | ||||||
25 | Section 11-501.1 when the person was eligible for a monitoring | ||||||
26 | device driving permit shall be guilty of a Class 4 felony and |
| |||||||
| |||||||
1 | shall serve a minimum term of imprisonment of 30 days. | ||||||
2 | (c-4) Any person who has been issued a monitoring device | ||||||
3 | driving permit or a restricted driving permit which requires | ||||||
4 | the person to operate only motor vehicles equipped with an | ||||||
5 | ignition interlock device and who is convicted of a violation | ||||||
6 | of this Section as a result of operating or being in actual | ||||||
7 | physical control of a motor vehicle not equipped with an | ||||||
8 | ignition interlock device at the time of the offense shall be | ||||||
9 | guilty of a Class 4 felony and shall serve a minimum term of | ||||||
10 | imprisonment of 30 days.
| ||||||
11 | (c-5) Any person convicted of a second violation of this
| ||||||
12 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
13 | probation or conditional discharge, and shall serve a | ||||||
14 | mandatory term of
imprisonment, if: | ||||||
15 | (1) the current violation occurred when the person's | ||||||
16 | driver's license was suspended or revoked for a violation | ||||||
17 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
18 | Code of 2012, relating
to the offense of reckless | ||||||
19 | homicide, or a violation of subparagraph (F) of paragraph | ||||||
20 | (1) of subsection (d) of Section 11-501 of this Code, | ||||||
21 | relating to the offense of aggravated driving under the | ||||||
22 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
23 | compound or compounds, or any combination thereof when the | ||||||
24 | violation was a proximate cause of a death, or a similar | ||||||
25 | out-of-state offense; and | ||||||
26 | (2) the prior conviction under this Section occurred |
| |||||||
| |||||||
1 | while the person's driver's license was suspended or | ||||||
2 | revoked for a violation of Section 9-3 of the Criminal | ||||||
3 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
4 | offense of reckless homicide, or a violation of | ||||||
5 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
6 | Section 11-501 of this Code, relating to the offense of | ||||||
7 | aggravated driving under the influence of alcohol, other | ||||||
8 | drug or drugs, or intoxicating compound or compounds, or | ||||||
9 | any combination thereof when the violation was a proximate | ||||||
10 | cause of a death, or a similar out-of-state offense, or | ||||||
11 | was suspended or revoked for a violation of Section 11-401 | ||||||
12 | or 11-501 of this Code, a similar out-of-state offense, a | ||||||
13 | similar provision of a local ordinance, or a statutory | ||||||
14 | summary suspension or revocation under Section 11-501.1 of | ||||||
15 | this Code.
| ||||||
16 | (d) Any person convicted of a second violation of this
| ||||||
17 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
18 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
19 | community service, as determined by the
court, if: | ||||||
20 | (1) the current violation occurred when the person's | ||||||
21 | driver's license was suspended or revoked for a violation | ||||||
22 | of Section 11-401 or 11-501 of this Code,
a similar | ||||||
23 | out-of-state offense, a similar provision of a local
| ||||||
24 | ordinance, or a
statutory summary suspension or revocation | ||||||
25 | under Section 11-501.1 of this Code; and | ||||||
26 | (2) the prior conviction under this Section occurred |
| |||||||
| |||||||
1 | while the person's driver's license was suspended or | ||||||
2 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
3 | this Code, a similar out-of-state offense, a similar | ||||||
4 | provision of a local ordinance, or a statutory summary | ||||||
5 | suspension or revocation under Section 11-501.1 of this | ||||||
6 | Code, or for a violation of Section 9-3 of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
8 | offense of reckless homicide, or a violation of | ||||||
9 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
10 | Section 11-501 of this Code, relating to the offense of | ||||||
11 | aggravated driving under the influence of alcohol, other | ||||||
12 | drug or drugs, or intoxicating compound or compounds, or | ||||||
13 | any combination thereof when the violation was a proximate | ||||||
14 | cause of a death, or a similar out-of-state offense.
| ||||||
15 | The court may give credit toward the fulfillment of | ||||||
16 | community service hours for participation in activities and | ||||||
17 | treatment as determined by court services. | ||||||
18 | (d-1) Except as provided in subsections (a-7), (d-2), | ||||||
19 | (d-2.5), and (d-3), any
person convicted of
a third or | ||||||
20 | subsequent violation of this Section shall serve a minimum | ||||||
21 | term of
imprisonment of 30 days or 300 hours of community | ||||||
22 | service, as determined by the
court. The court may give credit | ||||||
23 | toward the fulfillment of community service hours for | ||||||
24 | participation in activities and treatment as determined by | ||||||
25 | court services.
| ||||||
26 | (d-2) Any person convicted of a third violation of this
|
| |||||||
| |||||||
1 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
2 | term of
imprisonment of 30 days, if: | ||||||
3 | (1) the current violation occurred when the person's | ||||||
4 | driver's license was suspended or revoked for a violation | ||||||
5 | of Section 11-401 or 11-501 of this Code,
or a similar | ||||||
6 | out-of-state offense, or a similar provision of a local
| ||||||
7 | ordinance, or a
statutory summary suspension or revocation | ||||||
8 | under Section 11-501.1 of this Code; and | ||||||
9 | (2) the prior convictions under this Section occurred | ||||||
10 | while the person's driver's license was suspended or | ||||||
11 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
12 | this Code, a similar out-of-state offense, a similar | ||||||
13 | provision of a local ordinance, or a statutory summary | ||||||
14 | suspension or revocation under Section 11-501.1 of this | ||||||
15 | Code, or for a violation of Section 9-3 of the Criminal | ||||||
16 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
17 | offense of reckless homicide, or a violation of | ||||||
18 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
19 | Section 11-501 of this Code, relating to the offense of | ||||||
20 | aggravated driving under the influence of alcohol, other | ||||||
21 | drug or drugs, or intoxicating compound or compounds, or | ||||||
22 | any combination thereof when the violation was a proximate | ||||||
23 | cause of a death, or a similar out-of-state offense.
| ||||||
24 | (d-2.5) Any person convicted of a third violation of this
| ||||||
25 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
26 | probation or conditional discharge, and must serve a mandatory |
| |||||||
| |||||||
1 | term of
imprisonment, if: | ||||||
2 | (1) the current violation occurred while the person's | ||||||
3 | driver's license was suspended or revoked for a violation | ||||||
4 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
5 | Code of 2012, relating to the offense of reckless | ||||||
6 | homicide, or a violation of subparagraph (F) of paragraph | ||||||
7 | (1) of subsection (d) of Section 11-501 of this Code, | ||||||
8 | relating to the offense of aggravated driving under the | ||||||
9 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
10 | compound or compounds, or any combination thereof when the | ||||||
11 | violation was a proximate cause of a death, or a similar | ||||||
12 | out-of-state offense.
The person's driving privileges | ||||||
13 | shall be revoked for the remainder of the person's life; | ||||||
14 | and | ||||||
15 | (2) the prior convictions under this Section occurred | ||||||
16 | while the person's driver's license was suspended or | ||||||
17 | revoked for a violation of Section 9-3 of the Criminal | ||||||
18 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
19 | offense of reckless homicide, or a violation of | ||||||
20 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
21 | Section 11-501 of this Code, relating to the offense of | ||||||
22 | aggravated driving under the influence of alcohol, other | ||||||
23 | drug or drugs, or intoxicating compound or compounds, or | ||||||
24 | any combination thereof when the violation was a proximate | ||||||
25 | cause of a death, or a similar out-of-state offense, or | ||||||
26 | was suspended or revoked for a violation of Section 11-401 |
| |||||||
| |||||||
1 | or 11-501 of this Code, a similar out-of-state offense, a | ||||||
2 | similar provision of a local ordinance, or a statutory | ||||||
3 | summary suspension or revocation under Section 11-501.1 of | ||||||
4 | this Code. | ||||||
5 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
6 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
7 | of a Class 4 felony and must serve a minimum term of
| ||||||
8 | imprisonment of 180 days, if: | ||||||
9 | (1) the current violation occurred when the person's | ||||||
10 | driver's license was suspended or revoked for a
violation | ||||||
11 | of Section 11-401 or 11-501 of this Code, a similar | ||||||
12 | out-of-state
offense, a similar provision of a local | ||||||
13 | ordinance, or a statutory
summary suspension or revocation | ||||||
14 | under Section 11-501.1 of this Code; and | ||||||
15 | (2) the prior convictions under this Section occurred | ||||||
16 | while the person's driver's license was suspended or | ||||||
17 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
18 | this Code, a similar out-of-state offense, a similar | ||||||
19 | provision of a local ordinance, or a statutory summary | ||||||
20 | suspension or revocation under Section 11-501.1 of this | ||||||
21 | Code, or for a violation of Section 9-3 of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
23 | offense of reckless homicide, or a violation of | ||||||
24 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
25 | Section 11-501 of this Code, relating to the offense of | ||||||
26 | aggravated driving under the influence of alcohol, other |
| |||||||
| |||||||
1 | drug or drugs, or intoxicating compound or compounds, or | ||||||
2 | any combination thereof when the violation was a proximate | ||||||
3 | cause of a death, or a similar out-of-state offense.
| ||||||
4 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
5 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
6 | eligible for probation or conditional discharge, must serve a | ||||||
7 | mandatory term of
imprisonment, and is eligible for an | ||||||
8 | extended term, if: | ||||||
9 | (1) the current violation occurred when the person's | ||||||
10 | driver's license was suspended or revoked for a
violation | ||||||
11 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012, relating to the offense of reckless | ||||||
13 | homicide, or a violation of subparagraph (F) of paragraph | ||||||
14 | (1) of subsection (d) of Section 11-501 of this Code, | ||||||
15 | relating to the offense of aggravated driving under the | ||||||
16 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
17 | compound or compounds, or any combination thereof when the | ||||||
18 | violation was a proximate cause of a death, or a similar | ||||||
19 | out-of-state offense; and | ||||||
20 | (2) the prior convictions under this Section occurred | ||||||
21 | while the person's driver's license was suspended or | ||||||
22 | revoked for a violation of Section 9-3 of the Criminal | ||||||
23 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
24 | offense of reckless homicide, or a violation of | ||||||
25 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
26 | Section 11-501 of this Code, relating to the offense of |
| |||||||
| |||||||
1 | aggravated driving under the influence of alcohol, other | ||||||
2 | drug or drugs, or intoxicating compound or compounds, or | ||||||
3 | any combination thereof when the violation was a proximate | ||||||
4 | cause of a death, or a similar out-of-state offense, or | ||||||
5 | was suspended or revoked for a violation of Section 11-401 | ||||||
6 | or 11-501 of this Code, a similar out-of-state offense, a | ||||||
7 | similar provision of a local ordinance, or a statutory | ||||||
8 | summary suspension or revocation under Section 11-501.1 of | ||||||
9 | this Code.
| ||||||
10 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
11 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
12 | of a Class 3 felony, and is not eligible for probation or | ||||||
13 | conditional discharge, if: | ||||||
14 | (1) the current violation occurred when the person's | ||||||
15 | driver's license was suspended or revoked for a violation | ||||||
16 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
17 | out-of-state offense, or a similar provision of a local | ||||||
18 | ordinance, or a statutory summary suspension or revocation | ||||||
19 | under Section 11-501.1 of this Code; and | ||||||
20 | (2) the prior convictions under this Section occurred | ||||||
21 | while the person's driver's license was suspended or | ||||||
22 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
23 | this Code, a similar out-of-state offense, a similar | ||||||
24 | provision of a local ordinance, or a statutory suspension | ||||||
25 | or revocation under Section 11-501.1 of this Code, or for | ||||||
26 | a violation of Section 9-3 of the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | the Criminal Code of 2012, relating to the offense of | ||||||
2 | reckless homicide, or a violation of subparagraph (F) of | ||||||
3 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
4 | Code, relating to the offense of aggravated driving under | ||||||
5 | the influence of alcohol, other drug or drugs, or | ||||||
6 | intoxicating compound or compounds, or any combination | ||||||
7 | thereof when the violation was a proximate cause of a | ||||||
8 | death, or a similar out-of-state offense. | ||||||
9 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
10 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
11 | not eligible for probation or conditional discharge, if: | ||||||
12 | (1) the current violation occurred when the person's | ||||||
13 | driver's license was suspended or revoked for a violation | ||||||
14 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
15 | out-of-state offense, or a similar provision of a local | ||||||
16 | ordinance, or a statutory summary suspension or revocation | ||||||
17 | under Section 11-501.1 of this Code; and | ||||||
18 | (2) the prior convictions under this Section occurred | ||||||
19 | while the person's driver's license was suspended or | ||||||
20 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
21 | this Code, a similar out-of-state offense, a similar | ||||||
22 | provision of a local ordinance, or a statutory summary | ||||||
23 | suspension or revocation under Section 11-501.1 of this | ||||||
24 | Code, or for a violation of Section 9-3 of the Criminal | ||||||
25 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
26 | offense of reckless homicide, or a violation of |
| |||||||
| |||||||
1 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
2 | Section 11-501 of this Code, relating to the offense of | ||||||
3 | aggravated driving under the influence of alcohol, other | ||||||
4 | drug or drugs, or intoxicating compound or compounds, or | ||||||
5 | any combination thereof when the violation was a proximate | ||||||
6 | cause of a death, or a similar out-of-state offense.
| ||||||
7 | (e) Any person in violation of this Section who is also in | ||||||
8 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
9 | insurance requirements, in
addition to other penalties imposed | ||||||
10 | under this Section, shall have his or her
motor vehicle | ||||||
11 | immediately impounded by the arresting law enforcement | ||||||
12 | officer.
The motor vehicle may be released to any licensed | ||||||
13 | driver upon a showing of
proof of insurance for the vehicle | ||||||
14 | that was impounded and the notarized written
consent for the | ||||||
15 | release by the vehicle owner.
| ||||||
16 | (f) For any prosecution under this Section, a certified | ||||||
17 | copy of the
driving abstract of the defendant shall be | ||||||
18 | admitted as proof of any prior
conviction.
| ||||||
19 | (g) The motor vehicle used in a violation of this Section | ||||||
20 | is subject
to seizure and forfeiture as provided in Sections | ||||||
21 | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | ||||||
22 | driving privilege was revoked
or suspended as a result of: | ||||||
23 | (1) a violation of Section 11-501 of this Code, a | ||||||
24 | similar provision
of a local ordinance, or a similar | ||||||
25 | provision of a law of another state; | ||||||
26 | (2) a violation of paragraph (b) of Section 11-401 of |
| |||||||
| |||||||
1 | this Code, a
similar provision of a local ordinance, or a | ||||||
2 | similar provision of a law of another state; | ||||||
3 | (3) a statutory summary suspension or revocation under | ||||||
4 | Section 11-501.1 of this
Code or a similar provision of a | ||||||
5 | law of another state; or | ||||||
6 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
7 | 1961 or the Criminal Code of 2012 relating to the offense | ||||||
8 | of reckless homicide, or a violation of subparagraph (F) | ||||||
9 | of paragraph (1) of subsection (d) of Section 11-501 of | ||||||
10 | this Code, relating to the offense of aggravated driving | ||||||
11 | under the influence of alcohol, other drug or drugs, or | ||||||
12 | intoxicating compound or compounds, or any combination | ||||||
13 | thereof when the violation was a proximate cause of a | ||||||
14 | death, or a similar provision of a law of another state.
| ||||||
15 | (Source: P.A. 100-149, eff. 1-1-18; 100-575, eff. 1-8-18; | ||||||
16 | 100-1004, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
17 | (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
| ||||||
18 | Sec. 6-402. Qualifications of driver training schools. In | ||||||
19 | order to
qualify for a license to operate a driver training | ||||||
20 | school, each applicant must:
| ||||||
21 | (a) be of good moral character;
| ||||||
22 | (b) be at least 21 years of age;
| ||||||
23 | (c) maintain an established place of business open to | ||||||
24 | the public which
meets the requirements of Section 6-403 | ||||||
25 | through 6-407;
|
| |||||||
| |||||||
1 | (d) maintain bodily injury and property damage | ||||||
2 | liability insurance on
motor vehicles while used in | ||||||
3 | driving instruction, insuring the liability of
the driving | ||||||
4 | school, the driving instructors and any person taking
| ||||||
5 | instruction in at least the following amounts: $50,000 for | ||||||
6 | bodily injury to
or death of one person in any one crash | ||||||
7 | accident and, subject to said limit for
one person, | ||||||
8 | $100,000 for bodily injury to or death of 2 or more persons | ||||||
9 | in
any one crash accident and the amount of $10,000 for | ||||||
10 | damage to property of others
in any one crash accident . | ||||||
11 | Evidence of such insurance coverage in the form of a
| ||||||
12 | certificate from the insurance carrier shall be filed with | ||||||
13 | the Secretary of
State, and such certificate shall | ||||||
14 | stipulate that the insurance shall not be
cancelled except | ||||||
15 | upon 10 days prior written notice to the Secretary of
| ||||||
16 | State. The decal showing evidence of insurance shall be | ||||||
17 | affixed to the
windshield of the vehicle;
| ||||||
18 | (e) provide a continuous surety company bond in the | ||||||
19 | principal sum of
$10,000 for a non-accredited school, | ||||||
20 | $40,000 for a CDL or teenage accredited school, $60,000 | ||||||
21 | for a CDL accredited and teenage accredited school, | ||||||
22 | $50,000 for a CDL or teenage accredited school with 3 or | ||||||
23 | more licensed branches, $70,000 for a CDL accredited and | ||||||
24 | teenage accredited school with 3 or more licensed branches | ||||||
25 | for the protection of the contractual rights of
students | ||||||
26 | in such
form as will meet with the approval of the |
| |||||||
| |||||||
1 | Secretary of State and written
by a company authorized to | ||||||
2 | do business in this State. However, the
aggregate | ||||||
3 | liability of the surety for all breaches of the condition | ||||||
4 | of the
bond in no event shall exceed the principal sum of | ||||||
5 | $10,000 for a non-accredited school, $40,000 for a CDL or | ||||||
6 | teenage accredited school, $60,000 for a CDL accredited | ||||||
7 | and teenage accredited school, $50,000 for a CDL or | ||||||
8 | teenage accredited school with 3 or more licensed | ||||||
9 | branches, $70,000 for a CDL accredited and teenage | ||||||
10 | accredited school with 3 or more licensed branches. The
| ||||||
11 | surety on
any such bond may cancel such bond on giving 30 | ||||||
12 | days notice thereof in
writing to the Secretary of State | ||||||
13 | and shall be relieved of liability for
any breach of any | ||||||
14 | conditions of the bond which occurs after the effective
| ||||||
15 | date of cancellation;
| ||||||
16 | (f) have the equipment necessary to the giving of | ||||||
17 | proper instruction in
the operation of motor vehicles;
| ||||||
18 | (g) have and use a business telephone listing for all | ||||||
19 | business
purposes;
| ||||||
20 | (h) pay to the Secretary of State an application fee | ||||||
21 | of
$500 and $50 for each branch application; and
| ||||||
22 | (i) authorize an investigation to include a | ||||||
23 | fingerprint based background
check
to determine if the | ||||||
24 | applicant has ever been convicted of a crime and if so, the
| ||||||
25 | disposition of those convictions. The authorization shall | ||||||
26 | indicate the scope
of
the inquiry and the agencies that |
| |||||||
| |||||||
1 | may be contacted. Upon this authorization,
the
Secretary | ||||||
2 | of State may request and receive information and | ||||||
3 | assistance from any
federal, State, or local governmental | ||||||
4 | agency as part of the authorized
investigation. Each | ||||||
5 | applicant shall have his or her fingerprints submitted to
| ||||||
6 | the Illinois State Police in the form and manner | ||||||
7 | prescribed by the
Illinois State Police. The fingerprints | ||||||
8 | shall be checked against the
Illinois State Police and | ||||||
9 | Federal Bureau of Investigation criminal history
record | ||||||
10 | information databases. The Illinois State Police shall | ||||||
11 | charge a fee for conducting the criminal history records | ||||||
12 | check,
which shall be deposited in the State Police | ||||||
13 | Services Fund and shall not exceed
the actual cost of the | ||||||
14 | records check. The applicant shall be required to pay
all
| ||||||
15 | related fingerprint fees including, but not limited to, | ||||||
16 | the amounts established
by the Illinois State Police and | ||||||
17 | the Federal Bureau of Investigation to
process fingerprint | ||||||
18 | based criminal background investigations. The Illinois | ||||||
19 | State Police shall provide information concerning any | ||||||
20 | criminal convictions and
disposition of criminal | ||||||
21 | convictions brought against the applicant upon request
of | ||||||
22 | the Secretary
of State provided that the request is made | ||||||
23 | in the form and manner required by
the Illinois
State | ||||||
24 | Police. Unless otherwise prohibited by law, the
| ||||||
25 | information derived from the investigation including the | ||||||
26 | source of the
information and any conclusions or |
| |||||||
| |||||||
1 | recommendations derived from the
information by the | ||||||
2 | Secretary of State shall be provided to the applicant, or
| ||||||
3 | his
designee, upon request to the Secretary of State, | ||||||
4 | prior to any final action by
the Secretary of State on the | ||||||
5 | application. Any criminal convictions and
disposition | ||||||
6 | information obtained by the Secretary of State shall be
| ||||||
7 | confidential
and may not be transmitted outside the Office | ||||||
8 | of the Secretary of State, except
as required herein, and | ||||||
9 | may not be transmitted to anyone within the Office of
the | ||||||
10 | Secretary of State except as needed for the purpose of | ||||||
11 | evaluating the
applicant. At any administrative hearing | ||||||
12 | held under Section 2-118 of this Code relating to the | ||||||
13 | denial, cancellation, suspension, or revocation of a | ||||||
14 | driver training school license, the Secretary of State is | ||||||
15 | authorized to utilize at that hearing any criminal | ||||||
16 | histories, criminal convictions, and disposition | ||||||
17 | information obtained under this Section. The information | ||||||
18 | obtained from the investigation may be maintained
by the | ||||||
19 | Secretary of State or any agency to which the information | ||||||
20 | was
transmitted.
Only information and standards, which | ||||||
21 | bear a reasonable and rational relation
to
the performance | ||||||
22 | of a driver training school owner, shall be used by the
| ||||||
23 | Secretary of State. Any employee of the Secretary of State | ||||||
24 | who gives or causes
to be given away any confidential | ||||||
25 | information concerning any criminal charges
or disposition | ||||||
26 | of criminal charges of an applicant shall be guilty of a |
| |||||||
| |||||||
1 | Class A
misdemeanor,
unless release of the information is | ||||||
2 | authorized by this Section.
| ||||||
3 | No license shall be issued under this Section to a person | ||||||
4 | who is a
spouse, offspring, sibling, parent, grandparent, | ||||||
5 | grandchild, uncle or aunt,
nephew or niece, cousin, or in-law | ||||||
6 | of the person whose license to do
business at that location has | ||||||
7 | been revoked or denied or to a person who was
an officer or | ||||||
8 | employee of a business firm that has had its license revoked
or | ||||||
9 | denied, unless the Secretary of State is satisfied the | ||||||
10 | application was
submitted in good faith and not for the | ||||||
11 | purpose or effect of defeating the
intent of this Code.
| ||||||
12 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
13 | (625 ILCS 5/6-420) (from Ch. 95 1/2, par. 6-420)
| ||||||
14 | Sec. 6-420. Denial, Cancellation, Suspension, Revocation | ||||||
15 | and Failure to
Renew License. The Secretary may deny, cancel, | ||||||
16 | suspend or revoke, or refuse
to renew any driver training | ||||||
17 | school license or any driver training instructor
license:
| ||||||
18 | (1) When the Secretary is satisfied that the licensee | ||||||
19 | fails to meet the
requirements to receive or hold a | ||||||
20 | license under this Code;
| ||||||
21 | (2) Whenever the licensee fails to keep the records | ||||||
22 | required by this
Code;
| ||||||
23 | (3) Whenever the licensee permits fraud or engages in | ||||||
24 | fraudulent
practices either with reference to a student or | ||||||
25 | the Secretary, or induces
or countenances fraud or |
| |||||||
| |||||||
1 | fraudulent practices on the part of any applicant
for a | ||||||
2 | driver's license or permit;
| ||||||
3 | (4) Whenever the licensee fails to comply with any | ||||||
4 | provision of this Code
or any rule of the Secretary made | ||||||
5 | pursuant thereto;
| ||||||
6 | (5) Whenever the licensee represents himself as an | ||||||
7 | agent or employee of
the Secretary or uses advertising | ||||||
8 | designed to lead or which would
reasonably have the effect | ||||||
9 | of leading persons to believe that such licensee
is in | ||||||
10 | fact an employee or representative of the Secretary;
| ||||||
11 | (6) Whenever the licensee or any employee or agent of | ||||||
12 | the licensee
solicits driver training or instruction in an | ||||||
13 | office of any department of
the Secretary of State having | ||||||
14 | to do with the administration of any law
relating to motor | ||||||
15 | vehicles, or within 1,500 feet of any such office;
| ||||||
16 | (7) Whenever the licensee is convicted of driving | ||||||
17 | while
under the influence of alcohol, other drugs, or a | ||||||
18 | combination thereof;
leaving the scene of a crash an | ||||||
19 | accident ; reckless homicide or reckless driving; or
| ||||||
20 | (8) Whenever a driver training school advertises that | ||||||
21 | a driver's license
is guaranteed upon completion of the | ||||||
22 | course of instruction.
| ||||||
23 | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
| ||||||
24 | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| ||||||
25 | (Text of Section before amendment by P.A. 101-652 )
|
| |||||||
| |||||||
1 | Sec. 6-500. Definitions of words and phrases. | ||||||
2 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
3 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
4 | Act
(UCDLA), the words and phrases listed below have the | ||||||
5 | meanings
ascribed to them as follows:
| ||||||
6 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
7 | form of
alcohol, including but not limited to ethanol,
| ||||||
8 | methanol,
propanol, and
isopropanol.
| ||||||
9 | (2) Alcohol concentration. "Alcohol concentration" means:
| ||||||
10 | (A) the number of grams of alcohol per 210 liters of | ||||||
11 | breath;
or
| ||||||
12 | (B) the number of grams of alcohol per 100 milliliters | ||||||
13 | of
blood; or
| ||||||
14 | (C) the number of grams of alcohol per 67 milliliters | ||||||
15 | of
urine.
| ||||||
16 | Alcohol tests administered within 2 hours of the driver | ||||||
17 | being
"stopped or detained" shall be considered that driver's | ||||||
18 | "alcohol
concentration" for the purposes of enforcing this | ||||||
19 | UCDLA.
| ||||||
20 | (3) (Blank).
| ||||||
21 | (4) (Blank).
| ||||||
22 | (5) (Blank).
| ||||||
23 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
24 | electronic record of the individual CDL driver's status and | ||||||
25 | history stored by the State-of-Record as part of the | ||||||
26 | Commercial Driver's License Information System, or CDLIS, |
| |||||||
| |||||||
1 | established under 49 U.S.C. 31309. | ||||||
2 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
3 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
4 | driver record meeting the requirements for access to CDLIS | ||||||
5 | information and provided by states to users authorized in 49 | ||||||
6 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
7 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
8 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
9 | driver's license downgrade" or "CDL downgrade" means either: | ||||||
10 | (A) a state allows the driver to change his or her | ||||||
11 | self-certification to interstate, but operating | ||||||
12 | exclusively in transportation or operation excepted from | ||||||
13 | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | ||||||
14 | 391.2, 391.68, or 398.3; | ||||||
15 | (B) a state allows the driver to change his or her | ||||||
16 | self-certification to intrastate only, if the driver | ||||||
17 | qualifies under that state's physical qualification | ||||||
18 | requirements for intrastate only; | ||||||
19 | (C) a state allows the driver to change his or her | ||||||
20 | certification to intrastate, but operating exclusively in | ||||||
21 | transportation or operations excepted from all or part of | ||||||
22 | the state driver qualification requirements; or | ||||||
23 | (D) a state removes the CDL privilege from the driver | ||||||
24 | license. | ||||||
25 | (6) Commercial Motor Vehicle.
| ||||||
26 | (A) "Commercial motor vehicle" or "CMV" means
a motor |
| |||||||
| |||||||
1 | vehicle or combination of motor vehicles used in commerce, | ||||||
2 | except those referred to in subdivision (B), designed
to | ||||||
3 | transport passengers or property if the motor vehicle:
| ||||||
4 | (i) has a gross combination weight rating or gross | ||||||
5 | combination weight of 11,794 kilograms or more (26,001 | ||||||
6 | pounds or more), whichever is greater, inclusive of | ||||||
7 | any towed unit with a gross vehicle weight rating or
| ||||||
8 | gross vehicle weight of more than 4,536 kilograms | ||||||
9 | (10,000 pounds), whichever is greater; or
| ||||||
10 | (i-5) has a gross vehicle weight rating or gross | ||||||
11 | vehicle weight of 11,794 or more kilograms (26,001 | ||||||
12 | pounds or more), whichever is greater; or | ||||||
13 | (ii) is designed to transport 16 or more
persons, | ||||||
14 | including the driver;
or
| ||||||
15 | (iii) is of any size and is used in transporting | ||||||
16 | hazardous materials as defined in 49 C.F.R. 383.5.
| ||||||
17 | (B) Pursuant to the interpretation of the Commercial | ||||||
18 | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||||||
19 | Administration, the definition of
"commercial motor | ||||||
20 | vehicle" does not include:
| ||||||
21 | (i) recreational vehicles, when operated primarily | ||||||
22 | for personal use;
| ||||||
23 | (ii) vehicles owned by or operated under the | ||||||
24 | direction of the United States Department of Defense | ||||||
25 | or the United States Coast Guard only when operated by
| ||||||
26 | non-civilian personnel. This includes any operator on |
| |||||||
| |||||||
1 | active military
duty; members of the Reserves; | ||||||
2 | National Guard; personnel on part-time
training; and | ||||||
3 | National Guard military technicians (civilians who are
| ||||||
4 | required to wear military uniforms and are subject to | ||||||
5 | the Code of Military
Justice); or
| ||||||
6 | (iii) firefighting, police, and other emergency | ||||||
7 | equipment (including, without limitation, equipment | ||||||
8 | owned or operated by a HazMat or technical rescue team | ||||||
9 | authorized by a county board under Section 5-1127 of | ||||||
10 | the Counties Code), with audible and
visual signals, | ||||||
11 | owned or operated
by or for a
governmental entity, | ||||||
12 | which is necessary to the preservation of life or
| ||||||
13 | property or the execution of emergency governmental | ||||||
14 | functions which are
normally not subject to general | ||||||
15 | traffic rules and regulations.
| ||||||
16 | (7) Controlled Substance. "Controlled substance" shall | ||||||
17 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
18 | Controlled Substances Act,
and shall also include cannabis as | ||||||
19 | defined in Section 3 of the Cannabis Control
Act and | ||||||
20 | methamphetamine as defined in Section 10 of the | ||||||
21 | Methamphetamine Control and Community Protection Act.
| ||||||
22 | (8) Conviction. "Conviction" means an unvacated | ||||||
23 | adjudication of guilt
or a determination that a person has | ||||||
24 | violated or failed to comply with the
law in a court of | ||||||
25 | original jurisdiction or by an authorized administrative
| ||||||
26 | tribunal; an unvacated forfeiture of bail or collateral |
| |||||||
| |||||||
1 | deposited to secure
the person's appearance in court; a plea | ||||||
2 | of guilty or nolo contendere accepted by the court; the | ||||||
3 | payment of a fine or court cost
regardless of whether the | ||||||
4 | imposition of sentence is deferred and ultimately
a judgment | ||||||
5 | dismissing the underlying charge is entered; or a violation of | ||||||
6 | a
condition of release without bail, regardless of whether or | ||||||
7 | not the penalty
is rebated, suspended or probated.
| ||||||
8 | (8.5) Day. "Day" means calendar day.
| ||||||
9 | (9) (Blank).
| ||||||
10 | (10) (Blank).
| ||||||
11 | (11) (Blank).
| ||||||
12 | (12) (Blank).
| ||||||
13 | (13) Driver. "Driver" means any person who drives, | ||||||
14 | operates, or is in
physical control of a commercial motor | ||||||
15 | vehicle, any person who is required to hold a
CDL, or any | ||||||
16 | person who is a holder of a CDL while operating a | ||||||
17 | non-commercial motor vehicle.
| ||||||
18 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
19 | individual who applies to a state or other jurisdiction to | ||||||
20 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
21 | a CLP.
| ||||||
22 | (13.8) Electronic device. "Electronic device" includes, | ||||||
23 | but is not limited to, a cellular telephone, personal digital | ||||||
24 | assistant, pager, computer, or any other device used to input, | ||||||
25 | write, send, receive, or read text. | ||||||
26 | (14) Employee. "Employee" means a person who is employed |
| |||||||
| |||||||
1 | as a
commercial
motor vehicle driver. A person who is | ||||||
2 | self-employed as a commercial motor
vehicle driver must comply | ||||||
3 | with the requirements of this UCDLA
pertaining to employees. | ||||||
4 | An
owner-operator on a long-term lease shall be considered an | ||||||
5 | employee.
| ||||||
6 | (15) Employer. "Employer" means a person (including the | ||||||
7 | United
States, a State or a local authority) who owns or leases | ||||||
8 | a commercial motor
vehicle or assigns employees to operate | ||||||
9 | such a vehicle. A person who is
self-employed as a commercial | ||||||
10 | motor vehicle driver must
comply with the requirements of this | ||||||
11 | UCDLA.
| ||||||
12 | (15.1) Endorsement. "Endorsement" means an authorization | ||||||
13 | to an individual's CLP or CDL required to permit the | ||||||
14 | individual to operate certain types of commercial motor | ||||||
15 | vehicles. | ||||||
16 | (15.2) Entry-level driver training. "Entry-level driver | ||||||
17 | training" means the training an entry-level driver receives | ||||||
18 | from an entity listed on the Federal Motor Carrier Safety | ||||||
19 | Administration's Training Provider Registry prior to: (i) | ||||||
20 | taking the CDL skills test required to receive the Class A or | ||||||
21 | Class B CDL for the first time; (ii) taking the CDL skills test | ||||||
22 | required to upgrade to a Class A or Class B CDL; or (iii) | ||||||
23 | taking the CDL skills test required to obtain a passenger or | ||||||
24 | school bus endorsement for the first time or the CDL knowledge | ||||||
25 | test required to obtain a hazardous materials endorsement for | ||||||
26 | the first time. |
| |||||||
| |||||||
1 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
2 | person who operates or expects to operate in interstate | ||||||
3 | commerce, but engages exclusively in transportation or | ||||||
4 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, | ||||||
5 | or 398.3 from all or part of the qualification requirements of | ||||||
6 | 49 C.F.R. Part 391 and is not required to obtain a medical | ||||||
7 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
8 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
9 | person who operates in intrastate commerce but engages | ||||||
10 | exclusively in transportation or operations excepted from all | ||||||
11 | or parts of the state driver qualification requirements. | ||||||
12 | (16) (Blank).
| ||||||
13 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
14 | a result of a motor vehicle crash accident .
| ||||||
15 | (16.7) Foreign commercial driver. "Foreign commercial | ||||||
16 | driver" means a person licensed to operate a commercial motor | ||||||
17 | vehicle by an authority outside the United States, or a | ||||||
18 | citizen of a foreign country who operates a commercial motor | ||||||
19 | vehicle in the United States. | ||||||
20 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
21 | sovereign
jurisdiction that does not fall within the | ||||||
22 | definition of "State".
| ||||||
23 | (18) (Blank).
| ||||||
24 | (19) (Blank).
| ||||||
25 | (20) Hazardous materials. "Hazardous material" means any | ||||||
26 | material that has been designated under 49 U.S.C.
5103 and is |
| |||||||
| |||||||
1 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
2 | or any quantity of a material listed as a select agent or toxin | ||||||
3 | in 42 C.F.R. part 73.
| ||||||
4 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
5 | existence of any condition of a vehicle, employee, or | ||||||
6 | commercial motor vehicle operations that substantially | ||||||
7 | increases the likelihood of serious injury or death if not | ||||||
8 | discontinued immediately; or a condition relating to hazardous | ||||||
9 | material that presents a substantial likelihood that death, | ||||||
10 | serious illness, severe personal injury, or a substantial | ||||||
11 | endangerment to health, property, or the environment may occur | ||||||
12 | before the reasonably foreseeable completion date of a formal | ||||||
13 | proceeding begun to lessen the risk of that death, illness, | ||||||
14 | injury or endangerment.
| ||||||
15 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
16 | transfer, renewal, or upgrade of a CLP or CDL and | ||||||
17 | non-domiciled CLP or CDL. | ||||||
18 | (20.7) Issue. "Issue" means initial issuance, transfer, | ||||||
19 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
20 | non-domiciled CDL. | ||||||
21 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
22 | commercial
motor vehicle by the owner-lessor to a lessee, for | ||||||
23 | a period of more than 29
days.
| ||||||
24 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
25 | transmission utilizing a driver-operated clutch that is | ||||||
26 | activated by a pedal or lever and a gear-shift mechanism |
| |||||||
| |||||||
1 | operated either by hand or foot including those known as a | ||||||
2 | stick shift, stick, straight drive, or standard transmission. | ||||||
3 | All other transmissions, whether semi-automatic or automatic, | ||||||
4 | shall be considered automatic for the purposes of the | ||||||
5 | standardized restriction code. | ||||||
6 | (21.1) Medical examiner. "Medical examiner" means an | ||||||
7 | individual certified by the Federal Motor Carrier Safety | ||||||
8 | Administration and listed on the National Registry of | ||||||
9 | Certified Medical Examiners in accordance with Federal Motor | ||||||
10 | Carrier Safety Regulations, 49 CFR 390.101 et seq. | ||||||
11 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
12 | certificate" means either (1) prior to June 22, 2021, a | ||||||
13 | document prescribed or approved by the Secretary of State that | ||||||
14 | is issued by a medical examiner to a driver to medically | ||||||
15 | qualify him or her to drive; or (2) beginning June 22, 2021, an | ||||||
16 | electronic submission of results of an examination conducted | ||||||
17 | by a medical examiner listed on the National Registry of | ||||||
18 | Certified Medical Examiners to the Federal Motor Carrier | ||||||
19 | Safety Administration of a driver to medically qualify him or | ||||||
20 | her to drive. | ||||||
21 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
22 | has received one of the following from the Federal Motor | ||||||
23 | Carrier Safety Administration which allows the driver to be | ||||||
24 | issued a medical certificate: (1) an exemption letter | ||||||
25 | permitting operation of a commercial motor vehicle pursuant to | ||||||
26 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a |
| |||||||
| |||||||
1 | skill performance evaluation (SPE) certificate permitting | ||||||
2 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
3 | 391.49. | ||||||
4 | (21.7) Mobile telephone. "Mobile telephone" means a mobile | ||||||
5 | communication device that falls under or uses any commercial | ||||||
6 | mobile radio service, as defined in regulations of the Federal | ||||||
7 | Communications Commission, 47 CFR 20.3. It does not include | ||||||
8 | two-way or citizens band radio services. | ||||||
9 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
10 | which is self-propelled, and every vehicle which is propelled | ||||||
11 | by electric
power obtained from over head trolley wires but | ||||||
12 | not operated upon rails,
except vehicles moved solely by human | ||||||
13 | power and motorized wheel chairs.
| ||||||
14 | (22.2) Motor vehicle record. "Motor vehicle record" means | ||||||
15 | a report of the driving status and history of a driver | ||||||
16 | generated from the driver record provided to users, such as | ||||||
17 | drivers or employers, and is subject to the provisions of the | ||||||
18 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
19 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
20 | combination of motor vehicles not defined by the term | ||||||
21 | "commercial motor vehicle" or "CMV" in this Section.
| ||||||
22 | (22.7) Non-excepted interstate. "Non-excepted interstate" | ||||||
23 | means a person who operates or expects to operate in | ||||||
24 | interstate commerce, is subject to and meets the qualification | ||||||
25 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
26 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. |
| |||||||
| |||||||
1 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
2 | means a person who operates only in intrastate commerce and is | ||||||
3 | subject to State driver qualification requirements. | ||||||
4 | (23) Non-domiciled CLP or Non-domiciled CDL. | ||||||
5 | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | ||||||
6 | respectively, issued by a state or other jurisdiction under | ||||||
7 | either of the following two conditions: | ||||||
8 | (i) to an individual domiciled in a foreign country | ||||||
9 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
10 | of the Federal Motor Carrier Safety Administration.
| ||||||
11 | (ii) to an individual domiciled in another state | ||||||
12 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
13 | of the Federal Motor Carrier Safety Administration.
| ||||||
14 | (24) (Blank).
| ||||||
15 | (25) (Blank).
| ||||||
16 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
17 | "Railroad-highway
grade
crossing violation" means a
violation, | ||||||
18 | while operating a commercial motor vehicle, of
any
of the | ||||||
19 | following:
| ||||||
20 | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
| ||||||
21 | (B) Any other similar
law or local ordinance of any | ||||||
22 | state relating to
railroad-highway grade crossing.
| ||||||
23 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
24 | vehicle used to transport pre-primary, primary, or secondary | ||||||
25 | school students from home to school, from school to home, or to | ||||||
26 | and from school-sponsored events. "School bus" does not |
| |||||||
| |||||||
1 | include a bus used as a common carrier.
| ||||||
2 | (26) Serious Traffic Violation. "Serious traffic | ||||||
3 | violation"
means:
| ||||||
4 | (A) a conviction when operating a commercial motor | ||||||
5 | vehicle, or when operating a non-CMV while holding a CLP | ||||||
6 | or CDL,
of:
| ||||||
7 | (i) a violation relating to excessive speeding,
| ||||||
8 | involving a single speeding charge of 15 miles per | ||||||
9 | hour or more above the
legal speed limit; or
| ||||||
10 | (ii) a violation relating to reckless driving; or
| ||||||
11 | (iii) a violation of any State law or local | ||||||
12 | ordinance relating to motor
vehicle traffic control | ||||||
13 | (other than parking violations) arising in
connection | ||||||
14 | with a fatal traffic crash accident ; or
| ||||||
15 | (iv) a violation of Section 6-501, relating to | ||||||
16 | having multiple driver's
licenses; or
| ||||||
17 | (v) a violation of paragraph (a) of Section 6-507, | ||||||
18 | relating to the
requirement to have a valid CLP or CDL; | ||||||
19 | or
| ||||||
20 | (vi) a violation relating to improper or erratic | ||||||
21 | traffic lane changes;
or
| ||||||
22 | (vii) a violation relating to following another | ||||||
23 | vehicle too closely; or
| ||||||
24 | (viii) a violation relating to texting while | ||||||
25 | driving; or | ||||||
26 | (ix) a violation relating to the use of a |
| |||||||
| |||||||
1 | hand-held mobile telephone while driving; or | ||||||
2 | (B) any other similar violation of a law or local
| ||||||
3 | ordinance of any state relating to motor vehicle traffic | ||||||
4 | control, other
than a parking violation, which the | ||||||
5 | Secretary of State determines by
administrative rule to be | ||||||
6 | serious.
| ||||||
7 | (27) State. "State" means a state of the United States, | ||||||
8 | the District of
Columbia and any province or territory of | ||||||
9 | Canada.
| ||||||
10 | (28) (Blank).
| ||||||
11 | (29) (Blank).
| ||||||
12 | (30) (Blank).
| ||||||
13 | (31) (Blank).
| ||||||
14 | (32) Texting. "Texting" means manually entering | ||||||
15 | alphanumeric text into, or reading text from, an electronic | ||||||
16 | device. | ||||||
17 | (1) Texting includes, but is not limited to, short | ||||||
18 | message service, emailing, instant messaging, a command or | ||||||
19 | request to access a World Wide Web page, pressing more | ||||||
20 | than a single button to initiate or terminate a voice | ||||||
21 | communication using a mobile telephone, or engaging in any | ||||||
22 | other form of electronic text retrieval or entry for | ||||||
23 | present or future communication. | ||||||
24 | (2) Texting does not include: | ||||||
25 | (i) inputting, selecting, or reading information | ||||||
26 | on a global positioning system or navigation system; |
| |||||||
| |||||||
1 | or | ||||||
2 | (ii) pressing a single button to initiate or | ||||||
3 | terminate a voice communication using a mobile | ||||||
4 | telephone; or | ||||||
5 | (iii) using a device capable of performing | ||||||
6 | multiple functions (for example, a fleet management | ||||||
7 | system, dispatching device, smart phone, citizens band | ||||||
8 | radio, or music player) for a purpose that is not | ||||||
9 | otherwise prohibited by Part 392 of the Federal Motor | ||||||
10 | Carrier Safety Regulations. | ||||||
11 | (32.3) Third party skills test examiner. "Third party | ||||||
12 | skills test examiner" means a person employed by a third party | ||||||
13 | tester who is authorized by the State to administer the CDL | ||||||
14 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
15 | (32.5) Third party tester. "Third party tester" means a | ||||||
16 | person (including, but not limited to, another state, a motor | ||||||
17 | carrier, a private driver training facility or other private | ||||||
18 | institution, or a department, agency, or instrumentality of a | ||||||
19 | local government) authorized by the State to employ skills | ||||||
20 | test examiners to administer the CDL skills tests specified in | ||||||
21 | 49 C.F.R. Part 383, subparts G and H. | ||||||
22 | (32.7) United States. "United States" means the 50 states | ||||||
23 | and the District of Columbia. | ||||||
24 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
25 | mobile telephone" means: | ||||||
26 | (1) using at least one hand to hold a mobile telephone |
| |||||||
| |||||||
1 | to conduct a voice communication; | ||||||
2 | (2) dialing or answering a mobile telephone by | ||||||
3 | pressing more than a single button; or | ||||||
4 | (3) reaching for a mobile telephone in a manner that | ||||||
5 | requires a driver to maneuver so that he or she is no | ||||||
6 | longer in a seated driving position, restrained by a seat | ||||||
7 | belt that is installed in accordance with 49 CFR 393.93 | ||||||
8 | and adjusted in accordance with the vehicle manufacturer's | ||||||
9 | instructions. | ||||||
10 | (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20 .)
| ||||||
11 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
12 | Sec. 6-500. Definitions of words and phrases. | ||||||
13 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
14 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
15 | Act
(UCDLA), the words and phrases listed below have the | ||||||
16 | meanings
ascribed to them as follows:
| ||||||
17 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
18 | form of
alcohol, including but not limited to ethanol,
| ||||||
19 | methanol,
propanol, and
isopropanol.
| ||||||
20 | (2) Alcohol concentration. "Alcohol concentration" means:
| ||||||
21 | (A) the number of grams of alcohol per 210 liters of | ||||||
22 | breath;
or
| ||||||
23 | (B) the number of grams of alcohol per 100 milliliters | ||||||
24 | of
blood; or
| ||||||
25 | (C) the number of grams of alcohol per 67 milliliters |
| |||||||
| |||||||
1 | of
urine.
| ||||||
2 | Alcohol tests administered within 2 hours of the driver | ||||||
3 | being
"stopped or detained" shall be considered that driver's | ||||||
4 | "alcohol
concentration" for the purposes of enforcing this | ||||||
5 | UCDLA.
| ||||||
6 | (3) (Blank).
| ||||||
7 | (4) (Blank).
| ||||||
8 | (5) (Blank).
| ||||||
9 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
10 | electronic record of the individual CDL driver's status and | ||||||
11 | history stored by the State-of-Record as part of the | ||||||
12 | Commercial Driver's License Information System, or CDLIS, | ||||||
13 | established under 49 U.S.C. 31309. | ||||||
14 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
15 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
16 | driver record meeting the requirements for access to CDLIS | ||||||
17 | information and provided by states to users authorized in 49 | ||||||
18 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
19 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
20 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
21 | driver's license downgrade" or "CDL downgrade" means either: | ||||||
22 | (A) a state allows the driver to change his or her | ||||||
23 | self-certification to interstate, but operating | ||||||
24 | exclusively in transportation or operation excepted from | ||||||
25 | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | ||||||
26 | 391.2, 391.68, or 398.3; |
| |||||||
| |||||||
1 | (B) a state allows the driver to change his or her | ||||||
2 | self-certification to intrastate only, if the driver | ||||||
3 | qualifies under that state's physical qualification | ||||||
4 | requirements for intrastate only; | ||||||
5 | (C) a state allows the driver to change his or her | ||||||
6 | certification to intrastate, but operating exclusively in | ||||||
7 | transportation or operations excepted from all or part of | ||||||
8 | the state driver qualification requirements; or | ||||||
9 | (D) a state removes the CDL privilege from the driver | ||||||
10 | license. | ||||||
11 | (6) Commercial Motor Vehicle.
| ||||||
12 | (A) "Commercial motor vehicle" or "CMV" means
a motor | ||||||
13 | vehicle or combination of motor vehicles used in commerce, | ||||||
14 | except those referred to in subdivision (B), designed
to | ||||||
15 | transport passengers or property if the motor vehicle:
| ||||||
16 | (i) has a gross combination weight rating or gross | ||||||
17 | combination weight of 11,794 kilograms or more (26,001 | ||||||
18 | pounds or more), whichever is greater, inclusive of | ||||||
19 | any towed unit with a gross vehicle weight rating or
| ||||||
20 | gross vehicle weight of more than 4,536 kilograms | ||||||
21 | (10,000 pounds), whichever is greater; or
| ||||||
22 | (i-5) has a gross vehicle weight rating or gross | ||||||
23 | vehicle weight of 11,794 or more kilograms (26,001 | ||||||
24 | pounds or more), whichever is greater; or | ||||||
25 | (ii) is designed to transport 16 or more
persons, | ||||||
26 | including the driver;
or
|
| |||||||
| |||||||
1 | (iii) is of any size and is used in transporting | ||||||
2 | hazardous materials as defined in 49 C.F.R. 383.5.
| ||||||
3 | (B) Pursuant to the interpretation of the Commercial | ||||||
4 | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||||||
5 | Administration, the definition of
"commercial motor | ||||||
6 | vehicle" does not include:
| ||||||
7 | (i) recreational vehicles, when operated primarily | ||||||
8 | for personal use;
| ||||||
9 | (ii) vehicles owned by or operated under the | ||||||
10 | direction of the United States Department of Defense | ||||||
11 | or the United States Coast Guard only when operated by
| ||||||
12 | non-civilian personnel. This includes any operator on | ||||||
13 | active military
duty; members of the Reserves; | ||||||
14 | National Guard; personnel on part-time
training; and | ||||||
15 | National Guard military technicians (civilians who are
| ||||||
16 | required to wear military uniforms and are subject to | ||||||
17 | the Code of Military
Justice); or
| ||||||
18 | (iii) firefighting, police, and other emergency | ||||||
19 | equipment (including, without limitation, equipment | ||||||
20 | owned or operated by a HazMat or technical rescue team | ||||||
21 | authorized by a county board under Section 5-1127 of | ||||||
22 | the Counties Code), with audible and
visual signals, | ||||||
23 | owned or operated
by or for a
governmental entity, | ||||||
24 | which is necessary to the preservation of life or
| ||||||
25 | property or the execution of emergency governmental | ||||||
26 | functions which are
normally not subject to general |
| |||||||
| |||||||
1 | traffic rules and regulations.
| ||||||
2 | (7) Controlled Substance. "Controlled substance" shall | ||||||
3 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
4 | Controlled Substances Act,
and shall also include cannabis as | ||||||
5 | defined in Section 3 of the Cannabis Control
Act and | ||||||
6 | methamphetamine as defined in Section 10 of the | ||||||
7 | Methamphetamine Control and Community Protection Act.
| ||||||
8 | (8) Conviction. "Conviction" means an unvacated | ||||||
9 | adjudication of guilt
or a determination that a person has | ||||||
10 | violated or failed to comply with the
law in a court of | ||||||
11 | original jurisdiction or by an authorized administrative
| ||||||
12 | tribunal; an unvacated revocation of pretrial release or | ||||||
13 | forfeiture of bail or collateral deposited to secure
the | ||||||
14 | person's appearance in court; a plea of guilty or nolo | ||||||
15 | contendere accepted by the court; the payment of a fine or | ||||||
16 | court cost
regardless of whether the imposition of sentence is | ||||||
17 | deferred and ultimately
a judgment dismissing the underlying | ||||||
18 | charge is entered; or a violation of a
condition of pretrial | ||||||
19 | release without bail, regardless of whether or not the penalty
| ||||||
20 | is rebated, suspended or probated.
| ||||||
21 | (8.5) Day. "Day" means calendar day.
| ||||||
22 | (9) (Blank).
| ||||||
23 | (10) (Blank).
| ||||||
24 | (11) (Blank).
| ||||||
25 | (12) (Blank).
| ||||||
26 | (13) Driver. "Driver" means any person who drives, |
| |||||||
| |||||||
1 | operates, or is in
physical control of a commercial motor | ||||||
2 | vehicle, any person who is required to hold a
CDL, or any | ||||||
3 | person who is a holder of a CDL while operating a | ||||||
4 | non-commercial motor vehicle.
| ||||||
5 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
6 | individual who applies to a state or other jurisdiction to | ||||||
7 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
8 | a CLP.
| ||||||
9 | (13.8) Electronic device. "Electronic device" includes, | ||||||
10 | but is not limited to, a cellular telephone, personal digital | ||||||
11 | assistant, pager, computer, or any other device used to input, | ||||||
12 | write, send, receive, or read text. | ||||||
13 | (14) Employee. "Employee" means a person who is employed | ||||||
14 | as a
commercial
motor vehicle driver. A person who is | ||||||
15 | self-employed as a commercial motor
vehicle driver must comply | ||||||
16 | with the requirements of this UCDLA
pertaining to employees. | ||||||
17 | An
owner-operator on a long-term lease shall be considered an | ||||||
18 | employee.
| ||||||
19 | (15) Employer. "Employer" means a person (including the | ||||||
20 | United
States, a State or a local authority) who owns or leases | ||||||
21 | a commercial motor
vehicle or assigns employees to operate | ||||||
22 | such a vehicle. A person who is
self-employed as a commercial | ||||||
23 | motor vehicle driver must
comply with the requirements of this | ||||||
24 | UCDLA.
| ||||||
25 | (15.1) Endorsement. "Endorsement" means an authorization | ||||||
26 | to an individual's CLP or CDL required to permit the |
| |||||||
| |||||||
1 | individual to operate certain types of commercial motor | ||||||
2 | vehicles. | ||||||
3 | (15.2) Entry-level driver training. "Entry-level driver | ||||||
4 | training" means the training an entry-level driver receives | ||||||
5 | from an entity listed on the Federal Motor Carrier Safety | ||||||
6 | Administration's Training Provider Registry prior to: (i) | ||||||
7 | taking the CDL skills test required to receive the Class A or | ||||||
8 | Class B CDL for the first time; (ii) taking the CDL skills test | ||||||
9 | required to upgrade to a Class A or Class B CDL; or (iii) | ||||||
10 | taking the CDL skills test required to obtain a passenger or | ||||||
11 | school bus endorsement for the first time or the CDL knowledge | ||||||
12 | test required to obtain a hazardous materials endorsement for | ||||||
13 | the first time. | ||||||
14 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
15 | person who operates or expects to operate in interstate | ||||||
16 | commerce, but engages exclusively in transportation or | ||||||
17 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, | ||||||
18 | or 398.3 from all or part of the qualification requirements of | ||||||
19 | 49 C.F.R. Part 391 and is not required to obtain a medical | ||||||
20 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
21 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
22 | person who operates in intrastate commerce but engages | ||||||
23 | exclusively in transportation or operations excepted from all | ||||||
24 | or parts of the state driver qualification requirements. | ||||||
25 | (16) (Blank).
| ||||||
26 | (16.5) Fatality. "Fatality" means the death of a person as |
| |||||||
| |||||||
1 | a result of a motor vehicle crash accident .
| ||||||
2 | (16.7) Foreign commercial driver. "Foreign commercial | ||||||
3 | driver" means a person licensed to operate a commercial motor | ||||||
4 | vehicle by an authority outside the United States, or a | ||||||
5 | citizen of a foreign country who operates a commercial motor | ||||||
6 | vehicle in the United States. | ||||||
7 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
8 | sovereign
jurisdiction that does not fall within the | ||||||
9 | definition of "State".
| ||||||
10 | (18) (Blank).
| ||||||
11 | (19) (Blank).
| ||||||
12 | (20) Hazardous materials. "Hazardous material" means any | ||||||
13 | material that has been designated under 49 U.S.C.
5103 and is | ||||||
14 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
15 | or any quantity of a material listed as a select agent or toxin | ||||||
16 | in 42 C.F.R. part 73.
| ||||||
17 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
18 | existence of any condition of a vehicle, employee, or | ||||||
19 | commercial motor vehicle operations that substantially | ||||||
20 | increases the likelihood of serious injury or death if not | ||||||
21 | discontinued immediately; or a condition relating to hazardous | ||||||
22 | material that presents a substantial likelihood that death, | ||||||
23 | serious illness, severe personal injury, or a substantial | ||||||
24 | endangerment to health, property, or the environment may occur | ||||||
25 | before the reasonably foreseeable completion date of a formal | ||||||
26 | proceeding begun to lessen the risk of that death, illness, |
| |||||||
| |||||||
1 | injury or endangerment.
| ||||||
2 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
3 | transfer, renewal, or upgrade of a CLP or CDL and | ||||||
4 | non-domiciled CLP or CDL. | ||||||
5 | (20.7) Issue. "Issue" means initial issuance, transfer, | ||||||
6 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
7 | non-domiciled CDL. | ||||||
8 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
9 | commercial
motor vehicle by the owner-lessor to a lessee, for | ||||||
10 | a period of more than 29
days.
| ||||||
11 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
12 | transmission utilizing a driver-operated clutch that is | ||||||
13 | activated by a pedal or lever and a gear-shift mechanism | ||||||
14 | operated either by hand or foot including those known as a | ||||||
15 | stick shift, stick, straight drive, or standard transmission. | ||||||
16 | All other transmissions, whether semi-automatic or automatic, | ||||||
17 | shall be considered automatic for the purposes of the | ||||||
18 | standardized restriction code. | ||||||
19 | (21.1) Medical examiner. "Medical examiner" means an | ||||||
20 | individual certified by the Federal Motor Carrier Safety | ||||||
21 | Administration and listed on the National Registry of | ||||||
22 | Certified Medical Examiners in accordance with Federal Motor | ||||||
23 | Carrier Safety Regulations, 49 CFR 390.101 et seq. | ||||||
24 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
25 | certificate" means either (1) prior to June 22, 2021, a | ||||||
26 | document prescribed or approved by the Secretary of State that |
| |||||||
| |||||||
1 | is issued by a medical examiner to a driver to medically | ||||||
2 | qualify him or her to drive; or (2) beginning June 22, 2021, an | ||||||
3 | electronic submission of results of an examination conducted | ||||||
4 | by a medical examiner listed on the National Registry of | ||||||
5 | Certified Medical Examiners to the Federal Motor Carrier | ||||||
6 | Safety Administration of a driver to medically qualify him or | ||||||
7 | her to drive. | ||||||
8 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
9 | has received one of the following from the Federal Motor | ||||||
10 | Carrier Safety Administration which allows the driver to be | ||||||
11 | issued a medical certificate: (1) an exemption letter | ||||||
12 | permitting operation of a commercial motor vehicle pursuant to | ||||||
13 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
14 | skill performance evaluation (SPE) certificate permitting | ||||||
15 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
16 | 391.49. | ||||||
17 | (21.7) Mobile telephone. "Mobile telephone" means a mobile | ||||||
18 | communication device that falls under or uses any commercial | ||||||
19 | mobile radio service, as defined in regulations of the Federal | ||||||
20 | Communications Commission, 47 CFR 20.3. It does not include | ||||||
21 | two-way or citizens band radio services. | ||||||
22 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
23 | which is self-propelled, and every vehicle which is propelled | ||||||
24 | by electric
power obtained from over head trolley wires but | ||||||
25 | not operated upon rails,
except vehicles moved solely by human | ||||||
26 | power and motorized wheel chairs.
|
| |||||||
| |||||||
1 | (22.2) Motor vehicle record. "Motor vehicle record" means | ||||||
2 | a report of the driving status and history of a driver | ||||||
3 | generated from the driver record provided to users, such as | ||||||
4 | drivers or employers, and is subject to the provisions of the | ||||||
5 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
6 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
7 | combination of motor vehicles not defined by the term | ||||||
8 | "commercial motor vehicle" or "CMV" in this Section.
| ||||||
9 | (22.7) Non-excepted interstate. "Non-excepted interstate" | ||||||
10 | means a person who operates or expects to operate in | ||||||
11 | interstate commerce, is subject to and meets the qualification | ||||||
12 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
13 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
14 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
15 | means a person who operates only in intrastate commerce and is | ||||||
16 | subject to State driver qualification requirements. | ||||||
17 | (23) Non-domiciled CLP or Non-domiciled CDL. | ||||||
18 | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | ||||||
19 | respectively, issued by a state or other jurisdiction under | ||||||
20 | either of the following two conditions: | ||||||
21 | (i) to an individual domiciled in a foreign country | ||||||
22 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
23 | of the Federal Motor Carrier Safety Administration.
| ||||||
24 | (ii) to an individual domiciled in another state | ||||||
25 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
26 | of the Federal Motor Carrier Safety Administration.
|
| |||||||
| |||||||
1 | (24) (Blank).
| ||||||
2 | (25) (Blank).
| ||||||
3 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
4 | "Railroad-highway
grade
crossing violation" means a
violation, | ||||||
5 | while operating a commercial motor vehicle, of
any
of the | ||||||
6 | following:
| ||||||
7 | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
| ||||||
8 | (B) Any other similar
law or local ordinance of any | ||||||
9 | state relating to
railroad-highway grade crossing.
| ||||||
10 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
11 | vehicle used to transport pre-primary, primary, or secondary | ||||||
12 | school students from home to school, from school to home, or to | ||||||
13 | and from school-sponsored events. "School bus" does not | ||||||
14 | include a bus used as a common carrier.
| ||||||
15 | (26) Serious Traffic Violation. "Serious traffic | ||||||
16 | violation"
means:
| ||||||
17 | (A) a conviction when operating a commercial motor | ||||||
18 | vehicle, or when operating a non-CMV while holding a CLP | ||||||
19 | or CDL,
of:
| ||||||
20 | (i) a violation relating to excessive speeding,
| ||||||
21 | involving a single speeding charge of 15 miles per | ||||||
22 | hour or more above the
legal speed limit; or
| ||||||
23 | (ii) a violation relating to reckless driving; or
| ||||||
24 | (iii) a violation of any State law or local | ||||||
25 | ordinance relating to motor
vehicle traffic control | ||||||
26 | (other than parking violations) arising in
connection |
| |||||||
| |||||||
1 | with a fatal traffic crash accident ; or
| ||||||
2 | (iv) a violation of Section 6-501, relating to | ||||||
3 | having multiple driver's
licenses; or
| ||||||
4 | (v) a violation of paragraph (a) of Section 6-507, | ||||||
5 | relating to the
requirement to have a valid CLP or CDL; | ||||||
6 | or
| ||||||
7 | (vi) a violation relating to improper or erratic | ||||||
8 | traffic lane changes;
or
| ||||||
9 | (vii) a violation relating to following another | ||||||
10 | vehicle too closely; or
| ||||||
11 | (viii) a violation relating to texting while | ||||||
12 | driving; or | ||||||
13 | (ix) a violation relating to the use of a | ||||||
14 | hand-held mobile telephone while driving; or | ||||||
15 | (B) any other similar violation of a law or local
| ||||||
16 | ordinance of any state relating to motor vehicle traffic | ||||||
17 | control, other
than a parking violation, which the | ||||||
18 | Secretary of State determines by
administrative rule to be | ||||||
19 | serious.
| ||||||
20 | (27) State. "State" means a state of the United States, | ||||||
21 | the District of
Columbia and any province or territory of | ||||||
22 | Canada.
| ||||||
23 | (28) (Blank).
| ||||||
24 | (29) (Blank).
| ||||||
25 | (30) (Blank).
| ||||||
26 | (31) (Blank).
|
| |||||||
| |||||||
1 | (32) Texting. "Texting" means manually entering | ||||||
2 | alphanumeric text into, or reading text from, an electronic | ||||||
3 | device. | ||||||
4 | (1) Texting includes, but is not limited to, short | ||||||
5 | message service, emailing, instant messaging, a command or | ||||||
6 | request to access a World Wide Web page, pressing more | ||||||
7 | than a single button to initiate or terminate a voice | ||||||
8 | communication using a mobile telephone, or engaging in any | ||||||
9 | other form of electronic text retrieval or entry for | ||||||
10 | present or future communication. | ||||||
11 | (2) Texting does not include: | ||||||
12 | (i) inputting, selecting, or reading information | ||||||
13 | on a global positioning system or navigation system; | ||||||
14 | or | ||||||
15 | (ii) pressing a single button to initiate or | ||||||
16 | terminate a voice communication using a mobile | ||||||
17 | telephone; or | ||||||
18 | (iii) using a device capable of performing | ||||||
19 | multiple functions (for example, a fleet management | ||||||
20 | system, dispatching device, smart phone, citizens band | ||||||
21 | radio, or music player) for a purpose that is not | ||||||
22 | otherwise prohibited by Part 392 of the Federal Motor | ||||||
23 | Carrier Safety Regulations. | ||||||
24 | (32.3) Third party skills test examiner. "Third party | ||||||
25 | skills test examiner" means a person employed by a third party | ||||||
26 | tester who is authorized by the State to administer the CDL |
| |||||||
| |||||||
1 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
2 | (32.5) Third party tester. "Third party tester" means a | ||||||
3 | person (including, but not limited to, another state, a motor | ||||||
4 | carrier, a private driver training facility or other private | ||||||
5 | institution, or a department, agency, or instrumentality of a | ||||||
6 | local government) authorized by the State to employ skills | ||||||
7 | test examiners to administer the CDL skills tests specified in | ||||||
8 | 49 C.F.R. Part 383, subparts G and H. | ||||||
9 | (32.7) United States. "United States" means the 50 states | ||||||
10 | and the District of Columbia. | ||||||
11 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
12 | mobile telephone" means: | ||||||
13 | (1) using at least one hand to hold a mobile telephone | ||||||
14 | to conduct a voice communication; | ||||||
15 | (2) dialing or answering a mobile telephone by | ||||||
16 | pressing more than a single button; or | ||||||
17 | (3) reaching for a mobile telephone in a manner that | ||||||
18 | requires a driver to maneuver so that he or she is no | ||||||
19 | longer in a seated driving position, restrained by a seat | ||||||
20 | belt that is installed in accordance with 49 CFR 393.93 | ||||||
21 | and adjusted in accordance with the vehicle manufacturer's | ||||||
22 | instructions. | ||||||
23 | (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20; | ||||||
24 | 101-652, eff. 1-1-23.)
| ||||||
25 | (625 ILCS 5/6-500.2) (from Ch. 95 1/2, par. 6-500.2)
|
| |||||||
| |||||||
1 | Sec. 6-500.2. Statement of intent and purpose. The purpose | ||||||
2 | of this
UCDLA is to implement the federal Commercial Motor | ||||||
3 | Vehicle Safety Act of
1986 (CMVSA) (Title XII of Pub. Law | ||||||
4 | 99-570) and reduce or prevent
commercial motor vehicle crashes | ||||||
5 | accidents , fatalities and injuries by:
| ||||||
6 | (a) permitting commercial drivers to hold only one | ||||||
7 | driver's license;
| ||||||
8 | (b) disqualifying commercial drivers who have committed | ||||||
9 | certain serious
traffic violations, or other specified | ||||||
10 | offenses; and
| ||||||
11 | (c) strengthening commercial driver licensing and testing | ||||||
12 | standards.
| ||||||
13 | This UCDLA is remedial in nature and should be liberally | ||||||
14 | construed to
promote the public's health, safety and welfare. | ||||||
15 | To the extent that this
UCDLA conflicts with any other | ||||||
16 | provisions of this Code, the UCDLA shall
prevail. Where this | ||||||
17 | UCDLA is silent, the other general provisions of this
Code | ||||||
18 | shall apply.
| ||||||
19 | (Source: P.A. 86-845.)
| ||||||
20 | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||||||
21 | Sec. 6-514. Commercial driver's license (CDL); commercial | ||||||
22 | learner's permit (CLP); disqualifications.
| ||||||
23 | (a) A person shall be disqualified from driving a | ||||||
24 | commercial motor
vehicle for a period of not less than 12 | ||||||
25 | months for the first violation of:
|
| |||||||
| |||||||
1 | (1) Refusing to submit to or failure to complete a | ||||||
2 | test or tests to determine the driver's blood | ||||||
3 | concentration of alcohol, other drug, or both
while | ||||||
4 | driving a commercial motor vehicle or, if the driver is a | ||||||
5 | CLP or CDL holder, while driving a non-CMV; or
| ||||||
6 | (2) Operating a commercial motor vehicle while the | ||||||
7 | alcohol
concentration of the person's blood, breath, other | ||||||
8 | bodily substance, or urine is at least 0.04, or any
amount | ||||||
9 | of a drug, substance, or compound in the person's blood, | ||||||
10 | other bodily substance, or urine
resulting from the | ||||||
11 | unlawful use or consumption of cannabis listed in the
| ||||||
12 | Cannabis Control Act, a controlled substance listed in the | ||||||
13 | Illinois
Controlled Substances Act, or methamphetamine as | ||||||
14 | listed in the Methamphetamine Control and Community | ||||||
15 | Protection Act as indicated by a police officer's sworn | ||||||
16 | report or
other verified evidence; or operating a | ||||||
17 | non-commercial motor vehicle while the alcohol | ||||||
18 | concentration of the person's blood, breath, other bodily | ||||||
19 | substance, or urine was above the legal limit defined in | ||||||
20 | Section 11-501.1 or 11-501.8 or any amount of a drug, | ||||||
21 | substance, or compound in the person's blood, other bodily | ||||||
22 | substance, or urine resulting from the unlawful use or | ||||||
23 | consumption of cannabis listed in the Cannabis Control | ||||||
24 | Act, a controlled substance listed in the Illinois | ||||||
25 | Controlled Substances Act, or methamphetamine as listed in | ||||||
26 | the Methamphetamine Control and Community Protection Act
|
| |||||||
| |||||||
1 | as indicated by a police officer's sworn report or other | ||||||
2 | verified evidence while holding a CLP or CDL; or
| ||||||
3 | (3) Conviction for a first violation of:
| ||||||
4 | (i) Driving a commercial motor vehicle or, if the | ||||||
5 | driver is a CLP or CDL holder, driving a non-CMV while | ||||||
6 | under the influence of
alcohol, or any other drug, or | ||||||
7 | combination of drugs to a degree which
renders such | ||||||
8 | person incapable of safely driving; or
| ||||||
9 | (ii) Knowingly leaving the scene of a crash an | ||||||
10 | accident while
operating a commercial motor vehicle | ||||||
11 | or, if the driver is a CLP or CDL holder, while driving | ||||||
12 | a non-CMV; or
| ||||||
13 | (iii) Driving a commercial motor vehicle or, if | ||||||
14 | the driver is a CLP or CDL holder, driving a non-CMV | ||||||
15 | while committing any felony; or | ||||||
16 | (iv) Driving a commercial motor vehicle while the | ||||||
17 | person's driving privileges or driver's license or | ||||||
18 | permit is revoked, suspended, or cancelled or the | ||||||
19 | driver is disqualified from operating a commercial | ||||||
20 | motor vehicle; or | ||||||
21 | (v) Causing a fatality through the negligent | ||||||
22 | operation of a commercial motor vehicle, including but | ||||||
23 | not limited to the crimes of motor vehicle | ||||||
24 | manslaughter, homicide by a motor vehicle, and | ||||||
25 | negligent homicide. | ||||||
26 | As used in this subdivision (a)(3)(v), "motor |
| |||||||
| |||||||
1 | vehicle manslaughter" means the offense of involuntary | ||||||
2 | manslaughter if committed by means of a vehicle; | ||||||
3 | "homicide by a motor vehicle" means the offense of | ||||||
4 | first degree murder or second degree murder, if either | ||||||
5 | offense is committed by means of a vehicle; and | ||||||
6 | "negligent homicide" means reckless homicide under | ||||||
7 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012 and aggravated driving under the | ||||||
9 | influence of alcohol, other drug or drugs, | ||||||
10 | intoxicating compound or compounds, or any combination | ||||||
11 | thereof under subdivision (d)(1)(F) of Section 11-501 | ||||||
12 | of this Code.
| ||||||
13 | If any of the above violations or refusals occurred | ||||||
14 | while
transporting hazardous material(s) required to be | ||||||
15 | placarded, the person
shall be disqualified for a period | ||||||
16 | of not less than 3 years; or
| ||||||
17 | (4) (Blank). | ||||||
18 | (b) A person is disqualified for life for a second | ||||||
19 | conviction of any of
the offenses specified in paragraph (a), | ||||||
20 | or any combination of those
offenses, arising from 2 or more | ||||||
21 | separate incidents.
| ||||||
22 | (c) A person is disqualified from driving a commercial | ||||||
23 | motor vehicle for
life if the person either (i) uses a | ||||||
24 | commercial motor vehicle in the commission of any felony
| ||||||
25 | involving the manufacture, distribution, or dispensing of a | ||||||
26 | controlled
substance, or possession with intent to |
| |||||||
| |||||||
1 | manufacture, distribute or dispense
a controlled substance or | ||||||
2 | (ii) if the person is a CLP or CDL holder, uses a non-CMV in | ||||||
3 | the commission of a felony involving any of those activities.
| ||||||
4 | (d) The Secretary of State may, when the United States | ||||||
5 | Secretary of
Transportation so authorizes, issue regulations | ||||||
6 | in which a disqualification
for life under paragraph (b) may | ||||||
7 | be reduced to a period of not less than 10
years.
If a | ||||||
8 | reinstated driver is subsequently convicted of another | ||||||
9 | disqualifying
offense, as specified in subsection (a) of this | ||||||
10 | Section, he or she shall be
permanently disqualified for life | ||||||
11 | and shall be ineligible to again apply for a
reduction of the | ||||||
12 | lifetime disqualification.
| ||||||
13 | (e) A person is disqualified from driving a commercial | ||||||
14 | motor vehicle for
a period of not less than 2 months if | ||||||
15 | convicted of 2 serious traffic
violations, committed in a | ||||||
16 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
17 | or any combination thereof, arising from separate
incidents, | ||||||
18 | occurring within a 3 year period, provided the serious traffic | ||||||
19 | violation committed in a non-CMV would result in the | ||||||
20 | suspension or revocation of the CLP or CDL holder's non-CMV | ||||||
21 | privileges. However, a person will be
disqualified from | ||||||
22 | driving a commercial motor vehicle for a period of not less
| ||||||
23 | than 4 months if convicted of 3 serious traffic violations, | ||||||
24 | committed in a
commercial motor vehicle, non-CMV while holding | ||||||
25 | a CLP or CDL, or any combination thereof, arising from | ||||||
26 | separate incidents, occurring within a 3
year period, provided |
| |||||||
| |||||||
1 | the serious traffic violation committed in a non-CMV would | ||||||
2 | result in the suspension or revocation of the CLP or CDL | ||||||
3 | holder's non-CMV privileges. If all the convictions occurred | ||||||
4 | in a non-CMV, the disqualification shall be entered only if | ||||||
5 | the convictions would result in the suspension or revocation | ||||||
6 | of the CLP or CDL holder's non-CMV privileges.
| ||||||
7 | (e-1) (Blank).
| ||||||
8 | (f) Notwithstanding any other provision of this Code, any | ||||||
9 | driver
disqualified from operating a commercial motor vehicle, | ||||||
10 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
11 | of commercial driving
privileges during any such period of | ||||||
12 | disqualification.
| ||||||
13 | (g) After suspending, revoking, or cancelling a CLP or | ||||||
14 | CDL, the Secretary of State must update the driver's records | ||||||
15 | to reflect
such action within 10 days. After suspending or | ||||||
16 | revoking the driving privilege
of any person who has been | ||||||
17 | issued a CLP or CDL from another jurisdiction, the Secretary | ||||||
18 | shall originate notification to
such issuing jurisdiction | ||||||
19 | within 10 days.
| ||||||
20 | (h) The "disqualifications" referred to in this Section | ||||||
21 | shall not be
imposed upon any commercial motor vehicle driver, | ||||||
22 | by the Secretary of
State, unless the prohibited action(s) | ||||||
23 | occurred after March 31, 1992.
| ||||||
24 | (i) A person is disqualified from driving a commercial | ||||||
25 | motor vehicle in
accordance with the following:
| ||||||
26 | (1) For 6 months upon a first conviction of paragraph |
| |||||||
| |||||||
1 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
2 | of this Code.
| ||||||
3 | (2) For 2 years upon a second conviction of paragraph | ||||||
4 | (2) of subsection
(b) or subsection (b-3) or any | ||||||
5 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
6 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
7 | within a 10-year period if the second conviction is a | ||||||
8 | violation of paragraph (2) of subsection (b) or subsection | ||||||
9 | (b-3).
| ||||||
10 | (3) For 3 years upon a third or subsequent conviction | ||||||
11 | of paragraph (2) of
subsection (b) or subsection (b-3) or | ||||||
12 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
13 | or subsections (b-3) or (b-5) of Section 6-507 of this | ||||||
14 | Code within a 10-year period if the third or subsequent | ||||||
15 | conviction is a violation of paragraph (2) of subsection | ||||||
16 | (b) or subsection (b-3).
| ||||||
17 | (4) For one year upon a first conviction of paragraph | ||||||
18 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||||||
19 | of this Code.
| ||||||
20 | (5) For 3 years upon a second conviction of paragraph | ||||||
21 | (3) of subsection
(b) or subsection (b-5) or any | ||||||
22 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
23 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
24 | within a 10-year period if the second conviction is a | ||||||
25 | violation of paragraph (3) of subsection (b) or (b-5).
| ||||||
26 | (6) For 5 years upon a third or subsequent conviction |
| |||||||
| |||||||
1 | of paragraph (3) of
subsection (b) or subsection (b-5) or | ||||||
2 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
3 | or subsections (b-3) or (b-5) of Section 6-507 of this | ||||||
4 | Code within a 10-year period if the third or subsequent | ||||||
5 | conviction is a violation of paragraph (3) of subsection | ||||||
6 | (b) or (b-5).
| ||||||
7 | (j) Disqualification for railroad-highway grade crossing
| ||||||
8 | violation.
| ||||||
9 | (1) General rule. A driver who is convicted of a | ||||||
10 | violation of a federal,
State, or
local law or regulation | ||||||
11 | pertaining to
one of the following 6 offenses at a | ||||||
12 | railroad-highway grade crossing must be
disqualified
from | ||||||
13 | operating a commercial motor vehicle for the period of | ||||||
14 | time specified in
paragraph (2) of this subsection (j) if | ||||||
15 | the offense was committed while
operating a commercial | ||||||
16 | motor vehicle:
| ||||||
17 | (i) For drivers who are not required to always | ||||||
18 | stop, failing to
slow down and check that the tracks | ||||||
19 | are clear of an approaching train or railroad track | ||||||
20 | equipment, as
described in subsection (a-5) of Section | ||||||
21 | 11-1201 of this Code;
| ||||||
22 | (ii) For drivers who are not required to always | ||||||
23 | stop, failing to
stop before reaching the crossing, if | ||||||
24 | the tracks are not clear, as described in
subsection | ||||||
25 | (a) of Section 11-1201 of this Code;
| ||||||
26 | (iii) For drivers who are always required to stop, |
| |||||||
| |||||||
1 | failing to stop
before driving onto the crossing, as | ||||||
2 | described in Section 11-1202 of this Code;
| ||||||
3 | (iv) For all drivers, failing to have sufficient | ||||||
4 | space to drive
completely through the crossing without | ||||||
5 | stopping, as described in subsection
(b) of Section | ||||||
6 | 11-1425 of this Code;
| ||||||
7 | (v) For all drivers, failing to obey a traffic | ||||||
8 | control device or
the directions of an enforcement | ||||||
9 | official at the crossing, as described in
subdivision | ||||||
10 | (a)2 of Section 11-1201 of this Code;
| ||||||
11 | (vi) For all drivers, failing to negotiate a | ||||||
12 | crossing because of
insufficient undercarriage | ||||||
13 | clearance, as described in subsection (d-1) of
Section | ||||||
14 | 11-1201 of this Code.
| ||||||
15 | (2) Duration of disqualification for railroad-highway | ||||||
16 | grade
crossing violation.
| ||||||
17 | (i) First violation. A driver must be disqualified | ||||||
18 | from operating a
commercial motor vehicle
for not less | ||||||
19 | than 60 days if the driver is convicted of a violation | ||||||
20 | described
in paragraph
(1) of this subsection (j) and, | ||||||
21 | in the three-year period preceding the
conviction, the | ||||||
22 | driver
had no convictions for a violation described in | ||||||
23 | paragraph (1) of this
subsection (j).
| ||||||
24 | (ii) Second violation. A driver must be | ||||||
25 | disqualified from operating a
commercial
motor vehicle
| ||||||
26 | for not less
than 120 days if the driver is convicted
|
| |||||||
| |||||||
1 | of a violation described in paragraph (1) of this | ||||||
2 | subsection (j) and, in the
three-year
period preceding | ||||||
3 | the conviction, the driver had one other conviction | ||||||
4 | for a
violation
described in paragraph (1) of this | ||||||
5 | subsection (j) that was committed in a
separate
| ||||||
6 | incident.
| ||||||
7 | (iii) Third or subsequent violation. A driver must | ||||||
8 | be disqualified from
operating a
commercial motor | ||||||
9 | vehicle
for not less than one year if the driver is | ||||||
10 | convicted
of a violation described in paragraph (1) of | ||||||
11 | this subsection (j) and, in the
three-year
period | ||||||
12 | preceding the conviction, the driver had 2 or more | ||||||
13 | other convictions for
violations
described in | ||||||
14 | paragraph (1) of this subsection (j) that were | ||||||
15 | committed in
separate incidents.
| ||||||
16 | (k) Upon notification of a disqualification of a driver's | ||||||
17 | commercial motor vehicle privileges imposed by the U.S. | ||||||
18 | Department of Transportation, Federal Motor Carrier Safety | ||||||
19 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
20 | Secretary of State shall immediately record to the driving | ||||||
21 | record the notice of disqualification and confirm to the | ||||||
22 | driver the action that has been taken.
| ||||||
23 | (l) A foreign commercial driver is subject to | ||||||
24 | disqualification under this Section. | ||||||
25 | (Source: P.A. 98-122, eff. 1-1-14; 98-176 (see Section 10 of | ||||||
26 | P.A. 98-722 and Section 10 of P.A. 99-414 for the effective |
| |||||||
| |||||||
1 | date of changes made by P.A. 98-176); 98-722, eff. 7-16-14; | ||||||
2 | 98-756, eff. 7-16-14; 98-1172, eff. 1-12-15; 99-697, eff. | ||||||
3 | 7-29-16.)
| ||||||
4 | (625 ILCS 5/6-516) (from Ch. 95 1/2, par. 6-516)
| ||||||
5 | Sec. 6-516. Implied consent requirements for commercial | ||||||
6 | motor vehicle
drivers. | ||||||
7 | (a) Effective April 1, 1992, any person who drives a | ||||||
8 | commercial motor
vehicle upon the highways is hereby deemed to | ||||||
9 | have given consent to submit
to a test or tests, subject to the | ||||||
10 | provisions of Section 11-501.2 of this Code,
of such person's | ||||||
11 | breath, blood or urine for the purpose of determining the
| ||||||
12 | presence of alcohol, or other drugs, in such person's system.
| ||||||
13 | (b) A test or tests may be administered at the direction of | ||||||
14 | a law
enforcement officer, who after stopping or detaining the | ||||||
15 | commercial motor
vehicle driver, has probable cause to believe | ||||||
16 | that driver was driving a
commercial motor vehicle while | ||||||
17 | having alcohol or any amount of a drug,
substance, or compound | ||||||
18 | resulting from the unlawful use or consumption of
cannabis | ||||||
19 | listed in the Cannabis Control Act, a controlled substance | ||||||
20 | listed in
the Illinois Controlled Substances Act, or | ||||||
21 | methamphetamine as listed in the Methamphetamine Control and | ||||||
22 | Community Protection Act in such driver's system.
| ||||||
23 | (c) Effective April 1, 1992, any person who operates a | ||||||
24 | school bus at
the time of a crash an accident involving the | ||||||
25 | school bus is hereby deemed to have
given consent to submit to |
| |||||||
| |||||||
1 | a test or tests to be administered at the
direction of a law | ||||||
2 | enforcement officer, subject to the provisions of
Section | ||||||
3 | 11-501.2 of this Code, of the driver's breath, blood or urine | ||||||
4 | for
the purpose of determining the presence of alcohol, or | ||||||
5 | other drugs, in the
person's system.
| ||||||
6 | (Source: P.A. 95-355, eff. 1-1-08.)
| ||||||
7 | (625 ILCS 5/6-703) (from Ch. 95 1/2, par. 6-703)
| ||||||
8 | Sec. 6-703. Effect of Conviction.
| ||||||
9 | (a) The licensing authority in the home state, for the | ||||||
10 | purposes of
suspension, revocation or limitation of the | ||||||
11 | license to operate a motor
vehicle, shall give the same effect | ||||||
12 | to the conduct reported, pursuant to
Section 6-702, as it | ||||||
13 | would if such conduct had occurred in the home state,
in the | ||||||
14 | case of convictions for:
| ||||||
15 | 1. Manslaughter or negligent homicide resulting from the | ||||||
16 | operation of a
motor vehicle;
| ||||||
17 | 2. Driving a motor vehicle while under the influence of | ||||||
18 | intoxicating
liquor or a narcotic drug, or under the influence | ||||||
19 | of any other drug to a
degree which renders the driver | ||||||
20 | incapable of safely driving a motor
vehicle;
| ||||||
21 | 3. Any felony in the commission of which a motor vehicle is | ||||||
22 | used;
| ||||||
23 | 4. Failure to stop and render aid in the event of a motor | ||||||
24 | vehicle
crash accident resulting in the death or personal | ||||||
25 | injury of another.
|
| |||||||
| |||||||
1 | (b) As to other convictions, reported pursuant to Section | ||||||
2 | 6-702, the
licensing authority in the home state shall give | ||||||
3 | such effect to the conduct
as is provided by the laws of the | ||||||
4 | home state.
| ||||||
5 | (c) If the laws of a party state do not provide for | ||||||
6 | offenses or
violations denominated or described in precisely | ||||||
7 | the words employed in
paragraph (a) of this Section, such | ||||||
8 | party state shall construe the
denominations and descriptions | ||||||
9 | appearing in paragraph (a) hereof as being
applicable to and | ||||||
10 | identifying those offenses or violations of a
substantially | ||||||
11 | similar nature, and the laws of such party state shall
contain | ||||||
12 | such provision as may be necessary to ensure that full force | ||||||
13 | and
effect is given to this Section.
| ||||||
14 | (Source: P.A. 76-1615.)
| ||||||
15 | (625 ILCS 5/6-1002) | ||||||
16 | Sec. 6-1002. Enhanced skills driving school | ||||||
17 | qualifications. In order to qualify for a license to operate | ||||||
18 | an enhanced skills driving school, each applicant must: | ||||||
19 | (1) Be of good moral character; | ||||||
20 | (2) Be at least 21 years of age; | ||||||
21 | (3) Maintain bodily injury and property damage | ||||||
22 | liability insurance on motor vehicles while used in | ||||||
23 | driving instruction, insuring the liability of the driving | ||||||
24 | school, the driving instructors and any person taking | ||||||
25 | instruction in at least the following amounts: $500,000 |
| |||||||
| |||||||
1 | for bodily injury to or death of one person in any one | ||||||
2 | crash accident and, subject to said limit for one person, | ||||||
3 | $1,000,000 for bodily injury to or death of 2 or more | ||||||
4 | persons in any one crash accident and the amount of | ||||||
5 | $100,000 for damage to property of others in any one crash | ||||||
6 | accident . Evidence of such insurance coverage in the form | ||||||
7 | of a certificate from the insurance carrier shall be filed | ||||||
8 | with the Secretary of State, and such certificate shall | ||||||
9 | stipulate that the insurance shall not be cancelled except | ||||||
10 | upon 10 days' prior written notice to the Secretary of | ||||||
11 | State; | ||||||
12 | (4) Have the equipment necessary to the giving of | ||||||
13 | proper instruction in the operation of motor vehicles; and | ||||||
14 | (5) Pay to the Secretary of State an application fee | ||||||
15 | of $500 and $50 for each branch application.
| ||||||
16 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
17 | (625 ILCS 5/6-1004) | ||||||
18 | Sec. 6-1004. Qualifications of enhanced skills driving | ||||||
19 | school instructors. In order to qualify for a license as an | ||||||
20 | instructor for an enhanced skills driving school, an applicant | ||||||
21 | must: | ||||||
22 | (1) Be of good moral character; | ||||||
23 | (2) Have never been convicted of driving while under | ||||||
24 | the influence of alcohol, other drugs, or a combination | ||||||
25 | thereof; leaving the scene of a crash an accident ; |
| |||||||
| |||||||
1 | reckless homicide or reckless driving; | ||||||
2 | (3) Be physically able to operate safely a motor | ||||||
3 | vehicle and to train others in the operation of motor | ||||||
4 | vehicles; | ||||||
5 | (4) Hold a valid drivers license; and | ||||||
6 | (5) Pay to the Secretary of State an application and | ||||||
7 | license fee of $70.
| ||||||
8 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
9 | (625 ILCS 5/6-1009) | ||||||
10 | Sec. 6-1009. Denial, cancellation, suspension, revocation, | ||||||
11 | and failure to renew license. The Secretary may deny, cancel, | ||||||
12 | suspend or revoke, or refuse to renew any enhanced skills | ||||||
13 | driving school license or any enhanced skills driving school | ||||||
14 | instructor license: | ||||||
15 | (1) When the Secretary is satisfied that the licensee | ||||||
16 | fails to meet the requirements to receive or hold a | ||||||
17 | license under this Code; | ||||||
18 | (2) Whenever the licensee fails to keep records | ||||||
19 | required by this Code or by any rule prescribed by the | ||||||
20 | Secretary; | ||||||
21 | (3) Whenever the licensee fails to comply with any | ||||||
22 | provision of this Code or any rule of the Secretary made | ||||||
23 | pursuant thereto; | ||||||
24 | (4) Whenever the licensee represents himself or | ||||||
25 | herself as an agent or employee of the Secretary or uses |
| |||||||
| |||||||
1 | advertising designed to lead or which would reasonably | ||||||
2 | have the effect of leading persons to believe that such | ||||||
3 | licensee is in fact an employee or representative of the | ||||||
4 | Secretary; | ||||||
5 | (5) Whenever the licensee or any employee or agent of | ||||||
6 | the licensee solicits driver training or instruction in an | ||||||
7 | office of any department of the Secretary of State having | ||||||
8 | to do with the administration of any law relating to motor | ||||||
9 | vehicles, or within 1,500 feet of any such office; or | ||||||
10 | (6) Whenever the licensee is convicted of driving | ||||||
11 | while under the influence of alcohol, other drugs, or a | ||||||
12 | combination thereof; leaving the scene of a crash an | ||||||
13 | accident ; reckless homicide or reckless driving.
| ||||||
14 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
15 | (625 ILCS 5/Ch. 7 Art. II heading) | ||||||
16 | ARTICLE II. SECURITY FOLLOWING CRASH ACCIDENT
| ||||||
17 | (625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201)
| ||||||
18 | Sec. 7-201. Application of Article II. The Administrator | ||||||
19 | as soon as practicable after the receipt of the
report, | ||||||
20 | required to be filed under Sections 11-406 and 11-410, of a | ||||||
21 | motor
vehicle crash accident occurring within this State and | ||||||
22 | that has resulted in
bodily injury or death of any person or | ||||||
23 | that damage to the property of
any one person in excess of | ||||||
24 | $1,500 (or $500 if any of the vehicles involved in the crash |
| |||||||
| |||||||
1 | accident is subject to Section 7-601 but is not covered by a | ||||||
2 | liability insurance policy in accordance with Section 7-601) | ||||||
3 | was sustained, shall determine:
| ||||||
4 | 1. Whether Section 7-202 of this Code requires the | ||||||
5 | deposit of security by
or on behalf of any person who was | ||||||
6 | the operator or owner of any motor
vehicle in any manner | ||||||
7 | involved in the crash accident ; and
| ||||||
8 | 2. What amount of security shall be sufficient to | ||||||
9 | satisfy any potential
judgment or judgments for money | ||||||
10 | damages resulting from the crash accident as may
be | ||||||
11 | recovered against the operator or owner, which amount | ||||||
12 | shall in no event
be less than $1,500 (or $500 if any of | ||||||
13 | the vehicles involved in the crash accident is subject to | ||||||
14 | Section 7-601 but is not covered by a liability insurance | ||||||
15 | policy in accordance with Section 7-601).
| ||||||
16 | (Source: P.A. 95-754, eff. 1-1-09.)
| ||||||
17 | (625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1)
| ||||||
18 | Sec. 7-201.1.
If the Administrator has not received a | ||||||
19 | report required
to be filed under Sections 11-406 and 11-410, | ||||||
20 | or if the information
contained in a report is insufficient, | ||||||
21 | the Administrator shall send to the
person required to file | ||||||
22 | the report a written request for the missing report
or the | ||||||
23 | missing information. The Administrator shall send such request | ||||||
24 | no
later than 45 days after the crash accident or 7 days after | ||||||
25 | receiving information
that such crash accident has occurred, |
| |||||||
| |||||||
1 | whichever is later.
| ||||||
2 | If the request is sent to a driver involved in a crash an | ||||||
3 | accident , the request
or an attachment thereto shall contain | ||||||
4 | in bold print a warning that failure
to comply with the request | ||||||
5 | within 15 days may result in the suspension of
the driver's | ||||||
6 | license.
| ||||||
7 | (Source: P.A. 84-797.)
| ||||||
8 | (625 ILCS 5/7-201.2) (from Ch. 95 1/2, par. 7-201.2)
| ||||||
9 | Sec. 7-201.2.
The Administrator, within 30 days after | ||||||
10 | compiling
sufficient information on a motor vehicle crash | ||||||
11 | accident , shall certify to the
Secretary of State the name of | ||||||
12 | each owner and the name of each operator of
any vehicle | ||||||
13 | involved in the crash accident , his determination that | ||||||
14 | security is
required under this Code, and the amount of the | ||||||
15 | security. The
Administrator also shall supply to the Secretary | ||||||
16 | of State a copy of any
crash accident report requested by the | ||||||
17 | Secretary.
| ||||||
18 | The Administrator shall send a copy of the certification | ||||||
19 | to each person
whose name is certified. The copy, or an | ||||||
20 | attachment thereto, shall contain
in bold print an explanation | ||||||
21 | that, because the person did not furnish the
Department of | ||||||
22 | Transportation with evidence that he or she is insured or
| ||||||
23 | otherwise able to pay for damages resulting from the crash | ||||||
24 | accident , the person's
name has been forwarded to the | ||||||
25 | Secretary of State for possible suspension
of his or her |
| |||||||
| |||||||
1 | driver's license.
| ||||||
2 | (Source: P.A. 84-797.)
| ||||||
3 | (625 ILCS 5/7-202) (from Ch. 95 1/2, par. 7-202)
| ||||||
4 | Sec. 7-202. Exceptions to requirements of security. (a) | ||||||
5 | The requirements
as to security and suspension as provided by | ||||||
6 | Sections 7-201 and 7-205 shall not apply:
| ||||||
7 | 1. To the driver or owner if such owner had in effect at | ||||||
8 | the time of such
motor vehicle crash accident a liability | ||||||
9 | policy covering such driver and owner
with respect to the | ||||||
10 | vehicle involved in such motor vehicle crash
accident ;
| ||||||
11 | 2. To the driver, if not the owner of such vehicle, if | ||||||
12 | there
was in effect at the time of such motor vehicle crash | ||||||
13 | accident a liability policy
or bond with respect to the | ||||||
14 | operation of motor vehicles not owned by the driver;
| ||||||
15 | 3. To the driver or owner if the liability of such driver | ||||||
16 | or owner for
damages resulting from such motor vehicle crash | ||||||
17 | accident is covered by any other
form of liability insurance | ||||||
18 | policy or bond;
| ||||||
19 | 4. To the driver or owner, if such owner is qualified as a
| ||||||
20 | self-insurer as provided in Section 7-502;
| ||||||
21 | 5. To the owner if such owner at the time of such motor | ||||||
22 | vehicle crash accident
was in compliance with Section 8-101 or | ||||||
23 | Section 9-101;
| ||||||
24 | 6. To the driver or owner if such owner at the time of such | ||||||
25 | motor vehicle crash
accident was in compliance with the |
| |||||||
| |||||||
1 | Federal Revised Interstate Commerce Act
(P.L. 95-473), as now | ||||||
2 | or hereafter amended;
| ||||||
3 | 7. To the owner if the vehicle involved in such motor | ||||||
4 | vehicle crash accident
was owned by the United States, this | ||||||
5 | State or any political sub-division of
this State, any | ||||||
6 | municipality therein, or any local Mass Transit District;
| ||||||
7 | 8. To the driver or the owner of a vehicle involved in a | ||||||
8 | motor vehicle
crash accident wherein no injury or damage was | ||||||
9 | caused to the person or
property of any one other than such | ||||||
10 | driver or owner;
| ||||||
11 | 9. To the driver or the owner of a vehicle which at the | ||||||
12 | time of the motor
vehicle crash accident was parked, unless | ||||||
13 | such vehicle was parked at a place where
parking was at the | ||||||
14 | time of the crash accident prohibited under any applicable
law | ||||||
15 | or ordinance;
| ||||||
16 | 10. To the owner of a vehicle if at the time of the motor | ||||||
17 | vehicle crash accident
the vehicle was being operated without | ||||||
18 | his permission, express or implied,
or was parked by a person | ||||||
19 | who had been operating such motor
vehicle without such | ||||||
20 | permission;
| ||||||
21 | 11. To the driver, if not the owner, of a commercial motor | ||||||
22 | vehicle on
which there was no liability policy or bond with | ||||||
23 | respect to the
operation of such vehicle in effect at the time | ||||||
24 | of the motor vehicle crash accident
when the driver was | ||||||
25 | operating the vehicle in
the course of the driver's employment | ||||||
26 | and had
no actual knowledge of such lack of a liability policy |
| |||||||
| |||||||
1 | or bond prior to
the motor vehicle crash accident .
| ||||||
2 | (b) If at the time of the motor vehicle crash accident , an | ||||||
3 | owner or
driver is covered by a motor vehicle liability policy | ||||||
4 | or bond meeting the
requirements of this Code, such owner or | ||||||
5 | driver shall be exempt
from suspension under Section 7-205 as | ||||||
6 | to that motor vehicle crash accident ,
if the company issuing | ||||||
7 | the policy or bond has failed, and such policy or
bond was not | ||||||
8 | effective at the time of the motor vehicle crash accident or
| ||||||
9 | any time thereafter, provided, that the owner or driver had no | ||||||
10 | knowledge
of the company's failure prior to the motor vehicle | ||||||
11 | crash accident , and such
owner or driver has secured within 30 | ||||||
12 | days after learning of such failure
another liability policy | ||||||
13 | or bond meeting the requirements of the Code relating
to | ||||||
14 | future occurrences or motor vehicle crashes accidents .
| ||||||
15 | As used in this paragraph, the words "failed" or "failure"
| ||||||
16 | mean that the company has suspended operations by order of a | ||||||
17 | court.
| ||||||
18 | (Source: P.A. 85-293.)
| ||||||
19 | (625 ILCS 5/7-203) (from Ch. 95 1/2, par. 7-203)
| ||||||
20 | Sec. 7-203. Requirements as to policy or bond. No such | ||||||
21 | policy or bond referred to in Section 7-202 shall
be effective | ||||||
22 | under this Section unless issued by an insurance company or
| ||||||
23 | surety company authorized to do business in this State, except | ||||||
24 | that if
such motor vehicle was not registered in this State, or | ||||||
25 | was a motor
vehicle which was registered elsewhere than in |
| |||||||
| |||||||
1 | this State at the
effective date of the policy or bond, or the | ||||||
2 | most recent renewal
thereof, such policy or bond shall not be | ||||||
3 | effective under this Section
unless the insurance company or | ||||||
4 | surety company, if not authorized to do
business in this | ||||||
5 | State, shall execute a power of attorney authorizing
the | ||||||
6 | Secretary of State to accept service on its behalf of notice or
| ||||||
7 | process in any action upon such policy or bond arising out of | ||||||
8 | such
motor vehicle crash accident . However, every such policy | ||||||
9 | or bond is subject, if
the motor vehicle crash accident has | ||||||
10 | resulted in bodily injury or death, to
a limit, exclusive of | ||||||
11 | interest and costs, of not less than $25,000 because of
bodily | ||||||
12 | injury to or death of any one person in any one motor vehicle
| ||||||
13 | crash accident and, subject to said limit for one person, to a | ||||||
14 | limit of not less than
$50,000 because of bodily injury to or | ||||||
15 | death of 2 or more persons
in any one motor vehicle crash | ||||||
16 | accident , and, if the motor vehicle crash accident
has | ||||||
17 | resulted in injury to or destruction of property, to a limit of | ||||||
18 | not
less than $20,000 because of injury to or destruction of
| ||||||
19 | property of others
in any one motor vehicle crash accident . | ||||||
20 | The changes to this Section made by this amendatory Act of the | ||||||
21 | 98th General Assembly apply only to policies issued or renewed | ||||||
22 | on or after January 1, 2015.
| ||||||
23 | Upon receipt of a written motor vehicle crash accident
| ||||||
24 | report from the Administrator the insurance company or surety | ||||||
25 | company
named in such notice shall notify the Administrator | ||||||
26 | within such time and
in such manner as the Administrator may |
| |||||||
| |||||||
1 | require, in case such policy or
bond was not in effect at the | ||||||
2 | time of such motor vehicle crash accident .
| ||||||
3 | (Source: P.A. 98-519, eff. 1-1-15 .)
| ||||||
4 | (625 ILCS 5/7-204) (from Ch. 95 1/2, par. 7-204)
| ||||||
5 | Sec. 7-204. Form and amount of security - Definition.
| ||||||
6 | (A) Any security required to be deposited under this Act | ||||||
7 | shall be in
the form as the Secretary of State may require by | ||||||
8 | administrative rule, and
in the amounts as the
Administrator | ||||||
9 | may determine to be sufficient to satisfy any judgment or
| ||||||
10 | judgments for damages against an operator or owner but in no | ||||||
11 | case in excess
of the limits specified in Section 7-203 of this | ||||||
12 | Act in reference to the
acceptable limits of a policy or bond | ||||||
13 | nor for an amount less than $1,500 (or $500 if any of the | ||||||
14 | vehicles involved in the crash accident is subject to Section | ||||||
15 | 7-601 but is not covered by a liability insurance policy in | ||||||
16 | accordance with Section 7-601).
| ||||||
17 | (B) The person depositing security shall specify in | ||||||
18 | writing the person
or persons on whose behalf the deposit is | ||||||
19 | made and, while at any time the
deposit is in the custody of | ||||||
20 | the Secretary of State or State Treasurer, the
person | ||||||
21 | depositing it may, in writing, amend the specification of the | ||||||
22 | person
or persons on whose behalf the deposit is made to | ||||||
23 | include an additional
person or persons; provided, however, | ||||||
24 | that a single deposit of security
shall be applicable only on | ||||||
25 | behalf of persons, required to furnish security
because of the |
| |||||||
| |||||||
1 | same crash accident .
| ||||||
2 | (C) Within 10 days after any security required under the | ||||||
3 | provisions of
this Article is deposited with the Secretary of | ||||||
4 | State, the Secretary shall
send notice of the security deposit | ||||||
5 | to the following, if known:
| ||||||
6 | 1. To each owner and operator of any vehicle involved | ||||||
7 | in the crash accident
that sustained damage in excess of | ||||||
8 | $1,500 (or $500 if any of the vehicles involved in the | ||||||
9 | crash accident is subject to Section 7-601 but is not | ||||||
10 | covered by a liability insurance policy in accordance with | ||||||
11 | Section 7-601);
| ||||||
12 | 2. To any person who sustained damage to personal or | ||||||
13 | real property in
excess of $1,500 (or $500 if any of the | ||||||
14 | vehicles involved in the crash accident is subject to | ||||||
15 | Section 7-601 but is not covered by a liability insurance | ||||||
16 | policy in accordance with Section 7-601);
| ||||||
17 | 3. To any person who was injured as a result of the | ||||||
18 | crash accident ; and
| ||||||
19 | 4. To the estate of any person killed as a result of | ||||||
20 | the crash accident .
| ||||||
21 | (Source: P.A. 95-754, eff. 1-1-09.)
| ||||||
22 | (625 ILCS 5/7-208) (from Ch. 95 1/2, par. 7-208)
| ||||||
23 | Sec. 7-208. Agreements for payment of damages. (a) Any 2
| ||||||
24 | or more of the persons involved in
a motor vehicle crash | ||||||
25 | accident subject
to the provisions of Section 7-201 or their |
| |||||||
| |||||||
1 | authorized representatives,
may at any time enter into a
| ||||||
2 | written agreement for the payment of an agreed amount in | ||||||
3 | installments, with
respect to all claims for injuries or | ||||||
4 | damages resulting from the motor
vehicle crash accident .
| ||||||
5 | (b) The Secretary of State, to the extent provided by any
| ||||||
6 | such written agreement properly filed with him, shall not | ||||||
7 | require the
deposit of security and shall terminate any prior | ||||||
8 | order of suspension, or,
if security has
previously been | ||||||
9 | deposited, the Secretary of State shall immediately return
| ||||||
10 | such security to the depositor or an appropriate personal | ||||||
11 | representative.
| ||||||
12 | (c) In the event of a default in any payment under such | ||||||
13 | agreement
and upon notice of such default the Secretary of | ||||||
14 | State shall forthwith suspend
the driver's license and | ||||||
15 | registration, or nonresident's
operating privileges, of such | ||||||
16 | person in default which shall not be restored
unless and | ||||||
17 | until:
| ||||||
18 | 1. Such person deposits and thereafter maintains | ||||||
19 | security
as required under Section 7-201 in such amount as | ||||||
20 | the Secretary of State
may then determine,
| ||||||
21 | 2. Two years have elapsed since the acceptance of the | ||||||
22 | notice of
default by the Secretary of State and
during | ||||||
23 | such period no action upon such agreement has been | ||||||
24 | instituted in
any court having jurisdiction, or
| ||||||
25 | 3. The person enters into a second written agreement | ||||||
26 | for the payment of an
agreed amount in installments with |
| |||||||
| |||||||
1 | respect to all claims for injuries or
damages resulting | ||||||
2 | from the motor vehicle crash accident .
| ||||||
3 | (Source: P.A. 90-774, eff. 8-14-98.)
| ||||||
4 | (625 ILCS 5/7-209) (from Ch. 95 1/2, par. 7-209)
| ||||||
5 | Sec. 7-209. Payment upon judgment. The payment of a | ||||||
6 | judgment arising out
of a motor vehicle crash accident or the | ||||||
7 | payment upon such judgment
of an amount equal to the maximum | ||||||
8 | amount which could be required for deposit
under this Article | ||||||
9 | shall for the purposes of this Code be
deemed satisfied.
| ||||||
10 | (Source: P.A. 83-831.)
| ||||||
11 | (625 ILCS 5/7-211) (from Ch. 95 1/2, par. 7-211)
| ||||||
12 | Sec. 7-211. Duration of suspension.
| ||||||
13 | (a) Unless a suspension is terminated
under other | ||||||
14 | provisions of this Code, the driver's license or registration
| ||||||
15 | and nonresident's operating privilege suspended as provided in | ||||||
16 | Section
7-205 shall remain suspended and shall not be renewed | ||||||
17 | nor shall any
license or registration be issued to the person | ||||||
18 | until:
| ||||||
19 | 1. The person deposits or there shall
be deposited and | ||||||
20 | filed on
the person's behalf the security required under | ||||||
21 | Section 7-201;
| ||||||
22 | 2. Two years have elapsed following the date the | ||||||
23 | driver's license
and registrations were suspended and | ||||||
24 | evidence satisfactory to the Secretary
of State that |
| |||||||
| |||||||
1 | during the period no action for damages arising
out of a
| ||||||
2 | motor vehicle crash accident has been properly filed;
| ||||||
3 | 3. Receipt of proper notice that the person has filed | ||||||
4 | bankruptcy which
would include all claims for personal | ||||||
5 | injury and property damage resulting
from the crash | ||||||
6 | accident ;
| ||||||
7 | 4. After the expiration of 5 years from the date of the | ||||||
8 | crash accident , the
Secretary of State has not received | ||||||
9 | documentation that any action at law
for damages arising | ||||||
10 | out of the motor vehicle crash accident has been filed | ||||||
11 | against
the person; or | ||||||
12 | 5. The statute of limitations has expired and the | ||||||
13 | person seeking reinstatement provides evidence | ||||||
14 | satisfactory to the Secretary of State that, during the | ||||||
15 | statute of limitations period, no action for damages | ||||||
16 | arising out of a motor vehicle crash accident has been | ||||||
17 | properly filed.
| ||||||
18 | An affidavit that no action at law for damages arising
out | ||||||
19 | of the motor vehicle crash accident has been filed against the | ||||||
20 | applicant,
or if filed that it is not still pending shall be | ||||||
21 | prima facie evidence
of that fact. The Secretary of State may | ||||||
22 | take whatever steps are necessary
to verify the statement set | ||||||
23 | forth in the applicant's affidavit.
| ||||||
24 | (b) The driver's license or registration and nonresident's | ||||||
25 | operating
privileges suspended as provided in Section 7-205 | ||||||
26 | shall also remain suspended
and shall not be renewed nor shall |
| |||||||
| |||||||
1 | any license or registration be issued to the
person until the | ||||||
2 | person gives proof of his or her financial responsibility in
| ||||||
3 | the future as provided in Section 1-164.5. The proof is to be
| ||||||
4 | maintained by the
person in a manner satisfactory to the | ||||||
5 | Secretary of State for a period of 3
years after the date the | ||||||
6 | proof is first filed.
| ||||||
7 | (Source: P.A. 102-52, eff. 1-1-22 .)
| ||||||
8 | (625 ILCS 5/7-212) (from Ch. 95 1/2, par. 7-212)
| ||||||
9 | Sec. 7-212. Authority of Administrator and Secretary of | ||||||
10 | State to decrease
amount of
security. The Administrator may | ||||||
11 | reduce the amount of security ordered in any
case
within one | ||||||
12 | year after the date of the crash accident , but in no event for | ||||||
13 | an
amount less than $1,500 (or $500 if any of the vehicles | ||||||
14 | involved in the crash accident is subject to Section 7-601 but | ||||||
15 | is not covered by a liability insurance policy in accordance | ||||||
16 | with Section 7-601), if, in the judgment of the Administrator | ||||||
17 | the amount
ordered is excessive, or may revoke or rescind its | ||||||
18 | order requiring the
deposit of security in any case within one | ||||||
19 | year after the date of the
crash accident if, in the judgment | ||||||
20 | of the Administrator, the provisions of
Sections 7-202 and | ||||||
21 | 7-203 excuse or exempt the operator or owner from the
| ||||||
22 | requirement of the deposit. In case the security originally | ||||||
23 | ordered has
been deposited the excess of the reduced amount | ||||||
24 | ordered shall be returned
to the depositor or his or her | ||||||
25 | personal representative forthwith, notwithstanding
the |
| |||||||
| |||||||
1 | provisions of Section 7-214. The Secretary of State likewise | ||||||
2 | shall have
authority granted to the Administrator to reduce | ||||||
3 | the amount of security
ordered by the Administrator.
| ||||||
4 | (Source: P.A. 95-754, eff. 1-1-09.)
| ||||||
5 | (625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
| ||||||
6 | Sec. 7-214. Disposition of security. Such security shall | ||||||
7 | be applicable only to the payment of a judgment or
judgments, | ||||||
8 | rendered against the person or persons on whose behalf the
| ||||||
9 | deposit was made, for damages arising out of the crash | ||||||
10 | accident in question, in
an action at law, begun not later than | ||||||
11 | the later of
(i)
the expiration of the relevant statute of | ||||||
12 | limitations
or (ii) 2 years after the
date of any default in | ||||||
13 | any payment under an installment agreement for payment
of | ||||||
14 | damages, and such deposit or any balance thereof shall be | ||||||
15 | returned to the
depositor or his or her personal | ||||||
16 | representative when evidence satisfactory to the
Secretary of | ||||||
17 | State has been filed with him:
| ||||||
18 | 1. that there has been a release from liability, or a | ||||||
19 | final adjudication
of non-liability; or
| ||||||
20 | 2. a duly acknowledged written agreement in accordance | ||||||
21 | with Section
7-208 of this Act; or
| ||||||
22 | 3. whenever after the expiration of the statute of | ||||||
23 | limitations
or (ii) 2 years after the date of
any default | ||||||
24 | in any payment under an installment agreement for payment | ||||||
25 | of
damages, the Secretary of State shall be given |
| |||||||
| |||||||
1 | reasonable evidence that
there is no such action pending | ||||||
2 | and no judgment rendered in such action
left unpaid.
| ||||||
3 | If, after releasing security to a judgment debtor or | ||||||
4 | claimant, the balance of the security posted with the | ||||||
5 | Secretary is $5 or less, the balance shall be transferred to | ||||||
6 | the General Revenue Fund. The
Secretary shall compile a list | ||||||
7 | of all security amounts of $5 or less annually in July and | ||||||
8 | shall certify that amount to the State Comptroller. As soon as | ||||||
9 | possible after receiving the certification, the State | ||||||
10 | Comptroller shall order transferred and the State Treasurer | ||||||
11 | shall transfer the amount certified to the General Revenue | ||||||
12 | Fund. | ||||||
13 | (Source: P.A. 102-52, eff. 1-1-22 .)
| ||||||
14 | (625 ILCS 5/7-216) (from Ch. 95 1/2, par. 7-216)
| ||||||
15 | Sec. 7-216. Reciprocity; residents and nonresidents; | ||||||
16 | licensing of nonresidents. | ||||||
17 | (a) When
a nonresident's operating privilege is suspended
| ||||||
18 | pursuant to Section 7-205 the Secretary of State shall | ||||||
19 | transmit a certified
copy of the record of such action to the | ||||||
20 | official in charge of the issuance
of driver's license and | ||||||
21 | registration certificates in the state in which
such | ||||||
22 | nonresident resides, if the law of such other
state provides | ||||||
23 | for action in relation thereto similar to that provided for
in | ||||||
24 | subsection (b).
| ||||||
25 | (b) Upon receipt of such certification that the operating
|
| |||||||
| |||||||
1 | privilege of a resident of this State has been suspended or | ||||||
2 | revoked in any such other
state pursuant to a law providing for | ||||||
3 | its suspension or revocation for
failure to deposit security | ||||||
4 | for the payment of judgments arising out of a
motor vehicle | ||||||
5 | crash accident , or for failure to deposit security under
| ||||||
6 | circumstances which would require the Secretary of State to | ||||||
7 | suspend a
nonresident's operating privilege had the motor
| ||||||
8 | vehicle crash accident occurred in this State, the Secretary | ||||||
9 | of State shall
suspend the driver's license of such resident | ||||||
10 | and all other registrations.
Such suspension shall continue | ||||||
11 | until such resident
furnishes evidence of compliance with the | ||||||
12 | law of such other state
relating to the deposit of such | ||||||
13 | security.
| ||||||
14 | (c) In case the operator or the owner of a motor vehicle | ||||||
15 | involved
in a motor vehicle crash accident within this State | ||||||
16 | has no driver's
license or registration, such operator shall | ||||||
17 | not be allowed a
driver's license or registration until the | ||||||
18 | operator has complied
with the requirements of Sections 7-201 | ||||||
19 | through 7-216 to the same extent that would be
necessary if, at | ||||||
20 | the time of the motor vehicle crash accident , such operator
| ||||||
21 | had held a license and registration.
| ||||||
22 | (Source: P.A. 100-863, eff. 8-14-18.)
| ||||||
23 | (625 ILCS 5/7-303) (from Ch. 95 1/2, par. 7-303)
| ||||||
24 | Sec. 7-303. Suspension of driver's licenses, registration
| ||||||
25 | certificates, license plates or digital license plates, and |
| |||||||
| |||||||
1 | registration stickers or digital registration stickers for | ||||||
2 | failure to satisfy
judgment. | ||||||
3 | (a) The Secretary of State shall, except as provided in | ||||||
4 | paragraph
(d), suspend the driver's license issued to any
| ||||||
5 | person upon receiving an authenticated report as hereinafter | ||||||
6 | provided for
in Section 7-307 that the
person has failed for a | ||||||
7 | period of 30 days to satisfy any final
judgment in amounts as | ||||||
8 | hereinafter stated, and shall also suspend the
registration | ||||||
9 | certificate, license plates or digital license plates, and | ||||||
10 | registration
sticker or digital registration sticker of the | ||||||
11 | judgment debtor's motor vehicle involved in the crash as | ||||||
12 | indicated in the authenticated report.
| ||||||
13 | (b) The term "judgment" shall mean: A final judgment of | ||||||
14 | any court of
competent jurisdiction of any State, against a | ||||||
15 | person as defendant for
damages on account of bodily injury to | ||||||
16 | or death of any person or damages to
property resulting from | ||||||
17 | the operation, on and after July 12, 1938, of any
motor | ||||||
18 | vehicle.
| ||||||
19 | (c) The term "State" shall mean: Any State, Territory, or | ||||||
20 | possession of
the United States, the District of Columbia, or | ||||||
21 | any province of the
Dominion of Canada.
| ||||||
22 | (d) The Secretary of State shall not suspend the driver's
| ||||||
23 | license, registration certificates, registration stickers or | ||||||
24 | digital registration stickers, or license
plates or digital | ||||||
25 | license plates of the judgment debtor, nor shall such judgment | ||||||
26 | debtor be subject
to the suspension provisions of Sections |
| |||||||
| |||||||
1 | 7-308 and 7-309 if all the following
conditions are met:
| ||||||
2 | 1. At the time of the motor vehicle crash accident | ||||||
3 | which gave
rise to the unsatisfied
judgment the judgment | ||||||
4 | debtor was covered by a motor vehicle liability
policy or | ||||||
5 | bond meeting the requirements of this Chapter;
| ||||||
6 | 2. The insurance company which issued the policy or | ||||||
7 | bond has failed and
has suspended operations by order of a | ||||||
8 | court;
| ||||||
9 | 3. The judgment debtor had no knowledge of the | ||||||
10 | insurance company's
failure prior to the motor vehicle | ||||||
11 | crash accident ;
| ||||||
12 | 4. Within 30 days after learning of the insurance | ||||||
13 | company's failure the
judgment debtor secured another | ||||||
14 | liability policy or bond meeting the
requirements of this | ||||||
15 | Article relating to future occurrences or crashes | ||||||
16 | accidents ;
| ||||||
17 | 5. The insurance company which issued the motor | ||||||
18 | vehicle liability
policy or bond that covered the judgment | ||||||
19 | debtor at the time of the motor
vehicle crash accident is | ||||||
20 | unable to satisfy the judgment in the amounts specified
in | ||||||
21 | Section 7-311;
| ||||||
22 | 6. The judgment debtor presents to the Secretary of | ||||||
23 | State such
certified documents or other proofs as the | ||||||
24 | Secretary of State may require
that all of the conditions | ||||||
25 | set forth in this Section have been met.
| ||||||
26 | (Source: P.A. 101-395, eff. 8-16-19.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/7-309) (from Ch. 95 1/2, par. 7-309)
| ||||||
2 | Sec. 7-309. Suspension to continue until judgments paid | ||||||
3 | and proof given.
| ||||||
4 | (a) The suspension of such driver's license, license | ||||||
5 | plates
and registration stickers shall remain in effect and no | ||||||
6 | other vehicle shall
be registered in the name of such judgment | ||||||
7 | debtor, nor any new license issued
to such person (including | ||||||
8 | any such person not previously licensed), unless
and until the | ||||||
9 | Secretary of State receives authenticated documentation that
| ||||||
10 | such judgment is satisfied, or dormant as provided for in | ||||||
11 | Section 12-108 of
the Code of Civil Procedure, as now or | ||||||
12 | hereafter amended, or stayed by
court order, and the judgment | ||||||
13 | debtor gives proof of financial
responsibility, as hereinafter | ||||||
14 | provided. The Secretary of State may
terminate the suspension | ||||||
15 | of such person's driver's license,
license plates
and | ||||||
16 | registration stickers and no proof of financial responsibility | ||||||
17 | shall be
required on any existing suspensions under this | ||||||
18 | Article which are more than 20
years old.
| ||||||
19 | (b) Whenever, after one judgment is satisfied and proof of | ||||||
20 | financial
responsibility is given as herein required, another | ||||||
21 | such judgment is
rendered against the judgment debtor for any | ||||||
22 | motor vehicle crash accident
occurring prior to the date of | ||||||
23 | the giving of said proof and such person
fails to satisfy the | ||||||
24 | latter judgment within the amounts specified herein
within 30 | ||||||
25 | days after the same becomes final, then the Secretary of State
|
| |||||||
| |||||||
1 | shall again suspend the driver's license of such judgment | ||||||
2 | debtor and shall
again suspend the registration of any vehicle | ||||||
3 | registered in the name of
such judgment debtor as owner. Such | ||||||
4 | driver's license and registration
shall not be renewed nor | ||||||
5 | shall a driver's license and registration of any
vehicle be | ||||||
6 | issued to such judgment debtor while such latter judgment
| ||||||
7 | remains in effect and unsatisfied within the amount specified | ||||||
8 | herein.
| ||||||
9 | (Source: P.A. 90-655, eff. 7-30-98.)
| ||||||
10 | (625 ILCS 5/7-310) (from Ch. 95 1/2, par. 7-310)
| ||||||
11 | Sec. 7-310. Petition for discharge filed in bankruptcy. A
| ||||||
12 | petition for discharge filed in bankruptcy following the | ||||||
13 | rendering of any judgment shall
relieve the judgment debtor | ||||||
14 | from the requirements of this Chapter 7, except that the | ||||||
15 | judgment debtor's drivers license shall remain suspended and | ||||||
16 | may not be renewed, and the judgment debtor may not be issued a | ||||||
17 | license or registration, until the judgment debtor gives proof | ||||||
18 | of his or her financial responsibility in the future, as | ||||||
19 | provided in Section 1-164.5. The proof is to be maintained by | ||||||
20 | the judgment debtor, in a manner satisfactory to the Secretary | ||||||
21 | of State, for a period of 3 years after the date on which the | ||||||
22 | proof is first filed.
| ||||||
23 | A petition for discharge filed in bankruptcy of the owner
| ||||||
24 | or lessee of a commercial vehicle by whom the judgment debtor | ||||||
25 | is employed
at the time of the motor vehicle crash accident |
| |||||||
| |||||||
1 | that gives rise to the
judgment
also shall relieve the | ||||||
2 | judgment debtor so employed from any of the
requirements of | ||||||
3 | this Chapter 7 if the discharge of the owner or lessee
follows | ||||||
4 | the rendering of the judgment and if the judgment debtor
so | ||||||
5 | employed
was operating the commercial vehicle in connection | ||||||
6 | with his or her
regular employment or occupation at the time of | ||||||
7 | the crash accident .
This amendatory
act of 1985 applies to all | ||||||
8 | cases irrespective of whether the crash accident
giving rise | ||||||
9 | to the suspension of license or registration occurred before,
| ||||||
10 | on, or after its effective date.
| ||||||
11 | (Source: P.A. 93-982, eff. 1-1-05.)
| ||||||
12 | (625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
| ||||||
13 | Sec. 7-311. Payments sufficient to satisfy requirements. | ||||||
14 | (a) Judgments herein referred to arising out of motor | ||||||
15 | vehicle crashes accidents
occurring on or after January 1, | ||||||
16 | 2015 (the effective date of Public Act 98-519) shall for the | ||||||
17 | purpose of this
Chapter be deemed satisfied:
| ||||||
18 | 1. when $25,000 has been credited upon any judgment or | ||||||
19 | judgments
rendered in excess of that amount for bodily | ||||||
20 | injury to or the death of
one person as the result of any | ||||||
21 | one motor vehicle crash accident ; or
| ||||||
22 | 2. when, subject to said limit of $25,000 as to any one | ||||||
23 | person, the sum
of $50,000 has been credited upon any | ||||||
24 | judgment or judgments rendered
in excess of that amount | ||||||
25 | for bodily injury to or the death of more than
one person |
| |||||||
| |||||||
1 | as the result of any one motor vehicle crash accident ; or
| ||||||
2 | 3. when $20,000 has been credited upon any judgment or | ||||||
3 | judgments,
rendered in excess of that amount for damages | ||||||
4 | to property of others as a
result of any one motor vehicle | ||||||
5 | crash accident .
| ||||||
6 | The changes to this subsection made by Public Act 98-519 | ||||||
7 | apply only to policies issued or renewed on or after January 1, | ||||||
8 | 2015. | ||||||
9 | (b) Credit for such amounts shall be deemed a satisfaction | ||||||
10 | of any such
judgment or judgments in excess of said amounts | ||||||
11 | only for the purposes of
this Chapter.
| ||||||
12 | (c) Whenever payment has been made in settlement of any | ||||||
13 | claim for bodily
injury, death, or property damage arising | ||||||
14 | from a motor vehicle crash accident
resulting in injury, | ||||||
15 | death, or property damage to two or more persons in
such crash | ||||||
16 | accident , any such payment shall be credited in reduction of | ||||||
17 | the
amounts provided for in this Section.
| ||||||
18 | (Source: P.A. 99-78, eff. 7-20-15; 100-201, eff. 8-18-17.)
| ||||||
19 | (625 ILCS 5/7-316) (from Ch. 95 1/2, par. 7-316)
| ||||||
20 | Sec. 7-316.
Certificate furnished by nonresident
as proof. | ||||||
21 | Any nonresident owner of a motor vehicle
not registered in | ||||||
22 | this State may give proof of financial responsibility
by | ||||||
23 | filing with the Secretary of State a certificate or | ||||||
24 | certificates of an
insurance carrier authorized to transact | ||||||
25 | business in the state or province
of the Dominion of Canada in
|
| |||||||
| |||||||
1 | which the motor vehicle or motor vehicles described in such | ||||||
2 | certificate
are registered, or if such nonresident does
not | ||||||
3 | own a motor vehicle then in the state or province of the | ||||||
4 | Dominion of
Canada in which the insured resides, and otherwise | ||||||
5 | conforming to the provisions
of this Code, and the Secretary | ||||||
6 | of State shall accept the same
if such carrier shall:
| ||||||
7 | 1. Execute a power of attorney authorizing the Secretary | ||||||
8 | of State to accept
service on its behalf of notice of process | ||||||
9 | in any action arising out
of a motor vehicle crash accident in | ||||||
10 | this State;
| ||||||
11 | 2. Duly adopt a resolution which shall be binding upon it | ||||||
12 | declaring that
its policies shall be deemed to be varied to | ||||||
13 | comply with the laws of this
State relating to the terms of | ||||||
14 | motor vehicle liability policies as required
by Section 7-317; | ||||||
15 | and
| ||||||
16 | 3. Agree to accept as final and binding any final judgment | ||||||
17 | duly rendered
in any action arising out of a motor vehicle | ||||||
18 | crash accident in any court of
competent jurisdiction in this | ||||||
19 | State.
| ||||||
20 | (Source: P.A. 83-831.)
| ||||||
21 | (625 ILCS 5/7-317) (from Ch. 95 1/2, par. 7-317)
| ||||||
22 | Sec. 7-317. "Motor vehicle liability policy" defined. | ||||||
23 | (a)
Certification. -A "motor vehicle liability policy", as | ||||||
24 | that term is
used in this Act, means an "owner's policy" or an | ||||||
25 | "operator's policy" of
liability insurance, certified as |
| |||||||
| |||||||
1 | provided in Section 7-315 or Section
7-316 as proof of | ||||||
2 | financial responsibility for the future, and issued,
except as | ||||||
3 | otherwise provided in Section 7-316, by an insurance carrier
| ||||||
4 | duly authorized to transact business in this State, to or for | ||||||
5 | the
benefit of the person named therein as insured.
| ||||||
6 | (b) Owner's Policy. --Such owner's policy of liability | ||||||
7 | insurance:
| ||||||
8 | 1. Shall designate by explicit description or by | ||||||
9 | appropriate
reference, all motor vehicles with respect to | ||||||
10 | which coverage is thereby
intended to be granted;
| ||||||
11 | 2. Shall insure the person named therein and any other | ||||||
12 | person using
or responsible for the use of such motor | ||||||
13 | vehicle or vehicles with the
express or implied permission | ||||||
14 | of the insured;
| ||||||
15 | 3. Shall insure every named insured and any other | ||||||
16 | person using or
responsible for the use of any motor | ||||||
17 | vehicle owned by the named insured
and used by such other | ||||||
18 | person with the express or implied permission of
the named | ||||||
19 | insured on account of the maintenance, use or operation of | ||||||
20 | any
motor vehicle owned by the named insured, within the | ||||||
21 | continental limits
of the United States or the Dominion of | ||||||
22 | Canada against loss from
liability imposed by law arising | ||||||
23 | from such maintenance, use or
operation, to the extent and | ||||||
24 | aggregate amount, exclusive of interest and
cost, with | ||||||
25 | respect to each motor vehicle, of $25,000 for bodily | ||||||
26 | injury
to or death of one person as a result of any one |
| |||||||
| |||||||
1 | crash accident and, subject
to such limit as to one | ||||||
2 | person, the amount of $50,000 for bodily injury
to or | ||||||
3 | death of all persons as a result of any one crash accident | ||||||
4 | and the
amount of $20,000 for damage to property of others | ||||||
5 | as a result of any
one crash accident . The changes to this | ||||||
6 | paragraph made by this amendatory Act of the 98th General | ||||||
7 | Assembly apply only to policies issued or renewed on or | ||||||
8 | after January 1, 2015.
| ||||||
9 | (c) Operator's Policy. --When an operator's policy is | ||||||
10 | required, it
shall insure the person named therein as insured | ||||||
11 | against the liability
imposed by law upon the insured for | ||||||
12 | bodily injury to or death of any
person or damage to property | ||||||
13 | to the amounts and limits above set forth
and growing out of | ||||||
14 | the use or operation by the insured within the
continental | ||||||
15 | limits of the United States or the Dominion of Canada of any
| ||||||
16 | motor vehicle not owned by him.
| ||||||
17 | (d) Required Statements in Policies. --Every motor vehicle | ||||||
18 | liability
policy must specify the name and address of the | ||||||
19 | insured, the coverage
afforded by the policy, the premium | ||||||
20 | charged therefor, the policy period,
and the limits of | ||||||
21 | liability, and shall contain an agreement that the
insurance | ||||||
22 | thereunder is provided in accordance with the coverage defined
| ||||||
23 | in this Act, as respects bodily injury and death or property | ||||||
24 | damage or
both, and is subject to all the provisions of this | ||||||
25 | Act.
| ||||||
26 | (e) Policy Need Not Insure Workers' Compensation. --Any |
| |||||||
| |||||||
1 | liability
policy or policies issued hereunder need not cover | ||||||
2 | any liability of the
insured assumed by or imposed upon the | ||||||
3 | insured under any workers'
compensation law nor any liability | ||||||
4 | for damage to property in charge of
the insured or the | ||||||
5 | insured's employees.
| ||||||
6 | (f) Provisions Incorporated in Policy. --Every motor | ||||||
7 | vehicle
liability policy is subject to the following | ||||||
8 | provisions which need not
be contained therein:
| ||||||
9 | 1. The liability of the insurance carrier under any | ||||||
10 | such policy
shall become absolute whenever loss or damage | ||||||
11 | covered by the policy
occurs and the satisfaction by the | ||||||
12 | insured of a final judgment for such
loss or damage shall | ||||||
13 | not be a condition precedent to the right or
obligation of | ||||||
14 | the carrier to make payment on account of such loss or
| ||||||
15 | damage.
| ||||||
16 | 2. No such policy may be cancelled or annulled as | ||||||
17 | respects any loss
or damage, by any agreement between the | ||||||
18 | carrier and the insured after
the insured has become | ||||||
19 | responsible for such loss or damage, and any such
| ||||||
20 | cancellation or annulment shall be void.
| ||||||
21 | 3. The insurance carrier shall, however, have the | ||||||
22 | right to settle
any claim covered by the policy, and if | ||||||
23 | such settlement is made in good
faith, the amount thereof | ||||||
24 | shall be deductible from the limits of
liability specified | ||||||
25 | in the policy.
| ||||||
26 | 4. The policy, the written application therefor, if |
| |||||||
| |||||||
1 | any, and any
rider or endorsement which shall not conflict | ||||||
2 | with the provisions of
this Act shall constitute the | ||||||
3 | entire contract between the parties.
| ||||||
4 | (g) Excess or Additional Coverage. --Any motor vehicle | ||||||
5 | liability
policy may, however, grant any lawful coverage in | ||||||
6 | excess of or in
addition to the coverage herein specified or | ||||||
7 | contain any agreements,
provisions, or stipulations not in | ||||||
8 | conflict with the provisions of this
Act and not otherwise | ||||||
9 | contrary to law.
| ||||||
10 | (h) Reimbursement Provision Permitted. --The policy may | ||||||
11 | provide that
the insured, or any other person covered by the | ||||||
12 | policy shall reimburse
the insurance carrier for payment made | ||||||
13 | on account of any loss or damage
claim or suit involving a | ||||||
14 | breach of the terms, provisions or conditions
of the policy; | ||||||
15 | and further, if the policy shall provide for limits in
excess | ||||||
16 | of the limits specified in this Act, the insurance carrier may
| ||||||
17 | plead against any plaintiff, with respect to the amount of | ||||||
18 | such excess
limits of liability, any defense which it may be | ||||||
19 | entitled to plead
against the insured.
| ||||||
20 | (i) Proration of Insurance Permitted. --The policy may | ||||||
21 | provide for
the pro-rating of the insurance thereunder with | ||||||
22 | other applicable valid
and collectible insurance.
| ||||||
23 | (j) Binders. --Any binder pending the issuance of any | ||||||
24 | policy, which
binder contains or by reference includes the | ||||||
25 | provisions hereunder shall
be sufficient proof of ability to | ||||||
26 | respond in damages.
|
| |||||||
| |||||||
1 | (k) Copy of Policy to Be Filed with Department of
| ||||||
2 | Insurance--Approval. --A copy of the form of every motor | ||||||
3 | vehicle
liability policy which is to be used to meet the | ||||||
4 | requirements of this
Act must be filed, by the company | ||||||
5 | offering such policy, with the
Department of Insurance, which | ||||||
6 | shall approve or disapprove the policy
within 30 days of its | ||||||
7 | filing. If the Department approves the policy in
writing | ||||||
8 | within such 30 day period or fails to take action for 30 days,
| ||||||
9 | the form of policy shall be deemed approved as filed. If within | ||||||
10 | the 30
days the Department disapproves the form of policy | ||||||
11 | filed upon the ground
that it does not comply with the | ||||||
12 | requirements of this Act, the
Department shall give written | ||||||
13 | notice of its decision and its reasons
therefor to the carrier | ||||||
14 | and the policy shall not be accepted as proof of
financial | ||||||
15 | responsibility under this Act.
| ||||||
16 | (l) Insurance Carrier Required to File Certificate. --An | ||||||
17 | insurance
carrier who has issued a motor vehicle liability | ||||||
18 | policy or policies or
an operator's policy meeting the | ||||||
19 | requirements of this Act shall, upon
the request of the | ||||||
20 | insured therein, deliver to the insured for filing,
or at the | ||||||
21 | request of the insured, shall file direct, with the Secretary
| ||||||
22 | of State a certificate, as required by this Act, which shows | ||||||
23 | that such
policy or policies have been issued. No insurance | ||||||
24 | carrier may require
the payment of any extra fee or surcharge, | ||||||
25 | in addition to the insurance
premium, for the execution, | ||||||
26 | delivery or filing of such certificate.
|
| |||||||
| |||||||
1 | (m) Proof When Made By Endorsement. --Any motor vehicle | ||||||
2 | liability
policy which by endorsement contains the provisions | ||||||
3 | required hereunder
shall be sufficient proof of ability to | ||||||
4 | respond in damages.
| ||||||
5 | (Source: P.A. 98-519, eff. 1-1-15 .)
| ||||||
6 | (625 ILCS 5/7-328) (from Ch. 95 1/2, par. 7-328)
| ||||||
7 | Sec. 7-328. Duration of proof - When proof may be canceled | ||||||
8 | or returned.
The Secretary of State shall upon request cancel | ||||||
9 | any bond or return any
certificate of insurance, or the | ||||||
10 | Secretary of State shall direct and the
State Treasurer shall | ||||||
11 | return to the person entitled thereto any money or
securities, | ||||||
12 | deposited pursuant to this Chapter as proof of financial
| ||||||
13 | responsibility or waive the requirements of filing proof of | ||||||
14 | financial
responsibility in any of the following events:
| ||||||
15 | 1. In the event of the death of the person on whose behalf | ||||||
16 | such proof
was filed, or the permanent incapacity of such | ||||||
17 | person to operate a motor
vehicle;
| ||||||
18 | 2. In the event the person who has given proof of financial
| ||||||
19 | responsibility surrenders such person's driver's
license, | ||||||
20 | registration
certificates, license plates and registration | ||||||
21 | stickers, but the Secretary
of State shall not release such | ||||||
22 | proof in the event any action for damages
upon a liability | ||||||
23 | referred to in this Article is then pending
or any judgment | ||||||
24 | upon any such liability is then outstanding and unsatisfied
or | ||||||
25 | in the event the Secretary of State has received notice that |
| |||||||
| |||||||
1 | such person
has, within the period of 3 months immediately | ||||||
2 | preceding,
been involved as a driver in any motor vehicle | ||||||
3 | crash accident . An affidavit of
the applicant of the | ||||||
4 | nonexistence of such facts shall
be sufficient evidence | ||||||
5 | thereof in the absence of evidence to the contrary
in the | ||||||
6 | records of the Secretary of State. Any person who has
not | ||||||
7 | completed the required 3 year period of proof of financial
| ||||||
8 | responsibility pursuant to Section 7-304, and to whom proof
| ||||||
9 | has been surrendered as provided in this paragraph applies for | ||||||
10 | a driver's
license or the
registration of a motor vehicle | ||||||
11 | shall have the application denied
unless the applicant | ||||||
12 | re-establishes
such proof for the remainder of such period.
| ||||||
13 | 3. In the event that proof of financial responsibility has | ||||||
14 | been
deposited voluntarily, at any time upon request of the | ||||||
15 | person entitled
thereto, provided that the person on whose | ||||||
16 | behalf such proof was given has
not, during the period between | ||||||
17 | the date of the original deposit thereof and
the date of such | ||||||
18 | request, been convicted of any offense for which
revocation is | ||||||
19 | mandatory as provided in Section 6-205; provided, further,
| ||||||
20 | that no action for damages is pending against such person on | ||||||
21 | whose behalf
such proof of financial responsibility was | ||||||
22 | furnished and no judgment
against such person is outstanding | ||||||
23 | and unsatisfied in respect to bodily
injury, or in respect to | ||||||
24 | damage to property resulting from the ownership,
maintenance, | ||||||
25 | use or operation hereafter of a motor vehicle. An affidavit
of | ||||||
26 | the applicant under this Section shall be sufficient evidence |
| |||||||
| |||||||
1 | of the facts
in the absence of evidence to the contrary in the | ||||||
2 | records of the Secretary
of State.
| ||||||
3 | (Source: P.A. 85-321.)
| ||||||
4 | (625 ILCS 5/7-329) (from Ch. 95 1/2, par. 7-329)
| ||||||
5 | Sec. 7-329. Proof of financial responsibility made | ||||||
6 | voluntarily.
1. Proof of financial responsibility may be | ||||||
7 | voluntarily by or on behalf
of any person. The privilege of | ||||||
8 | operation of any motor vehicle within this
State by such | ||||||
9 | person shall not be suspended or withdrawn under the
| ||||||
10 | provisions of this Article if such proof of financial | ||||||
11 | responsibility
has been voluntarily filed or deposited prior | ||||||
12 | to the offense or crash accident
out of which any conviction, | ||||||
13 | judgment, or order arises and if such proof, at the
date of | ||||||
14 | such conviction, judgment, or order, is valid and sufficient | ||||||
15 | for
the requirements of this Code.
| ||||||
16 | 2. If the Secretary of State receives record of any | ||||||
17 | conviction or
judgment against such person which, in the | ||||||
18 | absence of such proof of
financial responsibility would have | ||||||
19 | caused the suspension of the driver's
license of such person, | ||||||
20 | the Secretary of State shall forthwith
notify the insurer or | ||||||
21 | surety of such person of the conviction or judgment so | ||||||
22 | reported.
| ||||||
23 | (Source: P.A. 83-831.)
| ||||||
24 | (625 ILCS 5/7-502) (from Ch. 95 1/2, par. 7-502)
|
| |||||||
| |||||||
1 | Sec. 7-502. Self-insurers. Any person in whose name more | ||||||
2 | than 25 motor vehicles are registered may
qualify as a | ||||||
3 | self-insurer by obtaining a certificate of self-insurance
| ||||||
4 | issued by the Director of the Department of Insurance as | ||||||
5 | provided in this Section.
| ||||||
6 | The Director may, in his discretion, upon the application | ||||||
7 | of
such a person, issue a certificate of self-insurance when | ||||||
8 | he is satisfied
that such person is possessed and will | ||||||
9 | continue to be possessed of ability
to pay judgment obtained | ||||||
10 | against such person.
| ||||||
11 | Upon not less than 5 days' notice, and a hearing pursuant | ||||||
12 | to such
notice, the Director may upon reasonable grounds | ||||||
13 | cancel a
certificate of self-insurance. Failure to pay any | ||||||
14 | judgment against any
person covered by such certificate of | ||||||
15 | self-insurance and arising out of any
crash accident in which | ||||||
16 | a motor vehicle covered by such certificate of
self-insurance | ||||||
17 | has been involved within 30 days after such judgment shall
| ||||||
18 | have become final shall constitute a reasonable ground for the | ||||||
19 | cancellation
of a certificate of self-insurance.
| ||||||
20 | (Source: P.A. 82-138.)
| ||||||
21 | (625 ILCS 5/7-504)
| ||||||
22 | Sec. 7-504. Emergency telephone system outages; | ||||||
23 | reimbursement. Any person
who negligently causes a motor | ||||||
24 | vehicle crash accident that causes an emergency
telephone | ||||||
25 | system outage must reimburse the public safety agency that |
| |||||||
| |||||||
1 | provides
personnel to answer calls or to maintain or operate | ||||||
2 | an emergency telephone
system during the outage for the | ||||||
3 | agency's costs associated with answering calls
or maintaining | ||||||
4 | or operating the system during the outage. For the purposes of
| ||||||
5 | this Section, "public safety agency" means the same as in | ||||||
6 | Section 2.02 of the
Emergency Telephone System Act.
| ||||||
7 | (Source: P.A. 92-149, eff. 1-1-02.)
| ||||||
8 | (625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
| ||||||
9 | Sec. 7-604. Verification of liability insurance policy.
| ||||||
10 | (a) The Secretary of State may select random samples
of | ||||||
11 | registrations of motor vehicles subject to Section 7-601 of | ||||||
12 | this Code,
or owners thereof, for the purpose of verifying | ||||||
13 | whether or not the motor
vehicles are insured.
| ||||||
14 | In addition to such general random samples of motor | ||||||
15 | vehicle
registrations, the Secretary may select for
| ||||||
16 | verification other random samples, including, but not limited | ||||||
17 | to
registrations of motor vehicles owned by persons:
| ||||||
18 | (1) whose motor vehicle registrations during the | ||||||
19 | preceding 4 years have
been suspended pursuant to Section | ||||||
20 | 7-606 or 7-607 of this Code;
| ||||||
21 | (2) who during the preceding 4 years have been | ||||||
22 | convicted of violating
Section 3-707, 3-708, or 3-710 of | ||||||
23 | this Code while operating vehicles
owned by other persons;
| ||||||
24 | (3) whose driving privileges have been suspended | ||||||
25 | during the preceding 4
years;
|
| |||||||
| |||||||
1 | (4) who during the preceding 4 years acquired | ||||||
2 | ownership of motor
vehicles while the registrations of | ||||||
3 | such vehicles under the previous owners
were suspended | ||||||
4 | pursuant to Section 7-606 or 7-607 of this Code; or
| ||||||
5 | (5) who during the preceding 4 years have received a | ||||||
6 | disposition of
supervision under subsection (c) of Section | ||||||
7 | 5-6-1 of the Unified Code of
Corrections for a violation | ||||||
8 | of Section 3-707, 3-708, or 3-710 of this Code.
| ||||||
9 | (b) Upon receiving certification from the Department of | ||||||
10 | Transportation
under Section 7-201.2 of this Code of the name | ||||||
11 | of an owner or operator of any
motor vehicle involved in a | ||||||
12 | crash an accident , the Secretary may verify whether or
not at | ||||||
13 | the time of the crash accident such motor vehicle was covered | ||||||
14 | by a
liability insurance policy in accordance with Section | ||||||
15 | 7-601 of this Code.
| ||||||
16 | (c) In preparation for selection of random samples and | ||||||
17 | their
verification, the Secretary may send to owners of | ||||||
18 | randomly selected motor
vehicles, or to randomly selected | ||||||
19 | motor vehicle owners, requests for
information about their | ||||||
20 | motor vehicles and liability
insurance coverage electronically | ||||||
21 | or, if electronic means are unavailable, via U.S. mail. The | ||||||
22 | request shall require the owner to state whether
or not the | ||||||
23 | motor vehicle was insured on the verification date stated in | ||||||
24 | the
Secretary's request and the request may require, but is | ||||||
25 | not limited to,
a statement by the owner of the names and | ||||||
26 | addresses of insurers, policy
numbers, and expiration dates of |
| |||||||
| |||||||
1 | insurance coverage.
| ||||||
2 | (d) Within 30 days after the Secretary sends a request | ||||||
3 | under subsection (c) of this Section, the owner to
whom it is | ||||||
4 | sent shall furnish the requested information to the Secretary
| ||||||
5 | above the owner's signed affirmation that such information is | ||||||
6 | true and
correct. Proof of insurance in effect on the | ||||||
7 | verification date, as
prescribed by the Secretary, may be | ||||||
8 | considered by the Secretary to be a
satisfactory response to | ||||||
9 | the request for information.
| ||||||
10 | Any owner whose response indicates that his or her vehicle | ||||||
11 | was
not covered by a liability insurance policy in accordance | ||||||
12 | with
Section 7-601 of this Code shall be deemed to have | ||||||
13 | registered or maintained
registration of a motor vehicle in | ||||||
14 | violation of that Section. Any owner who
fails to respond to | ||||||
15 | such a request shall be deemed to have registered or
| ||||||
16 | maintained registration of a motor vehicle in violation of | ||||||
17 | Section
7-601 of this Code.
| ||||||
18 | (e) If the owner responds to the request for information | ||||||
19 | by asserting
that his or her vehicle was covered by a liability | ||||||
20 | insurance policy on the
verification date stated in the | ||||||
21 | Secretary's request, the Secretary may
conduct a verification | ||||||
22 | of the response by furnishing necessary information
to the | ||||||
23 | insurer named in the response. The insurer shall within
45 | ||||||
24 | days
inform the Secretary whether or not on the verification | ||||||
25 | date stated the
motor vehicle was insured by the insurer in | ||||||
26 | accordance with Section 7-601
of this Code. The Secretary may |
| |||||||
| |||||||
1 | by rule and regulation prescribe the
procedures for | ||||||
2 | verification.
| ||||||
3 | (f) No random sample selected under this Section shall be | ||||||
4 | categorized on
the basis of race, color, religion, sex, | ||||||
5 | national origin, ancestry, age,
marital status, physical or | ||||||
6 | mental disability, economic status,
or geography.
| ||||||
7 | (g) (Blank). | ||||||
8 | (h) This Section shall be inoperative upon the effective | ||||||
9 | date of the rules adopted by the Secretary to implement | ||||||
10 | Section 7-603.5 of this Code. | ||||||
11 | (Source: P.A. 99-333, eff. 12-30-15 (see Section 15 of P.A. | ||||||
12 | 99-483 for the effective date of changes made by P.A. 99-333); | ||||||
13 | 99-737, eff. 8-5-16; 100-145, eff. 1-1-18; 100-373, eff. | ||||||
14 | 1-1-18; 100-863, eff. 8-14-18.)
| ||||||
15 | (625 ILCS 5/9-105) (from Ch. 95 1/2, par. 9-105)
| ||||||
16 | Sec. 9-105. Insurance policy as proof - requirements. A | ||||||
17 | motor vehicle liability policy in a solvent and responsible | ||||||
18 | company,
authorized to do business in the State of Illinois, | ||||||
19 | providing that the
insurance carrier will pay any judgment | ||||||
20 | within 30 days after it becomes
final, recovered against the | ||||||
21 | customer or against any person operating the
motor vehicle | ||||||
22 | with the customer's express or implied consent, for damage to
| ||||||
23 | property other than to the rented motor vehicles, or for an | ||||||
24 | injury to or
for the death of any person, including an occupant | ||||||
25 | of the rented motor
vehicle, resulting from the operation of |
| |||||||
| |||||||
1 | the motor vehicle shall serve as
proof of financial | ||||||
2 | responsibility; provided
however, every such policy provides | ||||||
3 | insurance insuring the operator of the
rented motor vehicle | ||||||
4 | against liability upon such insured to a minimum
amount of | ||||||
5 | $50,000 because of bodily injury to, or death of any
one person | ||||||
6 | or damage to
property and $100,000 because of bodily
injury to | ||||||
7 | or death of 2 or more persons in any one
motor vehicle crash | ||||||
8 | accident .
| ||||||
9 | (Source: P.A. 86-880.)
| ||||||
10 | (625 ILCS 5/10-201) (from Ch. 95 1/2, par. 10-201)
| ||||||
11 | Sec. 10-201. Liability for bodily injury to or death of | ||||||
12 | guest.
| ||||||
13 | No person riding in or upon a motor vehicle or motorcycle | ||||||
14 | as a guest
without payment for such ride and who has solicited | ||||||
15 | such ride in violation
of Subsection (a) of Section 11-1006 of | ||||||
16 | this Act, nor his personal
representative in the event of the | ||||||
17 | death of such guest, shall have a cause
of action for damages | ||||||
18 | against the driver or operator of such motor vehicle
or | ||||||
19 | motorcycle, or its owner or his employee or agent for injury, | ||||||
20 | death or
loss, in case of a crash accident , unless such crash | ||||||
21 | accident has been caused by the
willful and wanton misconduct | ||||||
22 | of the driver or operator of such motor
vehicle or motorcycle | ||||||
23 | or its owner or his employee or agent and unless such
willful | ||||||
24 | and wanton misconduct contributed to the injury, death or loss | ||||||
25 | for
which the action is brought.
|
| |||||||
| |||||||
1 | Nothing contained in this section relieves a motor vehicle | ||||||
2 | or motorcycle
carrier of passengers for hire of responsibility | ||||||
3 | for injury or death
sustained by any passenger for hire.
| ||||||
4 | This amendatory Act of 1971 shall apply only to causes of | ||||||
5 | action arising
from crashes accidents occurring after its | ||||||
6 | effective date.
| ||||||
7 | (Source: P.A. 77-1482.)
| ||||||
8 | (625 ILCS 5/11-208.6)
| ||||||
9 | Sec. 11-208.6. Automated traffic law enforcement system.
| ||||||
10 | (a) As used in this Section, "automated traffic law | ||||||
11 | enforcement
system" means a device with one or more motor | ||||||
12 | vehicle sensors working
in conjunction with a red light signal | ||||||
13 | to produce recorded images of
motor vehicles entering an | ||||||
14 | intersection against a red signal
indication in violation of | ||||||
15 | Section 11-306 of this Code or a similar provision
of a local | ||||||
16 | ordinance.
| ||||||
17 | An
automated traffic law enforcement system is a system, | ||||||
18 | in a municipality or
county operated by a
governmental agency, | ||||||
19 | that
produces a recorded image of a motor vehicle's
violation | ||||||
20 | of a provision of this Code or a local ordinance
and is | ||||||
21 | designed to obtain a clear recorded image of the
vehicle and | ||||||
22 | the vehicle's license plate. The recorded image must also
| ||||||
23 | display the time, date, and location of the violation.
| ||||||
24 | (b) As used in this Section, "recorded images" means | ||||||
25 | images
recorded by an automated traffic law enforcement system |
| |||||||
| |||||||
1 | on:
| ||||||
2 | (1) 2 or more photographs;
| ||||||
3 | (2) 2 or more microphotographs;
| ||||||
4 | (3) 2 or more electronic images; or
| ||||||
5 | (4) a video recording showing the motor vehicle and, | ||||||
6 | on at
least one image or portion of the recording, clearly | ||||||
7 | identifying the
registration plate or digital registration | ||||||
8 | plate number of the motor vehicle.
| ||||||
9 | (b-5) A municipality or
county that
produces a recorded | ||||||
10 | image of a motor vehicle's
violation of a provision of this | ||||||
11 | Code or a local ordinance must make the recorded images of a | ||||||
12 | violation accessible to the alleged violator by providing the | ||||||
13 | alleged violator with a website address, accessible through | ||||||
14 | the Internet. | ||||||
15 | (c) Except as provided under Section 11-208.8 of this | ||||||
16 | Code, a county or municipality, including a home rule county | ||||||
17 | or municipality, may not use an automated traffic law | ||||||
18 | enforcement system to provide recorded images of a motor | ||||||
19 | vehicle for the purpose of recording its speed. Except as | ||||||
20 | provided under Section 11-208.8 of this Code, the regulation | ||||||
21 | of the use of automated traffic law enforcement systems to | ||||||
22 | record vehicle speeds is an exclusive power and function of | ||||||
23 | the State. This subsection (c) is a denial and limitation of | ||||||
24 | home rule powers and functions under subsection (h) of Section | ||||||
25 | 6 of Article VII of the Illinois Constitution.
| ||||||
26 | (c-5) A county or municipality, including a home rule |
| |||||||
| |||||||
1 | county or municipality, may not use an automated traffic law | ||||||
2 | enforcement system to issue violations in instances where the | ||||||
3 | motor vehicle comes to a complete stop and does not enter the | ||||||
4 | intersection, as defined by Section 1-132 of this Code, during | ||||||
5 | the cycle of the red signal indication unless one or more | ||||||
6 | pedestrians or bicyclists are present, even if the motor | ||||||
7 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
8 | driver is required to stop, as specified in subsection (c) of | ||||||
9 | Section 11-306 of this Code or a similar provision of a local | ||||||
10 | ordinance. | ||||||
11 | (c-6) A county, or a municipality with less than 2,000,000 | ||||||
12 | inhabitants, including a home rule county or municipality, may | ||||||
13 | not use an automated traffic law enforcement system to issue | ||||||
14 | violations in instances where a motorcyclist enters an | ||||||
15 | intersection against a red signal
indication when the red | ||||||
16 | signal fails to change to a green signal within a reasonable | ||||||
17 | period of time not less than 120 seconds because of a signal | ||||||
18 | malfunction or because the signal has failed to detect the | ||||||
19 | arrival of the motorcycle due to the motorcycle's size or | ||||||
20 | weight. | ||||||
21 | (d) For each violation of a provision of this Code or a | ||||||
22 | local ordinance
recorded by an automatic
traffic law | ||||||
23 | enforcement system, the county or municipality having
| ||||||
24 | jurisdiction shall issue a written notice of the
violation to | ||||||
25 | the registered owner of the vehicle as the alleged
violator. | ||||||
26 | The notice shall be delivered to the registered
owner of the |
| |||||||
| |||||||
1 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
2 | notifies the municipality or county of the identity of the | ||||||
3 | owner of the vehicle, but in no event later than 90 days after | ||||||
4 | the violation.
| ||||||
5 | The notice shall include:
| ||||||
6 | (1) the name and address of the registered owner of | ||||||
7 | the
vehicle;
| ||||||
8 | (2) the registration number of the motor vehicle
| ||||||
9 | involved in the violation;
| ||||||
10 | (3) the violation charged;
| ||||||
11 | (4) the location where the violation occurred;
| ||||||
12 | (5) the date and time of the violation;
| ||||||
13 | (6) a copy of the recorded images;
| ||||||
14 | (7) the amount of the civil penalty imposed and the | ||||||
15 | requirements of any traffic education program imposed and | ||||||
16 | the date
by which the civil penalty should be paid and the | ||||||
17 | traffic education program should be completed;
| ||||||
18 | (8) a statement that recorded images are evidence of a
| ||||||
19 | violation of a red light signal;
| ||||||
20 | (9) a warning that failure to pay the civil penalty, | ||||||
21 | to complete a required traffic education program, or to
| ||||||
22 | contest liability in a timely manner is an admission of
| ||||||
23 | liability;
| ||||||
24 | (10) a statement that the person may elect to proceed | ||||||
25 | by:
| ||||||
26 | (A) paying the fine, completing a required traffic |
| |||||||
| |||||||
1 | education program, or both; or
| ||||||
2 | (B) challenging the charge in court, by mail, or | ||||||
3 | by administrative hearing; and
| ||||||
4 | (11) a website address, accessible through the | ||||||
5 | Internet, where the person may view the recorded images of | ||||||
6 | the violation. | ||||||
7 | (e) (Blank).
| ||||||
8 | (f) Based on inspection of recorded images produced by an
| ||||||
9 | automated traffic law enforcement system, a notice alleging | ||||||
10 | that the violation occurred shall be evidence of the facts | ||||||
11 | contained
in the notice and admissible in any proceeding | ||||||
12 | alleging a
violation under this Section.
| ||||||
13 | (g) Recorded images made by an automatic traffic law
| ||||||
14 | enforcement system are confidential and shall be made
| ||||||
15 | available only to the alleged violator and governmental and
| ||||||
16 | law enforcement agencies for purposes of adjudicating a
| ||||||
17 | violation of this Section, for statistical purposes, or for | ||||||
18 | other governmental purposes. Any recorded image evidencing a
| ||||||
19 | violation of this Section, however, may be admissible in
any | ||||||
20 | proceeding resulting from the issuance of the citation.
| ||||||
21 | (h) The court or hearing officer may consider in defense | ||||||
22 | of a violation:
| ||||||
23 | (1) that the motor vehicle or registration plates or | ||||||
24 | digital registration plates of the motor
vehicle were | ||||||
25 | stolen before the violation occurred and not
under the | ||||||
26 | control of or in the possession of the owner at
the time of |
| |||||||
| |||||||
1 | the violation;
| ||||||
2 | (2) that the driver of the vehicle passed through the
| ||||||
3 | intersection when the light was red either (i) in order to
| ||||||
4 | yield the right-of-way to an emergency vehicle or (ii) as
| ||||||
5 | part of a funeral procession; and
| ||||||
6 | (3) any other evidence or issues provided by municipal | ||||||
7 | or county ordinance.
| ||||||
8 | (i) To demonstrate that the motor vehicle or the | ||||||
9 | registration
plates or digital registration plates were stolen | ||||||
10 | before the violation occurred and were not under the
control | ||||||
11 | or possession of the owner at the time of the violation, the
| ||||||
12 | owner must submit proof that a report concerning the stolen
| ||||||
13 | motor vehicle or registration plates was filed with a law | ||||||
14 | enforcement agency in a timely manner.
| ||||||
15 | (j) Unless the driver of the motor vehicle received a | ||||||
16 | Uniform
Traffic Citation from a police officer at the time of | ||||||
17 | the violation,
the motor vehicle owner is subject to a civil | ||||||
18 | penalty not exceeding
$100 or the completion of a traffic | ||||||
19 | education program, or both, plus an additional penalty of not | ||||||
20 | more than $100 for failure to pay the original penalty or to | ||||||
21 | complete a required traffic education program, or both, in a | ||||||
22 | timely manner, if the motor vehicle is recorded by an | ||||||
23 | automated traffic law
enforcement system. A violation for | ||||||
24 | which a civil penalty is imposed
under this Section is not a | ||||||
25 | violation of a traffic regulation governing
the movement of | ||||||
26 | vehicles and may not be recorded on the driving record
of the |
| |||||||
| |||||||
1 | owner of the vehicle.
| ||||||
2 | (j-3) A registered owner who is a holder of a valid | ||||||
3 | commercial driver's license is not required to complete a | ||||||
4 | traffic education program. | ||||||
5 | (j-5) For purposes of the required traffic education | ||||||
6 | program only, a registered owner may submit an affidavit to | ||||||
7 | the court or hearing officer swearing that at the time of the | ||||||
8 | alleged violation, the vehicle was in the custody and control | ||||||
9 | of another person. The affidavit must identify the person in | ||||||
10 | custody and control of the vehicle, including the person's | ||||||
11 | name and current address. The person in custody and control of | ||||||
12 | the vehicle at the time of the violation is required to | ||||||
13 | complete the required traffic education program. If the person | ||||||
14 | in custody and control of the vehicle at the time of the | ||||||
15 | violation completes the required traffic education program, | ||||||
16 | the registered owner of the vehicle is not required to | ||||||
17 | complete a traffic education program. | ||||||
18 | (k) An intersection equipped with an automated traffic law
| ||||||
19 | enforcement system must be posted with a sign visible to | ||||||
20 | approaching traffic
indicating that the intersection is being | ||||||
21 | monitored by an automated
traffic law enforcement system. | ||||||
22 | (k-3) A municipality or
county that has one or more | ||||||
23 | intersections equipped with an automated traffic law
| ||||||
24 | enforcement system must provide notice to drivers by posting | ||||||
25 | the locations of automated traffic law systems on the | ||||||
26 | municipality or county website.
|
| |||||||
| |||||||
1 | (k-5) An intersection equipped with an automated traffic | ||||||
2 | law
enforcement system must have a yellow change interval that | ||||||
3 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
4 | Devices (IMUTCD) published by the Illinois Department of | ||||||
5 | Transportation. | ||||||
6 | (k-7) A municipality or county operating an automated | ||||||
7 | traffic law enforcement system shall conduct a statistical | ||||||
8 | analysis to assess the safety impact of each automated traffic | ||||||
9 | law enforcement system at an intersection following | ||||||
10 | installation of the system. The statistical analysis shall be | ||||||
11 | based upon the best available crash, traffic, and other data, | ||||||
12 | and shall cover a period of time before and after installation | ||||||
13 | of the system sufficient to provide a statistically valid | ||||||
14 | comparison of safety impact. The statistical analysis shall be | ||||||
15 | consistent with professional judgment and acceptable industry | ||||||
16 | practice. The statistical analysis also shall be consistent | ||||||
17 | with the data required for valid comparisons of before and | ||||||
18 | after conditions and shall be conducted within a reasonable | ||||||
19 | period following the installation of the automated traffic law | ||||||
20 | enforcement system. The statistical analysis required by this | ||||||
21 | subsection (k-7) shall be made available to the public and | ||||||
22 | shall be published on the website of the municipality or | ||||||
23 | county. If the statistical analysis for the 36 month period | ||||||
24 | following installation of the system indicates that there has | ||||||
25 | been an increase in the rate of crashes accidents at the | ||||||
26 | approach to the intersection monitored by the system, the |
| |||||||
| |||||||
1 | municipality or county shall undertake additional studies to | ||||||
2 | determine the cause and severity of the crashes accidents , and | ||||||
3 | may take any action that it determines is necessary or | ||||||
4 | appropriate to reduce the number or severity of the crashes | ||||||
5 | accidents at that intersection. | ||||||
6 | (l) The compensation paid for an automated traffic law | ||||||
7 | enforcement system
must be based on the value of the equipment | ||||||
8 | or the services provided and may
not be based on the number of | ||||||
9 | traffic citations issued or the revenue generated
by the | ||||||
10 | system.
| ||||||
11 | (m) This Section applies only to the counties of Cook, | ||||||
12 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
13 | to municipalities located within those counties.
| ||||||
14 | (n) The fee for participating in a traffic education | ||||||
15 | program under this Section shall not exceed $25. | ||||||
16 | A low-income individual required to complete a traffic | ||||||
17 | education program under this Section who provides proof of | ||||||
18 | eligibility for the federal earned income tax credit under | ||||||
19 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
20 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
21 | Act shall not be required to pay any fee for participating in a | ||||||
22 | required traffic education program. | ||||||
23 | (o) (Blank). | ||||||
24 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
25 | to a written lease agreement shall be liable for an automated | ||||||
26 | speed or traffic law enforcement system violation involving |
| |||||||
| |||||||
1 | such motor vehicle during the period of the lease; provided | ||||||
2 | that upon the request of the appropriate authority received | ||||||
3 | within 120 days after the violation occurred, the lessor | ||||||
4 | provides within 60 days after such receipt the name and | ||||||
5 | address of the lessee. | ||||||
6 | Upon the provision of information by the lessor pursuant | ||||||
7 | to this subsection, the county or municipality may issue the | ||||||
8 | violation to the lessee of the vehicle in the same manner as it | ||||||
9 | would issue a violation to a registered owner of a vehicle | ||||||
10 | pursuant to this Section, and the lessee may be held liable for | ||||||
11 | the violation. | ||||||
12 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 .)
| ||||||
13 | (625 ILCS 5/11-208.9) | ||||||
14 | Sec. 11-208.9. Automated traffic law enforcement system; | ||||||
15 | approaching, overtaking, and passing a school bus. | ||||||
16 | (a) As used in this Section, "automated traffic law | ||||||
17 | enforcement
system" means a device with one or more motor | ||||||
18 | vehicle sensors working
in conjunction with the visual signals | ||||||
19 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
20 | this Code, to produce recorded images of
motor vehicles that | ||||||
21 | fail to stop before meeting or overtaking, from either | ||||||
22 | direction, any school bus stopped at any location for the | ||||||
23 | purpose of receiving or discharging pupils in violation of | ||||||
24 | Section 11-1414 of this Code or a similar provision
of a local | ||||||
25 | ordinance. |
| |||||||
| |||||||
1 | An
automated traffic law enforcement system is a system, | ||||||
2 | in a municipality or
county operated by a
governmental agency, | ||||||
3 | that
produces a recorded image of a motor vehicle's
violation | ||||||
4 | of a provision of this Code or a local ordinance
and is | ||||||
5 | designed to obtain a clear recorded image of the
vehicle and | ||||||
6 | the vehicle's license plate. The recorded image must also
| ||||||
7 | display the time, date, and location of the violation. | ||||||
8 | (b) As used in this Section, "recorded images" means | ||||||
9 | images
recorded by an automated traffic law enforcement system | ||||||
10 | on: | ||||||
11 | (1) 2 or more photographs; | ||||||
12 | (2) 2 or more microphotographs; | ||||||
13 | (3) 2 or more electronic images; or | ||||||
14 | (4) a video recording showing the motor vehicle and, | ||||||
15 | on at
least one image or portion of the recording, clearly | ||||||
16 | identifying the
registration plate or digital registration | ||||||
17 | plate number of the motor vehicle. | ||||||
18 | (c) A municipality or
county that
produces a recorded | ||||||
19 | image of a motor vehicle's
violation of a provision of this | ||||||
20 | Code or a local ordinance must make the recorded images of a | ||||||
21 | violation accessible to the alleged violator by providing the | ||||||
22 | alleged violator with a website address, accessible through | ||||||
23 | the Internet. | ||||||
24 | (d) For each violation of a provision of this Code or a | ||||||
25 | local ordinance
recorded by an automated
traffic law | ||||||
26 | enforcement system, the county or municipality having
|
| |||||||
| |||||||
1 | jurisdiction shall issue a written notice of the
violation to | ||||||
2 | the registered owner of the vehicle as the alleged
violator. | ||||||
3 | The notice shall be delivered to the registered
owner of the | ||||||
4 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
5 | notifies the municipality or county of the identity of the | ||||||
6 | owner of the vehicle, but in no event later than 90 days after | ||||||
7 | the violation. | ||||||
8 | (e) The notice required under subsection (d) shall | ||||||
9 | include: | ||||||
10 | (1) the name and address of the registered owner of | ||||||
11 | the
vehicle; | ||||||
12 | (2) the registration number of the motor vehicle
| ||||||
13 | involved in the violation; | ||||||
14 | (3) the violation charged; | ||||||
15 | (4) the location where the violation occurred; | ||||||
16 | (5) the date and time of the violation; | ||||||
17 | (6) a copy of the recorded images; | ||||||
18 | (7) the amount of the civil penalty imposed and the | ||||||
19 | date
by which the civil penalty should be paid; | ||||||
20 | (8) a statement that recorded images are evidence of a
| ||||||
21 | violation of overtaking or passing a school bus stopped | ||||||
22 | for the purpose of receiving or discharging pupils; | ||||||
23 | (9) a warning that failure to pay the civil penalty or | ||||||
24 | to
contest liability in a timely manner is an admission of
| ||||||
25 | liability; | ||||||
26 | (10) a statement that the person may elect to proceed |
| |||||||
| |||||||
1 | by: | ||||||
2 | (A) paying the fine; or | ||||||
3 | (B) challenging the charge in court, by mail, or | ||||||
4 | by administrative hearing; and | ||||||
5 | (11) a website address, accessible through the | ||||||
6 | Internet, where the person may view the recorded images of | ||||||
7 | the violation. | ||||||
8 | (f) (Blank). | ||||||
9 | (g) Based on inspection of recorded images produced by an
| ||||||
10 | automated traffic law enforcement system, a notice alleging | ||||||
11 | that the violation occurred shall be evidence of the facts | ||||||
12 | contained
in the notice and admissible in any proceeding | ||||||
13 | alleging a
violation under this Section. | ||||||
14 | (h) Recorded images made by an automated traffic law
| ||||||
15 | enforcement system are confidential and shall be made
| ||||||
16 | available only to the alleged violator and governmental and
| ||||||
17 | law enforcement agencies for purposes of adjudicating a
| ||||||
18 | violation of this Section, for statistical purposes, or for | ||||||
19 | other governmental purposes. Any recorded image evidencing a
| ||||||
20 | violation of this Section, however, may be admissible in
any | ||||||
21 | proceeding resulting from the issuance of the citation. | ||||||
22 | (i) The court or hearing officer may consider in defense | ||||||
23 | of a violation: | ||||||
24 | (1) that the motor vehicle or registration plates or | ||||||
25 | digital registration plates of the motor
vehicle were | ||||||
26 | stolen before the violation occurred and not
under the |
| |||||||
| |||||||
1 | control of or in the possession of the owner at
the time of | ||||||
2 | the violation; | ||||||
3 | (2) that the driver of the motor vehicle received a | ||||||
4 | Uniform Traffic Citation from a police officer for a | ||||||
5 | violation of Section 11-1414 of this Code within | ||||||
6 | one-eighth of a mile and 15 minutes of the violation that | ||||||
7 | was recorded by the system; | ||||||
8 | (3) that the visual signals required by Sections | ||||||
9 | 12-803 and 12-805 of this Code were damaged, not | ||||||
10 | activated, not present in violation of Sections 12-803 and | ||||||
11 | 12-805, or inoperable; and | ||||||
12 | (4) any other evidence or issues provided by municipal | ||||||
13 | or county ordinance. | ||||||
14 | (j) To demonstrate that the motor vehicle or the | ||||||
15 | registration
plates or digital registration plates were stolen | ||||||
16 | before the violation occurred and were not under the
control | ||||||
17 | or possession of the owner at the time of the violation, the
| ||||||
18 | owner must submit proof that a report concerning the stolen
| ||||||
19 | motor vehicle or registration plates was filed with a law | ||||||
20 | enforcement agency in a timely manner. | ||||||
21 | (k) Unless the driver of the motor vehicle received a | ||||||
22 | Uniform
Traffic Citation from a police officer at the time of | ||||||
23 | the violation,
the motor vehicle owner is subject to a civil | ||||||
24 | penalty not exceeding
$150 for a first time violation or $500 | ||||||
25 | for a second or subsequent violation, plus an additional | ||||||
26 | penalty of not more than $100 for failure to pay the original |
| |||||||
| |||||||
1 | penalty in a timely manner, if the motor vehicle is recorded by | ||||||
2 | an automated traffic law
enforcement system. A violation for | ||||||
3 | which a civil penalty is imposed
under this Section is not a | ||||||
4 | violation of a traffic regulation governing
the movement of | ||||||
5 | vehicles and may not be recorded on the driving record
of the | ||||||
6 | owner of the vehicle, but may be recorded by the municipality | ||||||
7 | or county for the purpose of determining if a person is subject | ||||||
8 | to the higher fine for a second or subsequent offense. | ||||||
9 | (l) A school bus equipped with an automated traffic law
| ||||||
10 | enforcement system must be posted with a sign indicating that | ||||||
11 | the school bus is being monitored by an automated
traffic law | ||||||
12 | enforcement system. | ||||||
13 | (m) A municipality or
county that has one or more school | ||||||
14 | buses equipped with an automated traffic law
enforcement | ||||||
15 | system must provide notice to drivers by posting a list of | ||||||
16 | school districts using school buses equipped with an automated | ||||||
17 | traffic law enforcement system on the municipality or county | ||||||
18 | website. School districts that have one or more school buses | ||||||
19 | equipped with an automated traffic law enforcement system must | ||||||
20 | provide notice to drivers by posting that information on their | ||||||
21 | websites. | ||||||
22 | (n) A municipality or county operating an automated | ||||||
23 | traffic law enforcement system shall conduct a statistical | ||||||
24 | analysis to assess the safety impact in each school district | ||||||
25 | using school buses equipped with an automated traffic law | ||||||
26 | enforcement system following installation of the system. The |
| |||||||
| |||||||
1 | statistical analysis shall be based upon the best available | ||||||
2 | crash, traffic, and other data, and shall cover a period of | ||||||
3 | time before and after installation of the system sufficient to | ||||||
4 | provide a statistically valid comparison of safety impact. The | ||||||
5 | statistical analysis shall be consistent with professional | ||||||
6 | judgment and acceptable industry practice. The statistical | ||||||
7 | analysis also shall be consistent with the data required for | ||||||
8 | valid comparisons of before and after conditions and shall be | ||||||
9 | conducted within a reasonable period following the | ||||||
10 | installation of the automated traffic law enforcement system. | ||||||
11 | The statistical analysis required by this subsection shall be | ||||||
12 | made available to the public and shall be published on the | ||||||
13 | website of the municipality or county. If the statistical | ||||||
14 | analysis for the 36-month period following installation of the | ||||||
15 | system indicates that there has been an increase in the rate of | ||||||
16 | crashes accidents at the approach to school buses monitored by | ||||||
17 | the system, the municipality or county shall undertake | ||||||
18 | additional studies to determine the cause and severity of the | ||||||
19 | crashes accidents , and may take any action that it determines | ||||||
20 | is necessary or appropriate to reduce the number or severity | ||||||
21 | of the crashes accidents involving school buses equipped with | ||||||
22 | an automated traffic law enforcement system. | ||||||
23 | (o) The compensation paid for an automated traffic law | ||||||
24 | enforcement system
must be based on the value of the equipment | ||||||
25 | or the services provided and may
not be based on the number of | ||||||
26 | traffic citations issued or the revenue generated
by the |
| |||||||
| |||||||
1 | system. | ||||||
2 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
3 | to a written lease agreement shall be liable for an automated | ||||||
4 | speed or traffic law enforcement system violation involving | ||||||
5 | such motor vehicle during the period of the lease; provided | ||||||
6 | that upon the request of the appropriate authority received | ||||||
7 | within 120 days after the violation occurred, the lessor | ||||||
8 | provides within 60 days after such receipt the name and | ||||||
9 | address of the lessee. | ||||||
10 | Upon the provision of information by the lessor pursuant | ||||||
11 | to this subsection, the county or municipality may issue the | ||||||
12 | violation to the lessee of the vehicle in the same manner as it | ||||||
13 | would issue a violation to a registered owner of a vehicle | ||||||
14 | pursuant to this Section, and the lessee may be held liable for | ||||||
15 | the violation. | ||||||
16 | (q) (Blank). | ||||||
17 | (r) After a municipality or county enacts an ordinance | ||||||
18 | providing for automated traffic law enforcement systems under | ||||||
19 | this Section, each school district within that municipality or | ||||||
20 | county's jurisdiction may implement an automated traffic law | ||||||
21 | enforcement system under this Section. The elected school | ||||||
22 | board for that district must approve the implementation of an | ||||||
23 | automated traffic law enforcement system. The school district | ||||||
24 | shall be responsible for entering into a contract, approved by | ||||||
25 | the elected school board of that district, with vendors for | ||||||
26 | the installation, maintenance, and operation of the automated |
| |||||||
| |||||||
1 | traffic law enforcement system. The school district must enter | ||||||
2 | into an intergovernmental agreement, approved by the elected | ||||||
3 | school board of that district, with the municipality or county | ||||||
4 | with jurisdiction over that school district for the | ||||||
5 | administration of the automated traffic law enforcement | ||||||
6 | system. The proceeds from a school district's automated | ||||||
7 | traffic law enforcement system's fines shall be divided | ||||||
8 | equally between the school district and the municipality or | ||||||
9 | county administering the automated traffic law enforcement | ||||||
10 | system.
| ||||||
11 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 .)
| ||||||
12 | (625 ILCS 5/Ch. 11 Art. IV heading) | ||||||
13 | ARTICLE IV. CRASHES ACCIDENTS
| ||||||
14 | (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
| ||||||
15 | Sec. 11-401. Motor vehicle crashes accidents involving | ||||||
16 | death or personal injuries.
| ||||||
17 | (a) The driver of any vehicle involved in a motor vehicle | ||||||
18 | crashes accident
resulting in personal injury to or death of | ||||||
19 | any person shall immediately stop
such vehicle at the scene of | ||||||
20 | such crash accident , or as close thereto as possible
and shall | ||||||
21 | then forthwith return to, and in every event shall remain at | ||||||
22 | the
scene of the crash accident until the requirements of | ||||||
23 | Section 11-403 have been
fulfilled. Every such stop shall be | ||||||
24 | made without obstructing traffic more
than is necessary.
|
| |||||||
| |||||||
1 | (b) Any person who has failed to stop or to comply with the
| ||||||
2 | requirements of paragraph (a) shall, as soon as possible but | ||||||
3 | in no case
later than one-half hour after such motor
vehicle | ||||||
4 | crash accident , or, if hospitalized and incapacitated from | ||||||
5 | reporting at any
time during such period, as soon as possible | ||||||
6 | but in no case later than one-half
hour
after
being discharged | ||||||
7 | from the
hospital, report the place of the crash accident , the | ||||||
8 | date, the approximate time,
the
driver's name and address, the | ||||||
9 | registration number of the vehicle
driven, and the names of | ||||||
10 | all other occupants of
such vehicle, at a police station or | ||||||
11 | sheriff's office near the place where
such crash accident | ||||||
12 | occurred. No report made as required under this paragraph | ||||||
13 | shall be used,
directly or indirectly, as a basis for the | ||||||
14 | prosecution of any
violation of paragraph (a).
| ||||||
15 | (b-1) Any person arrested for violating this Section is | ||||||
16 | subject to chemical testing of his or her blood, breath, other | ||||||
17 | bodily substance, or urine for the presence of alcohol, other | ||||||
18 | drug or drugs, intoxicating compound or compounds, or any | ||||||
19 | combination thereof, as provided in Section 11-501.1, if the | ||||||
20 | testing occurs within 12 hours of the time of the occurrence of | ||||||
21 | the crash accident that led to his or her arrest. The person's | ||||||
22 | driving privileges are subject to statutory summary suspension | ||||||
23 | under Section 11-501.1 if he or she fails testing or statutory | ||||||
24 | summary revocation under Section 11-501.1 if he or she refuses | ||||||
25 | to undergo the testing.
| ||||||
26 | For purposes of this Section, personal injury shall mean |
| |||||||
| |||||||
1 | any injury
requiring immediate professional treatment in a | ||||||
2 | medical facility or
doctor's office.
| ||||||
3 | (c) Any person failing to comply with paragraph (a) shall | ||||||
4 | be guilty of a Class 4 felony.
| ||||||
5 | (d) Any person failing to comply with paragraph (b) is
| ||||||
6 | guilty
of
a Class 2 felony if the
motor vehicle crash accident | ||||||
7 | does not result in the death of any person.
Any person failing | ||||||
8 | to comply with paragraph (b)
when the crash accident results | ||||||
9 | in the death of
any person is guilty of a Class 1
felony.
| ||||||
10 | (e) The Secretary of State shall revoke the driving | ||||||
11 | privilege of any person
convicted of a violation of this | ||||||
12 | Section.
| ||||||
13 | (Source: P.A. 99-697, eff. 7-29-16.)
| ||||||
14 | (625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402)
| ||||||
15 | Sec. 11-402. Motor vehicle crash accident involving damage | ||||||
16 | to vehicle. | ||||||
17 | (a)
The driver of any vehicle involved in a motor vehicle | ||||||
18 | crash accident
resulting only in damage to a vehicle which is | ||||||
19 | driven or attended by any person shall
immediately stop such | ||||||
20 | vehicle at the scene of such motor vehicle crash accident
or as | ||||||
21 | close thereto as possible, but shall forthwith return to and | ||||||
22 | in every event
shall remain at the scene of such motor vehicle | ||||||
23 | crash accident until the
requirements of Section 11-403 have | ||||||
24 | been fulfilled. A driver does not violate this Section if the | ||||||
25 | driver moves the vehicle as soon as possible off the highway to |
| |||||||
| |||||||
1 | the nearest safe location on an exit ramp shoulder, a frontage | ||||||
2 | road, the nearest suitable cross street, or other suitable | ||||||
3 | location that does not obstruct traffic and
remains at that | ||||||
4 | location until the driver has fulfilled the requirements of | ||||||
5 | Section 11-403. Every such stop
shall be made without | ||||||
6 | obstructing traffic
more than is necessary. If a damaged | ||||||
7 | vehicle is obstructing traffic lanes, the driver of the | ||||||
8 | vehicle must make every reasonable effort to move the vehicle | ||||||
9 | or have it moved so as not to block the traffic lanes.
| ||||||
10 | Any person failing to comply with this Section shall be | ||||||
11 | guilty of a Class
A misdemeanor.
| ||||||
12 | (b) Upon conviction of a violation of this Section, the | ||||||
13 | court shall make
a finding as to whether the damage to a | ||||||
14 | vehicle is in excess of $1,000,
and in such case a statement of | ||||||
15 | this finding shall be reported to the Secretary
of State with | ||||||
16 | the report of conviction as required by Section 6-204 of this
| ||||||
17 | Code. Upon receipt of such report of conviction and statement | ||||||
18 | of finding
that the damage to a vehicle is in excess of $1,000, | ||||||
19 | the Secretary of State
shall suspend the driver's license or | ||||||
20 | any nonresident's driving privilege. | ||||||
21 | (c) If any peace officer or highway authority official | ||||||
22 | finds (i) a vehicle standing upon a highway or toll highway in | ||||||
23 | violation of a prohibition, limitation, or restriction on | ||||||
24 | stopping, standing, or parking imposed under this Code or (ii) | ||||||
25 | a disabled vehicle that obstructs the roadway of a highway or | ||||||
26 | toll highway, the peace officer or highway authority official |
| |||||||
| |||||||
1 | is authorized to move the vehicle or to require the operator of | ||||||
2 | the vehicle to move the vehicle to the shoulder of the road, to | ||||||
3 | a position where parking is permitted, or to public parking or | ||||||
4 | storage premises. The removal may be performed by, or under | ||||||
5 | the direction of, the peace officer or highway authority | ||||||
6 | official or may be contracted for by local authorities. After | ||||||
7 | the vehicle has been removed, the peace officer or highway | ||||||
8 | authority official shall follow appropriate procedures, as | ||||||
9 | provided in Section 4-203 of this Code. | ||||||
10 | (d) A towing service, its officers, and its employees are | ||||||
11 | not liable for loss of or damages to any real or personal | ||||||
12 | property that occurs as the result of the removal or towing of | ||||||
13 | any vehicle under subsection (c), as provided in subsection | ||||||
14 | (b) of Section 4-213.
| ||||||
15 | (Source: P.A. 97-763, eff. 1-1-13.)
| ||||||
16 | (625 ILCS 5/11-403) (from Ch. 95 1/2, par. 11-403)
| ||||||
17 | Sec. 11-403. Duty to give information and render aid. The | ||||||
18 | driver of any vehicle involved in a motor vehicle crash | ||||||
19 | accident
resulting in injury to or death of any person or | ||||||
20 | damage to any vehicle which
is driven or attended by any person | ||||||
21 | shall give the driver's
name, address, registration number and | ||||||
22 | owner of the vehicle
the driver is operating and shall upon | ||||||
23 | request and
if available exhibit such driver's license to the | ||||||
24 | person struck
or the driver
or occupant of or person attending | ||||||
25 | any vehicle collided with
and shall render to any person |
| |||||||
| |||||||
1 | injured in such crash accident reasonable
assistance, | ||||||
2 | including the carrying or the making of arrangements for the
| ||||||
3 | carrying of such person to a physician, surgeon or hospital | ||||||
4 | for medical
or surgical treatment, if it is apparent that such | ||||||
5 | treatment is
necessary or if such carrying is requested by the | ||||||
6 | injured person.
| ||||||
7 | If none of the persons entitled to information pursuant to | ||||||
8 | this
Section is in condition to receive and understand such | ||||||
9 | information and
no police officer is present, such driver | ||||||
10 | after rendering reasonable
assistance shall forthwith report | ||||||
11 | such motor vehicle crash accident at the
nearest office of a | ||||||
12 | duly authorized police authority, disclosing the
information
| ||||||
13 | required by this Section.
| ||||||
14 | Any person failing to comply with this Section shall be | ||||||
15 | guilty of a Class
A misdemeanor.
| ||||||
16 | (Source: P.A. 83-831.)
| ||||||
17 | (625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)
| ||||||
18 | Sec. 11-404. Duty upon damaging unattended vehicle or | ||||||
19 | other property. | ||||||
20 | (a) The driver of any vehicle which collides with or is | ||||||
21 | involved in a motor
vehicle crash accident with any vehicle | ||||||
22 | which is unattended, or other property,
resulting in any | ||||||
23 | damage to such other vehicle or property shall
immediately | ||||||
24 | stop and shall then and there either locate and notify the
| ||||||
25 | operator or owner of such vehicle or other
property of the |
| |||||||
| |||||||
1 | driver's name, address, registration
number and owner of the | ||||||
2 | vehicle the driver was operating or shall
attach securely in a | ||||||
3 | conspicuous place on or in the vehicle
or other property | ||||||
4 | struck a written notice giving the driver's
name, address, | ||||||
5 | registration number and owner of the
vehicle the driver was | ||||||
6 | driving and shall without unnecessary
delay notify the nearest | ||||||
7 | office of a duly authorized police authority and
shall make a | ||||||
8 | written report of such crash accident when and as required in
| ||||||
9 | Section 11-406. Every such stop shall be made without
| ||||||
10 | obstructing traffic more than is necessary. If a damaged | ||||||
11 | vehicle is obstructing traffic lanes, the driver of the | ||||||
12 | vehicle must make every reasonable effort to move the vehicle | ||||||
13 | or have it moved so as not to block the traffic lanes.
| ||||||
14 | (b) Any person failing to comply with this Section shall | ||||||
15 | be guilty of a Class
A misdemeanor. | ||||||
16 | (c) If any peace officer or highway authority official | ||||||
17 | finds (i) a vehicle standing upon a highway or toll highway in | ||||||
18 | violation of a prohibition, limitation, or restriction on | ||||||
19 | stopping, standing, or parking imposed under this Code or (ii) | ||||||
20 | a disabled vehicle that obstructs the roadway of a highway or | ||||||
21 | toll highway, the peace officer or highway authority official | ||||||
22 | is authorized to move the vehicle or to require the operator of | ||||||
23 | the vehicle to move the vehicle to the shoulder of the road, to | ||||||
24 | a position where parking is permitted, or to public parking or | ||||||
25 | storage premises. The removal may be performed by, or under | ||||||
26 | the direction of, the peace officer or highway authority |
| |||||||
| |||||||
1 | official or may be contracted for by local authorities. After | ||||||
2 | the vehicle has been removed, the peace officer or highway | ||||||
3 | authority official shall follow appropriate procedures, as | ||||||
4 | provided in Section 4-203 of this Code.
| ||||||
5 | (d) A towing service, its officers, and its employees are | ||||||
6 | not liable for loss of or damages to any real or personal | ||||||
7 | property that occurs as the result of the removal or towing of | ||||||
8 | any vehicle under subsection (c), as provided in subsection | ||||||
9 | (b) of Section 4-213.
| ||||||
10 | (Source: P.A. 95-407, eff. 1-1-08.)
| ||||||
11 | (625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407)
| ||||||
12 | Sec. 11-407. Immediate notice of crash accident .
| ||||||
13 | (a) The driver of a vehicle which is in any manner involved | ||||||
14 | in a crash an
accident described in Section 11-406 of this | ||||||
15 | Chapter shall, if no police
officer is present, give notice of | ||||||
16 | the crash accident by the fastest available
means of | ||||||
17 | communication to the local police department if such crash | ||||||
18 | accident
occurs within a municipality or otherwise to the | ||||||
19 | nearest office of the
county sheriff or nearest headquarters | ||||||
20 | of the Illinois State Police.
| ||||||
21 | (b) Whenever the driver of a vehicle is physically | ||||||
22 | incapable of giving
immediate notice of a crash an accident as | ||||||
23 | required in Subsection (a) and there was
another occupant in | ||||||
24 | the vehicle at the time of the crash accident capable of
doing | ||||||
25 | so, that occupant must give notice as required in Subsection |
| |||||||
| |||||||
1 | (a).
| ||||||
2 | (Source: P.A. 76-2163.)
| ||||||
3 | (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
| ||||||
4 | Sec. 11-408. Police to report motor vehicle crash accident | ||||||
5 | investigations.
| ||||||
6 | (a) Every law enforcement officer who investigates a motor | ||||||
7 | vehicle crash accident
for which a report is required by this | ||||||
8 | Article or who prepares a written
report as a result of an | ||||||
9 | investigation either at the time and scene of such
motor | ||||||
10 | vehicle crash accident or thereafter by interviewing | ||||||
11 | participants or
witnesses shall forward a written report of | ||||||
12 | such motor vehicle crash accident
to the Administrator on | ||||||
13 | forms provided by the Administrator under Section
11-411 | ||||||
14 | within 10 days after investigation of the motor
vehicle crash | ||||||
15 | accident , or within such other time as is prescribed by the
| ||||||
16 | Administrator.
Such written reports and the information | ||||||
17 | contained in those reports required to be forwarded by law | ||||||
18 | enforcement officers
shall not be held confidential by the | ||||||
19 | reporting law
enforcement officer or agency. The Secretary of | ||||||
20 | State may also disclose
notations of crash accident | ||||||
21 | involvement maintained on individual driving records. However, | ||||||
22 | the Administrator or the
Secretary of State may require a | ||||||
23 | supplemental written report from the
reporting law enforcement | ||||||
24 | officer.
| ||||||
25 | (b) The Department at its discretion may require a |
| |||||||
| |||||||
1 | supplemental written
report from the reporting law enforcement | ||||||
2 | officer on a form supplied by the
Department to be submitted | ||||||
3 | directly to the Department. Such supplemental
report may be | ||||||
4 | used only for crash accident studies and statistical or | ||||||
5 | analytical
purposes under Section 11-412 or 11-414 of this | ||||||
6 | Code.
| ||||||
7 | (c) The Department at its discretion may provide for | ||||||
8 | in-depth
investigations of crashes accidents involving | ||||||
9 | Department employees or other motor vehicle crashes accidents | ||||||
10 | by individuals or
special investigation groups, including but | ||||||
11 | not limited to police officers,
photographers,
engineers, | ||||||
12 | doctors, mechanics, and as a result of the investigation may
| ||||||
13 | require the submission of written reports, photographs, | ||||||
14 | charts, sketches,
graphs, or a combination of all. Such | ||||||
15 | individual written reports,
photographs, charts, sketches, or | ||||||
16 | graphs may be used only for crash accident
studies and | ||||||
17 | statistical or analytical purposes under Section 11-412 or | ||||||
18 | 11-414 of this Code.
| ||||||
19 | (d) On and after July 1, 1997, law enforcement officers | ||||||
20 | who have reason to
suspect that the motor
vehicle crash | ||||||
21 | accident was the result of a driver's loss of consciousness | ||||||
22 | due to a
medical condition, as defined by the Driver's License | ||||||
23 | Medical Review Law of
1992, or the result of any medical | ||||||
24 | condition that impaired the
driver's ability to safely operate | ||||||
25 | a motor vehicle shall notify the Secretary
of
this | ||||||
26 | determination. The Secretary, in conjunction with the Driver's |
| |||||||
| |||||||
1 | License
Medical Advisory Board, shall determine by | ||||||
2 | administrative rule the temporary
conditions not required to | ||||||
3 | be reported under the provisions of this Section.
The
| ||||||
4 | Secretary shall, in conjunction with the Illinois State Police | ||||||
5 | and
representatives of local and county law enforcement | ||||||
6 | agencies, promulgate any
rules necessary and develop the | ||||||
7 | procedures and documents that may be required
to
obtain | ||||||
8 | written, electronic, or other agreed upon methods of | ||||||
9 | notification to
implement the provisions of this Section.
| ||||||
10 | (e) Law enforcement officers reporting under the | ||||||
11 | provisions of subsection
(d) of this Section shall enjoy the | ||||||
12 | same immunities granted members of the
Driver's License | ||||||
13 | Medical Advisory Board under Section 6-910 of this Code.
| ||||||
14 | (f) All information furnished to the Secretary under | ||||||
15 | subsection (d) of this
Section shall be deemed confidential | ||||||
16 | and for the privileged use of the
Secretary in accordance with | ||||||
17 | the provisions of subsection (j) of Section 2-123
of this | ||||||
18 | Code.
| ||||||
19 | (Source: P.A. 100-96, eff. 1-1-18 .)
| ||||||
20 | (625 ILCS 5/11-409) (from Ch. 95 1/2, par. 11-409)
| ||||||
21 | Sec. 11-409. False motor vehicle crash accident reports or | ||||||
22 | notices. Any
person who provides information in an oral or | ||||||
23 | written report required by
this Code with knowledge or reason | ||||||
24 | to believe that such
information is false shall be guilty of a | ||||||
25 | Class C misdemeanor.
|
| |||||||
| |||||||
1 | (Source: P.A. 83-831.)
| ||||||
2 | (625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
| ||||||
3 | Sec. 11-411. Crash Accident report forms.
| ||||||
4 | (a) The Administrator must prepare and upon request supply | ||||||
5 | to police
departments, sheriffs and other appropriate agencies | ||||||
6 | or individuals, forms
for written crash accident reports as | ||||||
7 | required hereunder, suitable with respect
to the persons | ||||||
8 | required to make such reports and the purposes to be served.
| ||||||
9 | The written reports must call for sufficiently detailed | ||||||
10 | information to
disclose with reference to a vehicle crash | ||||||
11 | accident the cause, conditions then
existing, and the persons | ||||||
12 | and vehicles involved or any other data
concerning such crash | ||||||
13 | accident that may be required for a complete analysis of
all | ||||||
14 | related circumstances and events leading to the crash accident | ||||||
15 | or subsequent
to the occurrence.
| ||||||
16 | (b) Every crash accident report required to be made in | ||||||
17 | writing must be made on
an approved form or in an approved | ||||||
18 | electronic format provided by the Administrator and must
| ||||||
19 | contain all the information required therein unless that | ||||||
20 | information is not
available. The Department shall adopt any | ||||||
21 | rules necessary to implement this subsection (b).
| ||||||
22 | (c) Should special crash accident studies be required by | ||||||
23 | the Administrator,
the Administrator may provide the | ||||||
24 | supplemental forms for the special
studies.
| ||||||
25 | (Source: P.A. 100-96, eff. 1-1-18 .)
|
| |||||||
| |||||||
1 | (625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
| ||||||
2 | Sec. 11-412. Motor vehicle crash accident reports | ||||||
3 | confidential. | ||||||
4 | (a) All required
written motor vehicle crash accident | ||||||
5 | reports and supplemental reports shall
be without prejudice to | ||||||
6 | the individual so reporting and shall be for the
confidential | ||||||
7 | use of the Department and the Secretary of State and, in the
| ||||||
8 | case of second division vehicles operated under certificate of | ||||||
9 | convenience
and necessity issued by the Illinois Commerce | ||||||
10 | Commission, of the Commission,
except that the Administrator | ||||||
11 | or the Secretary of State or the Commission may
disclose the | ||||||
12 | identity of a person involved in a motor vehicle crash | ||||||
13 | accident
when such identity is not otherwise known or when | ||||||
14 | such person denies his presence at such motor vehicle crash | ||||||
15 | accident and the Department shall disclose
the identity of the | ||||||
16 | insurance carrier, if any, upon demand. The Secretary of
State | ||||||
17 | may also disclose notations of crash accident involvement | ||||||
18 | maintained on
individual driving records. | ||||||
19 | (b) Upon written request, the Department shall
furnish | ||||||
20 | copies of its written crash accident reports or any | ||||||
21 | supplemental reports to federal, State, and local
agencies | ||||||
22 | that are engaged in highway safety research and studies and to | ||||||
23 | any person or entity that has a contractual agreement with the | ||||||
24 | Department or a federal, State, or local agency to complete a | ||||||
25 | highway safety research and study for the Department or the |
| |||||||
| |||||||
1 | federal, State, or local agency. Reports
furnished to any | ||||||
2 | agency, person, or entity other than the Secretary of State or | ||||||
3 | the Illinois
Commerce Commission may be used only for | ||||||
4 | statistical or analytical purposes
and shall be held | ||||||
5 | confidential by that agency, person, or entity.
These reports | ||||||
6 | shall be exempt from inspection and copying under the Freedom | ||||||
7 | of Information Act and shall not be used as evidence in any | ||||||
8 | trial, civil
or criminal, arising out of a motor vehicle crash | ||||||
9 | accident , except
that the Administrator shall furnish upon | ||||||
10 | demand of any person who has,
or claims to have, made such a | ||||||
11 | written or supplemental report, or upon demand of any
court, a | ||||||
12 | certificate showing that a specified written crash accident | ||||||
13 | report or supplemental report
has or has not been made to the | ||||||
14 | Administrator solely to prove a compliance
or a failure to | ||||||
15 | comply with the requirement that such a written or | ||||||
16 | supplemental report
be made to the Administrator.
| ||||||
17 | (c) Upon written request, the Department shall furnish | ||||||
18 | motor vehicle crash accident data to a federal, State, or | ||||||
19 | local agency, the Secretary of State, the Illinois Commerce | ||||||
20 | Commission, or any other person or entity under Section 11-417 | ||||||
21 | of this Code. | ||||||
22 | (d) The Department at its discretion may provide for
| ||||||
23 | in-depth investigations of crashes accidents involving | ||||||
24 | Department employees or other motor vehicle crashes accidents . | ||||||
25 | A
written report describing the preventability of such a crash | ||||||
26 | an accident may be
prepared to enhance the safety of |
| |||||||
| |||||||
1 | Department employees or the traveling public. Such reports and | ||||||
2 | the information contained in those reports and
any opinions | ||||||
3 | expressed in the review of the crash accident as to the
| ||||||
4 | preventability of the crash accident shall be for the | ||||||
5 | privileged use of the
Department and held confidential and | ||||||
6 | shall not be obtainable or used in any
civil or criminal | ||||||
7 | proceeding.
| ||||||
8 | (Source: P.A. 100-96, eff. 1-1-18 .)
| ||||||
9 | (625 ILCS 5/11-413) (from Ch. 95 1/2, par. 11-413)
| ||||||
10 | Sec. 11-413. Coroners to report. All coroners shall
on or | ||||||
11 | before the 10th day of each month report in writing to the | ||||||
12 | Administrator
the death of any person within their respective | ||||||
13 | jurisdiction,
during the preceding calendar month, as the | ||||||
14 | result of a traffic crash accident giving the
time and place of | ||||||
15 | the crash accident and the circumstances relating thereto.
| ||||||
16 | (Source: P.A. 83-831.)
| ||||||
17 | (625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
| ||||||
18 | Sec. 11-414. Department to tabulate and analyze motor | ||||||
19 | vehicle crash accident
reports. The Department shall tabulate | ||||||
20 | and may analyze all written motor
vehicle crash accident | ||||||
21 | reports received in compliance with this Code
and shall | ||||||
22 | publish annually or at more frequent intervals motor vehicle | ||||||
23 | crash accident data. The Department:
| ||||||
24 | 1. (blank);
|
| |||||||
| |||||||
1 | 2. shall, upon written request, make available to the | ||||||
2 | public
motor vehicle crash accident data that shall be | ||||||
3 | distributed under Sections 11-412 and 11-417 of this Code;
| ||||||
4 | 3. may conduct special investigations of motor vehicle
| ||||||
5 | crashes accidents and may solicit supplementary reports | ||||||
6 | from drivers, owners,
police departments, sheriffs, | ||||||
7 | coroners, or any other individual.
Failure of any | ||||||
8 | individual to submit a supplementary report subjects such
| ||||||
9 | individual to the same penalties for failure to report as | ||||||
10 | designated
under Section 11-406.
| ||||||
11 | (Source: P.A. 100-96, eff. 1-1-18 .)
| ||||||
12 | (625 ILCS 5/11-415) (from Ch. 95 1/2, par. 11-415)
| ||||||
13 | Sec. 11-415. Municipalities may require traffic crash | ||||||
14 | accident reports. Municipalities may by ordinance require that | ||||||
15 | the driver or owner of
a vehicle involved in a traffic crash | ||||||
16 | accident file with the designated municipal
office a written
| ||||||
17 | report of such crash accident . All such reports shall be for | ||||||
18 | the confidential
use of the municipal office and subject to | ||||||
19 | the provisions of Section 11-412.
| ||||||
20 | (Source: P.A. 83-831.)
| ||||||
21 | (625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
| ||||||
22 | Sec. 11-416. Furnishing
copies - Fees.
The Illinois State | ||||||
23 | Police may furnish copies of an Illinois
State Police Traffic | ||||||
24 | Crash Accident Report that has been investigated by the |
| |||||||
| |||||||
1 | Illinois
State Police and shall be paid a fee of $5 for each | ||||||
2 | such
copy, or in the case of a crash an accident which was | ||||||
3 | investigated by a crash an accident
reconstruction officer or | ||||||
4 | crash accident reconstruction team, a fee of $20 shall be
| ||||||
5 | paid. These fees shall be deposited into the State Police | ||||||
6 | Services Fund.
| ||||||
7 | Other State law enforcement agencies or law enforcement | ||||||
8 | agencies of
local authorities may furnish copies of traffic | ||||||
9 | crash accident reports
prepared by such agencies and may | ||||||
10 | receive a fee not to exceed $5 for each
copy or in the case of | ||||||
11 | a crash an accident which was investigated by a crash an | ||||||
12 | accident
reconstruction officer or crash accident | ||||||
13 | reconstruction team, the State or local law
enforcement agency | ||||||
14 | may receive a fee not to exceed $20.
| ||||||
15 | Any written crash accident report required or requested to | ||||||
16 | be furnished the
Administrator shall be provided without cost | ||||||
17 | or fee charges authorized
under this Section or any other | ||||||
18 | provision of law.
| ||||||
19 | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
| ||||||
20 | (625 ILCS 5/11-417) | ||||||
21 | Sec. 11-417. Motor vehicle crash accident report and motor | ||||||
22 | vehicle crash accident data. | ||||||
23 | (a) Upon written request and payment of the required fee, | ||||||
24 | the Department shall make available to the public motor | ||||||
25 | vehicle crash accident data received in compliance with this |
| |||||||
| |||||||
1 | Code. The Department shall adopt any rules necessary to | ||||||
2 | establish a fee schedule for motor vehicle crash accident data | ||||||
3 | made available under Section 11-414 of this Code. | ||||||
4 | (b) The Department shall provide copies of a written motor | ||||||
5 | vehicle crash accident report or motor vehicle crash accident | ||||||
6 | data without any cost or fees authorized under any provision | ||||||
7 | of law to a federal, State, or local agency, the Secretary of | ||||||
8 | State, the Illinois Commerce Commission, or any other person | ||||||
9 | or entity that has a contractual agreement with the Department | ||||||
10 | or a federal, State, or local agency to complete a highway | ||||||
11 | safety research and study for the Department or the federal, | ||||||
12 | State, or local agency. | ||||||
13 | (c) All fees collected under this Section shall be placed | ||||||
14 | in the Road Fund to be used, subject to appropriation, for the | ||||||
15 | costs associated with motor vehicle crash accident records and | ||||||
16 | motor vehicle crash accident data.
| ||||||
17 | (Source: P.A. 100-96, eff. 1-1-18 .)
| ||||||
18 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
19 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
20 | other drug or drugs, intoxicating compound or compounds or any | ||||||
21 | combination thereof.
| ||||||
22 | (a) A person shall not drive or be in actual physical | ||||||
23 | control of any vehicle within this State while: | ||||||
24 | (1) the alcohol concentration in the person's blood, | ||||||
25 | other bodily substance, or breath is 0.08 or more based on |
| |||||||
| |||||||
1 | the definition of blood and breath units in Section | ||||||
2 | 11-501.2; | ||||||
3 | (2) under the influence of alcohol; | ||||||
4 | (3) under the influence of any intoxicating compound | ||||||
5 | or combination of intoxicating compounds to a degree that | ||||||
6 | renders the person incapable of driving safely; | ||||||
7 | (4) under the influence of any other drug or | ||||||
8 | combination of drugs to a degree that renders the person | ||||||
9 | incapable of safely driving; | ||||||
10 | (5) under the combined influence of alcohol, other | ||||||
11 | drug or drugs, or intoxicating compound or compounds to a | ||||||
12 | degree that renders the person incapable of safely | ||||||
13 | driving; | ||||||
14 | (6) there is any amount of a drug, substance, or | ||||||
15 | compound in the person's breath, blood, other bodily | ||||||
16 | substance, or urine resulting from the unlawful use or | ||||||
17 | consumption of a controlled substance listed in the | ||||||
18 | Illinois Controlled Substances Act, an intoxicating | ||||||
19 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
20 | or methamphetamine as listed in the Methamphetamine | ||||||
21 | Control and Community Protection Act; or | ||||||
22 | (7) the person has, within 2 hours of driving or being | ||||||
23 | in actual physical control of a vehicle, a | ||||||
24 | tetrahydrocannabinol concentration in the person's whole | ||||||
25 | blood or other bodily substance as defined in paragraph 6 | ||||||
26 | of subsection (a) of Section 11-501.2 of this Code.
|
| |||||||
| |||||||
1 | Subject to all other requirements and provisions under | ||||||
2 | this Section, this paragraph (7) does not apply to the | ||||||
3 | lawful consumption of cannabis by a qualifying patient | ||||||
4 | licensed under the Compassionate Use of Medical Cannabis | ||||||
5 | Program Act who is in possession of a valid registry card | ||||||
6 | issued under that Act, unless that person is impaired by | ||||||
7 | the use of cannabis. | ||||||
8 | (b) The fact that any person charged with violating this | ||||||
9 | Section is or has been legally entitled to use alcohol, | ||||||
10 | cannabis under the Compassionate Use of Medical Cannabis | ||||||
11 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
12 | compounds, or any combination thereof, shall not constitute a | ||||||
13 | defense against any charge of violating this Section. | ||||||
14 | (c) Penalties. | ||||||
15 | (1) Except as otherwise provided in this Section, any | ||||||
16 | person convicted of violating subsection (a) of this | ||||||
17 | Section is guilty of a Class A misdemeanor. | ||||||
18 | (2) A person who violates subsection (a) or a similar | ||||||
19 | provision a second time shall be sentenced to a mandatory | ||||||
20 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
21 | of community service in addition to any other criminal or | ||||||
22 | administrative sanction. | ||||||
23 | (3) A person who violates subsection (a) is subject to | ||||||
24 | 6 months of imprisonment, an additional mandatory minimum | ||||||
25 | fine of $1,000, and 25 days of community service in a | ||||||
26 | program benefiting children if the person was transporting |
| |||||||
| |||||||
1 | a person under the age of 16 at the time of the violation. | ||||||
2 | (4) A person who violates subsection (a) a first time, | ||||||
3 | if the alcohol concentration in his or her blood, breath, | ||||||
4 | other bodily substance, or urine was 0.16 or more based on | ||||||
5 | the definition of blood, breath, other bodily substance, | ||||||
6 | or urine units in Section 11-501.2, shall be subject, in | ||||||
7 | addition to any other penalty that may be imposed, to a | ||||||
8 | mandatory minimum of 100 hours of community service and a | ||||||
9 | mandatory minimum fine of $500. | ||||||
10 | (5) A person who violates subsection (a) a second | ||||||
11 | time, if at the time of the second violation the alcohol | ||||||
12 | concentration in his or her blood, breath, other bodily | ||||||
13 | substance, or urine was 0.16 or more based on the | ||||||
14 | definition of blood, breath, other bodily substance, or | ||||||
15 | urine units in Section 11-501.2, shall be subject, in | ||||||
16 | addition to any other penalty that may be imposed, to a | ||||||
17 | mandatory minimum of 2 days of imprisonment and a | ||||||
18 | mandatory minimum fine of $1,250. | ||||||
19 | (d) Aggravated driving under the influence of alcohol, | ||||||
20 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
21 | any combination thereof.
| ||||||
22 | (1) Every person convicted of committing a violation | ||||||
23 | of this Section shall be guilty of aggravated driving | ||||||
24 | under the influence of alcohol, other drug or drugs, or | ||||||
25 | intoxicating compound or compounds, or any combination | ||||||
26 | thereof if: |
| |||||||
| |||||||
1 | (A) the person committed a violation of subsection | ||||||
2 | (a) or a similar provision for the third or subsequent | ||||||
3 | time; | ||||||
4 | (B) the person committed a violation of subsection | ||||||
5 | (a) while driving a school bus with one or more | ||||||
6 | passengers on board; | ||||||
7 | (C) the person in committing a violation of | ||||||
8 | subsection (a) was involved in a motor vehicle crash | ||||||
9 | accident that resulted in great bodily harm or | ||||||
10 | permanent disability or disfigurement to another, when | ||||||
11 | the violation was a proximate cause of the injuries; | ||||||
12 | (D) the person committed a violation of subsection | ||||||
13 | (a) and has been previously convicted of violating | ||||||
14 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012 or a similar provision of a law | ||||||
16 | of another state relating to reckless homicide in | ||||||
17 | which the person was determined to have been under the | ||||||
18 | influence of alcohol, other drug or drugs, or | ||||||
19 | intoxicating compound or compounds as an element of | ||||||
20 | the offense or the person has previously been | ||||||
21 | convicted under subparagraph (C) or subparagraph (F) | ||||||
22 | of this paragraph (1); | ||||||
23 | (E) the person, in committing a violation of | ||||||
24 | subsection (a) while driving at any speed in a school | ||||||
25 | speed zone at a time when a speed limit of 20 miles per | ||||||
26 | hour was in effect under subsection (a) of Section |
| |||||||
| |||||||
1 | 11-605 of this Code, was involved in a motor vehicle | ||||||
2 | crash accident that resulted in bodily harm, other | ||||||
3 | than great bodily harm or permanent disability or | ||||||
4 | disfigurement, to another person, when the violation | ||||||
5 | of subsection (a) was a proximate cause of the bodily | ||||||
6 | harm; | ||||||
7 | (F) the person, in committing a violation of | ||||||
8 | subsection (a), was involved in a motor vehicle crash | ||||||
9 | or , snowmobile, all-terrain vehicle, or watercraft | ||||||
10 | accident that resulted in the death of another person, | ||||||
11 | when the violation of subsection (a) was a proximate | ||||||
12 | cause of the death; | ||||||
13 | (G) the person committed a violation of subsection | ||||||
14 | (a) during a period in which the defendant's driving | ||||||
15 | privileges are revoked or suspended, where the | ||||||
16 | revocation or suspension was for a violation of | ||||||
17 | subsection (a) or a similar provision, Section | ||||||
18 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
19 | reckless homicide as defined in Section 9-3 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
21 | (H) the person committed the violation while he or | ||||||
22 | she did not possess a driver's license or permit or a | ||||||
23 | restricted driving permit or a judicial driving permit | ||||||
24 | or a monitoring device driving permit; | ||||||
25 | (I) the person committed the violation while he or | ||||||
26 | she knew or should have known that the vehicle he or |
| |||||||
| |||||||
1 | she was driving was not covered by a liability | ||||||
2 | insurance policy; | ||||||
3 | (J) the person in committing a violation of | ||||||
4 | subsection (a) was involved in a motor vehicle crash | ||||||
5 | accident that resulted in bodily harm, but not great | ||||||
6 | bodily harm, to the child under the age of 16 being | ||||||
7 | transported by the person, if the violation was the | ||||||
8 | proximate cause of the injury; | ||||||
9 | (K) the person in committing a second violation of | ||||||
10 | subsection (a) or a similar provision was transporting | ||||||
11 | a person under the age of 16; or | ||||||
12 | (L) the person committed a violation of subsection | ||||||
13 | (a) of this Section while transporting one or more | ||||||
14 | passengers in a vehicle for-hire. | ||||||
15 | (2)(A) Except as provided otherwise, a person | ||||||
16 | convicted of aggravated driving under the influence of | ||||||
17 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
18 | compounds, or any combination thereof is guilty of a Class | ||||||
19 | 4 felony. | ||||||
20 | (B) A third violation of this Section or a similar | ||||||
21 | provision is a Class 2 felony. If at the time of the third | ||||||
22 | violation the alcohol concentration in his or her blood, | ||||||
23 | breath, other bodily substance, or urine was 0.16 or more | ||||||
24 | based on the definition of blood, breath, other bodily | ||||||
25 | substance, or urine units in Section 11-501.2, a mandatory | ||||||
26 | minimum of 90 days of imprisonment and a mandatory minimum |
| |||||||
| |||||||
1 | fine of $2,500 shall be imposed in addition to any other | ||||||
2 | criminal or administrative sanction. If at the time of the | ||||||
3 | third violation, the defendant was transporting a person | ||||||
4 | under the age of 16, a mandatory fine of $25,000 and 25 | ||||||
5 | days of community service in a program benefiting children | ||||||
6 | shall be imposed in addition to any other criminal or | ||||||
7 | administrative sanction. | ||||||
8 | (C) A fourth violation of this Section or a similar | ||||||
9 | provision is a Class 2 felony, for which a sentence of | ||||||
10 | probation or conditional discharge may not be imposed. If | ||||||
11 | at the time of the violation, the alcohol concentration in | ||||||
12 | the defendant's blood, breath, other bodily substance, or | ||||||
13 | urine was 0.16 or more based on the definition of blood, | ||||||
14 | breath, other bodily substance, or urine units in Section | ||||||
15 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
16 | imposed in addition to any other criminal or | ||||||
17 | administrative sanction. If at the time of the fourth | ||||||
18 | violation, the defendant was transporting a person under | ||||||
19 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
20 | community service in a program benefiting children shall | ||||||
21 | be imposed in addition to any other criminal or | ||||||
22 | administrative sanction. | ||||||
23 | (D) A fifth violation of this Section or a similar | ||||||
24 | provision is a Class 1 felony, for which a sentence of | ||||||
25 | probation or conditional discharge may not be imposed. If | ||||||
26 | at the time of the violation, the alcohol concentration in |
| |||||||
| |||||||
1 | the defendant's blood, breath, other bodily substance, or | ||||||
2 | urine was 0.16 or more based on the definition of blood, | ||||||
3 | breath, other bodily substance, or urine units in Section | ||||||
4 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
5 | imposed in addition to any other criminal or | ||||||
6 | administrative sanction. If at the time of the fifth | ||||||
7 | violation, the defendant was transporting a person under | ||||||
8 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
9 | community service in a program benefiting children shall | ||||||
10 | be imposed in addition to any other criminal or | ||||||
11 | administrative sanction. | ||||||
12 | (E) A sixth or subsequent violation of this Section or | ||||||
13 | similar provision is a Class X felony. If at the time of | ||||||
14 | the violation, the alcohol concentration in the | ||||||
15 | defendant's blood, breath, other bodily substance, or | ||||||
16 | urine was 0.16 or more based on the definition of blood, | ||||||
17 | breath, other bodily substance, or urine units in Section | ||||||
18 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
19 | imposed in addition to any other criminal or | ||||||
20 | administrative sanction. If at the time of the violation, | ||||||
21 | the defendant was transporting a person under the age of | ||||||
22 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
23 | service in a program benefiting children shall be imposed | ||||||
24 | in addition to any other criminal or administrative | ||||||
25 | sanction. | ||||||
26 | (F) For a violation of subparagraph (C) of paragraph |
| |||||||
| |||||||
1 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
2 | a term of imprisonment, shall be sentenced to not less | ||||||
3 | than one year nor more than 12 years. | ||||||
4 | (G) A violation of subparagraph (F) of paragraph (1) | ||||||
5 | of this subsection (d) is a Class 2 felony, for which the | ||||||
6 | defendant, unless the court determines that extraordinary | ||||||
7 | circumstances exist and require probation, shall be | ||||||
8 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
9 | years and not more than 14 years if the violation resulted | ||||||
10 | in the death of one person; or (ii) a term of imprisonment | ||||||
11 | of not less than 6 years and not more than 28 years if the | ||||||
12 | violation resulted in the deaths of 2 or more persons. | ||||||
13 | (H) For a violation of subparagraph (J) of paragraph | ||||||
14 | (1) of this subsection (d), a mandatory fine of $2,500, | ||||||
15 | and 25 days of community service in a program benefiting | ||||||
16 | children shall be imposed in addition to any other | ||||||
17 | criminal or administrative sanction. | ||||||
18 | (I) A violation of subparagraph (K) of paragraph (1) | ||||||
19 | of this subsection (d), is a Class 2 felony and a mandatory | ||||||
20 | fine of $2,500, and 25 days of community service in a | ||||||
21 | program benefiting children shall be imposed in addition | ||||||
22 | to any other criminal or administrative sanction. If the | ||||||
23 | child being transported suffered bodily harm, but not | ||||||
24 | great bodily harm, in a motor vehicle crash accident , and | ||||||
25 | the violation was the proximate cause of that injury, a | ||||||
26 | mandatory fine of $5,000 and 25 days of community service |
| |||||||
| |||||||
1 | in a program benefiting children shall be imposed in | ||||||
2 | addition to any other criminal or administrative sanction. | ||||||
3 | (J) A violation of subparagraph (D) of paragraph (1) | ||||||
4 | of this subsection (d) is a Class 3 felony, for which a | ||||||
5 | sentence of probation or conditional discharge may not be | ||||||
6 | imposed. | ||||||
7 | (3) Any person sentenced under this subsection (d) who | ||||||
8 | receives a term of probation or conditional discharge must | ||||||
9 | serve a minimum term of either 480 hours of community | ||||||
10 | service or 10 days of imprisonment as a condition of the | ||||||
11 | probation or conditional discharge in addition to any | ||||||
12 | other criminal or administrative sanction. | ||||||
13 | (e) Any reference to a prior violation of subsection (a) | ||||||
14 | or a similar provision includes any violation of a provision | ||||||
15 | of a local ordinance or a provision of a law of another state | ||||||
16 | or an offense committed on a military installation that is | ||||||
17 | similar to a violation of subsection (a) of this Section. | ||||||
18 | (f) The imposition of a mandatory term of imprisonment or | ||||||
19 | assignment of community service for a violation of this | ||||||
20 | Section shall not be suspended or reduced by the court. | ||||||
21 | (g) Any penalty imposed for driving with a license that | ||||||
22 | has been revoked for a previous violation of subsection (a) of | ||||||
23 | this Section shall be in addition to the penalty imposed for | ||||||
24 | any subsequent violation of subsection (a). | ||||||
25 | (h) For any prosecution under this Section, a certified | ||||||
26 | copy of the driving abstract of the defendant shall be |
| |||||||
| |||||||
1 | admitted as proof of any prior conviction.
| ||||||
2 | (Source: P.A. 101-363, eff. 8-9-19.)
| ||||||
3 | (625 ILCS 5/11-501.1)
| ||||||
4 | Sec. 11-501.1. Suspension of drivers license; statutory | ||||||
5 | summary
alcohol, other drug or drugs, or intoxicating compound | ||||||
6 | or
compounds related suspension or revocation; implied | ||||||
7 | consent. | ||||||
8 | (a) Any person who drives or is in actual physical control | ||||||
9 | of a motor
vehicle upon the public highways of this State shall | ||||||
10 | be deemed to have given
consent, subject to the provisions of | ||||||
11 | Section 11-501.2, to a chemical test or
tests of blood, | ||||||
12 | breath, other bodily substance, or urine for the purpose of | ||||||
13 | determining the content of
alcohol, other drug or drugs, or | ||||||
14 | intoxicating compound or compounds or
any combination thereof | ||||||
15 | in the person's blood if arrested,
as evidenced by the | ||||||
16 | issuance of a Uniform Traffic Ticket, for any offense
as | ||||||
17 | defined in Section 11-501 or a similar provision of a local | ||||||
18 | ordinance, or if arrested for violating Section 11-401.
If a | ||||||
19 | law enforcement officer has probable cause to believe the | ||||||
20 | person was under the influence of alcohol, other drug or | ||||||
21 | drugs, intoxicating compound or compounds, or any combination | ||||||
22 | thereof, the law enforcement officer shall request a chemical | ||||||
23 | test or tests which shall be administered at the direction of | ||||||
24 | the arresting
officer. The law enforcement agency employing | ||||||
25 | the officer shall designate which
of the aforesaid tests shall |
| |||||||
| |||||||
1 | be administered. Up to 2 additional tests of urine or other | ||||||
2 | bodily substance may be administered
even after a blood or | ||||||
3 | breath test or both has
been administered. For purposes of | ||||||
4 | this Section, an Illinois law
enforcement officer of this | ||||||
5 | State who is investigating the person for any
offense defined | ||||||
6 | in Section 11-501 may travel into an adjoining state, where
| ||||||
7 | the person has been transported for medical care, to complete | ||||||
8 | an
investigation and to request that the person submit to the | ||||||
9 | test or tests
set forth in this Section. The requirements of | ||||||
10 | this Section that the
person be arrested are inapplicable, but | ||||||
11 | the officer shall issue the person
a Uniform Traffic Ticket | ||||||
12 | for an offense as defined in Section 11-501 or a
similar | ||||||
13 | provision of a local ordinance prior to requesting that the | ||||||
14 | person
submit to the test or tests. The issuance of the Uniform | ||||||
15 | Traffic Ticket
shall not constitute an arrest, but shall be | ||||||
16 | for the purpose of notifying
the person that he or she is | ||||||
17 | subject to the provisions of this Section and
of the officer's | ||||||
18 | belief of the existence of probable cause to
arrest. Upon | ||||||
19 | returning to this State, the officer shall file the Uniform
| ||||||
20 | Traffic Ticket with the Circuit Clerk of the county where the | ||||||
21 | offense was
committed, and shall seek the issuance of an | ||||||
22 | arrest warrant or a summons
for the person. | ||||||
23 | (a-5) (Blank). | ||||||
24 | (b) Any person who is dead, unconscious, or who is | ||||||
25 | otherwise in a condition
rendering the person incapable of | ||||||
26 | refusal, shall be deemed not to have
withdrawn the consent |
| |||||||
| |||||||
1 | provided by paragraph (a) of this Section and the test or
tests | ||||||
2 | may be administered, subject to the provisions of Section | ||||||
3 | 11-501.2. | ||||||
4 | (c) A person requested to submit to a test as provided | ||||||
5 | above shall
be warned by the law enforcement officer | ||||||
6 | requesting the test that a
refusal to submit to the test will | ||||||
7 | result in the statutory summary
suspension of the person's | ||||||
8 | privilege to operate a motor vehicle, as provided
in Section | ||||||
9 | 6-208.1 of this Code, and will also result in the | ||||||
10 | disqualification of the person's privilege to operate a | ||||||
11 | commercial motor vehicle, as provided in Section 6-514 of this | ||||||
12 | Code, if the person is a CDL holder. The person shall also be | ||||||
13 | warned that a refusal to submit to the test, when the person | ||||||
14 | was involved in a motor vehicle crash accident that caused | ||||||
15 | personal injury or death to another, will result in the | ||||||
16 | statutory summary revocation of the person's privilege to | ||||||
17 | operate a motor vehicle, as provided in Section 6-208.1, and | ||||||
18 | will also result in the disqualification of the person's | ||||||
19 | privilege to operate a commercial motor vehicle, as provided | ||||||
20 | in Section 6-514 of this Code, if the person is a CDL holder. | ||||||
21 | The person shall also be warned by the law
enforcement officer | ||||||
22 | that if the person submits to the test or tests
provided in | ||||||
23 | paragraph (a) of this Section and the alcohol concentration in
| ||||||
24 | the person's blood, other bodily substance, or breath is 0.08 | ||||||
25 | or greater, or testing discloses the presence of cannabis as | ||||||
26 | listed in the Cannabis Control Act with a tetrahydrocannabinol |
| |||||||
| |||||||
1 | concentration as defined in paragraph 6 of subsection (a) of | ||||||
2 | Section 11-501.2 of this Code, or any amount of
a
drug, | ||||||
3 | substance, or compound resulting from the unlawful use or | ||||||
4 | consumption
of a controlled
substance
listed in the Illinois | ||||||
5 | Controlled Substances Act, an intoxicating compound
listed in | ||||||
6 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
7 | listed in the Methamphetamine Control and Community Protection | ||||||
8 | Act is detected in the person's
blood, other bodily substance | ||||||
9 | or urine, a statutory summary suspension of the person's | ||||||
10 | privilege to
operate a motor vehicle, as provided in Sections | ||||||
11 | 6-208.1 and 11-501.1 of this
Code, will be imposed. If the | ||||||
12 | person is also a CDL holder, he or she shall be warned by the | ||||||
13 | law
enforcement officer that if the person submits to the test | ||||||
14 | or tests
provided in paragraph (a) of this Section and the | ||||||
15 | alcohol concentration in
the person's blood, other bodily | ||||||
16 | substance, or breath is 0.08 or greater, or any amount of
a
| ||||||
17 | drug, substance, or compound resulting from the unlawful use | ||||||
18 | or consumption
of cannabis as covered by the Cannabis Control | ||||||
19 | Act, a controlled
substance
listed in the Illinois Controlled | ||||||
20 | Substances Act, an intoxicating compound
listed in the Use of | ||||||
21 | Intoxicating Compounds Act, or methamphetamine as listed in | ||||||
22 | the Methamphetamine Control and Community Protection Act is | ||||||
23 | detected in the person's
blood, other bodily substance, or | ||||||
24 | urine, a disqualification of
the person's privilege to operate | ||||||
25 | a commercial motor vehicle, as provided in Section 6-514 of | ||||||
26 | this Code, will be imposed. |
| |||||||
| |||||||
1 | A person who is under the age of 21 at the time the person | ||||||
2 | is requested to
submit to a test as provided above shall, in | ||||||
3 | addition to the warnings provided
for in this Section, be | ||||||
4 | further warned by the law enforcement officer
requesting the | ||||||
5 | test that if the person submits to the test or tests provided | ||||||
6 | in
paragraph (a) of this Section and the alcohol concentration | ||||||
7 | in the person's
blood, other bodily substance, or breath is | ||||||
8 | greater than 0.00 and less than 0.08, a
suspension of the
| ||||||
9 | person's privilege to operate a motor vehicle, as provided | ||||||
10 | under Sections
6-208.2 and 11-501.8 of this Code, will be | ||||||
11 | imposed. The results of this test
shall be admissible in a | ||||||
12 | civil or criminal action or proceeding arising from an
arrest | ||||||
13 | for an offense as defined in Section 11-501 of this Code or a | ||||||
14 | similar
provision of a local ordinance or pursuant to Section | ||||||
15 | 11-501.4 in prosecutions
for reckless homicide brought under | ||||||
16 | the Criminal Code of 1961 or the Criminal Code of 2012. These | ||||||
17 | test
results, however, shall be admissible only in actions or | ||||||
18 | proceedings directly
related to the incident upon which the | ||||||
19 | test request was made. | ||||||
20 | A person requested to submit to a test shall also | ||||||
21 | acknowledge, in writing, receipt of the warning required under | ||||||
22 | this Section. If the person refuses to acknowledge receipt of | ||||||
23 | the warning, the law enforcement officer shall make a written | ||||||
24 | notation on the warning that the person refused to sign the | ||||||
25 | warning. A person's refusal to sign the warning shall not be | ||||||
26 | evidence that the person was not read the warning. |
| |||||||
| |||||||
1 | (d) If the person refuses testing or submits to a test that | ||||||
2 | discloses
an alcohol concentration of 0.08 or more, or testing | ||||||
3 | discloses the presence of cannabis as listed in the Cannabis | ||||||
4 | Control Act with a tetrahydrocannabinol concentration as | ||||||
5 | defined in paragraph 6 of subsection (a) of Section 11-501.2 | ||||||
6 | of this Code, or any amount of a drug,
substance, or | ||||||
7 | intoxicating compound in the person's breath, blood,
other | ||||||
8 | bodily substance, or urine resulting from the
unlawful use or | ||||||
9 | consumption of a controlled substance listed in the Illinois | ||||||
10 | Controlled Substances
Act, an intoxicating compound listed in | ||||||
11 | the Use of Intoxicating Compounds
Act, or methamphetamine as | ||||||
12 | listed in the Methamphetamine Control and Community Protection | ||||||
13 | Act, the law enforcement officer shall immediately submit a | ||||||
14 | sworn report to
the
circuit court of venue and the Secretary of | ||||||
15 | State, certifying that the test or
tests was or were requested | ||||||
16 | under paragraph (a) and the person refused to
submit to a test, | ||||||
17 | or tests, or submitted to testing that disclosed an alcohol
| ||||||
18 | concentration of 0.08 or more, testing discloses the presence | ||||||
19 | of cannabis as listed in the Cannabis Control Act with a | ||||||
20 | tetrahydrocannabinol concentration as defined in paragraph 6 | ||||||
21 | of subsection (a) of Section 11-501.2 of this Code, or any | ||||||
22 | amount of a drug,
substance, or intoxicating compound in the | ||||||
23 | person's breath, blood, other bodily substance, or urine | ||||||
24 | resulting from the
unlawful use or consumption of a controlled | ||||||
25 | substance listed in the Illinois Controlled Substances
Act, an | ||||||
26 | intoxicating compound listed in the Use of Intoxicating |
| |||||||
| |||||||
1 | Compounds
Act, or methamphetamine as listed in the | ||||||
2 | Methamphetamine Control and Community Protection Act. If the | ||||||
3 | person is also a CDL holder and refuses testing or submits to a | ||||||
4 | test that discloses
an alcohol concentration of 0.08 or more, | ||||||
5 | or any amount of a drug,
substance, or intoxicating compound | ||||||
6 | in the person's breath, blood, other bodily substance, or | ||||||
7 | urine resulting from the
unlawful use or consumption of | ||||||
8 | cannabis listed in the Cannabis Control Act, a controlled | ||||||
9 | substance listed in the Illinois Controlled Substances
Act, an | ||||||
10 | intoxicating compound listed in the Use of Intoxicating | ||||||
11 | Compounds
Act, or methamphetamine as listed in the | ||||||
12 | Methamphetamine Control and Community Protection Act, the law | ||||||
13 | enforcement officer shall also immediately submit a sworn | ||||||
14 | report to
the
circuit court of venue and the Secretary of | ||||||
15 | State, certifying that the test or
tests was or were requested | ||||||
16 | under paragraph (a) and the person refused to
submit to a test, | ||||||
17 | or tests, or submitted to testing that disclosed an alcohol | ||||||
18 | concentration of 0.08 or more, or any amount of a drug,
| ||||||
19 | substance, or intoxicating compound in the person's breath, | ||||||
20 | blood, other bodily substance, or urine resulting from the
| ||||||
21 | unlawful use or consumption of cannabis listed in the Cannabis | ||||||
22 | Control Act, a controlled substance listed in the Illinois | ||||||
23 | Controlled Substances
Act, an intoxicating compound listed in | ||||||
24 | the Use of Intoxicating Compounds
Act, or methamphetamine as | ||||||
25 | listed in the Methamphetamine Control and Community Protection | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
2 | officer
submitted under paragraph (d), the Secretary of State | ||||||
3 | shall enter the
statutory summary suspension or revocation and | ||||||
4 | disqualification for the periods specified in Sections
6-208.1 | ||||||
5 | and 6-514, respectively,
and effective as provided in | ||||||
6 | paragraph (g). | ||||||
7 | If the person is a first offender as defined in Section | ||||||
8 | 11-500 of this
Code, and is not convicted of a violation of | ||||||
9 | Section 11-501
of this Code or a similar provision of a local | ||||||
10 | ordinance, then reports
received by the Secretary of State | ||||||
11 | under this Section shall, except during
the actual time the | ||||||
12 | Statutory Summary Suspension is in effect, be
privileged | ||||||
13 | information and for use only by the courts, police officers,
| ||||||
14 | prosecuting authorities or the Secretary of State, unless the | ||||||
15 | person is a CDL holder, is operating a commercial motor | ||||||
16 | vehicle or vehicle required to be placarded for hazardous | ||||||
17 | materials, in which case the suspension shall not be | ||||||
18 | privileged. Reports received by the Secretary of State under | ||||||
19 | this Section shall also be made available to the parent or | ||||||
20 | guardian of a person under the age of 18 years that holds an | ||||||
21 | instruction permit or a graduated driver's license, regardless | ||||||
22 | of whether the statutory summary suspension is in effect. A | ||||||
23 | statutory summary revocation shall not be privileged | ||||||
24 | information. | ||||||
25 | (f) The law enforcement officer submitting the sworn | ||||||
26 | report under paragraph
(d) shall serve immediate notice of the |
| |||||||
| |||||||
1 | statutory summary suspension or revocation on the
person and | ||||||
2 | the suspension or revocation and disqualification shall be | ||||||
3 | effective as provided in paragraph (g). | ||||||
4 | (1) In
cases involving a person who is not a CDL holder | ||||||
5 | where the blood alcohol concentration of 0.08 or greater | ||||||
6 | or
any amount of
a drug, substance, or compound resulting | ||||||
7 | from the unlawful use or consumption
of a controlled
| ||||||
8 | substance
listed in the Illinois Controlled Substances | ||||||
9 | Act,
an intoxicating compound
listed in the Use of | ||||||
10 | Intoxicating Compounds Act, or methamphetamine as listed | ||||||
11 | in the Methamphetamine Control and Community Protection | ||||||
12 | Act is established by a
subsequent
analysis of blood, | ||||||
13 | other bodily substance, or urine or analysis of whole | ||||||
14 | blood or other bodily substance establishes a | ||||||
15 | tetrahydrocannabinol concentration as defined in paragraph | ||||||
16 | 6 of subsection (a) of Section 11-501.2 of this Code, | ||||||
17 | collected at the time of arrest, the arresting
officer or | ||||||
18 | arresting agency shall give notice as provided in this | ||||||
19 | Section or by
deposit in the United States mail of the | ||||||
20 | notice in an envelope with postage
prepaid and addressed | ||||||
21 | to the person at his or her address as shown on the Uniform
| ||||||
22 | Traffic Ticket and the statutory summary suspension shall | ||||||
23 | begin as provided in
paragraph (g). | ||||||
24 | (1.3) In cases involving a person who is a CDL holder | ||||||
25 | where the blood alcohol concentration of 0.08 or greater | ||||||
26 | or
any amount of
a drug, substance, or compound resulting |
| |||||||
| |||||||
1 | from the unlawful use or consumption
of cannabis as | ||||||
2 | covered by the Cannabis Control Act, a controlled
| ||||||
3 | substance
listed in the Illinois Controlled Substances | ||||||
4 | Act,
an intoxicating compound
listed in the Use of | ||||||
5 | Intoxicating Compounds Act, or methamphetamine as listed | ||||||
6 | in the Methamphetamine Control and Community Protection | ||||||
7 | Act is established by a
subsequent
analysis of blood, | ||||||
8 | other bodily substance, or urine collected at the time of | ||||||
9 | arrest, the arresting
officer or arresting agency shall | ||||||
10 | give notice as provided in this Section or by
deposit in | ||||||
11 | the United States mail of the notice in an envelope with | ||||||
12 | postage
prepaid and addressed to the person at his or her | ||||||
13 | address as shown on the Uniform
Traffic Ticket and the | ||||||
14 | statutory summary suspension and disqualification shall | ||||||
15 | begin as provided in
paragraph (g). | ||||||
16 | (1.5) The officer shall confiscate any Illinois | ||||||
17 | driver's license or
permit on the person at the time of | ||||||
18 | arrest. If the person has a valid driver's
license or | ||||||
19 | permit, the officer shall issue the person a receipt, in
a | ||||||
20 | form prescribed by the Secretary of State, that will allow | ||||||
21 | that person
to drive during the periods provided for in | ||||||
22 | paragraph (g). The officer
shall immediately forward the | ||||||
23 | driver's license or permit to the circuit
court of venue | ||||||
24 | along with the sworn report provided for in
paragraph (d). | ||||||
25 | (2) (Blank). | ||||||
26 | (g) The statutory summary suspension or revocation and |
| |||||||
| |||||||
1 | disqualification
referred to in this Section shall
take effect | ||||||
2 | on the 46th day following the date the notice of the statutory
| ||||||
3 | summary suspension or revocation was given to the person. | ||||||
4 | (h) The following procedure shall apply
whenever a person | ||||||
5 | is arrested for any offense as defined in Section 11-501
or a | ||||||
6 | similar provision of a local ordinance: | ||||||
7 | Upon receipt of the sworn report from the law enforcement | ||||||
8 | officer,
the Secretary of State shall confirm the statutory | ||||||
9 | summary suspension or revocation by
mailing a notice of the | ||||||
10 | effective date of the suspension or revocation to the person | ||||||
11 | and
the court of venue. The Secretary of State shall also mail | ||||||
12 | notice of the effective date of the disqualification to the | ||||||
13 | person. However, should the sworn report be defective by not
| ||||||
14 | containing sufficient information or be completed in error, | ||||||
15 | the
confirmation of the statutory summary suspension or | ||||||
16 | revocation shall not be mailed to the
person or entered to the | ||||||
17 | record; instead, the sworn report shall
be
forwarded to the | ||||||
18 | court of venue with a copy returned to the issuing agency
| ||||||
19 | identifying any defect. | ||||||
20 | (i) As used in this Section, "personal injury" includes | ||||||
21 | any Type A injury as indicated on the traffic crash accident | ||||||
22 | report completed by a law enforcement officer that requires | ||||||
23 | immediate professional attention in either a doctor's office | ||||||
24 | or a medical facility. A Type A injury includes severely | ||||||
25 | bleeding wounds, distorted extremities, and injuries that | ||||||
26 | require the injured party to be carried from the scene. |
| |||||||
| |||||||
1 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | ||||||
2 | 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
| ||||||
3 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| ||||||
4 | Sec. 11-501.2. Chemical and other tests.
| ||||||
5 | (a) Upon the trial of any civil or criminal action or | ||||||
6 | proceeding arising out
of an arrest for an offense as defined | ||||||
7 | in Section 11-501 or a similar local
ordinance or proceedings | ||||||
8 | pursuant to Section 2-118.1, evidence of the
concentration of | ||||||
9 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
10 | compounds, or any combination thereof in a person's blood
or | ||||||
11 | breath at the time alleged, as determined by analysis of the | ||||||
12 | person's blood,
urine, breath, or other bodily substance, | ||||||
13 | shall be admissible. Where such test
is made the following | ||||||
14 | provisions shall apply:
| ||||||
15 | 1. Chemical analyses of the person's blood, urine, | ||||||
16 | breath, or other bodily
substance to be considered valid | ||||||
17 | under the provisions of this Section shall
have been | ||||||
18 | performed according to standards promulgated by the | ||||||
19 | Illinois State Police
by
a licensed physician, registered | ||||||
20 | nurse, trained phlebotomist, licensed paramedic, or other | ||||||
21 | individual
possessing a valid permit issued by that | ||||||
22 | Department for
this purpose. The Director of the Illinois | ||||||
23 | State Police is authorized to approve satisfactory
| ||||||
24 | techniques or methods, to ascertain the qualifications and | ||||||
25 | competence of
individuals to conduct such analyses, to |
| |||||||
| |||||||
1 | issue permits which shall be subject
to termination or | ||||||
2 | revocation at the discretion of that Department and to
| ||||||
3 | certify the accuracy of breath testing equipment. The | ||||||
4 | Illinois
State Police shall prescribe regulations as | ||||||
5 | necessary to
implement this
Section.
| ||||||
6 | 2. When a person in this State shall submit to a blood | ||||||
7 | test at the request
of a law enforcement officer under the | ||||||
8 | provisions of Section 11-501.1, only a
physician | ||||||
9 | authorized to practice medicine, a licensed physician | ||||||
10 | assistant, a licensed advanced practice registered nurse, | ||||||
11 | a registered nurse, trained
phlebotomist, or licensed | ||||||
12 | paramedic, or other
qualified person approved by the | ||||||
13 | Illinois State Police may withdraw blood
for the purpose | ||||||
14 | of determining the alcohol, drug, or alcohol and drug | ||||||
15 | content
therein. This limitation shall not apply to the | ||||||
16 | taking of breath, other bodily substance, or urine
| ||||||
17 | specimens.
| ||||||
18 | When a blood test of a person who has been taken to an | ||||||
19 | adjoining state
for medical treatment is requested by an | ||||||
20 | Illinois law enforcement officer,
the blood may be | ||||||
21 | withdrawn only by a physician authorized to practice
| ||||||
22 | medicine in the adjoining state, a licensed physician | ||||||
23 | assistant, a licensed advanced practice registered nurse, | ||||||
24 | a registered nurse, a trained
phlebotomist acting under | ||||||
25 | the direction of the physician, or licensed
paramedic. The | ||||||
26 | law
enforcement officer requesting the test shall take |
| |||||||
| |||||||
1 | custody of the blood
sample, and the blood sample shall be | ||||||
2 | analyzed by a laboratory certified by the
Illinois State | ||||||
3 | Police for that purpose.
| ||||||
4 | 3. The person tested may have a physician, or a | ||||||
5 | qualified technician,
chemist, registered nurse, or other | ||||||
6 | qualified person of their own choosing
administer a | ||||||
7 | chemical test or tests in addition to any administered at | ||||||
8 | the
direction of a law enforcement officer. The failure or | ||||||
9 | inability to obtain
an additional test by a person shall | ||||||
10 | not preclude the admission of evidence
relating to the | ||||||
11 | test or tests taken at the direction of a law enforcement
| ||||||
12 | officer.
| ||||||
13 | 4. Upon the request of the person who shall submit to a | ||||||
14 | chemical test
or tests at the request of a law enforcement | ||||||
15 | officer, full information
concerning the test or tests | ||||||
16 | shall be made available to the person or such
person's | ||||||
17 | attorney.
| ||||||
18 | 5. Alcohol concentration shall mean either grams of | ||||||
19 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
20 | per 210 liters of breath.
| ||||||
21 | 6. Tetrahydrocannabinol concentration means either 5 | ||||||
22 | nanograms or more of delta-9-tetrahydrocannabinol per | ||||||
23 | milliliter of whole blood or 10 nanograms or more of | ||||||
24 | delta-9-tetrahydrocannabinol per milliliter of other | ||||||
25 | bodily substance. | ||||||
26 | (a-5) Law enforcement officials may use validated roadside |
| |||||||
| |||||||
1 | chemical tests or standardized field sobriety tests approved | ||||||
2 | by the National Highway Traffic Safety Administration when | ||||||
3 | conducting investigations of a violation of Section 11-501 or | ||||||
4 | similar local ordinance by drivers suspected of driving under | ||||||
5 | the influence of cannabis. The General Assembly finds that (i) | ||||||
6 | validated roadside chemical tests are effective means to | ||||||
7 | determine if a person is under the influence of cannabis and | ||||||
8 | (ii) standardized field sobriety tests approved by the | ||||||
9 | National Highway Traffic Safety Administration are divided | ||||||
10 | attention tasks that are intended to determine if a person is | ||||||
11 | under the influence of cannabis. The purpose of these tests is | ||||||
12 | to determine the effect of the use of cannabis on a person's | ||||||
13 | capacity to think and act with ordinary care and therefore | ||||||
14 | operate a motor vehicle safely. Therefore, the results of | ||||||
15 | these validated roadside chemical tests and standardized field | ||||||
16 | sobriety tests, appropriately administered, shall be | ||||||
17 | admissible in the trial of any civil or criminal action or | ||||||
18 | proceeding arising out of an arrest for a cannabis-related | ||||||
19 | offense as defined in Section 11-501 or a similar local | ||||||
20 | ordinance or proceedings under Section 2-118.1 or 2-118.2. | ||||||
21 | Where a test is made the following provisions shall apply: | ||||||
22 | 1. The person tested may have a physician, or a | ||||||
23 | qualified technician, chemist, registered nurse, or other | ||||||
24 | qualified person of their own choosing administer a | ||||||
25 | chemical test or tests in addition to the standardized | ||||||
26 | field sobriety test or tests administered at the direction |
| |||||||
| |||||||
1 | of a law enforcement officer. The failure or inability to | ||||||
2 | obtain an additional test by a person does not preclude | ||||||
3 | the admission of evidence relating to the test or tests | ||||||
4 | taken at the direction of a law enforcement officer. | ||||||
5 | 2. Upon the request of the person who shall submit to | ||||||
6 | validated roadside chemical tests or a standardized field | ||||||
7 | sobriety test or tests at the request of a law enforcement | ||||||
8 | officer, full information concerning the test or tests | ||||||
9 | shall be made available to the person or the person's | ||||||
10 | attorney. | ||||||
11 | 3. At the trial of any civil or criminal action or | ||||||
12 | proceeding arising out of an arrest for an offense as | ||||||
13 | defined in Section 11-501 or a similar local ordinance or | ||||||
14 | proceedings under Section 2-118.1 or 2-118.2 in which the | ||||||
15 | results of these validated roadside chemical tests or | ||||||
16 | standardized field sobriety tests are admitted, the person | ||||||
17 | may present and the trier of fact may consider evidence | ||||||
18 | that the person lacked the physical capacity to perform | ||||||
19 | the validated roadside chemical tests or standardized | ||||||
20 | field sobriety tests. | ||||||
21 | (b) Upon the trial of any civil or criminal action or | ||||||
22 | proceeding arising
out of acts alleged to have been committed | ||||||
23 | by any person while driving or
in actual physical control of a | ||||||
24 | vehicle while under the influence of alcohol,
the | ||||||
25 | concentration of alcohol in the person's blood or breath at | ||||||
26 | the time
alleged as shown by analysis of the person's blood, |
| |||||||
| |||||||
1 | urine, breath, or other
bodily substance shall give rise to | ||||||
2 | the following presumptions:
| ||||||
3 | 1. If there was at that time an alcohol concentration | ||||||
4 | of 0.05 or less,
it shall be presumed that the person was | ||||||
5 | not under the influence of alcohol.
| ||||||
6 | 2. If there was at that time an alcohol concentration | ||||||
7 | in excess of 0.05
but less than 0.08, such facts shall not | ||||||
8 | give rise to any
presumption that
the person was or was not | ||||||
9 | under the influence of alcohol, but such fact
may be | ||||||
10 | considered with other competent evidence in determining | ||||||
11 | whether the
person was under the influence of alcohol.
| ||||||
12 | 3. If there was at that time an alcohol concentration | ||||||
13 | of 0.08
or more,
it shall be presumed that the person was | ||||||
14 | under the influence of alcohol.
| ||||||
15 | 4. The foregoing provisions of this Section shall not | ||||||
16 | be construed as
limiting the introduction of any other | ||||||
17 | relevant evidence bearing upon the
question whether the | ||||||
18 | person was under the influence of alcohol.
| ||||||
19 | (b-5) Upon the trial of any civil or criminal action or | ||||||
20 | proceeding arising out of acts alleged to have been committed | ||||||
21 | by any person while driving or in actual physical control of a | ||||||
22 | vehicle while under the influence of alcohol, other drug or | ||||||
23 | drugs, intoxicating compound or compounds or any combination | ||||||
24 | thereof, the concentration of cannabis in the person's whole | ||||||
25 | blood or other bodily substance at the time alleged as shown by | ||||||
26 | analysis of the person's blood or other bodily substance shall |
| |||||||
| |||||||
1 | give rise to the following presumptions: | ||||||
2 | 1. If there was a tetrahydrocannabinol concentration | ||||||
3 | of 5 nanograms or more in whole blood or 10 nanograms or | ||||||
4 | more in an other bodily substance as defined in this | ||||||
5 | Section, it shall be presumed that the person was under | ||||||
6 | the influence of cannabis. | ||||||
7 | 2. If there was at that time a tetrahydrocannabinol | ||||||
8 | concentration of less than 5 nanograms in whole blood or | ||||||
9 | less than 10 nanograms in an other bodily substance, such | ||||||
10 | facts shall not give rise to any
presumption that
the | ||||||
11 | person was or was not under the influence of cannabis, but | ||||||
12 | such fact
may be considered with other competent evidence | ||||||
13 | in determining whether the
person was under the influence | ||||||
14 | of cannabis.
| ||||||
15 | (c) 1. If a person under arrest refuses to submit to a | ||||||
16 | chemical test
under
the provisions of Section 11-501.1, | ||||||
17 | evidence of refusal shall be admissible
in any civil or | ||||||
18 | criminal action or proceeding arising out of acts alleged
to | ||||||
19 | have been committed while the person under the influence of | ||||||
20 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
21 | compounds, or
any combination thereof was driving or in actual | ||||||
22 | physical
control of a motor vehicle.
| ||||||
23 | 2. Notwithstanding any ability to refuse under this Code | ||||||
24 | to submit to
these tests or any ability to revoke the implied | ||||||
25 | consent to these tests, if a
law enforcement officer has | ||||||
26 | probable cause to believe that a motor vehicle
driven by or in |
| |||||||
| |||||||
1 | actual physical control of a person under the influence of
| ||||||
2 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
3 | compounds,
or any combination thereof
has caused the death or
| ||||||
4 | personal injury to another, the law enforcement officer shall | ||||||
5 | request, and that person shall submit, upon the request of a | ||||||
6 | law
enforcement officer, to a chemical test or tests of his or | ||||||
7 | her blood, breath, other bodily substance, or
urine for the | ||||||
8 | purpose of
determining the alcohol content thereof or the | ||||||
9 | presence of any other drug or
combination of both.
| ||||||
10 | This provision does not affect the applicability of or | ||||||
11 | imposition of driver's
license sanctions under Section | ||||||
12 | 11-501.1 of this Code.
| ||||||
13 | 3. For purposes of this Section, a personal injury | ||||||
14 | includes any Type A
injury as indicated on the traffic crash | ||||||
15 | accident report completed by a law
enforcement officer that | ||||||
16 | requires immediate professional attention in either a
doctor's | ||||||
17 | office or a medical facility. A Type A injury includes severe
| ||||||
18 | bleeding wounds, distorted extremities, and injuries that | ||||||
19 | require the injured
party to be carried from the scene.
| ||||||
20 | (d) If a person refuses validated roadside chemical tests | ||||||
21 | or standardized field sobriety tests under Section 11-501.9 of | ||||||
22 | this Code, evidence of refusal shall be admissible in any | ||||||
23 | civil or criminal action or proceeding arising out of acts | ||||||
24 | committed while the person was driving or in actual physical | ||||||
25 | control of a vehicle and alleged to have been impaired by the | ||||||
26 | use of cannabis. |
| |||||||
| |||||||
1 | (e) Illinois State Police compliance with the changes in | ||||||
2 | this amendatory Act of the 99th General Assembly concerning | ||||||
3 | testing of other bodily substances and tetrahydrocannabinol | ||||||
4 | concentration by Illinois State Police laboratories is subject | ||||||
5 | to appropriation and until the Illinois State Police adopt | ||||||
6 | standards and completion validation. Any laboratories that | ||||||
7 | test for the presence of cannabis or other drugs under this | ||||||
8 | Article, the Snowmobile Registration and Safety Act, or the | ||||||
9 | Boat Registration and Safety Act must comply with ISO/IEC | ||||||
10 | 17025:2005. | ||||||
11 | (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.)
| ||||||
12 | (625 ILCS 5/11-501.4-1)
| ||||||
13 | Sec. 11-501.4-1. Reporting of test results of blood, other | ||||||
14 | bodily substance, or urine conducted in
the regular course of | ||||||
15 | providing emergency medical treatment. | ||||||
16 | (a) Notwithstanding any other provision of law, the | ||||||
17 | results of blood, other bodily substance, or
urine
tests | ||||||
18 | performed for the purpose of determining the content of | ||||||
19 | alcohol, other
drug or drugs, or intoxicating compound or | ||||||
20 | compounds, or any combination
thereof, in an individual's | ||||||
21 | blood, other bodily substance, or urine conducted upon persons
| ||||||
22 | receiving medical treatment in a hospital emergency room for | ||||||
23 | injuries resulting
from a motor vehicle crash accident shall | ||||||
24 | be disclosed
to the Illinois State Police
or local law | ||||||
25 | enforcement agencies of jurisdiction, upon request.
Such |
| |||||||
| |||||||
1 | blood, other bodily substance, or urine tests are admissible | ||||||
2 | in evidence as a business record
exception to the hearsay rule | ||||||
3 | only in prosecutions for any violation of Section
11-501 of | ||||||
4 | this Code or a similar provision of a local ordinance, or in
| ||||||
5 | prosecutions for reckless homicide brought under the Criminal | ||||||
6 | Code of 1961 or the Criminal Code of 2012.
| ||||||
7 | (b) The confidentiality provisions of law pertaining to | ||||||
8 | medical records and
medical treatment shall not be applicable | ||||||
9 | with regard to tests performed upon
an
individual's blood, | ||||||
10 | other bodily substance, or urine under the provisions of | ||||||
11 | subsection (a) of this
Section. No person shall be liable for | ||||||
12 | civil damages or professional discipline
as a result of the | ||||||
13 | disclosure or reporting of the tests or the evidentiary
use of | ||||||
14 | an
individual's blood, other bodily substance, or urine test | ||||||
15 | results under this Section or Section 11-501.4
or as a result | ||||||
16 | of that person's testimony made available under this Section | ||||||
17 | or
Section 11-501.4, except for willful or wanton misconduct.
| ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
19 | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) | ||||||
20 | Sec. 11-501.6. Driver involvement in personal injury or | ||||||
21 | fatal motor
vehicle crash accident ; chemical test. | ||||||
22 | (a) Any person who drives or is in actual control of a | ||||||
23 | motor vehicle
upon the public highways of this State and who | ||||||
24 | has been involved in a
personal injury or fatal motor vehicle | ||||||
25 | crash accident , shall be deemed to have
given consent to a |
| |||||||
| |||||||
1 | breath test using a portable device as approved by the
| ||||||
2 | Illinois State Police or to a chemical test or tests
of blood, | ||||||
3 | breath, other bodily substance, or
urine for the purpose of | ||||||
4 | determining the content of alcohol,
other
drug or drugs, or | ||||||
5 | intoxicating compound or compounds of such
person's blood if | ||||||
6 | arrested as evidenced by the issuance of a Uniform Traffic
| ||||||
7 | Ticket for any violation of the Illinois Vehicle Code or a | ||||||
8 | similar provision of
a local ordinance, with the exception of | ||||||
9 | equipment violations contained in
Chapter 12 of this Code, or | ||||||
10 | similar provisions of local ordinances. The test
or tests | ||||||
11 | shall be administered at the direction of the arresting | ||||||
12 | officer. The
law enforcement agency employing the officer | ||||||
13 | shall designate which of the
aforesaid tests shall be | ||||||
14 | administered. Up to 2 additional tests of urine or other | ||||||
15 | bodily substance may be administered even
after a blood or | ||||||
16 | breath test or both has been administered. Compliance with
| ||||||
17 | this Section does not relieve such person from the | ||||||
18 | requirements of Section
11-501.1 of this Code. | ||||||
19 | (b) Any person who is dead, unconscious or who is | ||||||
20 | otherwise in a
condition rendering such person incapable of | ||||||
21 | refusal shall be deemed not to
have withdrawn the consent | ||||||
22 | provided by subsection (a) of this Section. In
addition, if a | ||||||
23 | driver of a vehicle is receiving medical treatment as a
result | ||||||
24 | of a motor vehicle crash accident , any physician licensed to | ||||||
25 | practice
medicine, licensed physician assistant, licensed | ||||||
26 | advanced practice registered nurse, registered nurse or a |
| |||||||
| |||||||
1 | phlebotomist acting under the direction of
a licensed | ||||||
2 | physician shall withdraw blood for testing purposes to | ||||||
3 | ascertain
the presence of alcohol, other drug or drugs, or | ||||||
4 | intoxicating
compound or compounds, upon the specific request | ||||||
5 | of a law
enforcement officer. However, no such testing shall | ||||||
6 | be performed until, in
the opinion of the medical personnel on | ||||||
7 | scene, the withdrawal can be made
without interfering with or | ||||||
8 | endangering the well-being of the patient. | ||||||
9 | (c) A person requested to submit to a test as provided | ||||||
10 | above shall be
warned by the law enforcement officer | ||||||
11 | requesting the test that a refusal to
submit to the test, or | ||||||
12 | submission to the test resulting in an alcohol
concentration | ||||||
13 | of 0.08 or more, or testing discloses the presence of cannabis | ||||||
14 | as listed in the Cannabis Control Act with a | ||||||
15 | tetrahydrocannabinol concentration as defined in paragraph 6 | ||||||
16 | of subsection (a) of Section 11-501.2 of this Code, or any | ||||||
17 | amount of a drug, substance,
or intoxicating compound
| ||||||
18 | resulting from the unlawful use or consumption of a controlled | ||||||
19 | substance listed in the Illinois
Controlled Substances Act, an | ||||||
20 | intoxicating compound listed in the Use of
Intoxicating | ||||||
21 | Compounds Act, or methamphetamine as listed in the | ||||||
22 | Methamphetamine Control and Community Protection Act as | ||||||
23 | detected in such person's blood, other bodily substance, or | ||||||
24 | urine, may
result in the suspension of such person's privilege | ||||||
25 | to operate a motor vehicle. If the person is also a CDL holder, | ||||||
26 | he or she shall be
warned by the law enforcement officer |
| |||||||
| |||||||
1 | requesting the test that a refusal to
submit to the test, or | ||||||
2 | submission to the test resulting in an alcohol
concentration | ||||||
3 | of 0.08 or more, or any amount of a drug, substance,
or | ||||||
4 | intoxicating compound
resulting from the unlawful use or | ||||||
5 | consumption of cannabis, as covered by the
Cannabis Control | ||||||
6 | Act, a controlled substance listed in the Illinois
Controlled | ||||||
7 | Substances Act, an intoxicating compound listed in the Use of
| ||||||
8 | Intoxicating Compounds Act, or methamphetamine as listed in | ||||||
9 | the Methamphetamine Control and Community Protection Act as | ||||||
10 | detected in the person's blood, other bodily substance, or | ||||||
11 | urine, may result in the disqualification of the person's | ||||||
12 | privilege to operate a commercial motor vehicle, as provided | ||||||
13 | in Section 6-514 of this Code.
The length of the suspension | ||||||
14 | shall be the same as outlined in Section
6-208.1 of this Code | ||||||
15 | regarding statutory summary suspensions. | ||||||
16 | A person requested to submit to a test shall also | ||||||
17 | acknowledge, in writing, receipt of the warning required under | ||||||
18 | this Section. If the person refuses to acknowledge receipt of | ||||||
19 | the warning, the law enforcement officer shall make a written | ||||||
20 | notation on the warning that the person refused to sign the | ||||||
21 | warning. A person's refusal to sign the warning shall not be | ||||||
22 | evidence that the person was not read the warning. | ||||||
23 | (d) If the person refuses testing or submits to a test | ||||||
24 | which discloses
an alcohol concentration of 0.08 or more, the | ||||||
25 | presence of cannabis as listed in the Cannabis Control Act | ||||||
26 | with a tetrahydrocannabinol concentration as defined in |
| |||||||
| |||||||
1 | paragraph 6 of subsection (a) of Section 11-501.2 of this | ||||||
2 | Code, or any amount of a drug,
substance,
or intoxicating | ||||||
3 | compound in such person's blood or urine resulting from the
| ||||||
4 | unlawful use or
consumption of a controlled
substance listed | ||||||
5 | in the Illinois Controlled Substances Act, an
intoxicating
| ||||||
6 | compound listed in the Use of Intoxicating Compounds Act, or | ||||||
7 | methamphetamine as listed in the Methamphetamine Control and | ||||||
8 | Community Protection Act, the law
enforcement officer shall | ||||||
9 | immediately submit a sworn report to the Secretary of
State on | ||||||
10 | a form prescribed by the Secretary, certifying that the test | ||||||
11 | or tests
were requested under subsection (a) and the person | ||||||
12 | refused to submit to a
test or tests or submitted to testing | ||||||
13 | which disclosed an alcohol concentration
of 0.08 or more, the | ||||||
14 | presence of cannabis as listed in the Cannabis Control Act | ||||||
15 | with a tetrahydrocannabinol concentration as defined in | ||||||
16 | paragraph 6 of subsection (a) of Section 11-501.2 of this | ||||||
17 | Code, or any amount of a drug, substance, or intoxicating
| ||||||
18 | compound
in such
person's blood, other bodily substance, or | ||||||
19 | urine, resulting from the unlawful use or consumption of
a | ||||||
20 | controlled substance
listed in
the Illinois Controlled | ||||||
21 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
22 | Intoxicating Compounds Act, or methamphetamine as listed in | ||||||
23 | the Methamphetamine Control and Community Protection Act. If | ||||||
24 | the person is also a CDL holder and refuses testing or submits | ||||||
25 | to a test which discloses
an alcohol concentration of 0.08 or | ||||||
26 | more, or any amount of a drug,
substance,
or intoxicating |
| |||||||
| |||||||
1 | compound in the person's blood, other bodily substance, or | ||||||
2 | urine resulting from the
unlawful use or
consumption of | ||||||
3 | cannabis listed in the Cannabis Control Act, a controlled
| ||||||
4 | substance listed in the Illinois Controlled Substances Act, an
| ||||||
5 | intoxicating
compound listed in the Use of Intoxicating | ||||||
6 | Compounds Act, or methamphetamine as listed in the | ||||||
7 | Methamphetamine Control and Community Protection Act, the law
| ||||||
8 | enforcement officer shall immediately submit a sworn report to | ||||||
9 | the Secretary of
State on a form prescribed by the Secretary, | ||||||
10 | certifying that the test or tests
were requested under | ||||||
11 | subsection (a) and the person refused to submit to a
test or | ||||||
12 | tests or submitted to testing which disclosed an alcohol | ||||||
13 | concentration
of 0.08 or more, or any amount of a drug, | ||||||
14 | substance, or intoxicating
compound
in such
person's blood, | ||||||
15 | other bodily substance, or urine, resulting from the unlawful | ||||||
16 | use or consumption of
cannabis listed in the Cannabis Control | ||||||
17 | Act, a controlled substance
listed in
the Illinois Controlled | ||||||
18 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
19 | Intoxicating Compounds Act, or methamphetamine as listed in | ||||||
20 | the Methamphetamine Control and Community Protection Act. | ||||||
21 | Upon receipt of the sworn report of a law enforcement | ||||||
22 | officer, the
Secretary shall enter the suspension and | ||||||
23 | disqualification to the individual's driving record and the
| ||||||
24 | suspension and disqualification shall be effective on the 46th | ||||||
25 | day following the date notice of the
suspension was given to | ||||||
26 | the person. |
| |||||||
| |||||||
1 | The law enforcement officer submitting the sworn report | ||||||
2 | shall serve immediate
notice of this suspension on the person | ||||||
3 | and such suspension and disqualification shall be effective
on | ||||||
4 | the 46th day following the date notice was given. | ||||||
5 | In cases involving a person who is not a CDL holder where | ||||||
6 | the blood alcohol concentration of 0.08 or more,
or blood | ||||||
7 | testing discloses the presence of cannabis as listed in the | ||||||
8 | Cannabis Control Act with a tetrahydrocannabinol concentration | ||||||
9 | as defined in paragraph 6 of subsection (a) of Section | ||||||
10 | 11-501.2 of this Code, or any amount
of a drug, substance, or | ||||||
11 | intoxicating compound resulting from the unlawful
use or
| ||||||
12 | consumption of a
controlled
substance listed in the Illinois | ||||||
13 | Controlled Substances Act,
an
intoxicating
compound listed in | ||||||
14 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
15 | listed in the Methamphetamine Control and Community Protection | ||||||
16 | Act, is established by a
subsequent analysis of blood, other | ||||||
17 | bodily substance, or urine collected at the time of arrest, | ||||||
18 | the
arresting officer shall give notice as provided in this | ||||||
19 | Section or by deposit
in the United States mail of such notice | ||||||
20 | in an envelope with postage prepaid
and addressed to such | ||||||
21 | person at his or her address as shown on the Uniform Traffic
| ||||||
22 | Ticket and the suspension shall be effective on the 46th day | ||||||
23 | following the date
notice was given. | ||||||
24 | In cases involving a person who is a CDL holder where the | ||||||
25 | blood alcohol concentration of 0.08 or more,
or any amount
of a | ||||||
26 | drug, substance, or intoxicating compound resulting from the |
| |||||||
| |||||||
1 | unlawful
use or
consumption of cannabis as listed in the | ||||||
2 | Cannabis Control Act, a
controlled
substance listed in the | ||||||
3 | Illinois Controlled Substances Act,
an
intoxicating
compound | ||||||
4 | listed in the Use of Intoxicating Compounds Act, or | ||||||
5 | methamphetamine as listed in the Methamphetamine Control and | ||||||
6 | Community Protection Act, is established by a
subsequent | ||||||
7 | analysis of blood, other bodily substance, or urine collected | ||||||
8 | at the time of arrest, the
arresting officer shall give notice | ||||||
9 | as provided in this Section or by deposit
in the United States | ||||||
10 | mail of such notice in an envelope with postage prepaid
and | ||||||
11 | addressed to the person at his or her address as shown on the | ||||||
12 | Uniform Traffic
Ticket and the suspension and disqualification | ||||||
13 | shall be effective on the 46th day following the date
notice | ||||||
14 | was given. | ||||||
15 | Upon receipt of the sworn report of a law enforcement | ||||||
16 | officer, the Secretary
shall also give notice of the | ||||||
17 | suspension and disqualification to the driver by mailing a | ||||||
18 | notice of
the effective date of the suspension and | ||||||
19 | disqualification to the individual. However, should the
sworn | ||||||
20 | report be defective by not containing sufficient information | ||||||
21 | or be
completed in error, the notice of the suspension and | ||||||
22 | disqualification shall not be mailed to the
person or entered | ||||||
23 | to the driving record, but rather the sworn report shall be
| ||||||
24 | returned to the issuing law enforcement agency. | ||||||
25 | (e) A driver may contest this suspension of his or her
| ||||||
26 | driving privileges and disqualification of his or her CDL |
| |||||||
| |||||||
1 | privileges by
requesting an administrative hearing with the | ||||||
2 | Secretary in accordance with
Section 2-118 of this Code. At | ||||||
3 | the conclusion of a hearing held under
Section 2-118 of this | ||||||
4 | Code, the Secretary may rescind, continue, or modify the
| ||||||
5 | orders
of suspension and disqualification. If the Secretary | ||||||
6 | does not rescind the orders of suspension and | ||||||
7 | disqualification, a restricted
driving permit may be granted | ||||||
8 | by the Secretary upon application being made and
good cause | ||||||
9 | shown. A restricted driving permit may be granted to relieve | ||||||
10 | undue
hardship to allow driving for employment, educational, | ||||||
11 | and medical purposes as
outlined in Section 6-206 of this | ||||||
12 | Code. The provisions of Section 6-206 of
this Code shall | ||||||
13 | apply. In accordance with 49 C.F.R. 384, the Secretary of | ||||||
14 | State may not issue a restricted driving permit for the | ||||||
15 | operation of a commercial motor vehicle to a person holding a | ||||||
16 | CDL whose driving privileges have been suspended, revoked, | ||||||
17 | cancelled, or disqualified.
| ||||||
18 | (f) (Blank). | ||||||
19 | (g) For the purposes of this Section, a personal injury | ||||||
20 | shall include
any type A injury as indicated on the traffic | ||||||
21 | crash accident report completed
by a law enforcement officer | ||||||
22 | that requires immediate professional attention
in either a | ||||||
23 | doctor's office or a medical facility. A type A injury shall
| ||||||
24 | include severely bleeding wounds, distorted extremities, and | ||||||
25 | injuries that
require the injured party to be carried from the | ||||||
26 | scene. |
| |||||||
| |||||||
1 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
2 | (625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)
| ||||||
3 | Sec. 11-501.7.
(a) As a condition of probation or | ||||||
4 | discharge of a
person convicted of a violation of Section | ||||||
5 | 11-501 of this Code, who was
less than 21 years of age at the | ||||||
6 | time of the offense, or a person
adjudicated delinquent | ||||||
7 | pursuant to the Juvenile Court Act of 1987, for violation of
| ||||||
8 | Section 11-501 of this Code, the Court may order the offender | ||||||
9 | to
participate in the Youthful Intoxicated Drivers' Visitation | ||||||
10 | Program.
The Program shall consist of a supervised visitation | ||||||
11 | as provided
by this Section by the person to at least one of | ||||||
12 | the following, to the
extent that personnel and facilities are | ||||||
13 | available:
| ||||||
14 | (1) A State or private rehabilitation facility that | ||||||
15 | cares for victims
of motor vehicle crashes accidents | ||||||
16 | involving persons under the influence of alcohol.
| ||||||
17 | (2) A facility which cares for advanced alcoholics to | ||||||
18 | observe
persons in the terminal stages of alcoholism, | ||||||
19 | under the supervision of
appropriately licensed medical | ||||||
20 | personnel.
| ||||||
21 | (3) If approved by the coroner of the county where the | ||||||
22 | person resides,
the county coroner's office or the county | ||||||
23 | morgue to observe appropriate
victims of motor vehicle | ||||||
24 | crashes accidents involving persons under the influence of
| ||||||
25 | alcohol, under the supervision of the coroner or deputy |
| |||||||
| |||||||
1 | coroner.
| ||||||
2 | (b) The Program shall be operated by the appropriate | ||||||
3 | probation
authorities of the courts of the various circuits. | ||||||
4 | The youthful offender
ordered to participate in the Program | ||||||
5 | shall bear all costs associated with
participation in the | ||||||
6 | Program. A parent or guardian of the offender may
assume the | ||||||
7 | obligation of the offender to pay the costs of the Program. The
| ||||||
8 | court may waive the requirement that the offender pay the | ||||||
9 | costs of
participation in the Program upon a finding of | ||||||
10 | indigency.
| ||||||
11 | (c) As used in this Section, "appropriate victims" means | ||||||
12 | victims whose
condition is determined by the visit supervisor | ||||||
13 | to demonstrate the results of
motor vehicle crashes accidents | ||||||
14 | involving persons under the influence of alcohol
without being | ||||||
15 | excessively gruesome or traumatic to the observer.
| ||||||
16 | (d) Any visitation shall include, before any observation | ||||||
17 | of victims or
persons with disabilities, a comprehensive | ||||||
18 | counseling session with the visitation
supervisor at which the | ||||||
19 | supervisor shall explain and discuss the
experiences which may | ||||||
20 | be encountered during the visitation in order to
ascertain | ||||||
21 | whether the visitation is appropriate.
| ||||||
22 | (Source: P.A. 101-81, eff. 7-12-19.)
| ||||||
23 | (625 ILCS 5/11-501.8)
| ||||||
24 | Sec. 11-501.8. Suspension of driver's license; persons | ||||||
25 | under age 21.
|
| |||||||
| |||||||
1 | (a) A person who is less than 21 years of age and who | ||||||
2 | drives or
is in actual physical control of a motor vehicle upon | ||||||
3 | the
public highways of this State shall be deemed to have given | ||||||
4 | consent to a
chemical test or tests of blood, breath, other | ||||||
5 | bodily substance, or urine for the purpose of
determining the | ||||||
6 | alcohol content of the person's blood if arrested, as | ||||||
7 | evidenced
by the issuance of a Uniform Traffic Ticket for any | ||||||
8 | violation of the Illinois
Vehicle Code or a similar provision | ||||||
9 | of a local ordinance, if a police officer
has probable cause to | ||||||
10 | believe that the driver has consumed any amount of an
| ||||||
11 | alcoholic beverage based upon evidence of the driver's | ||||||
12 | physical condition or
other first hand knowledge of the police | ||||||
13 | officer. The test or tests shall be
administered at the | ||||||
14 | direction of the arresting officer. The law enforcement
agency | ||||||
15 | employing the officer shall designate which of the aforesaid | ||||||
16 | tests shall
be administered. Up to 2 additional tests of urine | ||||||
17 | or other bodily substance may be administered even after a | ||||||
18 | blood or
breath test or both has been administered.
| ||||||
19 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
20 | in a condition
rendering that person incapable of refusal, | ||||||
21 | shall be deemed not to have
withdrawn the consent provided by | ||||||
22 | paragraph (a) of this Section and the test or
tests may be | ||||||
23 | administered subject to the following provisions:
| ||||||
24 | (i) Chemical analysis of the person's blood, urine, | ||||||
25 | breath, or
other bodily substance, to be considered valid | ||||||
26 | under the provisions of this
Section, shall have been |
| |||||||
| |||||||
1 | performed according to standards promulgated by the | ||||||
2 | Illinois State Police
by an individual possessing a valid | ||||||
3 | permit issued by that Department for this
purpose. The | ||||||
4 | Director of the Illinois State Police is authorized to | ||||||
5 | approve satisfactory
techniques or methods, to ascertain | ||||||
6 | the qualifications and competence of
individuals to | ||||||
7 | conduct analyses, to issue permits that shall be subject | ||||||
8 | to
termination or revocation at the direction of that | ||||||
9 | Department, and to certify
the accuracy of breath testing | ||||||
10 | equipment. The Illinois State Police shall prescribe | ||||||
11 | regulations as necessary.
| ||||||
12 | (ii) When a person submits to a blood test at the | ||||||
13 | request of a law
enforcement officer under the provisions | ||||||
14 | of this Section, only a physician
authorized to practice | ||||||
15 | medicine, a licensed physician assistant, a licensed | ||||||
16 | advanced practice registered nurse, a registered nurse, or | ||||||
17 | other qualified person
trained in venipuncture and acting | ||||||
18 | under the direction of a licensed physician
may withdraw | ||||||
19 | blood for the purpose of determining the alcohol content | ||||||
20 | therein.
This limitation does not apply to the taking of | ||||||
21 | breath, other bodily substance, or urine specimens.
| ||||||
22 | (iii) The person tested may have a physician, | ||||||
23 | qualified technician,
chemist, registered nurse, or other | ||||||
24 | qualified person of his or her own choosing
administer a | ||||||
25 | chemical test or tests in addition to any test or tests
| ||||||
26 | administered at the direction of a law enforcement |
| |||||||
| |||||||
1 | officer. The failure or
inability to obtain an additional | ||||||
2 | test by a person shall not preclude the
consideration of | ||||||
3 | the previously performed chemical test.
| ||||||
4 | (iv) Upon a request of the person who submits to a | ||||||
5 | chemical test or
tests at the request of a law enforcement | ||||||
6 | officer, full information concerning
the test or tests | ||||||
7 | shall be made available to the person or that person's
| ||||||
8 | attorney.
| ||||||
9 | (v) Alcohol concentration means either grams of | ||||||
10 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
11 | per 210 liters of breath.
| ||||||
12 | (vi) If a driver is receiving medical treatment as a | ||||||
13 | result of a motor
vehicle crashes accident , a physician | ||||||
14 | licensed to practice medicine, licensed physician | ||||||
15 | assistant, licensed advanced practice registered nurse, | ||||||
16 | registered nurse,
or other qualified person trained in | ||||||
17 | venipuncture and
acting under the direction of a licensed | ||||||
18 | physician shall
withdraw blood for testing purposes to | ||||||
19 | ascertain the presence of alcohol upon
the specific | ||||||
20 | request of a law enforcement officer. However, that | ||||||
21 | testing
shall not be performed until, in the opinion of | ||||||
22 | the medical personnel on scene,
the withdrawal can be made | ||||||
23 | without interfering with or endangering the
well-being of | ||||||
24 | the patient.
| ||||||
25 | (c) A person requested to submit to a test as provided | ||||||
26 | above shall be warned
by the law enforcement officer |
| |||||||
| |||||||
1 | requesting the test that a refusal to submit to
the test, or | ||||||
2 | submission to the test resulting in an alcohol concentration | ||||||
3 | of
more than 0.00, may result in the loss of that person's | ||||||
4 | privilege to operate a
motor vehicle and may result in the | ||||||
5 | disqualification of the person's privilege to operate a | ||||||
6 | commercial motor vehicle, as provided in Section 6-514 of this | ||||||
7 | Code, if the person is a CDL holder. The loss of driving | ||||||
8 | privileges shall be imposed in accordance
with Section 6-208.2 | ||||||
9 | of this Code.
| ||||||
10 | A person requested to submit to a test shall also | ||||||
11 | acknowledge, in writing, receipt of the warning required under | ||||||
12 | this Section. If the person refuses to acknowledge receipt of | ||||||
13 | the warning, the law enforcement officer shall make a written | ||||||
14 | notation on the warning that the person refused to sign the | ||||||
15 | warning. A person's refusal to sign the warning shall not be | ||||||
16 | evidence that the person was not read the warning. | ||||||
17 | (d) If the person refuses testing or submits to a test that | ||||||
18 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
19 | enforcement officer shall
immediately submit a sworn report to | ||||||
20 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
21 | State, certifying that the test or tests were
requested under | ||||||
22 | subsection (a) and the person refused to submit to a test
or | ||||||
23 | tests or submitted to testing which disclosed an alcohol | ||||||
24 | concentration of
more than 0.00. The law enforcement officer | ||||||
25 | shall submit the same sworn report
when a person under the age | ||||||
26 | of 21 submits to testing under Section
11-501.1 of this Code |
| |||||||
| |||||||
1 | and the testing discloses an alcohol concentration of
more | ||||||
2 | than 0.00 and less than 0.08.
| ||||||
3 | Upon receipt of the sworn report of a law enforcement | ||||||
4 | officer, the Secretary
of State shall enter the suspension and | ||||||
5 | disqualification on the individual's driving
record and the | ||||||
6 | suspension and disqualification shall be effective on the 46th | ||||||
7 | day following the date
notice of the suspension was given to | ||||||
8 | the person. If this suspension is the
individual's first | ||||||
9 | driver's license suspension under this Section, reports
| ||||||
10 | received by the Secretary of State under this Section shall, | ||||||
11 | except during the
time the suspension is in effect, be | ||||||
12 | privileged information and for use only by
the courts, police | ||||||
13 | officers, prosecuting authorities, the Secretary of State,
or | ||||||
14 | the individual personally, unless the person is a CDL holder, | ||||||
15 | is operating a commercial motor vehicle or vehicle required to | ||||||
16 | be placarded for hazardous materials, in which case the | ||||||
17 | suspension shall not be privileged.
Reports received by the | ||||||
18 | Secretary of State under this Section shall also be made | ||||||
19 | available to the parent or guardian of a person under the age | ||||||
20 | of 18 years that holds an instruction permit or a graduated | ||||||
21 | driver's license, regardless of whether the suspension is in | ||||||
22 | effect.
| ||||||
23 | The law enforcement officer submitting the sworn report | ||||||
24 | shall serve immediate
notice of this suspension on the person | ||||||
25 | and the suspension and disqualification shall
be effective on | ||||||
26 | the 46th day following the date notice was given.
|
| |||||||
| |||||||
1 | In cases where the blood alcohol concentration of more | ||||||
2 | than 0.00 is
established by a subsequent analysis of blood, | ||||||
3 | other bodily substance, or urine, the police officer or
| ||||||
4 | arresting agency shall give notice as provided in this Section | ||||||
5 | or by deposit
in the United States mail of that notice in an | ||||||
6 | envelope with postage prepaid
and addressed to that person at | ||||||
7 | his last known address and the loss of driving
privileges | ||||||
8 | shall be effective on the 46th day following the date notice | ||||||
9 | was
given.
| ||||||
10 | Upon receipt of the sworn report of a law enforcement | ||||||
11 | officer, the Secretary
of State shall also give notice of the | ||||||
12 | suspension and disqualification to the driver
by mailing a | ||||||
13 | notice of the effective date of the suspension and | ||||||
14 | disqualification to the individual.
However, should the sworn | ||||||
15 | report be defective by not containing sufficient
information | ||||||
16 | or be completed in error, the notice of the suspension and | ||||||
17 | disqualification shall not be mailed to the person or entered | ||||||
18 | to the driving record,
but rather the sworn report shall be | ||||||
19 | returned to the issuing law enforcement
agency.
| ||||||
20 | (e) A driver may contest this suspension and | ||||||
21 | disqualification by requesting an
administrative hearing with | ||||||
22 | the Secretary of State in accordance with Section
2-118 of | ||||||
23 | this Code. An individual whose blood alcohol concentration is | ||||||
24 | shown
to be more than 0.00 is not subject to this Section if he | ||||||
25 | or she consumed
alcohol in the performance of a religious | ||||||
26 | service or ceremony. An individual
whose blood alcohol |
| |||||||
| |||||||
1 | concentration is shown to be more than 0.00 shall not be
| ||||||
2 | subject to this Section if the individual's blood alcohol | ||||||
3 | concentration
resulted only from ingestion of the prescribed | ||||||
4 | or recommended dosage of
medicine that contained alcohol. The | ||||||
5 | petition for that hearing shall not stay
or delay the | ||||||
6 | effective date of the impending suspension. The scope of this
| ||||||
7 | hearing shall be limited to the issues of:
| ||||||
8 | (1) whether the police officer had probable cause to | ||||||
9 | believe that the
person was driving or in actual physical | ||||||
10 | control of a motor vehicle upon the
public highways of the | ||||||
11 | State and the police officer had reason to believe that
| ||||||
12 | the person was in violation of any provision of the | ||||||
13 | Illinois Vehicle Code or a
similar provision of a local | ||||||
14 | ordinance; and
| ||||||
15 | (2) whether the person was issued a Uniform Traffic | ||||||
16 | Ticket for any
violation of the Illinois Vehicle Code or a | ||||||
17 | similar provision of a local
ordinance; and
| ||||||
18 | (3) whether the police officer had probable cause to | ||||||
19 | believe that the
driver
had consumed any amount of an | ||||||
20 | alcoholic beverage based upon the driver's
physical | ||||||
21 | actions or other first-hand knowledge of the police | ||||||
22 | officer; and
| ||||||
23 | (4) whether the person, after being advised by the | ||||||
24 | officer that the
privilege to operate a motor vehicle | ||||||
25 | would be suspended if the person refused
to submit to and | ||||||
26 | complete the test or tests, did refuse to submit to or
|
| |||||||
| |||||||
1 | complete the test or tests to determine the person's | ||||||
2 | alcohol concentration;
and
| ||||||
3 | (5) whether the person, after being advised by the | ||||||
4 | officer that the
privileges to operate a motor vehicle | ||||||
5 | would be suspended if the person submits
to a chemical | ||||||
6 | test or tests and the test or tests disclose an alcohol
| ||||||
7 | concentration of more than 0.00, did submit to and
| ||||||
8 | complete the
test or tests that determined an alcohol | ||||||
9 | concentration of more than 0.00; and
| ||||||
10 | (6) whether the test result of an alcohol | ||||||
11 | concentration of more than 0.00
was based upon the | ||||||
12 | person's consumption of alcohol in the performance of a
| ||||||
13 | religious service or ceremony; and
| ||||||
14 | (7) whether the test result of an alcohol | ||||||
15 | concentration of more than 0.00
was based upon the | ||||||
16 | person's consumption of alcohol through ingestion of the
| ||||||
17 | prescribed or recommended dosage of medicine.
| ||||||
18 | At the conclusion of the hearing held under Section 2-118 | ||||||
19 | of
this Code, the Secretary of State may rescind, continue, or | ||||||
20 | modify the suspension and disqualification. If the Secretary | ||||||
21 | of State does not rescind the suspension and disqualification, | ||||||
22 | a
restricted driving permit may be granted by the Secretary of | ||||||
23 | State upon
application being made and good cause shown. A | ||||||
24 | restricted driving permit may be
granted to relieve undue | ||||||
25 | hardship by allowing driving for employment,
educational, and | ||||||
26 | medical purposes as outlined in item (3) of part (c) of
Section |
| |||||||
| |||||||
1 | 6-206 of this Code. The provisions of item (3) of part (c) of | ||||||
2 | Section
6-206 of this Code and of subsection (f) of that | ||||||
3 | Section shall apply. The Secretary of State shall promulgate | ||||||
4 | rules
providing for participation in an alcohol education and | ||||||
5 | awareness program or
activity, a drug education and awareness | ||||||
6 | program or activity, or both as a
condition to the issuance of | ||||||
7 | a restricted driving permit for suspensions
imposed under this | ||||||
8 | Section.
| ||||||
9 | (f) The results of any chemical testing performed in | ||||||
10 | accordance with
subsection (a) of this Section are not | ||||||
11 | admissible in any civil or criminal
proceeding, except that | ||||||
12 | the results of the testing may be considered at a
hearing held | ||||||
13 | under Section 2-118 of this Code. However, the results of
the | ||||||
14 | testing may not be used to impose driver's license sanctions | ||||||
15 | under
Section 11-501.1 of this Code. A law enforcement officer | ||||||
16 | may, however, pursue
a statutory summary suspension or | ||||||
17 | revocation of driving privileges under Section 11-501.1 of
| ||||||
18 | this Code if other physical evidence or first hand knowledge | ||||||
19 | forms the basis
of that suspension or revocation.
| ||||||
20 | (g) This Section applies only to drivers who are under
age | ||||||
21 | 21 at the time of the issuance of a Uniform Traffic Ticket for | ||||||
22 | a
violation of the Illinois Vehicle Code or a similar | ||||||
23 | provision of a local
ordinance, and a chemical test request is | ||||||
24 | made under this Section.
| ||||||
25 | (h) The action of the Secretary of State in suspending, | ||||||
26 | revoking, cancelling, or
disqualifying any license or
permit |
| |||||||
| |||||||
1 | shall be
subject to judicial review in the Circuit Court of | ||||||
2 | Sangamon County or in the
Circuit Court of Cook County, and the | ||||||
3 | provisions of the Administrative Review
Law and its rules are | ||||||
4 | hereby adopted and shall apply to and govern every action
for | ||||||
5 | the judicial review of final acts or decisions of the | ||||||
6 | Secretary of State
under this Section.
| ||||||
7 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
8 | (625 ILCS 5/11-506) | ||||||
9 | Sec. 11-506. Street racing; aggravated street racing. | ||||||
10 | (a) No person shall engage in street racing on any street | ||||||
11 | or highway of this State. | ||||||
12 | (b) No owner of any vehicle shall acquiesce in or permit | ||||||
13 | his or her vehicle to be used by another for the purpose of | ||||||
14 | street racing. | ||||||
15 | (c) For the purposes of this Section, the following words | ||||||
16 | shall have the meanings ascribed to them: | ||||||
17 | "Acquiesce" or "permit" means actual knowledge that the | ||||||
18 | motor vehicle was to be used for the purpose of street racing. | ||||||
19 | "Street racing" means: | ||||||
20 | (1) The operation of 2 or more vehicles from a point | ||||||
21 | side by side at accelerating speeds in a competitive | ||||||
22 | attempt to outdistance each other; or | ||||||
23 | (2) The operation of one or more vehicles over a | ||||||
24 | common selected course, each starting at the same point, | ||||||
25 | for the purpose of comparing the relative speeds or power |
| |||||||
| |||||||
1 | of acceleration of such vehicle or vehicles within a | ||||||
2 | certain distance or time limit; or | ||||||
3 | (3) The use of one or more vehicles in an attempt to | ||||||
4 | outgain or outdistance another vehicle; or | ||||||
5 | (4) The use of one or more vehicles to prevent another | ||||||
6 | vehicle from passing; or | ||||||
7 | (5) The use of one or more vehicles to arrive at a | ||||||
8 | given destination ahead of another vehicle or vehicles; or | ||||||
9 | (6) The use of one or more vehicles to test the | ||||||
10 | physical stamina or endurance of drivers over | ||||||
11 | long-distance driving routes. | ||||||
12 | (d) Penalties. | ||||||
13 | (1) Any person who is convicted of a violation of | ||||||
14 | subsection (a) shall be guilty of a Class A misdemeanor | ||||||
15 | for the first offense and shall be subject to a minimum | ||||||
16 | fine of $250. Any person convicted of a violation of | ||||||
17 | subsection (a) a second or subsequent time shall be guilty | ||||||
18 | of a Class 4 felony and shall be subject to a minimum fine | ||||||
19 | of $500. The driver's license of any person convicted of | ||||||
20 | subsection (a) shall be revoked in the manner provided by | ||||||
21 | Section 6-205 of this Code. | ||||||
22 | (2) Any person who is convicted of a violation of | ||||||
23 | subsection (b) shall be guilty of a Class B misdemeanor. | ||||||
24 | Any person who is convicted of subsection (b) for a second | ||||||
25 | or subsequent time shall be guilty of a Class A | ||||||
26 | misdemeanor. |
| |||||||
| |||||||
1 | (3) Every person convicted of committing a violation | ||||||
2 | of subsection (a) of this Section shall be guilty of | ||||||
3 | aggravated street racing if the person, in committing a | ||||||
4 | violation of subsection (a) was involved in a motor | ||||||
5 | vehicle crashes accident that resulted in great bodily | ||||||
6 | harm or permanent disability or disfigurement to another, | ||||||
7 | where the violation was a proximate cause of the injury. | ||||||
8 | Aggravated street racing is a Class 4 felony for which the | ||||||
9 | defendant, if sentenced to a term of imprisonment shall be | ||||||
10 | sentenced to not less than one year nor more than 12 years.
| ||||||
11 | (Source: P.A. 95-310, eff. 1-1-08.)
| ||||||
12 | (625 ILCS 5/11-610) (from Ch. 95 1/2, par. 11-610)
| ||||||
13 | Sec. 11-610. Charging Violations and Rule in Civil | ||||||
14 | Actions. (a) In every charge of violation of
any speed | ||||||
15 | regulation in this article the complaint, and
also the summons | ||||||
16 | or notice to appear, shall specify the
speed at which the | ||||||
17 | defendant is alleged to have driven and
the maximum speed | ||||||
18 | applicable within the district or at the location.
| ||||||
19 | (b) The provision of this article
declaring maximum speed | ||||||
20 | limitations
shall not be construed to relieve the plaintiff in | ||||||
21 | any
action from the burden of proving negligence on the
part of | ||||||
22 | the defendant as the proximate cause of a crash an accident .
| ||||||
23 | (Source: P.A. 79-1069.)
| ||||||
24 | (625 ILCS 5/11-1431) |
| |||||||
| |||||||
1 | Sec. 11-1431. Solicitations at crash accident or | ||||||
2 | disablement scene prohibited. | ||||||
3 | (a) A tower, as defined by Section 1-205.2 of this Code, or | ||||||
4 | an employee or agent of a tower may not: (i) stop at the scene | ||||||
5 | of a motor vehicle crash accident or at or near a damaged or | ||||||
6 | disabled vehicle for the purpose of soliciting the owner or | ||||||
7 | operator of the damaged or disabled vehicle to enter into a | ||||||
8 | towing service transaction; or (ii) stop at the scene of a | ||||||
9 | crash an accident or at or near a damaged or disabled vehicle | ||||||
10 | unless called to the location by a law enforcement officer, | ||||||
11 | the Illinois Department of Transportation, the Illinois State | ||||||
12 | Toll Highway Authority, a local agency having jurisdiction | ||||||
13 | over the highway, the
owner or operator of the damaged or | ||||||
14 | disabled vehicle, or the owner or operator's authorized agent, | ||||||
15 | including his or her insurer or motor club of which the owner | ||||||
16 | or operator is a member. This Section shall not apply to | ||||||
17 | employees of the Department, the Illinois State Toll Highway | ||||||
18 | Authority, or local agencies when engaged in their official | ||||||
19 | duties. Nothing in this Section shall prevent a tower from | ||||||
20 | stopping at the scene of a motor vehicle crash accident or at | ||||||
21 | or near a
damaged or disabled vehicle if the owner or operator | ||||||
22 | signals the tower for assistance from the location of the | ||||||
23 | motor vehicle crash accident or damaged or disabled vehicle.
| ||||||
24 | (b) A person or company who violates this Section is | ||||||
25 | guilty of a Class 4 felony. A person convicted of violating | ||||||
26 | this Section shall also have his or her driver's license, |
| |||||||
| |||||||
1 | permit, or privileges suspended for 3 months. After the | ||||||
2 | expiration of the 3-month suspension, the person's driver's | ||||||
3 | license, permit, or privileges shall not be reinstated until | ||||||
4 | he or she has paid a reinstatement fee of $100. If a person | ||||||
5 | violates this Section while his or her driver's license, | ||||||
6 | permit, or privileges are suspended under this subsection (b), | ||||||
7 | his or her driver's license, permit, or privileges shall be | ||||||
8 | suspended for an additional 6 months, and shall not be | ||||||
9 | reinstated after the expiration of the 6-month suspension | ||||||
10 | until he or she pays a reinstatement fee of $100. A vehicle | ||||||
11 | owner, or his or her authorized agent or automobile insurer, | ||||||
12 | may bring a claim against a company or person who willfully and | ||||||
13 | materially violates this Section. A court may award the | ||||||
14 | prevailing party reasonable attorney's fees, costs, and | ||||||
15 | expenses relating to that action. | ||||||
16 | (Source: P.A. 99-438, eff. 1-1-16; 99-848, eff. 8-19-16; | ||||||
17 | 100-201, eff. 8-18-17.)
| ||||||
18 | (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
| ||||||
19 | Sec. 12-215. Oscillating, rotating or flashing lights on | ||||||
20 | motor vehicles. Except as otherwise provided in this Code:
| ||||||
21 | (a) The use of red or white oscillating, rotating or | ||||||
22 | flashing lights,
whether lighted or unlighted, is prohibited | ||||||
23 | except on:
| ||||||
24 | 1. Law enforcement vehicles of State, Federal or
local | ||||||
25 | authorities;
|
| |||||||
| |||||||
1 | 2. A vehicle operated by a police officer or county | ||||||
2 | coroner
and designated or authorized by local authorities, | ||||||
3 | in writing, as a law
enforcement vehicle; however, such | ||||||
4 | designation or authorization must
be carried in the | ||||||
5 | vehicle;
| ||||||
6 | 2.1. A vehicle operated by a fire chief, deputy fire | ||||||
7 | chief, or assistant fire chief who has completed an | ||||||
8 | emergency vehicle operation training course approved by | ||||||
9 | the Office of the State Fire Marshal and designated or | ||||||
10 | authorized by local authorities, in writing, as a fire | ||||||
11 | department, fire protection district, or township fire | ||||||
12 | department vehicle; however, the designation or | ||||||
13 | authorization must
be carried in the vehicle, and the | ||||||
14 | lights may be visible or activated only when responding to | ||||||
15 | a bona fide emergency;
| ||||||
16 | 3. Vehicles of local fire departments and State or | ||||||
17 | federal
firefighting vehicles;
| ||||||
18 | 4. Vehicles which are designed and used exclusively as | ||||||
19 | ambulances
or rescue vehicles; furthermore, such lights | ||||||
20 | shall not be lighted except
when responding to an | ||||||
21 | emergency call for and while actually conveying the
sick | ||||||
22 | or injured;
| ||||||
23 | 4.5. Vehicles which are occasionally used as rescue | ||||||
24 | vehicles that have been authorized for use as rescue | ||||||
25 | vehicles by a volunteer EMS provider, provided that the | ||||||
26 | operator of the vehicle has successfully completed an |
| |||||||
| |||||||
1 | emergency vehicle operation training course recognized by | ||||||
2 | the Department of Public Health; furthermore, the lights | ||||||
3 | shall not be lighted except when responding to an | ||||||
4 | emergency call for the sick or injured; | ||||||
5 | 5. Tow trucks licensed in a state that requires such | ||||||
6 | lights;
furthermore, such lights shall not be lighted on | ||||||
7 | any such tow truck while the
tow truck is
operating in the | ||||||
8 | State of Illinois;
| ||||||
9 | 6. Vehicles of the Illinois Emergency Management | ||||||
10 | Agency, vehicles of the Office of the Illinois State Fire | ||||||
11 | Marshal, vehicles of the Illinois Department of Public | ||||||
12 | Health, vehicles of
the
Illinois Department of | ||||||
13 | Corrections, and vehicles of the Illinois Department of | ||||||
14 | Juvenile Justice;
| ||||||
15 | 7. Vehicles operated by a local or county emergency | ||||||
16 | management
services agency as defined in the Illinois | ||||||
17 | Emergency
Management Agency Act;
| ||||||
18 | 8. School buses operating alternately flashing head | ||||||
19 | lamps as permitted
under Section 12-805 of this Code;
| ||||||
20 | 9. Vehicles that are equipped and used exclusively as | ||||||
21 | organ transplant
vehicles when used in combination with | ||||||
22 | blue oscillating, rotating, or flashing
lights; | ||||||
23 | furthermore, these lights shall be lighted only when the | ||||||
24 | transportation
is declared an emergency by a member of the | ||||||
25 | transplant team or a representative
of the organ | ||||||
26 | procurement organization; |
| |||||||
| |||||||
1 | 10. Vehicles of the Illinois Department of Natural | ||||||
2 | Resources that are used for mine rescue and explosives | ||||||
3 | emergency response; | ||||||
4 | 11. Vehicles of the Illinois Department of | ||||||
5 | Transportation identified as Emergency Traffic Patrol; the | ||||||
6 | lights shall not be lighted except when responding to an | ||||||
7 | emergency call or when parked or stationary while engaged | ||||||
8 | in motor vehicle assistance or at the scene of the | ||||||
9 | emergency; and | ||||||
10 | 12. Vehicles of the Illinois State Toll Highway
| ||||||
11 | Authority with a gross vehicle weight rating of 9,000 | ||||||
12 | pounds or more and those identified as Highway Emergency | ||||||
13 | Lane Patrol; the lights shall not be lighted except when | ||||||
14 | responding to an emergency call or when parked or | ||||||
15 | stationary while engaged in motor vehicle assistance or at | ||||||
16 | the scene of the emergency. | ||||||
17 | (b) The use of amber oscillating, rotating or flashing | ||||||
18 | lights, whether
lighted or unlighted, is prohibited except on:
| ||||||
19 | 1. Second division vehicles designed and used for | ||||||
20 | towing or hoisting
vehicles; furthermore, such lights | ||||||
21 | shall not be lighted except as
required in
this paragraph | ||||||
22 | 1; such lights shall be lighted
when such vehicles are | ||||||
23 | actually being
used at the scene of a crash an accident or
| ||||||
24 | disablement; if the towing vehicle is equipped with a flat | ||||||
25 | bed that
supports all wheels of the vehicle being | ||||||
26 | transported, the lights shall not be
lighted while the |
| |||||||
| |||||||
1 | vehicle is engaged in towing on a highway; if the towing
| ||||||
2 | vehicle is not equipped with a flat bed that supports all | ||||||
3 | wheels of a vehicle
being transported, the lights shall be | ||||||
4 | lighted while the
towing
vehicle is engaged in towing on a | ||||||
5 | highway during all
times when the use
of headlights is | ||||||
6 | required under Section 12-201 of this Code; in addition, | ||||||
7 | these vehicles may use white oscillating, rotating, or | ||||||
8 | flashing lights in combination with amber oscillating, | ||||||
9 | rotating, or flashing lights as provided in this | ||||||
10 | paragraph;
| ||||||
11 | 2. Motor vehicles or equipment of the State of | ||||||
12 | Illinois, the Illinois State Toll Highway Authority, local | ||||||
13 | authorities
and contractors; furthermore, such lights | ||||||
14 | shall not be lighted except while
such vehicles are | ||||||
15 | engaged in maintenance or construction operations within
| ||||||
16 | the limits of construction projects;
| ||||||
17 | 3. Vehicles or equipment used by engineering or survey | ||||||
18 | crews;
furthermore, such lights shall not be lighted | ||||||
19 | except while such vehicles
are actually engaged in work on | ||||||
20 | a highway;
| ||||||
21 | 4. Vehicles of public utilities, municipalities, or | ||||||
22 | other
construction, maintenance or automotive service | ||||||
23 | vehicles except that such
lights shall be lighted only as | ||||||
24 | a means for indicating the presence of a
vehicular traffic | ||||||
25 | hazard requiring unusual care in approaching, overtaking
| ||||||
26 | or passing while such vehicles are engaged in maintenance, |
| |||||||
| |||||||
1 | service or
construction on a highway;
| ||||||
2 | 5. Oversized vehicle or load; however, such lights | ||||||
3 | shall only be lighted
when moving under permit issued by | ||||||
4 | the Department under Section 15-301
of this Code;
| ||||||
5 | 6. The front and rear of motorized equipment owned and | ||||||
6 | operated by the
State of Illinois or any political | ||||||
7 | subdivision thereof, which is designed
and used for | ||||||
8 | removal of snow and ice from highways;
| ||||||
9 | 6.1. The front and rear of motorized equipment or | ||||||
10 | vehicles that (i) are not owned by the State of Illinois or | ||||||
11 | any political subdivision of the State, (ii) are designed | ||||||
12 | and used for removal of snow and ice from highways and | ||||||
13 | parking lots, and (iii) are equipped with a snow plow that | ||||||
14 | is 12 feet in width; these lights may not be lighted except | ||||||
15 | when the motorized equipment or vehicle is actually being | ||||||
16 | used for those purposes on behalf of a unit of government;
| ||||||
17 | 7. Fleet safety vehicles registered in another state, | ||||||
18 | furthermore, such
lights shall not be lighted except as | ||||||
19 | provided for in Section 12-212 of
this Code;
| ||||||
20 | 8. Such other vehicles as may be authorized by local | ||||||
21 | authorities;
| ||||||
22 | 9. Law enforcement vehicles of State or local | ||||||
23 | authorities when used in
combination with red oscillating, | ||||||
24 | rotating or flashing lights;
| ||||||
25 | 9.5. Propane delivery trucks;
| ||||||
26 | 10. Vehicles used for collecting or delivering mail |
| |||||||
| |||||||
1 | for the
United States Postal Service provided that such | ||||||
2 | lights shall not be lighted
except when such vehicles are | ||||||
3 | actually being used for such purposes;
| ||||||
4 | 10.5. Vehicles of the Office of the Illinois State | ||||||
5 | Fire Marshal, provided that such lights shall not be | ||||||
6 | lighted except for when such vehicles are engaged in work | ||||||
7 | for the Office of the Illinois State Fire Marshal; | ||||||
8 | 11. Any vehicle displaying a slow-moving vehicle | ||||||
9 | emblem as
provided in Section 12-205.1;
| ||||||
10 | 12. All trucks equipped with self-compactors or | ||||||
11 | roll-off hoists and
roll-on containers for garbage, | ||||||
12 | recycling, or refuse hauling. Such lights shall not be
| ||||||
13 | lighted except when such vehicles are actually being used | ||||||
14 | for such purposes;
| ||||||
15 | 13. Vehicles used by a security company, alarm | ||||||
16 | responder, control
agency, or the Illinois Department of | ||||||
17 | Corrections;
| ||||||
18 | 14. Security vehicles of the Department of Human | ||||||
19 | Services; however, the
lights shall not be lighted except | ||||||
20 | when being used for security related
purposes under the | ||||||
21 | direction of the superintendent of the facility where the
| ||||||
22 | vehicle is located; and
| ||||||
23 | 15. Vehicles of union representatives, except that the | ||||||
24 | lights shall be
lighted only while the vehicle is within | ||||||
25 | the limits of a construction
project.
| ||||||
26 | (c) The use of blue oscillating, rotating or flashing |
| |||||||
| |||||||
1 | lights, whether
lighted or unlighted, is prohibited except on:
| ||||||
2 | 1. Rescue squad vehicles not owned by a fire | ||||||
3 | department and
vehicles owned or operated by a:
| ||||||
4 | voluntary firefighter;
| ||||||
5 | paid firefighter;
| ||||||
6 | part-paid firefighter;
| ||||||
7 | call firefighter;
| ||||||
8 | member of the board of trustees of a fire | ||||||
9 | protection district;
| ||||||
10 | paid or unpaid member of a rescue squad;
| ||||||
11 | paid or unpaid member of a voluntary ambulance | ||||||
12 | unit; or
| ||||||
13 | paid or unpaid members of a local or county | ||||||
14 | emergency management
services agency as defined in the | ||||||
15 | Illinois Emergency Management Agency Act,
designated | ||||||
16 | or authorized by local authorities, in writing, and | ||||||
17 | carrying that
designation or authorization in the | ||||||
18 | vehicle.
| ||||||
19 | However, such lights are not to be lighted except when | ||||||
20 | responding to a
bona fide emergency or when parked or | ||||||
21 | stationary at the scene of a fire, rescue call, ambulance | ||||||
22 | call, or motor vehicle crash accident .
| ||||||
23 | Any person using these lights in accordance with this | ||||||
24 | subdivision (c)1 must carry on his or her person an | ||||||
25 | identification card or letter identifying the bona fide | ||||||
26 | member of a fire department, fire protection district, |
| |||||||
| |||||||
1 | rescue squad, ambulance unit, or emergency management | ||||||
2 | services agency that owns or operates that vehicle. The | ||||||
3 | card or letter must include: | ||||||
4 | (A) the name of the fire department, fire | ||||||
5 | protection district, rescue squad, ambulance unit, or | ||||||
6 | emergency management services agency; | ||||||
7 | (B) the member's position within the fire | ||||||
8 | department, fire protection district, rescue squad, | ||||||
9 | ambulance unit, or emergency management services | ||||||
10 | agency; | ||||||
11 | (C) the member's term of service; and | ||||||
12 | (D) the name of a person within the fire | ||||||
13 | department, fire protection district, rescue squad, | ||||||
14 | ambulance unit, or emergency management services | ||||||
15 | agency to contact to verify the information provided.
| ||||||
16 | 2. Police department vehicles in cities having a | ||||||
17 | population of 500,000
or more inhabitants.
| ||||||
18 | 3. Law enforcement vehicles of State or local | ||||||
19 | authorities when used in
combination with red oscillating, | ||||||
20 | rotating or flashing lights.
| ||||||
21 | 4. Vehicles of local fire departments and State or | ||||||
22 | federal
firefighting vehicles when used in combination | ||||||
23 | with red oscillating,
rotating or flashing lights.
| ||||||
24 | 5. Vehicles which are designed and used exclusively as | ||||||
25 | ambulances or
rescue vehicles when used in combination | ||||||
26 | with red oscillating, rotating or
flashing lights; |
| |||||||
| |||||||
1 | furthermore, such lights shall not be lighted except when
| ||||||
2 | responding to an emergency call.
| ||||||
3 | 6. Vehicles that are equipped and used exclusively as | ||||||
4 | organ transport
vehicles when used in combination with red | ||||||
5 | oscillating, rotating, or flashing
lights; furthermore, | ||||||
6 | these lights shall only be lighted when the transportation
| ||||||
7 | is declared an emergency by a member of the transplant | ||||||
8 | team or a
representative of the organ procurement | ||||||
9 | organization.
| ||||||
10 | 7. Vehicles of the Illinois Emergency Management | ||||||
11 | Agency, vehicles of the Office of the Illinois State Fire | ||||||
12 | Marshal, vehicles of the Illinois Department of Public | ||||||
13 | Health, vehicles of
the
Illinois Department of | ||||||
14 | Corrections, and vehicles of the Illinois Department of | ||||||
15 | Juvenile Justice, when used in combination with red | ||||||
16 | oscillating,
rotating, or flashing lights.
| ||||||
17 | 8. Vehicles operated by a local or county emergency | ||||||
18 | management
services agency as defined in the Illinois | ||||||
19 | Emergency Management Agency
Act, when used in combination | ||||||
20 | with red oscillating, rotating, or
flashing lights.
| ||||||
21 | 9. Vehicles of the Illinois Department of Natural | ||||||
22 | Resources that are used for mine rescue and explosives | ||||||
23 | emergency response, when used in combination with red | ||||||
24 | oscillating,
rotating, or flashing lights. | ||||||
25 | (c-1) In addition to the blue oscillating, rotating, or | ||||||
26 | flashing
lights permitted under subsection (c), and |
| |||||||
| |||||||
1 | notwithstanding subsection
(a), a vehicle operated by a | ||||||
2 | voluntary firefighter, a voluntary member
of a rescue squad, | ||||||
3 | or a member of a voluntary ambulance unit may be
equipped with | ||||||
4 | flashing white headlights and blue grill lights, which may
be | ||||||
5 | used only in responding to an emergency call or when parked or | ||||||
6 | stationary at the scene of a fire, rescue call, ambulance | ||||||
7 | call, or motor vehicle crash accident .
| ||||||
8 | (c-2) In addition to the blue oscillating, rotating, or | ||||||
9 | flashing
lights permitted under subsection (c), and | ||||||
10 | notwithstanding subsection (a),
a vehicle operated by a paid | ||||||
11 | or unpaid member of a local or county
emergency management | ||||||
12 | services agency as defined in the Illinois Emergency
| ||||||
13 | Management Agency Act, may be equipped with white oscillating, | ||||||
14 | rotating,
or flashing lights to be used in combination with | ||||||
15 | blue oscillating, rotating,
or flashing lights, if | ||||||
16 | authorization by local authorities is in
writing and carried | ||||||
17 | in the vehicle.
| ||||||
18 | (d) The use of a combination of amber and white | ||||||
19 | oscillating, rotating or
flashing lights, whether lighted or | ||||||
20 | unlighted, is prohibited except on second division vehicles | ||||||
21 | designed and used for towing or hoisting
vehicles or motor
| ||||||
22 | vehicles or equipment of the State of Illinois, local | ||||||
23 | authorities, contractors,
and union representatives; | ||||||
24 | furthermore, such lights shall
not be lighted on second | ||||||
25 | division vehicles designed and used for towing or hoisting
| ||||||
26 | vehicles or vehicles of the State of Illinois, local |
| |||||||
| |||||||
1 | authorities, and
contractors except while such vehicles are | ||||||
2 | engaged in a tow operation, highway maintenance, or
| ||||||
3 | construction operations within the limits of highway | ||||||
4 | construction projects, and
shall not be lighted on the | ||||||
5 | vehicles of union representatives except when those
vehicles | ||||||
6 | are within the limits of a construction project.
| ||||||
7 | (e) All oscillating, rotating or flashing lights referred | ||||||
8 | to in this Section
shall be of sufficient intensity, when | ||||||
9 | illuminated, to be visible at 500
feet in normal sunlight.
| ||||||
10 | (f) Nothing in this Section shall prohibit a manufacturer | ||||||
11 | of oscillating,
rotating or flashing lights or his | ||||||
12 | representative or authorized vendor from temporarily mounting
| ||||||
13 | such lights on a vehicle for demonstration purposes only. If | ||||||
14 | the lights are not covered while the vehicle is operated upon a | ||||||
15 | highway, the vehicle shall display signage indicating that the | ||||||
16 | vehicle is out of service or not an emergency vehicle. The | ||||||
17 | signage shall be displayed on all sides of the vehicle in | ||||||
18 | letters at least 2 inches tall and one-half inch wide. A | ||||||
19 | vehicle authorized to have oscillating,
rotating, or flashing | ||||||
20 | lights mounted for demonstration purposes may not activate the | ||||||
21 | lights while the vehicle is operated upon a highway.
| ||||||
22 | (g) Any person violating the provisions of subsections | ||||||
23 | (a), (b), (c) or (d)
of this Section who without lawful | ||||||
24 | authority stops or detains or attempts
to stop or detain | ||||||
25 | another person shall be guilty of a Class 2 felony.
| ||||||
26 | (h) Except as provided in subsection (g) above, any person |
| |||||||
| |||||||
1 | violating the
provisions of subsections (a) or (c) of this | ||||||
2 | Section shall be guilty of a
Class A misdemeanor.
| ||||||
3 | (Source: P.A. 100-62, eff. 8-11-17; 101-56, eff. 1-1-20 .)
| ||||||
4 | (625 ILCS 5/12-604.1) | ||||||
5 | Sec. 12-604.1. Video devices. | ||||||
6 | (a) A person may not operate a motor vehicle if a | ||||||
7 | television receiver, a video monitor, a television or video | ||||||
8 | screen, or any other similar means of visually displaying a | ||||||
9 | television broadcast or video signal that produces | ||||||
10 | entertainment or business applications is operating and is | ||||||
11 | located in the motor vehicle at any point forward of the back | ||||||
12 | of the driver's seat, or is operating and visible to the driver | ||||||
13 | while driving the motor vehicle.
| ||||||
14 | (a-5) A person commits aggravated use of a video device | ||||||
15 | when he or she violates subsection (a) and in committing the | ||||||
16 | violation he or she was involved in a motor vehicle crash | ||||||
17 | accident that results in great bodily harm, permanent | ||||||
18 | disability, disfigurement, or death to another and the | ||||||
19 | violation was a proximate cause of the injury or death. | ||||||
20 | (b) This Section does not apply to the following | ||||||
21 | equipment, whether or not permanently installed in a vehicle:
| ||||||
22 | (1) a vehicle information display;
| ||||||
23 | (2) a global positioning display;
| ||||||
24 | (3) a mapping or navigation display;
| ||||||
25 | (4) a visual display used to enhance or supplement the |
| |||||||
| |||||||
1 | driver's view forward, behind, or to the sides of a motor | ||||||
2 | vehicle for the purpose of maneuvering the vehicle; | ||||||
3 | (5) television-type receiving equipment used | ||||||
4 | exclusively for safety or traffic engineering studies; or
| ||||||
5 | (6) a television receiver, video monitor, television | ||||||
6 | or video screen, or any other similar means of visually | ||||||
7 | displaying a television broadcast or video signal, if that | ||||||
8 | equipment has an interlock device that, when the motor | ||||||
9 | vehicle is driven, disables the equipment for all uses | ||||||
10 | except as a visual display as described in paragraphs (1) | ||||||
11 | through (5) of this subsection (b).
| ||||||
12 | (c) This Section does not apply to a mobile, digital | ||||||
13 | terminal installed in an authorized emergency vehicle, a motor | ||||||
14 | vehicle providing emergency road service or roadside | ||||||
15 | assistance, or to motor vehicles utilized for public | ||||||
16 | transportation. | ||||||
17 | (d) This Section does not apply to a television receiver, | ||||||
18 | video monitor, television or video screen, or any other | ||||||
19 | similar means of visually displaying a television broadcast or | ||||||
20 | video signal if: (i) the equipment is permanently installed in | ||||||
21 | the motor vehicle; and (ii) the moving entertainment images | ||||||
22 | that the equipment displays are not visible to the driver | ||||||
23 | while the motor vehicle is in motion. | ||||||
24 | (d-5) This Section does not apply to a video event | ||||||
25 | recorder, as defined in Section 1-218.10 of this Code, | ||||||
26 | installed in a contract carrier vehicle. |
| |||||||
| |||||||
1 | (e) Except as provided in subsection (f) of this Section, | ||||||
2 | a person convicted of violating this Section is guilty of a | ||||||
3 | petty offense and shall be fined not more than $100 for a first | ||||||
4 | offense, not more than $200 for a second offense within one | ||||||
5 | year of a previous conviction, and not more than $250 for a | ||||||
6 | third or subsequent offense within one year of 2 previous | ||||||
7 | convictions.
| ||||||
8 | (f) A person convicted of violating subsection (a-5) | ||||||
9 | commits a Class A misdemeanor if the violation resulted in | ||||||
10 | great bodily harm, permanent disability, or disfigurement to | ||||||
11 | another. A person convicted of violating subsection (a-5) | ||||||
12 | commits a Class 4 felony if the violation resulted in the death | ||||||
13 | of another person. | ||||||
14 | (Source: P.A. 98-507, eff. 1-1-14; 99-689, eff. 1-1-17 .)
| ||||||
15 | (625 ILCS 5/12-610.1) | ||||||
16 | Sec. 12-610.1. Wireless telephones. | ||||||
17 | (a) As used in this Section, "wireless telephone" means
a | ||||||
18 | device that is capable of transmitting or receiving
telephonic | ||||||
19 | communications without a wire connecting the
device to the | ||||||
20 | telephone network. | ||||||
21 | (b) A person under the age of 19 years who holds an | ||||||
22 | instruction permit issued under Section 6-105 or 6-107.1, or a | ||||||
23 | person under the age of 19 years who holds a graduated license | ||||||
24 | issued under Section 6-107, may not drive a vehicle on a | ||||||
25 | roadway while using a wireless phone.
|
| |||||||
| |||||||
1 | (b-5) A person under the age of 19 commits aggravated use | ||||||
2 | of a wireless telephone when he or she violates subsection (b) | ||||||
3 | and in committing the violation he or she was involved in a | ||||||
4 | motor vehicle crash accident that results in great bodily | ||||||
5 | harm, permanent disability, disfigurement, or death to another | ||||||
6 | and the violation was a proximate cause of the injury or death. | ||||||
7 | (c) This Section does not apply to a person under the age | ||||||
8 | of 19 years using a
wireless telephone for emergency purposes, | ||||||
9 | including, but not
limited to, an emergency call to a law | ||||||
10 | enforcement agency,
health care provider, fire department, or | ||||||
11 | other emergency
services agency or entity.
| ||||||
12 | (d) If a graduated driver's license holder over the age of | ||||||
13 | 18 committed an offense against traffic regulations governing | ||||||
14 | the movement of vehicles or any violation of Section 6-107 or | ||||||
15 | Section 12-603.1 of this Code in the 6 months prior to the | ||||||
16 | graduated driver's license holder's 18th birthday, and was | ||||||
17 | subsequently convicted of the violation, the provisions of | ||||||
18 | paragraph (b) shall continue to apply until such time as a | ||||||
19 | period of 6 consecutive months has elapsed without an | ||||||
20 | additional violation and subsequent conviction of an offense | ||||||
21 | against traffic regulations governing the movement of vehicles | ||||||
22 | or any violation of Section 6-107 or Section 12-603.1 of this | ||||||
23 | Code.
| ||||||
24 | (e) A person, regardless of age, may not use a wireless
| ||||||
25 | telephone at any time while operating a motor vehicle on a | ||||||
26 | roadway in a school speed
zone established under Section |
| |||||||
| |||||||
1 | 11-605, on a highway in a construction or
maintenance speed | ||||||
2 | zone established under Section 11-605.1, or within 500 feet of | ||||||
3 | an emergency scene. As used in this Section, "emergency scene" | ||||||
4 | means a location where an authorized emergency vehicle as | ||||||
5 | defined by Section 1-105 of this Code is
present and has | ||||||
6 | activated its oscillating, rotating, or flashing lights.
This | ||||||
7 | subsection (e) does not apply to (i) a person engaged in a
| ||||||
8 | highway construction or maintenance project for which a
| ||||||
9 | construction or maintenance speed zone has been established
| ||||||
10 | under Section 11-605.1, (ii) a person using a wireless
| ||||||
11 | telephone for emergency purposes, including, but not limited | ||||||
12 | to,
law enforcement agency, health care provider, fire | ||||||
13 | department, or other emergency services agency or entity, | ||||||
14 | (iii) a law enforcement officer or operator of an emergency | ||||||
15 | vehicle when performing the officer's or operator's official | ||||||
16 | duties, (iv) a person using a wireless telephone in | ||||||
17 | voice-operated mode, which may include the use of a headset, | ||||||
18 | (v) a person using a wireless telephone by pressing a single | ||||||
19 | button to initiate or terminate a voice communication, or (vi) | ||||||
20 | a person using an electronic communication device for the sole | ||||||
21 | purpose of reporting an emergency situation and continued | ||||||
22 | communication with emergency personnel during the emergency | ||||||
23 | situation. | ||||||
24 | (e-5) A person commits aggravated use of a wireless | ||||||
25 | telephone when he or she violates subsection (e) and in | ||||||
26 | committing the violation he or she was involved in a motor |
| |||||||
| |||||||
1 | vehicle crash accident that results in great bodily harm, | ||||||
2 | permanent disability, disfigurement, or death to another and | ||||||
3 | the violation was a proximate cause of the injury or death. | ||||||
4 | (f) A person convicted of violating subsection (b-5) or | ||||||
5 | (e-5) commits a Class A misdemeanor if the violation resulted | ||||||
6 | in great bodily harm, permanent disability, or disfigurement | ||||||
7 | to another. A person convicted of violating subsection (b-5) | ||||||
8 | or (e-5) commits a Class 4 felony if the violation resulted in | ||||||
9 | the death of another person. | ||||||
10 | (Source: P.A. 97-828, eff. 7-20-12; 97-830, eff. 1-1-13; | ||||||
11 | 98-463, eff. 8-16-13; 98-507, eff. 1-1-14.)
| ||||||
12 | (625 ILCS 5/12-610.2)
| ||||||
13 | Sec. 12-610.2. Electronic communication devices. | ||||||
14 | (a) As used in this Section: | ||||||
15 | "Electronic communication device" means an electronic | ||||||
16 | device, including, but not limited to, a hand-held wireless | ||||||
17 | telephone, hand-held personal digital assistant, or a portable | ||||||
18 | or mobile computer, but does not include a global positioning | ||||||
19 | system or navigation system or a device that is physically or | ||||||
20 | electronically integrated into the motor vehicle. | ||||||
21 | (b) A person may not operate a motor vehicle on a roadway | ||||||
22 | while using an electronic communication device, including | ||||||
23 | using an electronic communication device to watch or stream | ||||||
24 | video. | ||||||
25 | (b-5) A person commits aggravated use of an electronic |
| |||||||
| |||||||
1 | communication device when he or she violates subsection (b) | ||||||
2 | and in committing the violation he or she is involved in a | ||||||
3 | motor vehicle crash accident that results in great bodily | ||||||
4 | harm, permanent disability, disfigurement, or death to another | ||||||
5 | and the violation is a proximate cause of the injury or death. | ||||||
6 | (c) A violation of this Section is an offense against | ||||||
7 | traffic regulations governing the movement of vehicles. A | ||||||
8 | person who violates this Section shall be fined a maximum of | ||||||
9 | $75 for a first offense, $100 for a second offense, $125 for a | ||||||
10 | third offense, and $150 for a fourth or subsequent offense, | ||||||
11 | except that a person who violates subsection (b-5) shall be | ||||||
12 | assessed a minimum fine of $1,000. | ||||||
13 | (d) This Section does not apply to: | ||||||
14 | (1) a law enforcement officer or operator of an | ||||||
15 | emergency vehicle while performing his or her official | ||||||
16 | duties; | ||||||
17 | (1.5) a first responder, including a volunteer first | ||||||
18 | responder, while operating his or her own personal motor | ||||||
19 | vehicle using an electronic communication device for the | ||||||
20 | sole purpose of receiving information about an emergency | ||||||
21 | situation while en route to performing his or her official | ||||||
22 | duties; | ||||||
23 | (2) a driver using an electronic communication device | ||||||
24 | for the sole purpose of reporting an emergency situation | ||||||
25 | and continued communication with emergency personnel | ||||||
26 | during the emergency situation; |
| |||||||
| |||||||
1 | (3) a driver using an electronic communication device | ||||||
2 | in hands-free or voice-operated mode, which may include | ||||||
3 | the use of a headset; | ||||||
4 | (4) a driver of a commercial motor vehicle reading a | ||||||
5 | message displayed on a permanently installed communication | ||||||
6 | device designed for a commercial motor vehicle with a | ||||||
7 | screen that does not exceed 10 inches tall by 10 inches | ||||||
8 | wide in size; | ||||||
9 | (5) a driver using an electronic communication device | ||||||
10 | while parked on the shoulder of a roadway; | ||||||
11 | (6) a driver using an electronic communication device | ||||||
12 | when the vehicle is stopped due to normal traffic being | ||||||
13 | obstructed and the driver has the motor vehicle | ||||||
14 | transmission in neutral or park;
| ||||||
15 | (7) a driver using two-way or citizens band radio | ||||||
16 | services; | ||||||
17 | (8) a driver using two-way mobile radio transmitters | ||||||
18 | or receivers for licensees of the Federal Communications | ||||||
19 | Commission in the amateur radio service; | ||||||
20 | (9) a driver using an electronic communication device | ||||||
21 | by pressing a single button to initiate or terminate a | ||||||
22 | voice communication; or | ||||||
23 | (10) a driver using an electronic communication device | ||||||
24 | capable of performing multiple functions, other than a | ||||||
25 | hand-held wireless telephone or hand-held personal digital | ||||||
26 | assistant (for example, a fleet management system, |
| |||||||
| |||||||
1 | dispatching device, citizens band radio, or music player) | ||||||
2 | for a purpose that is not otherwise prohibited by this | ||||||
3 | Section. | ||||||
4 | (e) A person convicted of violating subsection (b-5) | ||||||
5 | commits a Class A misdemeanor if the violation resulted in | ||||||
6 | great bodily harm, permanent disability, or disfigurement to | ||||||
7 | another. A person convicted of violating subsection (b-5) | ||||||
8 | commits a Class 4 felony if the violation resulted in the death | ||||||
9 | of another person. | ||||||
10 | (Source: P.A. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20; | ||||||
11 | 101-297, eff. 1-1-20; 102-558, eff. 8-20-21.)
| ||||||
12 | (625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
| ||||||
13 | Sec. 12-707.01. Liability insurance. | ||||||
14 | (a) No school bus, first division vehicle including a taxi | ||||||
15 | which is used for a purpose that requires a school bus driver | ||||||
16 | permit, commuter van or
motor vehicle owned by or used for hire | ||||||
17 | by and in connection with the
operation of private or public | ||||||
18 | schools, day camps, summer camps or
nursery schools, and no | ||||||
19 | commuter van or passenger car used for a for-profit
| ||||||
20 | ridesharing arrangement, shall be operated for such purposes | ||||||
21 | unless the owner
thereof shall carry a minimum of personal | ||||||
22 | injury liability insurance in
the amount of $25,000 for any | ||||||
23 | one person in any one crash accident , and
subject to the limit | ||||||
24 | for one person, $100,000 for two or more persons
injured by | ||||||
25 | reason of the operation of the vehicle in any one crash |
| |||||||
| |||||||
1 | accident . This subsection (a) applies only to personal injury | ||||||
2 | liability policies issued or renewed before January 1, 2013.
| ||||||
3 | (b) Liability insurance policies issued or renewed on and | ||||||
4 | after January 1, 2013 shall comply with the following: | ||||||
5 | (1) except as provided in subparagraph (2) of this | ||||||
6 | subsection (b), any vehicle that is used for a purpose | ||||||
7 | that requires a school bus driver permit under Section | ||||||
8 | 6-104 of this Code shall carry a minimum of liability | ||||||
9 | insurance in
the amount of $2,000,000. This minimum | ||||||
10 | insurance requirement may be satisfied by either (i) a | ||||||
11 | $2,000,000 combined single limit primary commercial | ||||||
12 | automobile policy; or (ii) a $1 million primary commercial | ||||||
13 | automobile policy and a minimum $5,000,000 excess or | ||||||
14 | umbrella liability policy; | ||||||
15 | (2) any vehicle that is used for a purpose that | ||||||
16 | requires a school bus driver permit under Section 6-104 of | ||||||
17 | this Code and is used in connection with the operation of | ||||||
18 | private day care facilities, day camps, summer camps, or | ||||||
19 | nursery schools shall carry a minimum of liability | ||||||
20 | insurance in
the amount of $1,000,000 combined single | ||||||
21 | limit per crash accident ; | ||||||
22 | (3) any commuter van or passenger car used for a | ||||||
23 | for-profit
ridesharing arrangement shall carry a minimum | ||||||
24 | of liability insurance in
the amount of $500,000 combined | ||||||
25 | single limit per crash accident . | ||||||
26 | (c) Primary insurance coverage under the provisions of |
| |||||||
| |||||||
1 | this Section must be provided by a licensed and admitted | ||||||
2 | insurance carrier or an intergovernmental cooperative formed | ||||||
3 | under Section 10 of Article VII of the Illinois Constitution, | ||||||
4 | or Section 6 or 9 of the Intergovernmental Cooperation Act, or | ||||||
5 | provided by a certified self-insurer under Section 7-502 of | ||||||
6 | this Code. The excess or umbrella liability coverage | ||||||
7 | requirement may be met by securing surplus line insurance as | ||||||
8 | defined under Section 445 of the Illinois Insurance Code. If | ||||||
9 | the excess or umbrella liability coverage requirement is met | ||||||
10 | by securing surplus line insurance, that coverage must be | ||||||
11 | effected through a licensed surplus line producer acting under | ||||||
12 | the surplus line insurance laws and regulations of this State. | ||||||
13 | Nothing in this subsection (c) shall be construed as | ||||||
14 | prohibiting a licensed and admitted insurance carrier or an | ||||||
15 | intergovernmental cooperative formed under Section 10 of | ||||||
16 | Article VII of the Illinois Constitution, or Section 6 or 9 of | ||||||
17 | the Intergovernmental Cooperation Act, or a certified | ||||||
18 | self-insurer under Section 7-502 of this Code, from retaining | ||||||
19 | the risk required under paragraphs (1) and (2) of subsection | ||||||
20 | (b) of this Section or issuing a single primary policy meeting | ||||||
21 | the requirements of paragraphs (1) and (2) of subsection (b). | ||||||
22 | (d) Each owner of a vehicle required to obtain the minimum | ||||||
23 | liability requirements under subsection (b) of this Section | ||||||
24 | shall attest that the vehicle meets the minimum insurance | ||||||
25 | requirements under this Section. The Secretary of State shall | ||||||
26 | create a form for each owner of a vehicle to attest that the |
| |||||||
| |||||||
1 | owner meets the minimum insurance requirements and the owner | ||||||
2 | of the vehicle shall submit the form with each registration | ||||||
3 | application. The form shall be valid for the full registration | ||||||
4 | period; however, if at any time the Secretary has reason to | ||||||
5 | believe that the owner does not have the minimum required | ||||||
6 | amount of insurance for a vehicle, then the Secretary may | ||||||
7 | require a certificate of insurance, or its equivalent, to | ||||||
8 | ensure the vehicle is insured. If the owner fails to produce a | ||||||
9 | certificate of insurance, or its equivalent, within 2 calendar | ||||||
10 | days after the request was made, then the Secretary may revoke | ||||||
11 | the vehicle owner's registration until the Secretary is | ||||||
12 | assured the vehicle meets the minimum insurance requirements. | ||||||
13 | If the owner of a vehicle participates in an intergovernmental | ||||||
14 | cooperative or is self-insured, then the owner shall attest | ||||||
15 | that the insurance required under this Section is equivalent | ||||||
16 | to or greater than the insurance required under paragraph (1) | ||||||
17 | of subsection (b) of this Section. The Secretary may adopt any | ||||||
18 | rules necessary to enforce the provisions of this subsection | ||||||
19 | (d). | ||||||
20 | (Source: P.A. 99-595, eff. 1-1-17 .)
| ||||||
21 | (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
| ||||||
22 | Sec. 13-109. Safety test prior to application for
license - | ||||||
23 | Subsequent tests - Repairs - Retest. | ||||||
24 | (a) Except as otherwise provided in Chapter 13, each | ||||||
25 | second division
vehicle, first division vehicle including a |
| |||||||
| |||||||
1 | taxi which is used for a purpose that requires a school bus | ||||||
2 | driver permit, and medical transport vehicle, except those | ||||||
3 | vehicles other than
school buses or medical transport vehicles | ||||||
4 | owned or operated by a municipal
corporation or political | ||||||
5 | subdivision having a population of 1,000,000 or
more | ||||||
6 | inhabitants which are subjected to safety tests imposed by | ||||||
7 | local
ordinance or resolution, operated in whole or in part | ||||||
8 | over the highways
of this State, motor vehicle used for driver | ||||||
9 | education training, and each vehicle designed to carry 15 or | ||||||
10 | fewer passengers
operated by a contract carrier transporting | ||||||
11 | employees in the course of
their employment
on a highway of | ||||||
12 | this State, shall be subjected to the safety
test provided for | ||||||
13 | in Chapter
13 of this Code. Tests shall be conducted at an | ||||||
14 | official testing station
within 6 months prior to the | ||||||
15 | application for registration as provided
for in this Code. | ||||||
16 | Subsequently each vehicle shall be subject to tests (i) at
| ||||||
17 | least every 6 months, (ii) in the case of school buses and | ||||||
18 | first division vehicles including taxis which are used for a | ||||||
19 | purpose that requires a school bus driver permit, at least | ||||||
20 | every 6
months or 10,000 miles, whichever occurs first, (iii) | ||||||
21 | in the case of driver education vehicles used by public high | ||||||
22 | schools, at least every 12 months for vehicles over 5 model | ||||||
23 | years of age or having an odometer reading of over 75,000 | ||||||
24 | miles, whichever occurs first, or (iv) in the case of truck | ||||||
25 | tractors, semitrailers, and property-carrying vehicles | ||||||
26 | registered for a gross weight of more than 10,000 pounds but |
| |||||||
| |||||||
1 | less than 26,001 pounds, at least every 12 months, and | ||||||
2 | according to
schedules established by rules and regulations | ||||||
3 | promulgated by the
Department. Any component subject to | ||||||
4 | regular inspection which is
damaged in a reportable crash | ||||||
5 | accident must be reinspected before the bus or first division | ||||||
6 | vehicle including a taxi which is used for a purpose that | ||||||
7 | requires a school bus driver permit is
returned to service.
| ||||||
8 | (b) The Department shall also conduct periodic | ||||||
9 | nonscheduled inspections
of school buses, of buses registered | ||||||
10 | as charitable vehicles and of
religious organization buses. If | ||||||
11 | such inspection reveals that a vehicle is
not in substantial | ||||||
12 | compliance with the rules promulgated by the Department,
the | ||||||
13 | Department shall remove the Certificate of Safety from the | ||||||
14 | vehicle, and
shall place the vehicle out-of-service. A bright | ||||||
15 | orange, triangular decal
shall be placed on an out-of-service | ||||||
16 | vehicle where the Certificate of
Safety has been removed. The | ||||||
17 | vehicle must pass a safety test at an
official testing station | ||||||
18 | before it is again placed in service.
| ||||||
19 | (c) If the violation is not substantial a bright yellow, | ||||||
20 | triangular
sticker shall be placed next to the Certificate of | ||||||
21 | Safety at the time the
nonscheduled inspection is made. The | ||||||
22 | Department shall reinspect the
vehicle after 3 working days to | ||||||
23 | determine that the violation has been
corrected and remove the | ||||||
24 | yellow, triangular decal. If the violation is not
corrected | ||||||
25 | within 3 working days, the Department shall place the vehicle
| ||||||
26 | out-of-service in accordance with procedures in subsection |
| |||||||
| |||||||
1 | (b).
| ||||||
2 | (d) If a violation is not substantial and does not | ||||||
3 | directly affect the
safe operation of the vehicle, the | ||||||
4 | Department shall issue a warning notice
requiring correction | ||||||
5 | of the violation. Such correction shall be
accomplished as | ||||||
6 | soon as practicable and a report of the correction shall be
| ||||||
7 | made to the Department within 30 days in a manner established | ||||||
8 | by the
Department. If the Department has not been advised that | ||||||
9 | the corrections
have been made, and the violations still | ||||||
10 | exist, the Department shall place
the vehicle out-of-service | ||||||
11 | in accordance with procedures in subsection
(b).
| ||||||
12 | (e) The Department is authorized to promulgate regulations | ||||||
13 | to implement its
program of nonscheduled inspections. Causing | ||||||
14 | or allowing the operation of
an out-of-service vehicle with | ||||||
15 | passengers or unauthorized removal of an
out-of-service | ||||||
16 | sticker is a Class 3 felony. Causing or allowing the
operation | ||||||
17 | of a vehicle with a 3-day sticker for longer than 3 days with | ||||||
18 | the
sticker attached or the unauthorized removal of a 3-day | ||||||
19 | sticker is a Class C
misdemeanor.
| ||||||
20 | (f) If a second division vehicle, first division vehicle | ||||||
21 | including a taxi which is used for a purpose that requires a | ||||||
22 | school bus driver permit, medical transport vehicle, or
| ||||||
23 | vehicle operated by a contract carrier as provided in | ||||||
24 | subsection (a) of this
Section is in safe
mechanical | ||||||
25 | condition, as determined pursuant to Chapter 13, the operator | ||||||
26 | of
the official testing station must at once issue to the |
| |||||||
| |||||||
1 | second division
vehicle, first division vehicle including a | ||||||
2 | taxi which is used for a purpose that requires a school bus | ||||||
3 | driver permit, or medical transport vehicle a certificate of | ||||||
4 | safety, in the form
and manner prescribed by the Department, | ||||||
5 | which shall be affixed to the
vehicle by the certified safety | ||||||
6 | tester who performed the safety tests. The
owner of the second | ||||||
7 | division vehicle, first division vehicle including a taxi | ||||||
8 | which is used for a purpose that requires a school bus driver | ||||||
9 | permit, or medical transport vehicle or the
contract carrier | ||||||
10 | shall at
all times display the Certificate of Safety on the | ||||||
11 | second division vehicle, first division vehicle including a | ||||||
12 | taxi which is used for a purpose that requires a school bus | ||||||
13 | driver permit, medical transport vehicle, or vehicle operated | ||||||
14 | by a contract carrier
in the manner prescribed by the | ||||||
15 | Department.
| ||||||
16 | (g) If a test shows that a second division vehicle, first | ||||||
17 | division vehicle including a taxi which is used for a purpose | ||||||
18 | that requires a school bus driver permit, medical
transport
| ||||||
19 | vehicle, or vehicle operated by a contract carrier is not in | ||||||
20 | safe
mechanical condition as provided in this Section, it
| ||||||
21 | shall not be operated on the highways until it has been | ||||||
22 | repaired and
submitted to a retest at an official testing | ||||||
23 | station. If the owner or
contract carrier submits
the vehicle | ||||||
24 | to a retest at
a
different official testing station from that | ||||||
25 | where it failed to pass the
first test, he or she shall present | ||||||
26 | to the operator of the second station the
report of the |
| |||||||
| |||||||
1 | original test, and shall notify the Department in writing,
| ||||||
2 | giving the name and address of the original testing station | ||||||
3 | and the defects
which prevented the issuance of a Certificate | ||||||
4 | of Safety, and the name and
address of the second official | ||||||
5 | testing station making the retest.
| ||||||
6 | (Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19 .)
| ||||||
7 | (625 ILCS 5/13-111) (from Ch. 95 1/2, par. 13-111)
| ||||||
8 | Sec. 13-111.
Operation without certificate of safety | ||||||
9 | attached; Effective date
of certificate.
| ||||||
10 | (a) Except as provided for in Chapter 13, no person shall | ||||||
11 | operate any
vehicle required to be inspected by this Chapter | ||||||
12 | upon the highways of this
State unless there is affixed to that | ||||||
13 | vehicle a certificate of safety then in
effect. The Secretary | ||||||
14 | of State, State Police, and other police officers shall
| ||||||
15 | enforce this Section. The Department shall determine the | ||||||
16 | expiration date of the
certificate of safety.
| ||||||
17 | The certificates, all forms and records, reports of tests | ||||||
18 | and retests,
and the full procedure and methods of making the | ||||||
19 | tests and retests, shall
be in the form prescribed by the | ||||||
20 | Department.
| ||||||
21 | (b) Every person convicted of violating this Section is | ||||||
22 | guilty
of a petty offense with a minimum fine of $95 and a | ||||||
23 | maximum fine of $250; unless the violation is contemporaneous | ||||||
24 | with a motor vehicle crash accident , in which case the person | ||||||
25 | is guilty of a Class C misdemeanor.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-489, eff. 1-1-14.)
| ||||||
2 | (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
| ||||||
3 | Sec. 15-301. Permits for excess size and weight.
| ||||||
4 | (a) The Department with respect to highways under its | ||||||
5 | jurisdiction
and local authorities with respect to highways | ||||||
6 | under their jurisdiction
may, in their discretion, upon | ||||||
7 | application and good cause being shown
therefor, issue a | ||||||
8 | special permit authorizing the applicant to operate or
move a | ||||||
9 | vehicle or combination of vehicles of a size or weight of | ||||||
10 | vehicle or
load exceeding the maximum specified in this Code | ||||||
11 | or otherwise not in
conformity with this Code upon any highway | ||||||
12 | under the jurisdiction of the
party granting such permit and | ||||||
13 | for the maintenance of which the party is
responsible. | ||||||
14 | Applications and permits other than those in written or
| ||||||
15 | printed form may only be accepted from and issued to the | ||||||
16 | company or
individual making the movement. Except for an | ||||||
17 | application to move directly
across a highway, it shall be the | ||||||
18 | duty of the applicant to establish in the
application that the | ||||||
19 | load to be moved by such vehicle or combination cannot | ||||||
20 | reasonably be
dismantled or
disassembled, the reasonableness | ||||||
21 | of which shall be determined by the Secretary of the | ||||||
22 | Department. For the purpose of
over length movements,
more | ||||||
23 | than one object may be carried side by side as long as the | ||||||
24 | height, width,
and weight laws are not exceeded and the cause | ||||||
25 | for the over length is not due
to multiple objects. For the |
| |||||||
| |||||||
1 | purpose of over height movements, more than one
object may be | ||||||
2 | carried as long as the cause for the over height is not due to
| ||||||
3 | multiple objects and the length, width, and weight laws are | ||||||
4 | not exceeded. For
the purpose of an over width movement, more | ||||||
5 | than one object may be carried as
long as the cause for the | ||||||
6 | over width is not due to multiple objects and length,
height, | ||||||
7 | and weight laws are not exceeded. Except for transporting | ||||||
8 | fluid milk products, no State or local agency shall
authorize | ||||||
9 | the issuance of excess size or weight permits for vehicles and | ||||||
10 | loads
that are divisible and that can be carried, when | ||||||
11 | divided, within the existing
size or weight maximums specified | ||||||
12 | in this Chapter. Any excess size or weight
permit issued in | ||||||
13 | violation of the provisions of this Section shall be void at
| ||||||
14 | issue and any movement made thereunder shall not be authorized | ||||||
15 | under the terms
of the void permit. In any prosecution for a | ||||||
16 | violation of this Chapter when
the authorization of an excess | ||||||
17 | size or weight permit is at issue, it is the
burden of the | ||||||
18 | defendant to establish that the permit was valid because the | ||||||
19 | load
to be moved could not reasonably be dismantled or | ||||||
20 | disassembled, or was
otherwise nondivisible.
| ||||||
21 | (a-1) As used in this Section, "extreme heavy duty tow and | ||||||
22 | recovery vehicle" means a tow truck manufactured as a unit | ||||||
23 | having a lifting capacity of not less than 50 tons, and having | ||||||
24 | either 4 axles and an unladen weight of not more than 80,000 | ||||||
25 | pounds or 5 axles and an unladen weight not more than 90,000 | ||||||
26 | pounds. Notwithstanding otherwise applicable gross and axle |
| |||||||
| |||||||
1 | weight limits, an extreme heavy duty tow and recovery vehicle | ||||||
2 | may lawfully travel to and from the scene of a disablement and | ||||||
3 | clear a disabled vehicle if the towing service has obtained an | ||||||
4 | extreme heavy duty tow and recovery permit for the vehicle. | ||||||
5 | The form and content of the permit shall be determined by the | ||||||
6 | Department with respect to highways under its jurisdiction and | ||||||
7 | by local authorities with respect to highways under their | ||||||
8 | jurisdiction. | ||||||
9 | (b) The application for any such permit shall: (1) state | ||||||
10 | whether
such permit is requested for a single trip or for | ||||||
11 | limited continuous
operation; (2) (blank); (3) specifically | ||||||
12 | describe and identify the vehicle or
vehicles and load to be | ||||||
13 | operated or moved; (4) state the
routing requested, including | ||||||
14 | the points of origin and destination, and may
identify and | ||||||
15 | include a request for routing to the nearest certified scale
| ||||||
16 | in accordance with the Department's rules and regulations, | ||||||
17 | provided the
applicant has approval to travel on local roads; | ||||||
18 | and (5) (blank).
| ||||||
19 | (c) The Department or local authority when not | ||||||
20 | inconsistent with
traffic safety is authorized to issue or | ||||||
21 | withhold such permit at its
discretion; or, if such permit is | ||||||
22 | issued at its discretion to prescribe
the route or routes to be | ||||||
23 | traveled, to limit the number of trips, to
establish seasonal | ||||||
24 | or other time limitations within which the vehicles
described | ||||||
25 | may be operated on the highways indicated, or otherwise to
| ||||||
26 | limit or prescribe conditions of operations of such vehicle or |
| |||||||
| |||||||
1 | vehicles,
when necessary to assure against undue damage to the | ||||||
2 | road foundations,
surfaces or structures, and may require such | ||||||
3 | undertaking or other
security as may be deemed necessary to | ||||||
4 | compensate for any injury to any
roadway or road structure. | ||||||
5 | The Department shall maintain a daily record of
each permit | ||||||
6 | issued along with the fee and the stipulated dimensions,
| ||||||
7 | weights, conditions, and restrictions authorized and this | ||||||
8 | record shall be
presumed correct in any case of questions or | ||||||
9 | dispute. The Department shall
install an automatic device for | ||||||
10 | recording telephone conversations involving permit | ||||||
11 | applications. The Department and
applicant waive all | ||||||
12 | objections to the recording of the conversation.
| ||||||
13 | (d) The Department shall, upon application in writing from | ||||||
14 | any local
authority, issue an annual permit authorizing the | ||||||
15 | local authority to
move oversize highway construction, | ||||||
16 | transportation, utility, and maintenance
equipment over roads | ||||||
17 | under the jurisdiction of the Department. The permit
shall be | ||||||
18 | applicable only to equipment and vehicles owned by or | ||||||
19 | registered
in the name of the local authority, and no fee shall | ||||||
20 | be charged for the
issuance of such permits.
| ||||||
21 | (e) As an exception to subsection (a) of this Section, the | ||||||
22 | Department
and local authorities, with respect to highways | ||||||
23 | under their respective
jurisdictions, in their discretion and | ||||||
24 | upon application in writing, may
issue a special permit for | ||||||
25 | limited continuous operation, authorizing the
applicant to | ||||||
26 | move loads of agricultural commodities on a 2-axle single
|
| |||||||
| |||||||
1 | vehicle registered by the Secretary of State with axle loads | ||||||
2 | not to exceed
35%, on a 3-axle or 4-axle
vehicle registered by | ||||||
3 | the Secretary of State with axle loads
not to exceed 20%, and | ||||||
4 | on a 5-axle vehicle registered by the
Secretary of State not to | ||||||
5 | exceed 10% above those provided in Section 15-111. The total | ||||||
6 | gross weight of the vehicle, however,
may not exceed the | ||||||
7 | maximum gross weight of the registration class of the vehicle | ||||||
8 | allowed under Section 3-815 or 3-818 of this Code. | ||||||
9 | As used in this Section, "agricultural commodities"
means: | ||||||
10 | (1) cultivated plants or agricultural produce grown,
| ||||||
11 | including, but not limited to, corn, soybeans, wheat, | ||||||
12 | oats, grain sorghum, canola, and rice; | ||||||
13 | (2) livestock, including, but not limited to, hogs, | ||||||
14 | equine, sheep, and poultry; | ||||||
15 | (3) ensilage; and | ||||||
16 | (4) fruits and vegetables.
| ||||||
17 | Permits may be issued for a
period not to exceed 40 days | ||||||
18 | and moves may be made of a distance not to
exceed 50 miles from | ||||||
19 | a field, an on-farm grain storage facility, a warehouse as | ||||||
20 | defined in the Grain Code, or a livestock management facility | ||||||
21 | as defined in the Livestock Management Facilities Act over any
| ||||||
22 | highway except the National System of Interstate and Defense | ||||||
23 | Highways. The operator of the vehicle,
however, must abide by | ||||||
24 | posted bridge and posted highway weight limits. All implements | ||||||
25 | of husbandry operating under this Section between sunset and | ||||||
26 | sunrise shall be equipped as prescribed in Section 12-205.1.
|
| |||||||
| |||||||
1 | (e-1) A special permit shall be issued by the Department | ||||||
2 | under this Section and shall
be required from September 1 | ||||||
3 | through December 31 for a vehicle that exceeds the maximum | ||||||
4 | axle weight and gross weight limits under Section 15-111 of | ||||||
5 | this Code or exceeds the vehicle's registered gross weight, | ||||||
6 | provided that the vehicle's axle weight and gross weight do | ||||||
7 | not exceed 10% above the maximum limits under Section 15-111 | ||||||
8 | of this Code and does not exceed the vehicle's registered | ||||||
9 | gross weight by 10%. All other restrictions that apply to | ||||||
10 | permits issued under this Section shall apply during the | ||||||
11 | declared time period and no fee shall be charged for the | ||||||
12 | issuance of those permits. Permits issued by the Department | ||||||
13 | under this subsection (e-1) are only valid on federal and | ||||||
14 | State highways under the jurisdiction of the Department, | ||||||
15 | except interstate highways. With
respect to highways under the | ||||||
16 | jurisdiction of local authorities, the local
authorities may, | ||||||
17 | at their discretion, waive special permit requirements and set | ||||||
18 | a divisible load weight limit not to exceed 10% above a | ||||||
19 | vehicle's registered gross weight, provided that the vehicle's | ||||||
20 | axle weight and gross weight do not exceed 10% above the | ||||||
21 | maximum limits specified in Section 15-111. Permits issued | ||||||
22 | under this subsection (e-1) shall apply to all registered | ||||||
23 | vehicles
eligible to obtain permits under this Section, | ||||||
24 | including vehicles used in private or for-hire movement of | ||||||
25 | divisible load agricultural commodities during the declared | ||||||
26 | time period.
|
| |||||||
| |||||||
1 | (f) The form and content of the permit shall be determined | ||||||
2 | by the
Department with respect to highways under its | ||||||
3 | jurisdiction and by local
authorities with respect to highways | ||||||
4 | under their jurisdiction. Every permit
shall be in written | ||||||
5 | form and carried in the vehicle or combination of
vehicles to | ||||||
6 | which it refers and shall be open to inspection by any
police | ||||||
7 | officer or authorized agent of any authority granting the | ||||||
8 | permit
and no person shall violate any of the terms or | ||||||
9 | conditions of such
special permit. Violation of the terms and | ||||||
10 | conditions of the permit
shall not be deemed a revocation of | ||||||
11 | the permit; however, any vehicle and load
found to be off the | ||||||
12 | route prescribed in the permit shall be held to be
operating | ||||||
13 | without a permit. Any off-route vehicle and load shall be | ||||||
14 | required
to obtain a new permit or permits, as necessary, to | ||||||
15 | authorize the movement back
onto the original permit routing. | ||||||
16 | No rule or regulation, nor anything herein,
shall be construed | ||||||
17 | to authorize any police officer, court, or authorized agent
of | ||||||
18 | any authority granting the permit to remove the permit from | ||||||
19 | the possession
of the permittee unless the permittee is | ||||||
20 | charged with a fraudulent permit
violation as provided in | ||||||
21 | subsection (i). However, upon arrest for an offense of
| ||||||
22 | violation of permit, operating without a permit when the | ||||||
23 | vehicle is off route,
or any size or weight offense under this | ||||||
24 | Chapter when the permittee plans to
raise the issuance of the | ||||||
25 | permit as a defense, the permittee, or his agent,
must produce | ||||||
26 | the permit at any court hearing concerning the alleged |
| |||||||
| |||||||
1 | offense.
| ||||||
2 | If the permit designates and includes a routing to a | ||||||
3 | certified scale, the permittee, while en route to the | ||||||
4 | designated scale, shall be deemed in compliance
with the | ||||||
5 | weight provisions of the permit provided the axle or gross | ||||||
6 | weights
do not exceed any of the permitted limits by more than | ||||||
7 | the following amounts:
| ||||||
8 | Single axle 2000 pounds
| ||||||
9 | Tandem axle 3000 pounds
| ||||||
10 | Gross 5000 pounds
| ||||||
11 | (g) The Department is authorized to adopt, amend, and make
| ||||||
12 | available to interested persons a policy concerning reasonable | ||||||
13 | rules,
limitations and conditions or provisions of operation | ||||||
14 | upon highways
under its jurisdiction in addition to those | ||||||
15 | contained in this Section
for the movement by special permit | ||||||
16 | of vehicles, combinations, or loads
which cannot reasonably be | ||||||
17 | dismantled or disassembled, including
manufactured and modular | ||||||
18 | home sections and portions thereof. All rules,
limitations and | ||||||
19 | conditions or provisions adopted in the policy shall
have due | ||||||
20 | regard for the safety of the traveling public and the | ||||||
21 | protection
of the highway system and shall have been | ||||||
22 | promulgated in conformity with
the provisions of the Illinois | ||||||
23 | Administrative Procedure Act. The
requirements of the policy | ||||||
24 | for flagmen and escort vehicles shall be the
same for all moves | ||||||
25 | of comparable size and weight. When escort vehicles are
| ||||||
26 | required, they shall meet the following requirements:
|
| |||||||
| |||||||
1 | (1) All operators shall be 18 years of age or over and | ||||||
2 | properly
licensed to operate the vehicle.
| ||||||
3 | (2) Vehicles escorting oversized loads more than 12 | ||||||
4 | feet wide must
be equipped with a rotating or flashing | ||||||
5 | amber light mounted on top as specified
under Section | ||||||
6 | 12-215.
| ||||||
7 | The Department shall establish reasonable rules and | ||||||
8 | regulations
regarding liability insurance or self insurance | ||||||
9 | for vehicles with
oversized loads promulgated under the | ||||||
10 | Illinois Administrative Procedure
Act. Police vehicles may be | ||||||
11 | required for escort under circumstances as
required by rules | ||||||
12 | and regulations of the Department.
| ||||||
13 | (h) Violation of any rule, limitation or condition or | ||||||
14 | provision of
any permit issued in accordance with the | ||||||
15 | provisions of this Section
shall not render the entire permit | ||||||
16 | null and void but the violator shall
be deemed guilty of | ||||||
17 | violation of permit and guilty of exceeding any size,
weight, | ||||||
18 | or load limitations in excess of those authorized by the | ||||||
19 | permit.
The prescribed route or routes on the permit are not | ||||||
20 | mere rules, limitations,
conditions, or provisions of the | ||||||
21 | permit, but are also the sole extent of the
authorization | ||||||
22 | granted by the permit. If a vehicle and load are found to be
| ||||||
23 | off the route or routes prescribed by any permit authorizing | ||||||
24 | movement,
the vehicle and load are operating without a permit. | ||||||
25 | Any off-route movement
shall be subject to the size and weight | ||||||
26 | maximums, under the applicable
provisions of this Chapter, as |
| |||||||
| |||||||
1 | determined by the type or class highway upon
which the vehicle | ||||||
2 | and load are being operated.
| ||||||
3 | (i) Whenever any vehicle is operated or movement made | ||||||
4 | under a
fraudulent permit, the permit shall be void, and the | ||||||
5 | person, firm, or
corporation to whom such permit was granted, | ||||||
6 | the driver of such vehicle
in addition to the person who issued | ||||||
7 | such permit and any accessory,
shall be guilty of fraud and | ||||||
8 | either one or all persons may be prosecuted
for such | ||||||
9 | violation. Any person, firm, or corporation committing such
| ||||||
10 | violation shall be guilty of a Class 4 felony and the | ||||||
11 | Department shall
not issue permits to the person, firm, or | ||||||
12 | corporation convicted of such
violation for a period of one | ||||||
13 | year after the date of conviction.
Penalties for violations of | ||||||
14 | this Section shall be in addition to any
penalties imposed for | ||||||
15 | violation of other Sections of this Code.
| ||||||
16 | (j) Whenever any vehicle is operated or movement made in | ||||||
17 | violation
of a permit issued in accordance with this Section, | ||||||
18 | the person to whom
such permit was granted, or the driver of | ||||||
19 | such vehicle, is guilty of
such violation and either, but not | ||||||
20 | both, persons may be prosecuted for
such violation as stated | ||||||
21 | in this subsection (j). Any person, firm, or
corporation | ||||||
22 | convicted of such violation shall be guilty of a petty
offense | ||||||
23 | and shall be fined, for the first offense, not less than $50 | ||||||
24 | nor
more than $200 and, for the second offense by the same | ||||||
25 | person, firm, or
corporation within a period of one year, not | ||||||
26 | less than $200 nor more
than $300 and, for the third offense by |
| |||||||
| |||||||
1 | the same person, firm, or
corporation within a period of one | ||||||
2 | year after the date of the first
offense, not less than $300 | ||||||
3 | nor more than $500 and the Department may, in its discretion, | ||||||
4 | not issue permits to the person, firm, or corporation | ||||||
5 | convicted of a
third offense during a period of one year after | ||||||
6 | the date of conviction or supervision
for such third offense. | ||||||
7 | If any violation is the cause or contributing cause in a motor | ||||||
8 | vehicle crash accident causing damage to property, injury, or | ||||||
9 | death to a person, the Department may, in its discretion, not | ||||||
10 | issue a permit to the person, firm, or corporation for a period | ||||||
11 | of one year after the date of conviction or supervision for the | ||||||
12 | offense.
| ||||||
13 | (k) Whenever any vehicle is operated on local roads under | ||||||
14 | permits
for excess width or length issued by local | ||||||
15 | authorities, such vehicle may
be moved upon a State highway | ||||||
16 | for a distance not to exceed one-half mile
without a permit for | ||||||
17 | the purpose of crossing the State highway.
| ||||||
18 | (l) Notwithstanding any other provision of this Section, | ||||||
19 | the Department,
with respect to highways under its | ||||||
20 | jurisdiction, and local authorities, with
respect to highways | ||||||
21 | under their jurisdiction, may at their discretion authorize
| ||||||
22 | the movement of a vehicle in violation of any size or weight | ||||||
23 | requirement, or
both, that would not ordinarily be eligible | ||||||
24 | for a permit, when there is a
showing of extreme necessity that | ||||||
25 | the vehicle and load should be moved without
unnecessary | ||||||
26 | delay.
|
| |||||||
| |||||||
1 | For the purpose of this subsection, showing of extreme | ||||||
2 | necessity shall be
limited to the following: shipments of | ||||||
3 | livestock, hazardous materials, liquid
concrete being hauled | ||||||
4 | in a mobile cement mixer, or hot asphalt.
| ||||||
5 | (m) Penalties for violations of this Section shall be in | ||||||
6 | addition to any
penalties imposed for violating any other | ||||||
7 | Section of this Code.
| ||||||
8 | (n) The Department with respect to highways under its | ||||||
9 | jurisdiction and
local
authorities with respect to highways | ||||||
10 | under their jurisdiction, in their
discretion and upon
| ||||||
11 | application in writing, may issue a special permit for | ||||||
12 | continuous limited
operation,
authorizing the applicant to | ||||||
13 | operate a tow truck that exceeds the weight limits
provided
| ||||||
14 | for in subsection (a) of Section 15-111, provided:
| ||||||
15 | (1) no rear single axle of the tow truck exceeds | ||||||
16 | 26,000 pounds;
| ||||||
17 | (2) no rear tandem axle of the tow truck exceeds | ||||||
18 | 50,000 pounds;
| ||||||
19 | (2.1) no triple rear axle on a manufactured recovery | ||||||
20 | unit exceeds 60,000
pounds; | ||||||
21 | (3) neither the disabled vehicle nor the disabled | ||||||
22 | combination of vehicles
exceed the
weight restrictions | ||||||
23 | imposed by this Chapter 15, or the weight limits imposed
| ||||||
24 | under a
permit issued by the Department prior to hookup;
| ||||||
25 | (4) the tow truck prior to hookup does not exceed the | ||||||
26 | weight restrictions
imposed
by this Chapter 15;
|
| |||||||
| |||||||
1 | (5) during the tow operation the tow truck does not | ||||||
2 | violate any weight
restriction
sign;
| ||||||
3 | (6) the tow truck is equipped with flashing, rotating, | ||||||
4 | or oscillating
amber
lights,
visible for at least 500 feet | ||||||
5 | in all directions;
| ||||||
6 | (7) the tow truck is specifically designed and | ||||||
7 | licensed as a tow truck;
| ||||||
8 | (8) the tow truck has a gross vehicle weight rating of | ||||||
9 | sufficient
capacity to safely
handle the load;
| ||||||
10 | (9) the tow truck is equipped with air brakes;
| ||||||
11 | (10) the tow truck is capable of utilizing the | ||||||
12 | lighting and braking
systems of the
disabled vehicle or | ||||||
13 | combination of vehicles;
| ||||||
14 | (11) the tow commences at the initial point of wreck | ||||||
15 | or disablement and terminates at a point where the repairs | ||||||
16 | are actually to occur;
| ||||||
17 | (12) the permit issued to the tow truck is carried in | ||||||
18 | the tow truck
and
exhibited on demand by a police officer; | ||||||
19 | and
| ||||||
20 | (13) the movement shall be valid only on State routes | ||||||
21 | approved by the
Department.
| ||||||
22 | (o) (Blank).
| ||||||
23 | (p) In determining whether a load may be reasonably | ||||||
24 | dismantled or disassembled for the purpose of subsection (a), | ||||||
25 | the Department shall consider whether there is a significant | ||||||
26 | negative impact on the condition of the pavement and |
| |||||||
| |||||||
1 | structures along the proposed route, whether the load or | ||||||
2 | vehicle as proposed causes a safety hazard to the traveling | ||||||
3 | public, whether dismantling or disassembling the load promotes | ||||||
4 | or stifles economic development, and whether the proposed | ||||||
5 | route travels less than 5 miles. A load is not required to be | ||||||
6 | dismantled or disassembled for the purposes of subsection (a) | ||||||
7 | if the Secretary of the Department determines there will be no | ||||||
8 | significant negative impact to pavement or structures along | ||||||
9 | the proposed route, the proposed load or vehicle causes no | ||||||
10 | safety hazard to the traveling public, dismantling or | ||||||
11 | disassembling the load does not promote economic development, | ||||||
12 | and the proposed route travels less than 5 miles.
The | ||||||
13 | Department may promulgate rules for the purpose of | ||||||
14 | establishing the divisibility of a load pursuant to subsection | ||||||
15 | (a). Any load determined by the Secretary to be nondivisible | ||||||
16 | shall otherwise comply with the existing size or weight | ||||||
17 | maximums specified in this Chapter. | ||||||
18 | (Source: P.A. 101-81, eff. 7-12-19; 101-547, eff. 1-1-20; | ||||||
19 | 102-124, eff. 7-23-21.)
| ||||||
20 | (625 ILCS 5/16-108)
| ||||||
21 | Sec. 16-108. Claims of diplomatic immunity.
| ||||||
22 | (a) This Section applies only to an individual that | ||||||
23 | displays to a police
officer a
driver's license issued by the | ||||||
24 | U.S. Department of State or that otherwise
claims
immunities | ||||||
25 | or privileges under Title 22, Chapter 6 of the United States |
| |||||||
| |||||||
1 | Code
with
respect to the individual's violation of Section 9-3 | ||||||
2 | or Section 9-3.2 of the
Criminal Code
of 2012 or his or her | ||||||
3 | violation of a traffic regulation governing the movement
of | ||||||
4 | vehicles
under this Code or a similar provision of a local | ||||||
5 | ordinance.
| ||||||
6 | (b) If a driver subject to this Section is stopped by a | ||||||
7 | police officer that
has
probable cause to believe that the | ||||||
8 | driver has committed a violation described
in
subsection (a) | ||||||
9 | of this Section, the police officer shall:
| ||||||
10 | (1) as soon as practicable contact the U.S. Department | ||||||
11 | of State office in
order to verify the driver's status and | ||||||
12 | immunity, if any;
| ||||||
13 | (2) record all relevant information from any driver's | ||||||
14 | license or
identification card, including a driver's | ||||||
15 | license or identification card issued
by the
U.S. | ||||||
16 | Department of State; and
| ||||||
17 | (3) within 5 workdays after the date of the stop, | ||||||
18 | forward the following to
the Secretary of State of | ||||||
19 | Illinois:
| ||||||
20 | (A) a vehicle crash accident report, if the driver | ||||||
21 | was involved in a vehicle
crash accident ;
| ||||||
22 | (B) if a citation or charge was issued to the | ||||||
23 | driver, a copy of the
citation or charge; and
| ||||||
24 | (C) if a citation or charge was not issued to the | ||||||
25 | driver, a written
report of the incident.
| ||||||
26 | (c) Upon receiving material submitted under paragraph (3) |
| |||||||
| |||||||
1 | of subsection (b)
of
this Section, the Secretary of State | ||||||
2 | shall:
| ||||||
3 | (1) file each vehicle crash accident report, citation | ||||||
4 | or charge, and incident
report
received;
| ||||||
5 | (2) keep convenient records or make suitable notations | ||||||
6 | showing each:
| ||||||
7 | (A) conviction;
| ||||||
8 | (B) disposition of court supervision for any | ||||||
9 | violation of Section 11-501
of this Code; and
| ||||||
10 | (C) vehicle crash accident ; and
| ||||||
11 | (3) send a copy of each document and record described | ||||||
12 | in paragraph (2) of
this subsection (c) to the Bureau of | ||||||
13 | Diplomatic Security, Office of Foreign
Missions, of the | ||||||
14 | U.S. Department of State.
| ||||||
15 | (d) This Section does not prohibit or limit the | ||||||
16 | application of any law to a
criminal
or motor vehicle | ||||||
17 | violation by an individual who has or claims immunities or
| ||||||
18 | privileges
under Title 22, Chapter 6 of the United States | ||||||
19 | Code.
| ||||||
20 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
21 | (625 ILCS 5/18a-301) (from Ch. 95 1/2, par. 18a-301)
| ||||||
22 | Sec. 18a-301. Commercial vehicle relocators - Security | ||||||
23 | requirements.
Every commercial vehicle relocator shall file | ||||||
24 | with the Commission and have
in effect an indemnity bond or | ||||||
25 | insurance policy or certificates of bonds
or insurance in lieu |
| |||||||
| |||||||
1 | thereof which shall indemnify or insure the relocator
for its | ||||||
2 | liability: (1) for injury to person, in an amount not less than
| ||||||
3 | $100,000 to any one person and $300,000 for any one crash | ||||||
4 | accident ; (2) in case
of damage to property other than a | ||||||
5 | vehicle being removed, in an amount not
less than $50,000 for | ||||||
6 | any one crash accident ; and (3) in case of damage to any
| ||||||
7 | vehicle relocated or stored by the relocator, in an amount not | ||||||
8 | less than
$15,000 per vehicle. Any such bond or policy shall be | ||||||
9 | issued by a bonding
or insurance firm authorized to do | ||||||
10 | business as such in
the State of Illinois.
All certificates or | ||||||
11 | indemnity bonds or insurance filed with the Commission
must | ||||||
12 | show the coverage effective continuously until cancelled, and | ||||||
13 | the Commission
may require such evidence of continued validity | ||||||
14 | as it deems necessary.
| ||||||
15 | (Source: P.A. 85-1396.)
| ||||||
16 | (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
| ||||||
17 | Sec. 18b-105. Rules and Regulations.
| ||||||
18 | (a) The Department is authorized to make and adopt | ||||||
19 | reasonable rules and
regulations and orders consistent with | ||||||
20 | law necessary to carry out the
provisions of this Chapter.
| ||||||
21 | (b) The following parts of Title 49 of the Code of Federal | ||||||
22 | Regulations,
as now in effect, are hereby adopted by reference | ||||||
23 | as though they were set
out in full:
| ||||||
24 | Part 40 - Procedures For Transportation Workplace Drug and | ||||||
25 | Alcohol Testing Programs; |
| |||||||
| |||||||
1 | Part 380 - Special Training Requirements; | ||||||
2 | Part 382 - Controlled Substances and Alcohol Use and | ||||||
3 | Testing;
| ||||||
4 | Part 383 - Commercial Driver's License Standards, | ||||||
5 | Requirements, and
Penalties;
| ||||||
6 | Part 385 - Safety Fitness Procedures;
| ||||||
7 | Part 386 Appendix B - Penalty Schedule; Violations and | ||||||
8 | Maximum Monetary Penalties; | ||||||
9 | Part 387 - Minimum Levels of Financial Responsibility for | ||||||
10 | Motor Carriers;
| ||||||
11 | Part 390 - Federal Motor Carrier Safety Regulations: | ||||||
12 | General;
| ||||||
13 | Part 391 - Qualifications of Drivers;
| ||||||
14 | Part 392 - Driving of Motor Vehicles;
| ||||||
15 | Part 393 - Parts and Accessories Necessary for Safe | ||||||
16 | Operation;
| ||||||
17 | Part 395 - Hours of Service of Drivers, except as provided | ||||||
18 | in
Section 18b-106.1;
| ||||||
19 | Part 396 - Inspection, Repair and Maintenance; and | ||||||
20 | Part 397 - Transportation of hazardous materials; Driving | ||||||
21 | and Parking Rules.
| ||||||
22 | (b-5) Individuals who meet the requirements set forth in | ||||||
23 | the definition
of "medical examiner" in Section 390.5 of Part | ||||||
24 | 390 of Title 49 of the Code
of Federal Regulations may act as | ||||||
25 | medical examiners in accordance with
Part 391 of Title 49 of | ||||||
26 | the Code of Federal Regulations.
|
| |||||||
| |||||||
1 | (c) The following parts and Sections of the Federal Motor | ||||||
2 | Carrier Safety
Regulations shall not apply to those intrastate | ||||||
3 | carriers, drivers or
vehicles subject to subsection (b).
| ||||||
4 | (1) Section 393.93 of Part 393 for those vehicles | ||||||
5 | manufactured before
June 30, 1972.
| ||||||
6 | (2) Section 393.86 of Part 393 for those vehicles | ||||||
7 | registered
as farm trucks under subsection (c) of Section | ||||||
8 | 3-815 of this Code.
| ||||||
9 | (3) (Blank).
| ||||||
10 | (4) (Blank).
| ||||||
11 | (5) Paragraph (b)(1) of Section 391.11 of Part 391.
| ||||||
12 | (6) All of Part 395 for all agricultural operations as | ||||||
13 | defined in Section 18b-101 of this Chapter at any time of | ||||||
14 | the year
and all farm to market agricultural | ||||||
15 | transportation as defined in
Chapter 1
and for grain | ||||||
16 | hauling operations within a radius of 200 air miles of the
| ||||||
17 | normal work reporting location.
| ||||||
18 | (7) Paragraphs (b)(3) (insulin dependent diabetic) and | ||||||
19 | (b)(10) (minimum
visual acuity) of Section 391.41 of part | ||||||
20 | 391, but only for any driver who
immediately prior to July | ||||||
21 | 29, 1986 was eligible and licensed to operate a
motor | ||||||
22 | vehicle subject to this Section and was engaged in | ||||||
23 | operating such
vehicles, and who was disqualified on July | ||||||
24 | 29, 1986 by the adoption of Part
391 by reason of the | ||||||
25 | application of paragraphs (b)(3) and (b)(10) of Section
| ||||||
26 | 391.41 with respect to a physical condition existing at |
| |||||||
| |||||||
1 | that time unless such
driver has a record of crashes | ||||||
2 | accidents which would indicate a lack of ability to
| ||||||
3 | operate a motor vehicle in a safe manner.
| ||||||
4 | (d) Intrastate carriers subject to the recording | ||||||
5 | provisions of Section
395.8 of Part 395 of the Federal Motor | ||||||
6 | Carrier Safety Regulations shall be
exempt as established | ||||||
7 | under paragraph (1) of Section 395.8; provided,
however, for | ||||||
8 | the purpose of this Code, drivers shall operate within a 150
| ||||||
9 | air-mile radius of the normal work reporting location to | ||||||
10 | qualify for exempt
status.
| ||||||
11 | (e) Regulations adopted by the Department subsequent to | ||||||
12 | those adopted
under subsection (b) hereof shall be identical | ||||||
13 | in substance to the Federal
Motor Carrier Safety Regulations | ||||||
14 | of the United States Department of
Transportation and adopted | ||||||
15 | in accordance with the procedures for rulemaking
in Section | ||||||
16 | 5-35 of the Illinois Administrative Procedure Act.
| ||||||
17 | (Source: P.A. eff. 1-1-02; eff. 1-1-02; 94-519, eff. 8-10-05; | ||||||
18 | 94-739, eff. 5-5-06.)
| ||||||
19 | (625 ILCS 5/18b-108) (from Ch. 95 1/2, par. 18b-108)
| ||||||
20 | Sec. 18b-108. Violations; criminal penalties.
| ||||||
21 | (a) The provisions of Chapter 16 shall be applicable to | ||||||
22 | acts committed
by a driver of a motor vehicle that violate this | ||||||
23 | Chapter or any rule or
regulation issued under this Chapter.
| ||||||
24 | (b) Except as provided in subsection (d), any driver who | ||||||
25 | willfully violates any provision of this Chapter or
any rule |
| |||||||
| |||||||
1 | or regulation issued under this Chapter is guilty of a Class 4
| ||||||
2 | felony. In addition to any other penalties prescribed by law, | ||||||
3 | the maximum
fine for each offense is $10,000.
Such violation | ||||||
4 | shall be prosecuted by the State's Attorney or the Attorney
| ||||||
5 | General.
| ||||||
6 | (c) Except as provided in subsection (d), any person, | ||||||
7 | other than a driver, who willfully
violates or causes another | ||||||
8 | to violate any provision of this Chapter or any
rule or | ||||||
9 | regulation issued
under this Chapter is guilty of a Class 3 | ||||||
10 | felony. In addition to any other
penalties prescribed by law, | ||||||
11 | the maximum fine for each offense is $25,000.
Such violation | ||||||
12 | shall be prosecuted
at the request of the Department
by the | ||||||
13 | State's Attorney or the Attorney General. | ||||||
14 | (d) Any driver who willfully violates Parts 392, 395, | ||||||
15 | Sections 391.11, 391.15, 391.41, or 391.45 of Part 391, or any | ||||||
16 | other Part of Title 49 of the Code of Federal Regulations, as | ||||||
17 | adopted by reference in Section 18b-105 of this Code, which | ||||||
18 | would place the driver or vehicle out of service, when the | ||||||
19 | violation results in a motor vehicle crash accident that | ||||||
20 | causes great bodily harm, permanent disability or | ||||||
21 | disfigurement, or death to another person, is guilty of a | ||||||
22 | Class 3 felony. Any person other than the driver who willfully | ||||||
23 | violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or | ||||||
24 | 391.45 of Part 391 or any other Part of Title 49 of the Code of | ||||||
25 | Federal Regulations, as adopted by reference in Section | ||||||
26 | 18b-105 of this Code, which would place the driver or vehicle |
| |||||||
| |||||||
1 | out of service, when the violation results in a motor vehicle | ||||||
2 | crash accident that causes great bodily harm, permanent | ||||||
3 | disability or disfigurement, or death to another person, is | ||||||
4 | guilty of a Class 2 felony.
| ||||||
5 | (Source: P.A. 99-291, eff. 1-1-16 .)
| ||||||
6 | (625 ILCS 5/18c-6502) (from Ch. 95 1/2, par. 18c-6502)
| ||||||
7 | Sec. 18c-6502. Report and Investigation of Crashes | ||||||
8 | Accidents . (1) Reports.
Every motor carrier of passengers | ||||||
9 | shall report to the
Commission, by the speediest means | ||||||
10 | possible, whether telephone,
telegraph, or otherwise, every | ||||||
11 | crash accident involving its
equipment which resulted in loss | ||||||
12 | of life to any person. In
addition to reports required to be | ||||||
13 | filed with the Department of
Transportation, under Article IV | ||||||
14 | of Chapter 11 and Chapter 7 of this
Code, such carrier shall | ||||||
15 | file a written report with the
Commission, in accordance with | ||||||
16 | regulations adopted hereunder,
of any crash accident which | ||||||
17 | results in injury or loss of life to
any employee, or damage to | ||||||
18 | the person or property of any
member of the public. The | ||||||
19 | Commission and the Department of
Transportation may adopt, by
| ||||||
20 | reference, such state or federal reporting requirements as
| ||||||
21 | will effectuate the purposes of this Section and promote
| ||||||
22 | uniformity in bus crash accident reporting.
| ||||||
23 | (2) Investigations.
The Commission and the Department of | ||||||
24 | Transportation may investigate any
bus crash accident reported | ||||||
25 | to
it or of which it acquires knowledge independent of reports
|
| |||||||
| |||||||
1 | made by motor carriers of passengers, and shall have the
power | ||||||
2 | to enter such orders and adopt such regulations as will
| ||||||
3 | minimize the risk of future crashes accidents .
| ||||||
4 | (Source: P.A. 84-1246.)
| ||||||
5 | (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
| ||||||
6 | Sec. 18c-7402. Safety requirements for railroad | ||||||
7 | operations.
| ||||||
8 | (1) Obstruction of crossings.
| ||||||
9 | (a) Obstruction of emergency vehicles.
Every railroad | ||||||
10 | shall be operated in such a manner as to
minimize | ||||||
11 | obstruction of emergency vehicles at crossings.
Where such | ||||||
12 | obstruction occurs and the train crew is
aware of the | ||||||
13 | obstruction, the train crew shall
immediately take any | ||||||
14 | action, consistent with safe
operating procedure, | ||||||
15 | necessary to remove the
obstruction. In the Chicago and | ||||||
16 | St. Louis switching
districts, every railroad dispatcher | ||||||
17 | or other person
responsible for the movement of railroad | ||||||
18 | equipment in a
specific area who receives notification | ||||||
19 | that railroad
equipment is obstructing the movement of an | ||||||
20 | emergency
vehicle at any crossing within such area shall
| ||||||
21 | immediately notify the train crew through use of
existing | ||||||
22 | communication facilities. Upon notification,
the train | ||||||
23 | crew shall take immediate action in accordance
with this | ||||||
24 | paragraph.
| ||||||
25 | (b) Obstruction of highway at grade crossing |
| |||||||
| |||||||
1 | prohibited.
It is unlawful for a rail carrier to permit | ||||||
2 | any train,
railroad car or engine to obstruct public | ||||||
3 | travel at a
railroad-highway grade crossing for a period | ||||||
4 | in excess
of 10 minutes, except where such train or | ||||||
5 | railroad car
is continuously moving or cannot be moved by | ||||||
6 | reason of
circumstances over which the rail carrier has no
| ||||||
7 | reasonable control.
| ||||||
8 | In a county with a population of greater than | ||||||
9 | 1,000,000, as determined by
the most recent federal | ||||||
10 | census, during the
hours of 7:00 a.m. through 9:00 a.m. | ||||||
11 | and 4:00 p.m. through 6:00 p.m. it is
unlawful for a rail | ||||||
12 | carrier to permit any single train or railroad car to
| ||||||
13 | obstruct
public travel at a railroad-highway grade | ||||||
14 | crossing in excess of a total of 10
minutes during a 30 | ||||||
15 | minute period, except where the train or railroad
car
| ||||||
16 | cannot be moved by reason or circumstances over which the | ||||||
17 | rail carrier has no
reasonable control. Under no | ||||||
18 | circumstances will a moving train be stopped for
the | ||||||
19 | purposes of
issuing a citation related to this Section.
| ||||||
20 | However, no employee acting under the rules or orders | ||||||
21 | of the rail carrier or
its supervisory personnel may be | ||||||
22 | prosecuted for a violation of this
subsection (b).
| ||||||
23 | (c) Punishment for obstruction of grade crossing.
Any | ||||||
24 | rail carrier violating paragraph (b) of this
subsection | ||||||
25 | shall be guilty of a petty offense and fined
not less than | ||||||
26 | $200 nor more than $500 if the duration of
the obstruction |
| |||||||
| |||||||
1 | is in excess of 10 minutes but no longer
than 15 minutes. | ||||||
2 | If the duration of the obstruction
exceeds 15 minutes the | ||||||
3 | violation shall be a business
offense and the following | ||||||
4 | fines shall be imposed: if
the duration of the obstruction | ||||||
5 | is in excess of 15
minutes but no longer than 20 minutes, | ||||||
6 | the fine shall be
$500; if the duration of the obstruction | ||||||
7 | is in excess of
20 minutes but no longer than 25 minutes, | ||||||
8 | the fine shall
be $700; if the duration of the obstruction | ||||||
9 | is in excess
of 25 minutes, but no longer than 30 minutes, | ||||||
10 | the fine
shall be $900; if the duration of the obstruction | ||||||
11 | is in
excess of 30 minutes but no longer than 35 minutes, | ||||||
12 | the
fine shall be $1,000; if the duration of the | ||||||
13 | obstruction
is in excess of 35 minutes, the fine shall be | ||||||
14 | $1,000
plus an additional $500 for each 5 minutes of
| ||||||
15 | obstruction in excess of 25 minutes of obstruction.
| ||||||
16 | (2) Other operational requirements.
| ||||||
17 | (a) Bell and whistle-crossings.
Every rail carrier | ||||||
18 | shall cause a bell, and a whistle or
horn to be placed and | ||||||
19 | kept on each locomotive, and shall
cause the same to be | ||||||
20 | rung or sounded by the engineer or
fireman, at the | ||||||
21 | distance of at least 1,320 feet, from the
place where the | ||||||
22 | railroad crosses or intersects any
public highway, and | ||||||
23 | shall be kept ringing or sounding
until the highway is | ||||||
24 | reached; provided that at crossings
where the Commission | ||||||
25 | shall by order direct, only after a hearing has been
held | ||||||
26 | to determine the public is reasonably and sufficiently |
| |||||||
| |||||||
1 | protected, the rail
carrier may be excused from giving | ||||||
2 | warning provided by
this paragraph.
| ||||||
3 | (a-5) The requirements of paragraph (a) of this
| ||||||
4 | subsection (2) regarding ringing a bell and sounding a
| ||||||
5 | whistle or horn do not apply at a railroad crossing that
| ||||||
6 | has a permanently installed automated audible warning
| ||||||
7 | device authorized by the Commission under Section
| ||||||
8 | 18c-7402.1 that sounds automatically when an approaching
| ||||||
9 | train is at least 1,320 feet from the crossing and that
| ||||||
10 | keeps sounding until the lead locomotive has crossed the
| ||||||
11 | highway. The engineer or fireman may ring the bell or
| ||||||
12 | sound the whistle or horn at a railroad crossing that has a
| ||||||
13 | permanently installed audible warning device.
| ||||||
14 | (b) Speed limits.
Each rail carrier shall operate its | ||||||
15 | trains in compliance
with speed limits set by the | ||||||
16 | Commission. The Commission
may set train speed limits only | ||||||
17 | where such limits are
necessitated by extraordinary | ||||||
18 | circumstances affecting
the public safety, and shall | ||||||
19 | maintain such train speed
limits in effect only for such | ||||||
20 | time as the extraordinary
circumstances prevail.
| ||||||
21 | The Commission and the Department of Transportation | ||||||
22 | shall conduct a study
of the relation between train speeds | ||||||
23 | and railroad-highway grade crossing
safety. The Commission | ||||||
24 | shall report the findings of the study to the General
| ||||||
25 | Assembly no later than January 5, 1997.
| ||||||
26 | (c) Special speed limit; pilot project. The Commission |
| |||||||
| |||||||
1 | and the
Board of the Commuter Rail Division of the | ||||||
2 | Regional Transportation Authority
shall conduct a pilot | ||||||
3 | project in the Village of
Fox River Grove, the site of the
| ||||||
4 | fatal school bus crash accident at a railroad crossing
on | ||||||
5 | October 25, 1995, in order to improve railroad crossing | ||||||
6 | safety. For this
project, the Commission is directed to | ||||||
7 | set the maximum train speed limit for
Regional | ||||||
8 | Transportation Authority trains at 50 miles per hour at | ||||||
9 | intersections
on
that portion of
the intrastate rail line | ||||||
10 | located in the Village of Fox River Grove.
If the Regional | ||||||
11 | Transportation Authority deliberately fails to comply with | ||||||
12 | this
maximum speed
limit, then any entity, governmental or | ||||||
13 | otherwise, that provides capital or
operational funds to | ||||||
14 | the Regional Transportation
Authority shall appropriately | ||||||
15 | reduce or eliminate that funding.
The Commission shall | ||||||
16 | report
to the Governor and the General Assembly on the | ||||||
17 | results of this pilot
project in January
1999, January | ||||||
18 | 2000, and January 2001. The Commission shall also submit a | ||||||
19 | final
report on the pilot project to the Governor and the | ||||||
20 | General Assembly in January
2001. The provisions of this
| ||||||
21 | subsection (c), other than this sentence, are inoperative | ||||||
22 | after February 1,
2001.
| ||||||
23 | (d) Freight train crew size. No rail carrier shall | ||||||
24 | operate or cause to operate a train or light engine used in | ||||||
25 | connection with the movement of freight unless it has an | ||||||
26 | operating crew consisting of at least 2 individuals. The |
| |||||||
| |||||||
1 | minimum freight train crew size indicated in this | ||||||
2 | subsection (d) shall remain in effect until a federal law | ||||||
3 | or rule encompassing the subject matter has been adopted. | ||||||
4 | The Commission, with respect to freight train crew member | ||||||
5 | size under this subsection (d), has the power to conduct | ||||||
6 | evidentiary hearings, make findings, and issue and enforce | ||||||
7 | orders, including sanctions under Section 18c-1704 of this | ||||||
8 | Chapter. As used in this subsection (d), "train or light | ||||||
9 | engine" does not include trains operated by a hostler | ||||||
10 | service or utility employees. | ||||||
11 | (3) Report and investigation of rail accidents.
| ||||||
12 | (a) Reports.
Every rail carrier shall report to the | ||||||
13 | Commission, by
the speediest means possible, whether | ||||||
14 | telephone,
telegraph, or otherwise, every accident | ||||||
15 | involving its
equipment, track, or other property which | ||||||
16 | resulted in
loss of life to any person. In addition, such | ||||||
17 | carriers
shall file a written report with the Commission.
| ||||||
18 | Reports submitted under this paragraph shall be strictly
| ||||||
19 | confidential, shall be specifically prohibited from
| ||||||
20 | disclosure, and shall not be admissible in any
| ||||||
21 | administrative or judicial proceeding relating to the
| ||||||
22 | accidents reported.
| ||||||
23 | (b) Investigations.
The Commission may investigate all | ||||||
24 | railroad accidents
reported to it or of which it acquires | ||||||
25 | knowledge
independent of reports made by rail carriers, | ||||||
26 | and shall
have the power, consistent with standards and
|
| |||||||
| |||||||
1 | procedures established under the Federal Railroad Safety | ||||||
2 | Act, as amended, to
enter such
temporary orders as will | ||||||
3 | minimize the risk of future accidents pending notice,
| ||||||
4 | hearing, and final action by the Commission.
| ||||||
5 | (Source: P.A. 100-201, eff. 8-18-17; 101-294, eff. 1-1-20 .)
| ||||||
6 | (625 ILCS 5/20-202) (from Ch. 95 1/2, par. 20-202)
| ||||||
7 | Sec. 20-202. Act not retroactive. This Act shall not have | ||||||
8 | a retroactive effect and shall not apply to
any traffic crash | ||||||
9 | accident , to a cause of action arising out of a traffic
crash | ||||||
10 | accident or judgment arising therefrom, or to any violation of | ||||||
11 | the laws
of this State, occurring prior to the effective date | ||||||
12 | of this Act.
| ||||||
13 | (Source: P.A. 76-1586.)
| ||||||
14 | (625 ILCS 5/20-205 new) | ||||||
15 | Sec. 20-205. Use of current documents. A State agency may | ||||||
16 | exhaust any copies of a form or document using "accident", in | ||||||
17 | relation to automobile accidents, motor vehicle accidents, and | ||||||
18 | traffic accidents before printing copies of a new version of | ||||||
19 | the form or document that uses "crash" pursuant to the changes | ||||||
20 | made by this amendatory Act of the 102nd General Assembly.
| ||||||
21 | Section 110. The Child Passenger Protection Act is amended | ||||||
22 | by changing Section 2 as follows:
|
| |||||||
| |||||||
1 | (625 ILCS 25/2) (from Ch. 95 1/2, par. 1102)
| ||||||
2 | Sec. 2. Legislative Finding - Purpose. The General | ||||||
3 | Assembly finds that
a substantial number of passengers under | ||||||
4 | the age of 8 years riding in
motor
vehicles, which are most | ||||||
5 | frequently operated by a parent, annually die or
sustain | ||||||
6 | serious physical injury as a direct result of not being placed | ||||||
7 | in
an appropriate child passenger restraint system.
Motor | ||||||
8 | vehicle crashes are the leading cause of death for children
of | ||||||
9 | every age from 4 to 14 years old.
The General Assembly further | ||||||
10 | finds that
the safety of the motoring public is seriously | ||||||
11 | threatened as indicated by
the significant number of traffic | ||||||
12 | crashes accidents annually caused, directly or
indirectly, by | ||||||
13 | driver distraction or other impairment of driving ability
| ||||||
14 | induced by the movement or actions of unrestrained passengers | ||||||
15 | under the age of
8 years.
| ||||||
16 | It is the purpose of this Act to further protect the | ||||||
17 | health, safety and
welfare of motor vehicle passengers under | ||||||
18 | the age of 8 years and the
motoring
public through the proper | ||||||
19 | utilization of approved child restraint systems.
| ||||||
20 | (Source: P.A. 93-100, eff. 1-1-04.)
| ||||||
21 | Section 115. The Renter's Financial Responsibility and | ||||||
22 | Protection Act is amended by changing Section 5 as follows:
| ||||||
23 | (625 ILCS 27/5)
| ||||||
24 | Sec. 5. Legislative findings. The General Assembly finds |
| |||||||
| |||||||
1 | and declares
the
following:
| ||||||
2 | (a) Amendments enacted in 1988 which limit negligent | ||||||
3 | drivers' liability
for damage to vehicles rented from motor | ||||||
4 | vehicle rental companies to $200 have
had the unintended, | ||||||
5 | anti-consumer effect of unfairly transferring most of the
| ||||||
6 | costs of liability for renters' negligence to car rental | ||||||
7 | companies.
| ||||||
8 | (b) This transfer of liability from negligent renters has | ||||||
9 | forced
Illinois rental companies and dealers to experience | ||||||
10 | significant financial
losses in the form of actual costs to | ||||||
11 | repair, service, and replace vehicles and
loss of economic | ||||||
12 | opportunity by being deprived of the rental use of damaged or
| ||||||
13 | destroyed rental cars; as a result, many Illinois vehicle | ||||||
14 | rental companies in
Illinois have been forced to close because | ||||||
15 | of the current amendments, and high
risk to capital threatens | ||||||
16 | to close existing companies; economic losses
have also | ||||||
17 | resulted in Illinois renters paying daily and weekly vehicle | ||||||
18 | rental
rates almost two-fold higher than renters in other | ||||||
19 | states, including those
states surrounding Illinois.
| ||||||
20 | (c) As the vast majority of renters in Illinois are | ||||||
21 | non-Illinois
residents, the increased damage costs of rental | ||||||
22 | car companies and dealers are
absorbed and paid by all | ||||||
23 | Illinois consumers and business.
| ||||||
24 | (d) The current law also threatens the public safety of | ||||||
25 | all Illinois
citizens as it has contributed to an almost | ||||||
26 | three-fold increase in driver crash
accident and fatality |
| |||||||
| |||||||
1 | rates in Illinois.
| ||||||
2 | (Source: P.A. 90-113, eff. 7-14-97.)
| ||||||
3 | Section 120. The Transportation Network Providers Act is | ||||||
4 | amended by changing Section 10 as follows:
| ||||||
5 | (625 ILCS 57/10) | ||||||
6 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
7 | Sec. 10. Insurance. | ||||||
8 | (a) Transportation network companies and participating TNC | ||||||
9 | drivers shall comply with the automobile liability insurance | ||||||
10 | requirements of this Section as required. | ||||||
11 | (b) The following automobile liability insurance | ||||||
12 | requirements shall apply from the moment a participating TNC | ||||||
13 | driver logs on to the transportation network company's digital | ||||||
14 | network or software application until the TNC driver accepts a | ||||||
15 | request to transport a passenger, and from the moment the TNC | ||||||
16 | driver completes the transaction on the digital network or | ||||||
17 | software application or the ride is complete, whichever is | ||||||
18 | later, until the TNC driver either accepts another ride | ||||||
19 | request on the digital network or software application or logs | ||||||
20 | off the digital network or software application: | ||||||
21 | (1) Automobile liability insurance shall be in the | ||||||
22 | amount of at least $50,000 for death and personal injury | ||||||
23 | per person, $100,000 for death and personal injury per | ||||||
24 | incident, and $25,000 for property damage. |
| |||||||
| |||||||
1 | (2) Contingent automobile liability insurance in the | ||||||
2 | amounts required in paragraph (1) of this subsection (b) | ||||||
3 | shall be maintained by a transportation network company | ||||||
4 | and provide coverage in the event a participating TNC | ||||||
5 | driver's own automobile liability policy excludes coverage | ||||||
6 | according to its policy terms or does not provide at least | ||||||
7 | the limits of coverage required in paragraph (1) of this | ||||||
8 | subsection (b). | ||||||
9 | (c) The following automobile liability insurance | ||||||
10 | requirements shall apply from the moment a TNC driver accepts | ||||||
11 | a ride request on the transportation network company's digital | ||||||
12 | network or software application until the TNC driver completes | ||||||
13 | the transaction on the digital network or software application | ||||||
14 | or until the ride is complete, whichever is later:
| ||||||
15 | (1) Automobile liability insurance shall be primary | ||||||
16 | and in the amount of $1,000,000 for death, personal | ||||||
17 | injury, and property damage. The requirements for the | ||||||
18 | coverage required by this paragraph (1) may be satisfied | ||||||
19 | by any of the following:
| ||||||
20 | (A) automobile liability insurance maintained by a | ||||||
21 | participating TNC driver;
| ||||||
22 | (B) automobile liability company insurance | ||||||
23 | maintained by a transportation network company; or
| ||||||
24 | (C) any combination of subparagraphs (A) and (B).
| ||||||
25 | (2) Insurance coverage provided under this subsection | ||||||
26 | (c) shall also provide for uninsured motorist coverage and |
| |||||||
| |||||||
1 | underinsured motorist coverage in the amount of $50,000 | ||||||
2 | from the moment a passenger enters the vehicle of a | ||||||
3 | participating TNC driver until the passenger exits the | ||||||
4 | vehicle.
| ||||||
5 | (3) The insurer, in the case of insurance coverage | ||||||
6 | provided under this subsection (c), shall have the duty to | ||||||
7 | defend and indemnify the insured.
| ||||||
8 | (4) Coverage under an automobile liability insurance | ||||||
9 | policy required under this subsection (c) shall not be | ||||||
10 | dependent on a personal automobile insurance policy first | ||||||
11 | denying a claim nor shall a personal automobile insurance | ||||||
12 | policy be required to first deny a claim. | ||||||
13 | (d) In every instance when automobile liability insurance | ||||||
14 | maintained by a participating TNC driver to fulfill the | ||||||
15 | insurance obligations of this Section has lapsed or ceased to | ||||||
16 | exist, the transportation network company shall provide the | ||||||
17 | coverage required by this Section beginning with the first | ||||||
18 | dollar of a claim. | ||||||
19 | (e) This Section shall not limit the liability of a | ||||||
20 | transportation network company arising out of an automobile | ||||||
21 | crash accident involving a participating TNC driver in any | ||||||
22 | action for damages against a transportation network company | ||||||
23 | for an amount above the required insurance coverage. | ||||||
24 | (f) The transportation network company shall disclose in | ||||||
25 | writing to TNC drivers, as part of its agreement with those TNC | ||||||
26 | drivers, the following:
|
| |||||||
| |||||||
1 | (1) the insurance coverage and limits of liability | ||||||
2 | that the transportation network company provides while the | ||||||
3 | TNC driver uses a vehicle in connection with a | ||||||
4 | transportation network company's digital network or | ||||||
5 | software application; and
| ||||||
6 | (2) that the TNC driver's own insurance policy may not | ||||||
7 | provide coverage while the TNC driver uses a vehicle in | ||||||
8 | connection with a transportation network company digital | ||||||
9 | network depending on its terms. | ||||||
10 | (g) An insurance policy required by this Section may be | ||||||
11 | placed with an admitted Illinois insurer, or with an | ||||||
12 | authorized surplus line insurer under Section 445 of the | ||||||
13 | Illinois Insurance Code; and is not subject to any restriction | ||||||
14 | or limitation on the issuance of a policy contained in Section | ||||||
15 | 445a of the Illinois Insurance Code. | ||||||
16 | (h) Any insurance policy required by this Section shall | ||||||
17 | satisfy the financial responsibility requirement for a motor | ||||||
18 | vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle | ||||||
19 | Code.
| ||||||
20 | (i) If a transportation network company's insurer makes a | ||||||
21 | payment for a claim covered under comprehensive coverage or | ||||||
22 | collision coverage, the transportation network company shall | ||||||
23 | cause its insurer to issue the payment directly to the | ||||||
24 | business repairing the vehicle, or jointly to the owner of the | ||||||
25 | vehicle and the primary lienholder on the covered vehicle. | ||||||
26 | (Source: Reenacted by P.A. 101-660, eff. 4-2-21 .)
|
| |||||||
| |||||||
1 | Section 125. The Criminal Code of 2012 is amended by | ||||||
2 | changing Sections 3-5, 12C-60, and 36-1 as follows:
| ||||||
3 | (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
| ||||||
4 | Sec. 3-5. General limitations. | ||||||
5 | (a) A prosecution for: (1) first degree murder, attempt to | ||||||
6 | commit first
degree
murder, second degree murder,
involuntary | ||||||
7 | manslaughter, reckless homicide, a violation of subparagraph | ||||||
8 | (F) of paragraph (1) of subsection (d) of Section 11-501 of the | ||||||
9 | Illinois Vehicle Code for the offense of aggravated driving | ||||||
10 | under the influence of alcohol, other drug or drugs, or | ||||||
11 | intoxicating compound or compounds, or any combination thereof | ||||||
12 | when the violation was a proximate cause of a death, leaving | ||||||
13 | the scene of a motor vehicle crash accident involving death or | ||||||
14 | personal injuries under Section 11-401 of the Illinois Vehicle | ||||||
15 | Code, failing to give information and render aid under Section | ||||||
16 | 11-403 of the Illinois Vehicle Code, concealment of homicidal
| ||||||
17 | death, treason, arson, residential arson, aggravated arson, | ||||||
18 | forgery, child pornography under paragraph (1) of subsection | ||||||
19 | (a) of Section 11-20.1, or aggravated child pornography under | ||||||
20 | paragraph (1) of subsection (a) of Section 11-20.1B, or (2) | ||||||
21 | any offense
involving sexual conduct or sexual penetration, as | ||||||
22 | defined by
Section 11-0.1 of this Code may be commenced at any
| ||||||
23 | time.
| ||||||
24 | (a-5) A prosecution for theft of property exceeding |
| |||||||
| |||||||
1 | $100,000 in value under Section 16-1, identity theft under | ||||||
2 | subsection (a) of Section 16-30, aggravated identity theft | ||||||
3 | under subsection (b) of Section 16-30, financial exploitation | ||||||
4 | of an elderly person or a person with a disability under | ||||||
5 | Section 17-56; theft by deception of a victim 60 years of age | ||||||
6 | or older or a person with a disability under Section 16-1; or | ||||||
7 | any offense set forth in Article 16H or Section 17-10.6 may be | ||||||
8 | commenced within 7 years of the last act committed in | ||||||
9 | furtherance of the crime. | ||||||
10 | (b) Unless the statute describing the offense provides | ||||||
11 | otherwise, or the
period of limitation is extended by Section | ||||||
12 | 3-6, a prosecution for any
offense not designated in | ||||||
13 | subsection (a) or (a-5) must be commenced within 3 years
after | ||||||
14 | the commission of the offense if it is a felony, or within one | ||||||
15 | year
and 6 months after its commission if it is a misdemeanor.
| ||||||
16 | (Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22 .)
| ||||||
17 | (720 ILCS 5/12C-60) | ||||||
18 | Sec. 12C-60. Curfew. | ||||||
19 | (a) Curfew offenses. | ||||||
20 | (1) A minor commits a curfew offense when he or she | ||||||
21 | remains in any public place or on the premises of any | ||||||
22 | establishment during curfew hours. | ||||||
23 | (2) A parent or guardian of a minor or other person in | ||||||
24 | custody or control of a minor commits a curfew offense | ||||||
25 | when he or she knowingly permits the minor to remain in any |
| |||||||
| |||||||
1 | public place or on the premises of any establishment | ||||||
2 | during curfew hours. | ||||||
3 | (b) Curfew defenses. It is a defense to prosecution under | ||||||
4 | subsection (a) that the minor was: | ||||||
5 | (1) accompanied by the minor's parent or guardian or | ||||||
6 | other person in custody or control of the minor; | ||||||
7 | (2) on an errand at the direction of the minor's | ||||||
8 | parent or guardian, without any detour or stop; | ||||||
9 | (3) in a motor vehicle involved in interstate travel; | ||||||
10 | (4) engaged in an employment activity or going to or | ||||||
11 | returning home from an employment activity, without any | ||||||
12 | detour or stop; | ||||||
13 | (5) involved in an emergency; | ||||||
14 | (6) on the sidewalk abutting the minor's residence or | ||||||
15 | abutting the residence of a next-door neighbor if the | ||||||
16 | neighbor did not complain to the police department about | ||||||
17 | the minor's presence; | ||||||
18 | (7) attending an official school, religious, or other | ||||||
19 | recreational activity supervised by adults and sponsored | ||||||
20 | by a government or governmental agency, a civic | ||||||
21 | organization, or another similar entity that takes | ||||||
22 | responsibility for the minor, or going to or returning | ||||||
23 | home from, without any detour or stop, an official school, | ||||||
24 | religious, or other recreational activity supervised by | ||||||
25 | adults and sponsored by a government or governmental | ||||||
26 | agency, a civic organization, or another similar entity |
| |||||||
| |||||||
1 | that takes responsibility for the minor; | ||||||
2 | (8) exercising First Amendment rights protected by the | ||||||
3 | United States Constitution, such as the free exercise of | ||||||
4 | religion, freedom of speech, and the right of assembly; or | ||||||
5 | (9) married or had been married or is an emancipated | ||||||
6 | minor under the Emancipation of Minors Act. | ||||||
7 | (c) Enforcement. Before taking any enforcement action | ||||||
8 | under this Section, a law enforcement officer shall ask the | ||||||
9 | apparent offender's age and reason for being in the public | ||||||
10 | place. The officer shall not issue a citation or make an arrest | ||||||
11 | under this Section unless the officer reasonably believes that | ||||||
12 | an offense has occurred and that, based on any response and | ||||||
13 | other circumstances, no defense in subsection (b) is present.
| ||||||
14 | (d) Definitions. In this Section: | ||||||
15 | (1) "Curfew hours" means: | ||||||
16 | (A) Between 12:01 a.m. and 6:00 a.m. on Saturday; | ||||||
17 | (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; | ||||||
18 | and | ||||||
19 | (C) Between 11:00 p.m. on Sunday to Thursday, | ||||||
20 | inclusive, and 6:00 a.m. on the following day. | ||||||
21 | (2) "Emergency" means an unforeseen combination of | ||||||
22 | circumstances or the resulting state that calls for | ||||||
23 | immediate action. The term includes, but is not limited | ||||||
24 | to, a fire, a natural disaster, an automobile crash | ||||||
25 | accident , or any situation requiring immediate action to | ||||||
26 | prevent serious bodily injury or loss of life. |
| |||||||
| |||||||
1 | (3) "Establishment" means any privately-owned place of
| ||||||
2 | business operated for a profit to which the public is
| ||||||
3 | invited, including, but not limited to, any place of | ||||||
4 | amusement
or entertainment.
| ||||||
5 | (4) "Guardian" means: | ||||||
6 | (A) a person who, under court order, is the | ||||||
7 | guardian of the person of a minor; or | ||||||
8 | (B) a public or private agency with whom a minor | ||||||
9 | has been placed by a court. | ||||||
10 | (5) "Minor" means any person under 17 years of age. | ||||||
11 | (6) "Parent" means a person who is: | ||||||
12 | (A) a natural parent, adoptive parent, or | ||||||
13 | step-parent of another person; or | ||||||
14 | (B) at least 18 years of age and authorized by a | ||||||
15 | parent or guardian to have the care and custody of a | ||||||
16 | minor. | ||||||
17 | (7) "Public place" means any place to which the public | ||||||
18 | or a substantial group of the public has access and | ||||||
19 | includes, but is not limited to, streets, highways, and | ||||||
20 | the common areas of schools, hospitals, apartment houses, | ||||||
21 | office buildings, transport facilities, and shops. | ||||||
22 | (8) "Remain" means to: | ||||||
23 | (A) linger or stay; or | ||||||
24 | (B) fail to leave premises when requested to do so | ||||||
25 | by a police officer or the owner, operator, or other | ||||||
26 | person in control of the premises. |
| |||||||
| |||||||
1 | (9) "Serious bodily injury" means bodily injury that | ||||||
2 | creates a substantial risk of death or that causes death, | ||||||
3 | serious permanent disfigurement, or protracted loss or | ||||||
4 | impairment of the function of any bodily member or organ. | ||||||
5 | (e) Sentence. A violation of this Section
is a petty | ||||||
6 | offense with a fine of not less than
$10 nor
more than $500, | ||||||
7 | except that neither a person who has been made a ward of the
| ||||||
8 | court under the Juvenile Court Act of 1987, nor that person's | ||||||
9 | legal guardian,
shall be subject to any fine. In addition to or | ||||||
10 | instead of the
fine imposed
by this Section, the court may | ||||||
11 | order a parent, legal guardian, or other person
convicted of a | ||||||
12 | violation of subsection (a) of this
Section to perform | ||||||
13 | community service as determined by the court, except that
the | ||||||
14 | legal guardian of a person who has been made a ward of the | ||||||
15 | court under the
Juvenile Court Act of 1987 may not be ordered | ||||||
16 | to perform community service.
The dates and
times established | ||||||
17 | for the performance of community service by the parent, legal
| ||||||
18 | guardian, or other person convicted of a violation of | ||||||
19 | subsection (a) of this
Section shall not conflict with the | ||||||
20 | dates and times that the person is
employed in his or her | ||||||
21 | regular occupation. | ||||||
22 | (f) County, municipal and other local boards and bodies | ||||||
23 | authorized to
adopt local police laws and regulations under | ||||||
24 | the constitution and laws of
this State may exercise | ||||||
25 | legislative or regulatory authority over this
subject matter | ||||||
26 | by ordinance or resolution incorporating the substance of
this |
| |||||||
| |||||||
1 | Section or increasing the requirements thereof or otherwise | ||||||
2 | not in
conflict with this Section.
| ||||||
3 | (Source: P.A. 97-1109, eff. 1-1-13.)
| ||||||
4 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| ||||||
5 | Sec. 36-1. Property subject to forfeiture. | ||||||
6 | (a) Any vessel or watercraft, vehicle, or aircraft is | ||||||
7 | subject to forfeiture under this Article if the vessel or | ||||||
8 | watercraft, vehicle, or aircraft is used with the knowledge
| ||||||
9 | and consent of the owner in the commission of or in the attempt | ||||||
10 | to commit as
defined in Section 8-4 of this Code: | ||||||
11 | (1) an offense prohibited by Section 9-1 (first degree | ||||||
12 | murder), Section
9-3 (involuntary manslaughter and | ||||||
13 | reckless homicide), Section
10-2 (aggravated kidnaping), | ||||||
14 | Section 11-1.20 (criminal sexual assault), Section 11-1.30 | ||||||
15 | (aggravated criminal sexual assault), Section 11-1.40 | ||||||
16 | (predatory criminal sexual assault of a child), subsection | ||||||
17 | (a) of Section 11-1.50 (criminal sexual abuse), subsection | ||||||
18 | (a), (c), or (d) of Section 11-1.60 (aggravated criminal | ||||||
19 | sexual abuse), Section 11-6 (indecent solicitation of a | ||||||
20 | child), Section 11-14.4 (promoting juvenile prostitution | ||||||
21 | except for keeping a place of juvenile prostitution), | ||||||
22 | Section 11-20.1 (child pornography), paragraph (a)(1), | ||||||
23 | (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), | ||||||
24 | (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 | ||||||
25 | (aggravated battery), Section
12-7.3 (stalking), Section |
| |||||||
| |||||||
1 | 12-7.4 (aggravated stalking), Section
16-1 (theft if the | ||||||
2 | theft is of precious metal or of scrap metal), subdivision | ||||||
3 | (f)(2) or (f)(3) of Section 16-25 (retail theft), Section | ||||||
4 | 18-2 (armed robbery), Section 19-1 (burglary), Section | ||||||
5 | 19-2 (possession of burglary tools), Section 19-3 | ||||||
6 | (residential burglary), Section 20-1 (arson; residential | ||||||
7 | arson; place of worship arson), Section 20-2 (possession | ||||||
8 | of explosives or explosive or incendiary devices), | ||||||
9 | subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use | ||||||
10 | of weapons), Section
24-1.2 (aggravated discharge of a | ||||||
11 | firearm), Section
24-1.2-5 (aggravated discharge of a | ||||||
12 | machine gun or a firearm equipped with a device designed | ||||||
13 | or used for silencing the report of a firearm), Section
| ||||||
14 | 24-1.5 (reckless discharge of a firearm), Section 28-1 | ||||||
15 | (gambling), or Section 29D-15.2 (possession of a deadly | ||||||
16 | substance) of this Code; | ||||||
17 | (2) an offense prohibited by Section 21, 22, 23, 24 or | ||||||
18 | 26 of the Cigarette Tax
Act if the vessel or watercraft, | ||||||
19 | vehicle, or aircraft contains more than 10 cartons of
such | ||||||
20 | cigarettes; | ||||||
21 | (3) an offense prohibited by Section 28, 29, or 30 of | ||||||
22 | the Cigarette Use Tax Act if
the vessel or watercraft, | ||||||
23 | vehicle, or aircraft contains more than 10 cartons of such
| ||||||
24 | cigarettes; | ||||||
25 | (4) an offense prohibited by Section 44 of the | ||||||
26 | Environmental Protection Act; |
| |||||||
| |||||||
1 | (5) an offense prohibited by
Section 11-204.1
of the | ||||||
2 | Illinois Vehicle Code (aggravated fleeing or attempting to | ||||||
3 | elude a peace officer); | ||||||
4 | (6) an offense prohibited by Section 11-501 of the | ||||||
5 | Illinois Vehicle Code (driving while under the influence | ||||||
6 | of alcohol or other drug or drugs, intoxicating compound | ||||||
7 | or compounds or any combination thereof) or a similar | ||||||
8 | provision of a local ordinance, and: | ||||||
9 | (A) during a period in which his
or her driving | ||||||
10 | privileges are revoked or suspended if
the revocation | ||||||
11 | or suspension was for: | ||||||
12 | (i) Section 11-501 (driving under the | ||||||
13 | influence of alcohol or other drug or drugs, | ||||||
14 | intoxicating compound or compounds or any
| ||||||
15 | combination thereof), | ||||||
16 | (ii) Section 11-501.1 (statutory summary | ||||||
17 | suspension or revocation), | ||||||
18 | (iii) paragraph (b) of Section
11-401 (motor | ||||||
19 | vehicle crashes accidents involving death or | ||||||
20 | personal injuries), or | ||||||
21 | (iv) reckless homicide as defined in Section | ||||||
22 | 9-3
of this Code; | ||||||
23 | (B) has been previously convicted of reckless | ||||||
24 | homicide or a similar provision of a law of another | ||||||
25 | state relating to reckless homicide in which the | ||||||
26 | person was determined to have been under the influence |
| |||||||
| |||||||
1 | of alcohol, other drug or drugs, or intoxicating | ||||||
2 | compound or compounds as an element of the offense or | ||||||
3 | the person has previously been convicted of committing | ||||||
4 | a violation of
driving under the influence of alcohol | ||||||
5 | or other drug or drugs, intoxicating compound or | ||||||
6 | compounds or any
combination thereof and was involved | ||||||
7 | in a motor vehicle crash accident that resulted in | ||||||
8 | death, great bodily harm, or permanent disability or | ||||||
9 | disfigurement to another, when the violation was a | ||||||
10 | proximate cause of the death or injuries; | ||||||
11 | (C) the person committed a violation of driving | ||||||
12 | under the influence of alcohol or other drug or drugs, | ||||||
13 | intoxicating compound or compounds or any
combination | ||||||
14 | thereof under Section 11-501 of the Illinois Vehicle | ||||||
15 | Code or a similar provision for the third or | ||||||
16 | subsequent
time; | ||||||
17 | (D) he
or she did not possess a valid driver's | ||||||
18 | license or permit or a valid restricted driving permit | ||||||
19 | or a valid judicial driving permit or a valid | ||||||
20 | monitoring device driving permit; or | ||||||
21 | (E) he or she knew or should have known that the | ||||||
22 | vehicle he or she was driving was not covered by a | ||||||
23 | liability insurance policy; | ||||||
24 | (7) an offense described in subsection (g) of Section | ||||||
25 | 6-303 of the
Illinois Vehicle Code; | ||||||
26 | (8) an offense described in subsection (e) of
Section |
| |||||||
| |||||||
1 | 6-101 of the Illinois Vehicle Code; or | ||||||
2 | (9)(A) operating a watercraft under the influence of | ||||||
3 | alcohol, other drug or drugs, intoxicating compound or | ||||||
4 | compounds, or combination thereof under Section 5-16 of | ||||||
5 | the Boat Registration and Safety Act during a period in | ||||||
6 | which his or her privileges to operate a watercraft are | ||||||
7 | revoked or suspended and the revocation or suspension was | ||||||
8 | for operating a watercraft under the influence of alcohol, | ||||||
9 | other drug or drugs, intoxicating compound or compounds, | ||||||
10 | or combination thereof; (B) operating a watercraft under | ||||||
11 | the influence of alcohol, other drug or drugs, | ||||||
12 | intoxicating compound or compounds, or combination thereof | ||||||
13 | and has been previously convicted of reckless homicide or | ||||||
14 | a similar provision of a law in another state relating to | ||||||
15 | reckless homicide in which the person was determined to | ||||||
16 | have been under the influence of alcohol, other drug or | ||||||
17 | drugs, intoxicating compound or compounds, or combination | ||||||
18 | thereof as an element of the offense or the person has | ||||||
19 | previously been convicted of committing a violation of | ||||||
20 | operating a watercraft under the influence of alcohol, | ||||||
21 | other drug or drugs, intoxicating compound or compounds, | ||||||
22 | or combination thereof and was involved in an accident | ||||||
23 | that resulted in death, great bodily harm, or permanent | ||||||
24 | disability or disfigurement to another, when the violation | ||||||
25 | was a proximate cause of the death or injuries; or (C) the | ||||||
26 | person committed a violation of operating a watercraft |
| |||||||
| |||||||
1 | under the influence of alcohol, other drug or drugs, | ||||||
2 | intoxicating compound or compounds, or combination thereof | ||||||
3 | under Section 5-16 of the Boat Registration and Safety Act | ||||||
4 | or a similar provision for the third or subsequent time.
| ||||||
5 | (b) In addition, any mobile or portable equipment used in | ||||||
6 | the commission of an
act which is in violation of Section 7g of | ||||||
7 | the Metropolitan Water Reclamation
District Act shall be | ||||||
8 | subject to seizure and forfeiture under the same
procedures | ||||||
9 | provided in this Article for the seizure and forfeiture of | ||||||
10 | vessels or watercraft,
vehicles, and aircraft, and any such | ||||||
11 | equipment shall be deemed a vessel or watercraft, vehicle,
or | ||||||
12 | aircraft for purposes of this Article.
| ||||||
13 | (c) In addition, when a person discharges a firearm at | ||||||
14 | another individual from a vehicle with
the knowledge and | ||||||
15 | consent of the owner of the vehicle and with the intent to
| ||||||
16 | cause death or great bodily harm to that individual and as a | ||||||
17 | result causes
death or great bodily harm to that individual, | ||||||
18 | the vehicle shall be subject to
seizure and forfeiture under | ||||||
19 | the same procedures provided in this Article for
the seizure | ||||||
20 | and forfeiture of vehicles used in violations of clauses (1), | ||||||
21 | (2), (3), or (4) of subsection (a) of this Section.
| ||||||
22 | (d) If the spouse of the owner of a vehicle seized for
an | ||||||
23 | offense described in subsection (g) of Section 6-303 of the
| ||||||
24 | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), | ||||||
25 | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section | ||||||
26 | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
|
| |||||||
| |||||||
1 | Code makes a showing
that the seized vehicle is the only source | ||||||
2 | of transportation and it is
determined that the financial | ||||||
3 | hardship to the family as a result of the seizure
outweighs the | ||||||
4 | benefit to the State from the seizure, the vehicle may be
| ||||||
5 | forfeited to the spouse or family member and the title to the | ||||||
6 | vehicle shall be
transferred to the spouse or family member | ||||||
7 | who is properly licensed and who
requires the use of the | ||||||
8 | vehicle for employment or family transportation
purposes. A | ||||||
9 | written declaration of forfeiture of a vehicle under this
| ||||||
10 | Section shall be sufficient cause for the title to be | ||||||
11 | transferred to the spouse
or family member. The provisions of | ||||||
12 | this paragraph shall apply only to one
forfeiture per vehicle. | ||||||
13 | If the vehicle is the subject of a subsequent
forfeiture | ||||||
14 | proceeding by virtue of a subsequent conviction of either | ||||||
15 | spouse or
the family member, the spouse or family member to | ||||||
16 | whom the vehicle was
forfeited under the first forfeiture | ||||||
17 | proceeding may not utilize the
provisions of this paragraph in | ||||||
18 | another forfeiture proceeding. If the owner of
the vehicle | ||||||
19 | seized owns more than one vehicle,
the procedure set out in | ||||||
20 | this paragraph may be used for only one vehicle.
| ||||||
21 | (e) In addition, property subject to forfeiture under | ||||||
22 | Section 40 of the Illinois Streetgang
Terrorism Omnibus | ||||||
23 | Prevention Act may be seized and forfeited under this
Article.
| ||||||
24 | (Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18 .)
| ||||||
25 | Section 130. The Code of Criminal Procedure of 1963 is |
| |||||||
| |||||||
1 | amended by changing Section 102-7.1 as follows:
| ||||||
2 | (725 ILCS 5/102-7.1) | ||||||
3 | Sec. 102-7.1. "Category A offense". "Category A offense" | ||||||
4 | means a Class 1 felony, Class 2 felony, Class X felony, first | ||||||
5 | degree murder, a violation of Section 11-204 of the Illinois | ||||||
6 | Vehicle Code, a second or subsequent violation of Section | ||||||
7 | 11-501 of the Illinois Vehicle Code, a violation of subsection | ||||||
8 | (d) of Section 11-501 of the Illinois Vehicle Code, a | ||||||
9 | violation of Section 11-401 of the Illinois Vehicle Code if | ||||||
10 | the crash accident results in injury and the person failed to | ||||||
11 | report the crash accident within 30 minutes, a violation of | ||||||
12 | Section 9-3, 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, | ||||||
13 | 11-23.5, 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, | ||||||
14 | 12-5, 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, | ||||||
15 | 24-1.5, 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of | ||||||
16 | 2012, a second or subsequent violation of 12-3.2 or 12-3.4 of | ||||||
17 | the Criminal Code of 2012, a violation of paragraph (5) or (6) | ||||||
18 | of subsection (b) of Section 10-9 of the Criminal Code of 2012, | ||||||
19 | a violation of subsection (b) or (c) or paragraph (1) or (2) of | ||||||
20 | subsection (a) of Section 11-1.50 of the Criminal Code of | ||||||
21 | 2012, a violation of Section 12-7 of the Criminal Code of 2012 | ||||||
22 | if the defendant inflicts bodily harm on the victim to obtain a | ||||||
23 | confession, statement, or information, a violation of Section | ||||||
24 | 12-7.5 of the Criminal Code of 2012 if the action results in | ||||||
25 | bodily harm, a violation of paragraph (3) of subsection (b) of |
| |||||||
| |||||||
1 | Section 17-2 of the Criminal Code of 2012, a violation of | ||||||
2 | subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of | ||||||
3 | 2012, a violation of paragraph (6) of subsection (a) of | ||||||
4 | Section 24-1 of the Criminal Code of 2012, a first violation of | ||||||
5 | Section 24-1.6 of the Criminal Code of 2012 by a person 18 | ||||||
6 | years of age or older where the factors listed in both items | ||||||
7 | (A) and (C) or both items (A-5) and (C) of paragraph (3) of | ||||||
8 | subsection (a) of Section 24-1.6 of the Criminal Code of 2012 | ||||||
9 | are present, a Class 3 felony violation of paragraph (1) of
| ||||||
10 | subsection (a) of Section 2 of the Firearm Owners | ||||||
11 | Identification Card Act, or a violation of Section 10 of the | ||||||
12 | Sex Offender Registration Act.
| ||||||
13 | (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19 .)
| ||||||
14 | Section 135. The Rights of Crime Victims and Witnesses Act | ||||||
15 | is amended by changing Section 3 as follows:
| ||||||
16 | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| ||||||
17 | Sec. 3. The terms used in this Act shall have the following | ||||||
18 | meanings:
| ||||||
19 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
20 | person determined by the prosecutor or the court to have | ||||||
21 | suffered direct physical or psychological harm as a result of | ||||||
22 | a violent crime perpetrated or attempted against that person | ||||||
23 | or direct physical or psychological harm as a result of (i) a | ||||||
24 | violation of Section 11-501 of the Illinois Vehicle Code or |
| |||||||
| |||||||
1 | similar provision of a local ordinance or (ii) a violation of | ||||||
2 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
3 | of 2012; (2) in the case of a crime victim who is under 18 | ||||||
4 | years of age or an adult victim who is incompetent or | ||||||
5 | incapacitated, both parents, legal guardians, foster parents, | ||||||
6 | or a single adult representative; (3) in the case of an adult | ||||||
7 | deceased victim, 2 representatives who may be the spouse, | ||||||
8 | parent, child or sibling of the victim, or the representative | ||||||
9 | of the victim's estate; and (4) an immediate family member of a | ||||||
10 | victim under clause (1) of this paragraph (a) chosen by the | ||||||
11 | victim. If the victim is 18 years of age or over, the victim | ||||||
12 | may choose any person to be the victim's representative. In no | ||||||
13 | event shall the defendant or any person who aided and abetted | ||||||
14 | in the commission of the crime be considered a victim, a crime | ||||||
15 | victim, or a representative of the victim. | ||||||
16 | A board, agency, or other governmental entity making | ||||||
17 | decisions regarding an offender's release, sentence reduction, | ||||||
18 | or clemency can determine additional persons are victims for | ||||||
19 | the purpose of its proceedings.
| ||||||
20 | (a-3) "Advocate" means a person whose communications with | ||||||
21 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
22 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
23 | Domestic Violence Act of 1986. | ||||||
24 | (a-5) "Confer" means to consult together, share | ||||||
25 | information, compare opinions and carry on a discussion or | ||||||
26 | deliberation. |
| |||||||
| |||||||
1 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
2 | imposition of sentence, a request for a reduction in sentence, | ||||||
3 | parole, mandatory supervised release, aftercare release, early | ||||||
4 | release, inpatient treatment, outpatient treatment, | ||||||
5 | conditional release after a finding that the defendant is not | ||||||
6 | guilty by reason of insanity, clemency, or a proposal that | ||||||
7 | would reduce the defendant's sentence or result in the | ||||||
8 | defendant's release. "Early release" refers to a discretionary | ||||||
9 | release. | ||||||
10 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
11 | imposition of sentence and a request for a reduction in | ||||||
12 | sentence, parole, mandatory supervised release, aftercare | ||||||
13 | release, early release, consideration of inpatient treatment | ||||||
14 | or outpatient treatment, or conditional release after a | ||||||
15 | finding that the defendant is not guilty by reason of | ||||||
16 | insanity. | ||||||
17 | (a-10) "Status hearing" means a hearing designed to | ||||||
18 | provide information to the court, at which no motion of a | ||||||
19 | substantive nature and no constitutional or statutory right of | ||||||
20 | a crime victim is implicated or at issue. | ||||||
21 | (b) "Witness" means: any person who personally observed | ||||||
22 | the commission of
a crime and who will testify on behalf of the | ||||||
23 | State of Illinois; or a person who will be called by the | ||||||
24 | prosecution to give testimony establishing a necessary nexus | ||||||
25 | between the offender and the violent crime.
| ||||||
26 | (c) "Violent crime" means: (1) any felony in which force |
| |||||||
| |||||||
1 | or threat of force was
used against the victim; (2) any offense | ||||||
2 | involving sexual exploitation, sexual
conduct, or sexual | ||||||
3 | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||||||
4 | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||||||
6 | violation of an order of
protection, a civil no contact order, | ||||||
7 | or a stalking no contact order; (6) any misdemeanor which | ||||||
8 | results in death or great bodily
harm to the victim; or (7) any | ||||||
9 | violation of Section 9-3 of the Criminal Code of
1961 or the | ||||||
10 | Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
11 | Vehicle
Code, or a similar provision of a local ordinance, if | ||||||
12 | the violation resulted
in personal injury or death. "Violent | ||||||
13 | crime" includes any action committed by a juvenile
that would | ||||||
14 | be a violent crime if committed by an adult. For the purposes | ||||||
15 | of
this paragraph, "personal injury" shall include any Type A | ||||||
16 | injury as indicated
on the traffic crash accident report | ||||||
17 | completed by a law enforcement officer that
requires immediate | ||||||
18 | professional attention in either a doctor's office or
medical | ||||||
19 | facility. A type A injury shall include severely bleeding | ||||||
20 | wounds,
distorted extremities, and injuries that require the | ||||||
21 | injured party to be
carried from the scene.
| ||||||
22 | (d) (Blank).
| ||||||
23 | (e) "Court proceedings" includes, but is not limited to, | ||||||
24 | the preliminary hearing, any post-arraignment hearing the
| ||||||
25 | effect of which may be the release of the defendant from | ||||||
26 | custody or to alter
the conditions of bond, change of plea |
| |||||||
| |||||||
1 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
2 | sentencing, any oral argument or hearing before an Illinois | ||||||
3 | appellate court, any hearing under the Mental Health and | ||||||
4 | Developmental Disabilities Code or Section 5-2-4 of the | ||||||
5 | Unified Code of Corrections after a finding that the defendant | ||||||
6 | is not guilty by reason of insanity, including a hearing for | ||||||
7 | conditional release, any
hearing related to a modification of | ||||||
8 | sentence, probation revocation hearing, aftercare release or | ||||||
9 | parole hearings, post-conviction relief proceedings, habeas | ||||||
10 | corpus proceedings and clemency proceedings related to the | ||||||
11 | defendant's conviction or sentence. For purposes of the | ||||||
12 | victim's right to be present, "court proceedings" does not | ||||||
13 | include (1) hearings under Section 109-1 of the Code of | ||||||
14 | Criminal Procedure of 1963, (2) grand jury proceedings, (3) | ||||||
15 | status hearings, or (4) the issuance of an order or decision of | ||||||
16 | an Illinois court that dismisses a charge, reverses a | ||||||
17 | conviction, reduces a sentence, or releases an offender under | ||||||
18 | a court rule.
| ||||||
19 | (f) "Concerned citizen"
includes relatives of the victim, | ||||||
20 | friends of the victim, witnesses to the
crime, or any other | ||||||
21 | person associated with the victim or prisoner. | ||||||
22 | (g) "Victim's attorney" means an attorney retained by the | ||||||
23 | victim for the purposes of asserting the victim's | ||||||
24 | constitutional and statutory rights. An attorney retained by | ||||||
25 | the victim means an attorney who is hired to represent the | ||||||
26 | victim at the victim's expense or an attorney who has agreed to |
| |||||||
| |||||||
1 | provide pro bono representation. Nothing in this statute | ||||||
2 | creates a right to counsel at public expense for a victim. | ||||||
3 | (h) "Support person" means a person chosen by a victim to | ||||||
4 | be present at court proceedings. | ||||||
5 | (Source: P.A. 99-143, eff. 7-27-15; 99-413, eff. 8-20-15; | ||||||
6 | 99-642, eff. 7-28-16; 99-671, eff. 1-1-17; 100-961, eff. | ||||||
7 | 1-1-19 .)
| ||||||
8 | Section 140. The Unified Code of Corrections is amended by | ||||||
9 | changing Sections 5-5-3.2 and 5-8-4 as follows:
| ||||||
10 | (730 ILCS 5/5-5-3.2)
| ||||||
11 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
12 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
13 | sentencing.
| ||||||
14 | (a) The following factors shall be accorded weight in | ||||||
15 | favor of
imposing a term of imprisonment or may be considered | ||||||
16 | by the court as reasons
to impose a more severe sentence under | ||||||
17 | Section 5-8-1 or Article 4.5 of Chapter V:
| ||||||
18 | (1) the defendant's conduct caused or threatened | ||||||
19 | serious harm;
| ||||||
20 | (2) the defendant received compensation for committing | ||||||
21 | the offense;
| ||||||
22 | (3) the defendant has a history of prior delinquency | ||||||
23 | or criminal activity;
| ||||||
24 | (4) the defendant, by the duties of his office or by |
| |||||||
| |||||||
1 | his position,
was obliged to prevent the particular | ||||||
2 | offense committed or to bring
the offenders committing it | ||||||
3 | to justice;
| ||||||
4 | (5) the defendant held public office at the time of | ||||||
5 | the offense,
and the offense related to the conduct of | ||||||
6 | that office;
| ||||||
7 | (6) the defendant utilized his professional reputation | ||||||
8 | or
position in the community to commit the offense, or to | ||||||
9 | afford
him an easier means of committing it;
| ||||||
10 | (7) the sentence is necessary to deter others from | ||||||
11 | committing
the same crime;
| ||||||
12 | (8) the defendant committed the offense against a | ||||||
13 | person 60 years of age
or older or such person's property;
| ||||||
14 | (9) the defendant committed the offense against a | ||||||
15 | person who has a physical disability or such person's | ||||||
16 | property;
| ||||||
17 | (10) by reason of another individual's actual or | ||||||
18 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
19 | sexual orientation, physical or mental
disability, or | ||||||
20 | national origin, the defendant committed the offense | ||||||
21 | against (i)
the person or property
of that individual; | ||||||
22 | (ii) the person or property of a person who has an
| ||||||
23 | association with, is married to, or has a friendship with | ||||||
24 | the other individual;
or (iii) the person or property of a | ||||||
25 | relative (by blood or marriage) of a
person described in | ||||||
26 | clause (i) or (ii). For the purposes of this Section,
|
| |||||||
| |||||||
1 | "sexual orientation" has the meaning ascribed to it in | ||||||
2 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
3 | Rights Act;
| ||||||
4 | (11) the offense took place in a place of worship or on | ||||||
5 | the
grounds of a place of worship, immediately prior to, | ||||||
6 | during or immediately
following worship services. For | ||||||
7 | purposes of this subparagraph, "place of
worship" shall | ||||||
8 | mean any church, synagogue or other building, structure or
| ||||||
9 | place used primarily for religious worship;
| ||||||
10 | (12) the defendant was convicted of a felony committed | ||||||
11 | while he was
released on bail or his own recognizance | ||||||
12 | pending trial for a prior felony
and was convicted of such | ||||||
13 | prior felony, or the defendant was convicted of a
felony | ||||||
14 | committed while he was serving a period of probation,
| ||||||
15 | conditional discharge, or mandatory supervised release | ||||||
16 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
17 | (13) the defendant committed or attempted to commit a | ||||||
18 | felony while he
was wearing a bulletproof vest. For the | ||||||
19 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
20 | device which is designed for the purpose of
protecting the | ||||||
21 | wearer from bullets, shot or other lethal projectiles;
| ||||||
22 | (14) the defendant held a position of trust or | ||||||
23 | supervision such as, but
not limited to, family member as | ||||||
24 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
25 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
26 | relation to a victim under 18 years of age, and the |
| |||||||
| |||||||
1 | defendant committed an
offense in violation of Section | ||||||
2 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
3 | 11-14.4 except for an offense that involves keeping a | ||||||
4 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
5 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
6 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
7 | of 2012
against
that victim;
| ||||||
8 | (15) the defendant committed an offense related to the | ||||||
9 | activities of an
organized gang. For the purposes of this | ||||||
10 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
11 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
12 | Act;
| ||||||
13 | (16) the defendant committed an offense in violation | ||||||
14 | of one of the
following Sections while in a school, | ||||||
15 | regardless of the time of day or time of
year; on any | ||||||
16 | conveyance owned, leased, or contracted by a school to | ||||||
17 | transport
students to or from school or a school related | ||||||
18 | activity; on the real property
of a school; or on a public | ||||||
19 | way within 1,000 feet of the real property
comprising any | ||||||
20 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
21 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
22 | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
23 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, | ||||||
24 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
25 | for subdivision (a)(4) or (g)(1), of the Criminal Code of
| ||||||
26 | 1961 or the Criminal Code of 2012;
|
| |||||||
| |||||||
1 | (16.5) the defendant committed an offense in violation | ||||||
2 | of one of the
following Sections while in a day care | ||||||
3 | center, regardless of the time of day or
time of year; on | ||||||
4 | the real property of a day care center, regardless of the | ||||||
5 | time
of day or time of year; or on a public
way within | ||||||
6 | 1,000 feet of the real property comprising any day care | ||||||
7 | center,
regardless of the time of day or time of year:
| ||||||
8 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
9 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
10 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
11 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
12 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
13 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
14 | Criminal Code of 2012;
| ||||||
15 | (17) the defendant committed the offense by reason of | ||||||
16 | any person's
activity as a community policing volunteer or | ||||||
17 | to prevent any person from
engaging in activity as a | ||||||
18 | community policing volunteer. For the purpose of
this | ||||||
19 | Section, "community policing volunteer" has the meaning | ||||||
20 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
21 | 2012;
| ||||||
22 | (18) the defendant committed the offense in a nursing | ||||||
23 | home or on the
real
property comprising a nursing home. | ||||||
24 | For the purposes of this paragraph (18),
"nursing home" | ||||||
25 | means a skilled nursing
or intermediate long term care | ||||||
26 | facility that is subject to license by the
Illinois |
| |||||||
| |||||||
1 | Department of Public Health under the Nursing Home Care
| ||||||
2 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
3 | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| ||||||
4 | (19) the defendant was a federally licensed firearm | ||||||
5 | dealer
and
was
previously convicted of a violation of | ||||||
6 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
7 | Identification Card Act and has now committed either a | ||||||
8 | felony
violation
of the Firearm Owners Identification Card | ||||||
9 | Act or an act of armed violence while
armed
with a firearm; | ||||||
10 | (20) the defendant (i) committed the offense of | ||||||
11 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
12 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
13 | driving under the influence of alcohol, other drug or
| ||||||
14 | drugs, intoxicating compound or compounds or any | ||||||
15 | combination thereof under Section 11-501 of the Illinois | ||||||
16 | Vehicle Code or a similar provision of a local ordinance | ||||||
17 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
18 | miles per hour over the posted speed limit as provided in | ||||||
19 | Article VI of Chapter 11 of the Illinois Vehicle Code;
| ||||||
20 | (21) the defendant (i) committed the offense of | ||||||
21 | reckless driving or aggravated reckless driving under | ||||||
22 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
23 | operating a motor vehicle in excess of 20 miles per hour | ||||||
24 | over the posted speed limit as provided in Article VI of | ||||||
25 | Chapter 11 of the Illinois Vehicle Code; | ||||||
26 | (22) the defendant committed the offense against a |
| |||||||
| |||||||
1 | person that the defendant knew, or reasonably should have | ||||||
2 | known, was a member of the Armed Forces of the United | ||||||
3 | States serving on active duty. For purposes of this clause | ||||||
4 | (22), the term "Armed Forces" means any of the Armed | ||||||
5 | Forces of the United States, including a member of any | ||||||
6 | reserve component thereof or National Guard unit called to | ||||||
7 | active duty;
| ||||||
8 | (23)
the defendant committed the offense against a | ||||||
9 | person who was elderly or infirm or who was a person with a | ||||||
10 | disability by taking advantage of a family or fiduciary | ||||||
11 | relationship with the elderly or infirm person or person | ||||||
12 | with a disability;
| ||||||
13 | (24)
the defendant committed any offense under Section | ||||||
14 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
15 | of 2012 and possessed 100 or more images;
| ||||||
16 | (25) the defendant committed the offense while the | ||||||
17 | defendant or the victim was in a train, bus, or other | ||||||
18 | vehicle used for public transportation; | ||||||
19 | (26) the defendant committed the offense of child | ||||||
20 | pornography or aggravated child pornography, specifically | ||||||
21 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
22 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
24 | solicited for, depicted in, or posed in any act of sexual | ||||||
25 | penetration or bound, fettered, or subject to sadistic, | ||||||
26 | masochistic, or sadomasochistic abuse in a sexual context |
| |||||||
| |||||||
1 | and specifically including paragraph (1), (2), (3), (4), | ||||||
2 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
3 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
4 | engaged in, solicited for, depicted in, or posed in any | ||||||
5 | act of sexual penetration or bound, fettered, or subject | ||||||
6 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
7 | sexual context; | ||||||
8 | (27) the defendant committed the offense of first | ||||||
9 | degree murder, assault, aggravated assault, battery, | ||||||
10 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
11 | robbery against a person who was a veteran and the | ||||||
12 | defendant knew, or reasonably should have known, that the | ||||||
13 | person was a veteran performing duties as a representative | ||||||
14 | of a veterans' organization. For the purposes of this | ||||||
15 | paragraph (27), "veteran" means an Illinois resident who | ||||||
16 | has served as a member of the United States Armed Forces, a | ||||||
17 | member of the Illinois National Guard, or a member of the | ||||||
18 | United States Reserve Forces; and "veterans' organization" | ||||||
19 | means an organization comprised of members of
which | ||||||
20 | substantially all are individuals who are veterans or | ||||||
21 | spouses,
widows, or widowers of veterans, the primary | ||||||
22 | purpose of which is to
promote the welfare of its members | ||||||
23 | and to provide assistance to the general
public in such a | ||||||
24 | way as to confer a public benefit; | ||||||
25 | (28) the defendant committed the offense of assault, | ||||||
26 | aggravated assault, battery, aggravated battery, robbery, |
| |||||||
| |||||||
1 | armed robbery, or aggravated robbery against a person that | ||||||
2 | the defendant knew or reasonably should have known was a | ||||||
3 | letter carrier or postal worker while that person was | ||||||
4 | performing his or her duties delivering mail for the | ||||||
5 | United States Postal Service; | ||||||
6 | (29) the defendant committed the offense of criminal | ||||||
7 | sexual assault, aggravated criminal sexual assault, | ||||||
8 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
9 | against a victim with an intellectual disability, and the | ||||||
10 | defendant holds a position of trust, authority, or | ||||||
11 | supervision in relation to the victim; | ||||||
12 | (30) the defendant committed the offense of promoting | ||||||
13 | juvenile prostitution, patronizing a prostitute, or | ||||||
14 | patronizing a minor engaged in prostitution and at the | ||||||
15 | time of the commission of the offense knew that the | ||||||
16 | prostitute or minor engaged in prostitution was in the | ||||||
17 | custody or guardianship of the Department of Children and | ||||||
18 | Family Services; | ||||||
19 | (31) the defendant (i) committed the offense of | ||||||
20 | driving while under the influence of alcohol, other drug | ||||||
21 | or drugs, intoxicating compound or compounds or any | ||||||
22 | combination thereof in violation of Section 11-501 of the | ||||||
23 | Illinois Vehicle Code or a similar provision of a local | ||||||
24 | ordinance and (ii) the defendant during the commission of | ||||||
25 | the offense was driving his or her vehicle upon a roadway | ||||||
26 | designated for one-way traffic in the opposite direction |
| |||||||
| |||||||
1 | of the direction indicated by official traffic control | ||||||
2 | devices; | ||||||
3 | (32) the defendant committed the offense of reckless | ||||||
4 | homicide while committing a violation of Section 11-907 of | ||||||
5 | the Illinois Vehicle Code; | ||||||
6 | (33) the defendant was found guilty of an | ||||||
7 | administrative infraction related to an act or acts of | ||||||
8 | public indecency or sexual misconduct in the penal | ||||||
9 | institution. In this paragraph (33), "penal institution" | ||||||
10 | has the same meaning as in Section 2-14 of the Criminal | ||||||
11 | Code of 2012; or | ||||||
12 | (34) the defendant committed the offense of leaving | ||||||
13 | the scene of a crash an accident in violation of | ||||||
14 | subsection (b) of Section 11-401 of the Illinois Vehicle | ||||||
15 | Code and the crash accident resulted in the death of a | ||||||
16 | person and at the time of the offense, the defendant was: | ||||||
17 | (i) driving under the influence of alcohol, other drug or | ||||||
18 | drugs, intoxicating compound or compounds or any | ||||||
19 | combination thereof as defined by Section 11-501 of the | ||||||
20 | Illinois Vehicle Code; or (ii) operating the motor vehicle | ||||||
21 | while using an electronic communication device as defined | ||||||
22 | in Section 12-610.2 of the Illinois Vehicle Code. | ||||||
23 | For the purposes of this Section:
| ||||||
24 | "School" is defined as a public or private
elementary or | ||||||
25 | secondary school, community college, college, or university.
| ||||||
26 | "Day care center" means a public or private State |
| |||||||
| |||||||
1 | certified and
licensed day care center as defined in Section | ||||||
2 | 2.09 of the Child Care Act of
1969 that displays a sign in | ||||||
3 | plain view stating that the
property is a day care center.
| ||||||
4 | "Intellectual disability" means significantly subaverage | ||||||
5 | intellectual functioning which exists concurrently
with | ||||||
6 | impairment in adaptive behavior. | ||||||
7 | "Public transportation" means the transportation
or | ||||||
8 | conveyance of persons by means available to the general | ||||||
9 | public, and includes paratransit services. | ||||||
10 | "Traffic control devices" means all signs, signals, | ||||||
11 | markings, and devices that conform to the Illinois Manual on | ||||||
12 | Uniform Traffic Control Devices, placed or erected by | ||||||
13 | authority of a public body or official having jurisdiction, | ||||||
14 | for the purpose of regulating, warning, or guiding traffic. | ||||||
15 | (b) The following factors, related to all felonies, may be | ||||||
16 | considered by the court as
reasons to impose an extended term | ||||||
17 | sentence under Section 5-8-2
upon any offender:
| ||||||
18 | (1) When a defendant is convicted of any felony, after | ||||||
19 | having
been previously convicted in Illinois or any other | ||||||
20 | jurisdiction of the
same or similar class felony or | ||||||
21 | greater class felony, when such conviction
has occurred | ||||||
22 | within 10 years after the
previous conviction, excluding | ||||||
23 | time spent in custody, and such charges are
separately | ||||||
24 | brought and tried and arise out of different series of | ||||||
25 | acts; or
| ||||||
26 | (2) When a defendant is convicted of any felony and |
| |||||||
| |||||||
1 | the court
finds that the offense was accompanied by | ||||||
2 | exceptionally brutal
or heinous behavior indicative of | ||||||
3 | wanton cruelty; or
| ||||||
4 | (3) When a defendant is convicted of any felony | ||||||
5 | committed against:
| ||||||
6 | (i) a person under 12 years of age at the time of | ||||||
7 | the offense or such
person's property;
| ||||||
8 | (ii) a person 60 years of age or older at the time | ||||||
9 | of the offense or
such person's property; or
| ||||||
10 | (iii) a person who had a physical disability at | ||||||
11 | the time of the offense or
such person's property; or
| ||||||
12 | (4) When a defendant is convicted of any felony and | ||||||
13 | the offense
involved any of the following types of | ||||||
14 | specific misconduct committed as
part of a ceremony, rite, | ||||||
15 | initiation, observance, performance, practice or
activity | ||||||
16 | of any actual or ostensible religious, fraternal, or | ||||||
17 | social group:
| ||||||
18 | (i) the brutalizing or torturing of humans or | ||||||
19 | animals;
| ||||||
20 | (ii) the theft of human corpses;
| ||||||
21 | (iii) the kidnapping of humans;
| ||||||
22 | (iv) the desecration of any cemetery, religious, | ||||||
23 | fraternal, business,
governmental, educational, or | ||||||
24 | other building or property; or
| ||||||
25 | (v) ritualized abuse of a child; or
| ||||||
26 | (5) When a defendant is convicted of a felony other |
| |||||||
| |||||||
1 | than conspiracy and
the court finds that
the felony was | ||||||
2 | committed under an agreement with 2 or more other persons
| ||||||
3 | to commit that offense and the defendant, with respect to | ||||||
4 | the other
individuals, occupied a position of organizer, | ||||||
5 | supervisor, financier, or any
other position of management | ||||||
6 | or leadership, and the court further finds that
the felony | ||||||
7 | committed was related to or in furtherance of the criminal
| ||||||
8 | activities of an organized gang or was motivated by the | ||||||
9 | defendant's leadership
in an organized gang; or
| ||||||
10 | (6) When a defendant is convicted of an offense | ||||||
11 | committed while using a firearm with a
laser sight | ||||||
12 | attached to it. For purposes of this paragraph, "laser | ||||||
13 | sight"
has the meaning ascribed to it in Section 26-7 of | ||||||
14 | the Criminal Code of
2012; or
| ||||||
15 | (7) When a defendant who was at least 17 years of age | ||||||
16 | at the
time of
the commission of the offense is convicted | ||||||
17 | of a felony and has been previously
adjudicated a | ||||||
18 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
19 | an act
that if committed by an adult would be a Class X or | ||||||
20 | Class 1 felony when the
conviction has occurred within 10 | ||||||
21 | years after the previous adjudication,
excluding time | ||||||
22 | spent in custody; or
| ||||||
23 | (8) When a defendant commits any felony and the | ||||||
24 | defendant used, possessed, exercised control over, or | ||||||
25 | otherwise directed an animal to assault a law enforcement | ||||||
26 | officer engaged in the execution of his or her official |
| |||||||
| |||||||
1 | duties or in furtherance of the criminal activities of an | ||||||
2 | organized gang in which the defendant is engaged; or
| ||||||
3 | (9) When a defendant commits any felony and the | ||||||
4 | defendant knowingly video or audio records the offense | ||||||
5 | with the intent to disseminate the recording. | ||||||
6 | (c) The following factors may be considered by the court | ||||||
7 | as reasons to impose an extended term sentence under Section | ||||||
8 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
9 | offenses: | ||||||
10 | (1) When a defendant is convicted of first degree | ||||||
11 | murder, after having been previously convicted in Illinois | ||||||
12 | of any offense listed under paragraph (c)(2) of Section | ||||||
13 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
14 | occurred within 10 years after the previous conviction, | ||||||
15 | excluding time spent in custody, and the charges are | ||||||
16 | separately brought and tried and arise out of different | ||||||
17 | series of acts. | ||||||
18 | (1.5) When a defendant is convicted of first degree | ||||||
19 | murder, after having been previously convicted of domestic | ||||||
20 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
21 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
22 | having been previously convicted of violation of an order | ||||||
23 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
24 | was the protected person. | ||||||
25 | (2) When a defendant is convicted of voluntary | ||||||
26 | manslaughter, second degree murder, involuntary |
| |||||||
| |||||||
1 | manslaughter, or reckless homicide in which the defendant | ||||||
2 | has been convicted of causing the death of more than one | ||||||
3 | individual. | ||||||
4 | (3) When a defendant is convicted of aggravated | ||||||
5 | criminal sexual assault or criminal sexual assault, when | ||||||
6 | there is a finding that aggravated criminal sexual assault | ||||||
7 | or criminal sexual assault was also committed on the same | ||||||
8 | victim by one or more other individuals, and the defendant | ||||||
9 | voluntarily participated in the crime with the knowledge | ||||||
10 | of the participation of the others in the crime, and the | ||||||
11 | commission of the crime was part of a single course of | ||||||
12 | conduct during which there was no substantial change in | ||||||
13 | the nature of the criminal objective. | ||||||
14 | (4) If the victim was under 18 years of age at the time | ||||||
15 | of the commission of the offense, when a defendant is | ||||||
16 | convicted of aggravated criminal sexual assault or | ||||||
17 | predatory criminal sexual assault of a child under | ||||||
18 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
19 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
21 | (5) When a defendant is convicted of a felony | ||||||
22 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
24 | finding that the defendant is a member of an organized | ||||||
25 | gang. | ||||||
26 | (6) When a defendant was convicted of unlawful use of |
| |||||||
| |||||||
1 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
2 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
3 | a weapon that is not readily distinguishable as one of the | ||||||
4 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
5 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
6 | (7) When a defendant is convicted of an offense | ||||||
7 | involving the illegal manufacture of a controlled | ||||||
8 | substance under Section 401 of the Illinois Controlled | ||||||
9 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
10 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
11 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
12 | the illegal possession of explosives and an emergency | ||||||
13 | response officer in the performance of his or her duties | ||||||
14 | is killed or injured at the scene of the offense while | ||||||
15 | responding to the emergency caused by the commission of | ||||||
16 | the offense. In this paragraph, "emergency" means a | ||||||
17 | situation in which a person's life, health, or safety is | ||||||
18 | in jeopardy; and "emergency response officer" means a | ||||||
19 | peace officer, community policing volunteer, fireman, | ||||||
20 | emergency medical technician-ambulance, emergency medical | ||||||
21 | technician-intermediate, emergency medical | ||||||
22 | technician-paramedic, ambulance driver, other medical | ||||||
23 | assistance or first aid personnel, or hospital emergency | ||||||
24 | room personnel.
| ||||||
25 | (8) When the defendant is convicted of attempted mob | ||||||
26 | action, solicitation to commit mob action, or conspiracy |
| |||||||
| |||||||
1 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
2 | Criminal Code of 2012, where the criminal object is a | ||||||
3 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
4 | and an electronic communication is used in the commission | ||||||
5 | of the offense. For the purposes of this paragraph (8), | ||||||
6 | "electronic communication" shall have the meaning provided | ||||||
7 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
8 | (d) For the purposes of this Section, "organized gang" has | ||||||
9 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
10 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
11 | (e) The court may impose an extended term sentence under | ||||||
12 | Article 4.5 of Chapter V upon an offender who has been | ||||||
13 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
14 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
15 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
16 | when the victim of the offense is under 18 years of age at the | ||||||
17 | time of the commission of the offense and, during the | ||||||
18 | commission of the offense, the victim was under the influence | ||||||
19 | of alcohol, regardless of whether or not the alcohol was | ||||||
20 | supplied by the offender; and the offender, at the time of the | ||||||
21 | commission of the offense, knew or should have known that the | ||||||
22 | victim had consumed alcohol. | ||||||
23 | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | ||||||
24 | 101-417, eff. 1-1-20; 102-558, eff. 8-20-21.)
| ||||||
25 | (Text of Section after amendment by P.A. 101-652 ) |
| |||||||
| |||||||
1 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
2 | sentencing.
| ||||||
3 | (a) The following factors shall be accorded weight in | ||||||
4 | favor of
imposing a term of imprisonment or may be considered | ||||||
5 | by the court as reasons
to impose a more severe sentence under | ||||||
6 | Section 5-8-1 or Article 4.5 of Chapter V:
| ||||||
7 | (1) the defendant's conduct caused or threatened | ||||||
8 | serious harm;
| ||||||
9 | (2) the defendant received compensation for committing | ||||||
10 | the offense;
| ||||||
11 | (3) the defendant has a history of prior delinquency | ||||||
12 | or criminal activity;
| ||||||
13 | (4) the defendant, by the duties of his office or by | ||||||
14 | his position,
was obliged to prevent the particular | ||||||
15 | offense committed or to bring
the offenders committing it | ||||||
16 | to justice;
| ||||||
17 | (5) the defendant held public office at the time of | ||||||
18 | the offense,
and the offense related to the conduct of | ||||||
19 | that office;
| ||||||
20 | (6) the defendant utilized his professional reputation | ||||||
21 | or
position in the community to commit the offense, or to | ||||||
22 | afford
him an easier means of committing it;
| ||||||
23 | (7) the sentence is necessary to deter others from | ||||||
24 | committing
the same crime;
| ||||||
25 | (8) the defendant committed the offense against a | ||||||
26 | person 60 years of age
or older or such person's property;
|
| |||||||
| |||||||
1 | (9) the defendant committed the offense against a | ||||||
2 | person who has a physical disability or such person's | ||||||
3 | property;
| ||||||
4 | (10) by reason of another individual's actual or | ||||||
5 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
6 | sexual orientation, physical or mental
disability, or | ||||||
7 | national origin, the defendant committed the offense | ||||||
8 | against (i)
the person or property
of that individual; | ||||||
9 | (ii) the person or property of a person who has an
| ||||||
10 | association with, is married to, or has a friendship with | ||||||
11 | the other individual;
or (iii) the person or property of a | ||||||
12 | relative (by blood or marriage) of a
person described in | ||||||
13 | clause (i) or (ii). For the purposes of this Section,
| ||||||
14 | "sexual orientation" has the meaning ascribed to it in | ||||||
15 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
16 | Rights Act;
| ||||||
17 | (11) the offense took place in a place of worship or on | ||||||
18 | the
grounds of a place of worship, immediately prior to, | ||||||
19 | during or immediately
following worship services. For | ||||||
20 | purposes of this subparagraph, "place of
worship" shall | ||||||
21 | mean any church, synagogue or other building, structure or
| ||||||
22 | place used primarily for religious worship;
| ||||||
23 | (12) the defendant was convicted of a felony committed | ||||||
24 | while he was
on pretrial release or his own recognizance | ||||||
25 | pending trial for a prior felony
and was convicted of such | ||||||
26 | prior felony, or the defendant was convicted of a
felony |
| |||||||
| |||||||
1 | committed while he was serving a period of probation,
| ||||||
2 | conditional discharge, or mandatory supervised release | ||||||
3 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
4 | (13) the defendant committed or attempted to commit a | ||||||
5 | felony while he
was wearing a bulletproof vest. For the | ||||||
6 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
7 | device which is designed for the purpose of
protecting the | ||||||
8 | wearer from bullets, shot or other lethal projectiles;
| ||||||
9 | (14) the defendant held a position of trust or | ||||||
10 | supervision such as, but
not limited to, family member as | ||||||
11 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
12 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
13 | relation to a victim under 18 years of age, and the | ||||||
14 | defendant committed an
offense in violation of Section | ||||||
15 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
16 | 11-14.4 except for an offense that involves keeping a | ||||||
17 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
18 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
19 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
20 | of 2012
against
that victim;
| ||||||
21 | (15) the defendant committed an offense related to the | ||||||
22 | activities of an
organized gang. For the purposes of this | ||||||
23 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
24 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
25 | Act;
| ||||||
26 | (16) the defendant committed an offense in violation |
| |||||||
| |||||||
1 | of one of the
following Sections while in a school, | ||||||
2 | regardless of the time of day or time of
year; on any | ||||||
3 | conveyance owned, leased, or contracted by a school to | ||||||
4 | transport
students to or from school or a school related | ||||||
5 | activity; on the real property
of a school; or on a public | ||||||
6 | way within 1,000 feet of the real property
comprising any | ||||||
7 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
8 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
9 | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
10 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, | ||||||
11 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
12 | for subdivision (a)(4) or (g)(1), of the Criminal Code of
| ||||||
13 | 1961 or the Criminal Code of 2012;
| ||||||
14 | (16.5) the defendant committed an offense in violation | ||||||
15 | of one of the
following Sections while in a day care | ||||||
16 | center, regardless of the time of day or
time of year; on | ||||||
17 | the real property of a day care center, regardless of the | ||||||
18 | time
of day or time of year; or on a public
way within | ||||||
19 | 1,000 feet of the real property comprising any day care | ||||||
20 | center,
regardless of the time of day or time of year:
| ||||||
21 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
22 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
23 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
24 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
25 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
26 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012;
| ||||||
2 | (17) the defendant committed the offense by reason of | ||||||
3 | any person's
activity as a community policing volunteer or | ||||||
4 | to prevent any person from
engaging in activity as a | ||||||
5 | community policing volunteer. For the purpose of
this | ||||||
6 | Section, "community policing volunteer" has the meaning | ||||||
7 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
8 | 2012;
| ||||||
9 | (18) the defendant committed the offense in a nursing | ||||||
10 | home or on the
real
property comprising a nursing home. | ||||||
11 | For the purposes of this paragraph (18),
"nursing home" | ||||||
12 | means a skilled nursing
or intermediate long term care | ||||||
13 | facility that is subject to license by the
Illinois | ||||||
14 | Department of Public Health under the Nursing Home Care
| ||||||
15 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
16 | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| ||||||
17 | (19) the defendant was a federally licensed firearm | ||||||
18 | dealer
and
was
previously convicted of a violation of | ||||||
19 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
20 | Identification Card Act and has now committed either a | ||||||
21 | felony
violation
of the Firearm Owners Identification Card | ||||||
22 | Act or an act of armed violence while
armed
with a firearm; | ||||||
23 | (20) the defendant (i) committed the offense of | ||||||
24 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
25 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
26 | driving under the influence of alcohol, other drug or
|
| |||||||
| |||||||
1 | drugs, intoxicating compound or compounds or any | ||||||
2 | combination thereof under Section 11-501 of the Illinois | ||||||
3 | Vehicle Code or a similar provision of a local ordinance | ||||||
4 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
5 | miles per hour over the posted speed limit as provided in | ||||||
6 | Article VI of Chapter 11 of the Illinois Vehicle Code;
| ||||||
7 | (21) the defendant (i) committed the offense of | ||||||
8 | reckless driving or aggravated reckless driving under | ||||||
9 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
10 | operating a motor vehicle in excess of 20 miles per hour | ||||||
11 | over the posted speed limit as provided in Article VI of | ||||||
12 | Chapter 11 of the Illinois Vehicle Code; | ||||||
13 | (22) the defendant committed the offense against a | ||||||
14 | person that the defendant knew, or reasonably should have | ||||||
15 | known, was a member of the Armed Forces of the United | ||||||
16 | States serving on active duty. For purposes of this clause | ||||||
17 | (22), the term "Armed Forces" means any of the Armed | ||||||
18 | Forces of the United States, including a member of any | ||||||
19 | reserve component thereof or National Guard unit called to | ||||||
20 | active duty;
| ||||||
21 | (23)
the defendant committed the offense against a | ||||||
22 | person who was elderly or infirm or who was a person with a | ||||||
23 | disability by taking advantage of a family or fiduciary | ||||||
24 | relationship with the elderly or infirm person or person | ||||||
25 | with a disability;
| ||||||
26 | (24)
the defendant committed any offense under Section |
| |||||||
| |||||||
1 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
2 | of 2012 and possessed 100 or more images;
| ||||||
3 | (25) the defendant committed the offense while the | ||||||
4 | defendant or the victim was in a train, bus, or other | ||||||
5 | vehicle used for public transportation; | ||||||
6 | (26) the defendant committed the offense of child | ||||||
7 | pornography or aggravated child pornography, specifically | ||||||
8 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
9 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
11 | solicited for, depicted in, or posed in any act of sexual | ||||||
12 | penetration or bound, fettered, or subject to sadistic, | ||||||
13 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
14 | and specifically including paragraph (1), (2), (3), (4), | ||||||
15 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
16 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
17 | engaged in, solicited for, depicted in, or posed in any | ||||||
18 | act of sexual penetration or bound, fettered, or subject | ||||||
19 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
20 | sexual context; | ||||||
21 | (27) the defendant committed the offense of first | ||||||
22 | degree murder, assault, aggravated assault, battery, | ||||||
23 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
24 | robbery against a person who was a veteran and the | ||||||
25 | defendant knew, or reasonably should have known, that the | ||||||
26 | person was a veteran performing duties as a representative |
| |||||||
| |||||||
1 | of a veterans' organization. For the purposes of this | ||||||
2 | paragraph (27), "veteran" means an Illinois resident who | ||||||
3 | has served as a member of the United States Armed Forces, a | ||||||
4 | member of the Illinois National Guard, or a member of the | ||||||
5 | United States Reserve Forces; and "veterans' organization" | ||||||
6 | means an organization comprised of members of
which | ||||||
7 | substantially all are individuals who are veterans or | ||||||
8 | spouses,
widows, or widowers of veterans, the primary | ||||||
9 | purpose of which is to
promote the welfare of its members | ||||||
10 | and to provide assistance to the general
public in such a | ||||||
11 | way as to confer a public benefit; | ||||||
12 | (28) the defendant committed the offense of assault, | ||||||
13 | aggravated assault, battery, aggravated battery, robbery, | ||||||
14 | armed robbery, or aggravated robbery against a person that | ||||||
15 | the defendant knew or reasonably should have known was a | ||||||
16 | letter carrier or postal worker while that person was | ||||||
17 | performing his or her duties delivering mail for the | ||||||
18 | United States Postal Service; | ||||||
19 | (29) the defendant committed the offense of criminal | ||||||
20 | sexual assault, aggravated criminal sexual assault, | ||||||
21 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
22 | against a victim with an intellectual disability, and the | ||||||
23 | defendant holds a position of trust, authority, or | ||||||
24 | supervision in relation to the victim; | ||||||
25 | (30) the defendant committed the offense of promoting | ||||||
26 | juvenile prostitution, patronizing a prostitute, or |
| |||||||
| |||||||
1 | patronizing a minor engaged in prostitution and at the | ||||||
2 | time of the commission of the offense knew that the | ||||||
3 | prostitute or minor engaged in prostitution was in the | ||||||
4 | custody or guardianship of the Department of Children and | ||||||
5 | Family Services; | ||||||
6 | (31) the defendant (i) committed the offense of | ||||||
7 | driving while under the influence of alcohol, other drug | ||||||
8 | or drugs, intoxicating compound or compounds or any | ||||||
9 | combination thereof in violation of Section 11-501 of the | ||||||
10 | Illinois Vehicle Code or a similar provision of a local | ||||||
11 | ordinance and (ii) the defendant during the commission of | ||||||
12 | the offense was driving his or her vehicle upon a roadway | ||||||
13 | designated for one-way traffic in the opposite direction | ||||||
14 | of the direction indicated by official traffic control | ||||||
15 | devices; | ||||||
16 | (32) the defendant committed the offense of reckless | ||||||
17 | homicide while committing a violation of Section 11-907 of | ||||||
18 | the Illinois Vehicle Code; | ||||||
19 | (33) the defendant was found guilty of an | ||||||
20 | administrative infraction related to an act or acts of | ||||||
21 | public indecency or sexual misconduct in the penal | ||||||
22 | institution. In this paragraph (33), "penal institution" | ||||||
23 | has the same meaning as in Section 2-14 of the Criminal | ||||||
24 | Code of 2012; or | ||||||
25 | (34) the defendant committed the offense of leaving | ||||||
26 | the scene of a crash an accident in violation of |
| |||||||
| |||||||
1 | subsection (b) of Section 11-401 of the Illinois Vehicle | ||||||
2 | Code and the crash accident resulted in the death of a | ||||||
3 | person and at the time of the offense, the defendant was: | ||||||
4 | (i) driving under the influence of alcohol, other drug or | ||||||
5 | drugs, intoxicating compound or compounds or any | ||||||
6 | combination thereof as defined by Section 11-501 of the | ||||||
7 | Illinois Vehicle Code; or (ii) operating the motor vehicle | ||||||
8 | while using an electronic communication device as defined | ||||||
9 | in Section 12-610.2 of the Illinois Vehicle Code. | ||||||
10 | For the purposes of this Section:
| ||||||
11 | "School" is defined as a public or private
elementary or | ||||||
12 | secondary school, community college, college, or university.
| ||||||
13 | "Day care center" means a public or private State | ||||||
14 | certified and
licensed day care center as defined in Section | ||||||
15 | 2.09 of the Child Care Act of
1969 that displays a sign in | ||||||
16 | plain view stating that the
property is a day care center.
| ||||||
17 | "Intellectual disability" means significantly subaverage | ||||||
18 | intellectual functioning which exists concurrently
with | ||||||
19 | impairment in adaptive behavior. | ||||||
20 | "Public transportation" means the transportation
or | ||||||
21 | conveyance of persons by means available to the general | ||||||
22 | public, and includes paratransit services. | ||||||
23 | "Traffic control devices" means all signs, signals, | ||||||
24 | markings, and devices that conform to the Illinois Manual on | ||||||
25 | Uniform Traffic Control Devices, placed or erected by | ||||||
26 | authority of a public body or official having jurisdiction, |
| |||||||
| |||||||
1 | for the purpose of regulating, warning, or guiding traffic. | ||||||
2 | (b) The following factors, related to all felonies, may be | ||||||
3 | considered by the court as
reasons to impose an extended term | ||||||
4 | sentence under Section 5-8-2
upon any offender:
| ||||||
5 | (1) When a defendant is convicted of any felony, after | ||||||
6 | having
been previously convicted in Illinois or any other | ||||||
7 | jurisdiction of the
same or similar class felony or | ||||||
8 | greater class felony, when such conviction
has occurred | ||||||
9 | within 10 years after the
previous conviction, excluding | ||||||
10 | time spent in custody, and such charges are
separately | ||||||
11 | brought and tried and arise out of different series of | ||||||
12 | acts; or
| ||||||
13 | (2) When a defendant is convicted of any felony and | ||||||
14 | the court
finds that the offense was accompanied by | ||||||
15 | exceptionally brutal
or heinous behavior indicative of | ||||||
16 | wanton cruelty; or
| ||||||
17 | (3) When a defendant is convicted of any felony | ||||||
18 | committed against:
| ||||||
19 | (i) a person under 12 years of age at the time of | ||||||
20 | the offense or such
person's property;
| ||||||
21 | (ii) a person 60 years of age or older at the time | ||||||
22 | of the offense or
such person's property; or
| ||||||
23 | (iii) a person who had a physical disability at | ||||||
24 | the time of the offense or
such person's property; or
| ||||||
25 | (4) When a defendant is convicted of any felony and | ||||||
26 | the offense
involved any of the following types of |
| |||||||
| |||||||
1 | specific misconduct committed as
part of a ceremony, rite, | ||||||
2 | initiation, observance, performance, practice or
activity | ||||||
3 | of any actual or ostensible religious, fraternal, or | ||||||
4 | social group:
| ||||||
5 | (i) the brutalizing or torturing of humans or | ||||||
6 | animals;
| ||||||
7 | (ii) the theft of human corpses;
| ||||||
8 | (iii) the kidnapping of humans;
| ||||||
9 | (iv) the desecration of any cemetery, religious, | ||||||
10 | fraternal, business,
governmental, educational, or | ||||||
11 | other building or property; or
| ||||||
12 | (v) ritualized abuse of a child; or
| ||||||
13 | (5) When a defendant is convicted of a felony other | ||||||
14 | than conspiracy and
the court finds that
the felony was | ||||||
15 | committed under an agreement with 2 or more other persons
| ||||||
16 | to commit that offense and the defendant, with respect to | ||||||
17 | the other
individuals, occupied a position of organizer, | ||||||
18 | supervisor, financier, or any
other position of management | ||||||
19 | or leadership, and the court further finds that
the felony | ||||||
20 | committed was related to or in furtherance of the criminal
| ||||||
21 | activities of an organized gang or was motivated by the | ||||||
22 | defendant's leadership
in an organized gang; or
| ||||||
23 | (6) When a defendant is convicted of an offense | ||||||
24 | committed while using a firearm with a
laser sight | ||||||
25 | attached to it. For purposes of this paragraph, "laser | ||||||
26 | sight"
has the meaning ascribed to it in Section 26-7 of |
| |||||||
| |||||||
1 | the Criminal Code of
2012; or
| ||||||
2 | (7) When a defendant who was at least 17 years of age | ||||||
3 | at the
time of
the commission of the offense is convicted | ||||||
4 | of a felony and has been previously
adjudicated a | ||||||
5 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
6 | an act
that if committed by an adult would be a Class X or | ||||||
7 | Class 1 felony when the
conviction has occurred within 10 | ||||||
8 | years after the previous adjudication,
excluding time | ||||||
9 | spent in custody; or
| ||||||
10 | (8) When a defendant commits any felony and the | ||||||
11 | defendant used, possessed, exercised control over, or | ||||||
12 | otherwise directed an animal to assault a law enforcement | ||||||
13 | officer engaged in the execution of his or her official | ||||||
14 | duties or in furtherance of the criminal activities of an | ||||||
15 | organized gang in which the defendant is engaged; or
| ||||||
16 | (9) When a defendant commits any felony and the | ||||||
17 | defendant knowingly video or audio records the offense | ||||||
18 | with the intent to disseminate the recording. | ||||||
19 | (c) The following factors may be considered by the court | ||||||
20 | as reasons to impose an extended term sentence under Section | ||||||
21 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
22 | offenses: | ||||||
23 | (1) When a defendant is convicted of first degree | ||||||
24 | murder, after having been previously convicted in Illinois | ||||||
25 | of any offense listed under paragraph (c)(2) of Section | ||||||
26 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has |
| |||||||
| |||||||
1 | occurred within 10 years after the previous conviction, | ||||||
2 | excluding time spent in custody, and the charges are | ||||||
3 | separately brought and tried and arise out of different | ||||||
4 | series of acts. | ||||||
5 | (1.5) When a defendant is convicted of first degree | ||||||
6 | murder, after having been previously convicted of domestic | ||||||
7 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
8 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
9 | having been previously convicted of violation of an order | ||||||
10 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
11 | was the protected person. | ||||||
12 | (2) When a defendant is convicted of voluntary | ||||||
13 | manslaughter, second degree murder, involuntary | ||||||
14 | manslaughter, or reckless homicide in which the defendant | ||||||
15 | has been convicted of causing the death of more than one | ||||||
16 | individual. | ||||||
17 | (3) When a defendant is convicted of aggravated | ||||||
18 | criminal sexual assault or criminal sexual assault, when | ||||||
19 | there is a finding that aggravated criminal sexual assault | ||||||
20 | or criminal sexual assault was also committed on the same | ||||||
21 | victim by one or more other individuals, and the defendant | ||||||
22 | voluntarily participated in the crime with the knowledge | ||||||
23 | of the participation of the others in the crime, and the | ||||||
24 | commission of the crime was part of a single course of | ||||||
25 | conduct during which there was no substantial change in | ||||||
26 | the nature of the criminal objective. |
| |||||||
| |||||||
1 | (4) If the victim was under 18 years of age at the time | ||||||
2 | of the commission of the offense, when a defendant is | ||||||
3 | convicted of aggravated criminal sexual assault or | ||||||
4 | predatory criminal sexual assault of a child under | ||||||
5 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
6 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
8 | (5) When a defendant is convicted of a felony | ||||||
9 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
10 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
11 | finding that the defendant is a member of an organized | ||||||
12 | gang. | ||||||
13 | (6) When a defendant was convicted of unlawful use of | ||||||
14 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
15 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
16 | a weapon that is not readily distinguishable as one of the | ||||||
17 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
18 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
19 | (7) When a defendant is convicted of an offense | ||||||
20 | involving the illegal manufacture of a controlled | ||||||
21 | substance under Section 401 of the Illinois Controlled | ||||||
22 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
23 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
24 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
25 | the illegal possession of explosives and an emergency | ||||||
26 | response officer in the performance of his or her duties |
| |||||||
| |||||||
1 | is killed or injured at the scene of the offense while | ||||||
2 | responding to the emergency caused by the commission of | ||||||
3 | the offense. In this paragraph, "emergency" means a | ||||||
4 | situation in which a person's life, health, or safety is | ||||||
5 | in jeopardy; and "emergency response officer" means a | ||||||
6 | peace officer, community policing volunteer, fireman, | ||||||
7 | emergency medical technician-ambulance, emergency medical | ||||||
8 | technician-intermediate, emergency medical | ||||||
9 | technician-paramedic, ambulance driver, other medical | ||||||
10 | assistance or first aid personnel, or hospital emergency | ||||||
11 | room personnel.
| ||||||
12 | (8) When the defendant is convicted of attempted mob | ||||||
13 | action, solicitation to commit mob action, or conspiracy | ||||||
14 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
15 | Criminal Code of 2012, where the criminal object is a | ||||||
16 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
17 | and an electronic communication is used in the commission | ||||||
18 | of the offense. For the purposes of this paragraph (8), | ||||||
19 | "electronic communication" shall have the meaning provided | ||||||
20 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
21 | (d) For the purposes of this Section, "organized gang" has | ||||||
22 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
23 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
24 | (e) The court may impose an extended term sentence under | ||||||
25 | Article 4.5 of Chapter V upon an offender who has been | ||||||
26 | convicted of a felony violation of Section 11-1.20, 11-1.30, |
| |||||||
| |||||||
1 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
2 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
3 | when the victim of the offense is under 18 years of age at the | ||||||
4 | time of the commission of the offense and, during the | ||||||
5 | commission of the offense, the victim was under the influence | ||||||
6 | of alcohol, regardless of whether or not the alcohol was | ||||||
7 | supplied by the offender; and the offender, at the time of the | ||||||
8 | commission of the offense, knew or should have known that the | ||||||
9 | victim had consumed alcohol. | ||||||
10 | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; | ||||||
11 | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff. | ||||||
12 | 1-1-23; 102-558, eff. 8-20-21.)
| ||||||
13 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| ||||||
14 | Sec. 5-8-4. Concurrent and consecutive terms of | ||||||
15 | imprisonment.
| ||||||
16 | (a) Concurrent terms; multiple or additional sentences. | ||||||
17 | When an Illinois court (i) imposes multiple sentences of | ||||||
18 | imprisonment on a defendant at the same time or (ii) imposes a | ||||||
19 | sentence of imprisonment on a defendant who is already subject | ||||||
20 | to a sentence of imprisonment imposed by an Illinois court, a | ||||||
21 | court of another state, or a federal court, then the sentences | ||||||
22 | shall run concurrently unless otherwise determined by the | ||||||
23 | Illinois court under this Section. | ||||||
24 | (b) Concurrent terms; misdemeanor and felony. A defendant | ||||||
25 | serving a sentence for a
misdemeanor who is convicted of a |
| |||||||
| |||||||
1 | felony and sentenced to imprisonment shall be transferred to | ||||||
2 | the Department of Corrections, and the misdemeanor sentence | ||||||
3 | shall be merged in and run concurrently with the felony | ||||||
4 | sentence. | ||||||
5 | (c) Consecutive terms; permissive. The court may impose | ||||||
6 | consecutive sentences in any of the following circumstances: | ||||||
7 | (1) If, having regard to the nature and circumstances | ||||||
8 | of the offense and the history
and character of the | ||||||
9 | defendant, it is the opinion of the court that consecutive | ||||||
10 | sentences are
required to protect the public from further | ||||||
11 | criminal conduct by the defendant, the basis for which the | ||||||
12 | court shall set forth in the record. | ||||||
13 | (2) If one of the offenses for which a defendant was | ||||||
14 | convicted was a violation of
Section 32-5.2 (aggravated | ||||||
15 | false personation of a peace officer) of the Criminal Code | ||||||
16 | of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision | ||||||
17 | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of | ||||||
18 | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the | ||||||
19 | offense was committed in attempting or committing a | ||||||
20 | forcible felony.
| ||||||
21 | (d) Consecutive terms; mandatory. The court shall impose | ||||||
22 | consecutive sentences in each of the following circumstances: | ||||||
23 | (1) One of the offenses for which the defendant was | ||||||
24 | convicted was first degree
murder or a Class X or Class 1 | ||||||
25 | felony and the defendant inflicted severe bodily injury. | ||||||
26 | (2) The defendant was convicted of a violation of |
| |||||||
| |||||||
1 | Section 11-1.20 or 12-13 (criminal sexual
assault), | ||||||
2 | 11-1.30 or 12-14 (aggravated criminal sexual assault), or | ||||||
3 | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | ||||||
4 | child) of the Criminal Code of 1961 or the Criminal Code of | ||||||
5 | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, | ||||||
6 | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or | ||||||
7 | 5/12-14.1). | ||||||
8 | (2.5) The defendant was convicted of a violation of | ||||||
9 | paragraph (1), (2), (3), (4), (5), or (7) of subsection | ||||||
10 | (a) of Section 11-20.1 (child pornography) or of paragraph | ||||||
11 | (1), (2), (3), (4), (5), or (7) of subsection (a) of | ||||||
12 | Section 11-20.1B or 11-20.3 (aggravated child pornography) | ||||||
13 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
14 | or the defendant was convicted of a violation of paragraph | ||||||
15 | (6) of subsection (a) of Section 11-20.1 (child | ||||||
16 | pornography) or of paragraph (6) of subsection (a) of | ||||||
17 | Section 11-20.1B or 11-20.3 (aggravated child pornography) | ||||||
18 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
19 | when the child depicted is under the age of 13. | ||||||
20 | (3) The defendant was convicted of armed violence | ||||||
21 | based upon the predicate
offense of any of the following: | ||||||
22 | solicitation of murder, solicitation of murder for hire, | ||||||
23 | heinous battery as described in Section 12-4.1 or | ||||||
24 | subdivision (a)(2) of Section 12-3.05, aggravated battery | ||||||
25 | of a senior citizen as described in Section 12-4.6 or | ||||||
26 | subdivision (a)(4) of Section 12-3.05, criminal sexual |
| |||||||
| |||||||
1 | assault, a violation of subsection (g) of Section 5 of the | ||||||
2 | Cannabis Control Act (720 ILCS 550/5), cannabis | ||||||
3 | trafficking, a violation of subsection (a) of Section 401 | ||||||
4 | of the Illinois Controlled Substances Act (720 ILCS | ||||||
5 | 570/401), controlled substance trafficking involving a | ||||||
6 | Class X felony amount of controlled substance under | ||||||
7 | Section 401 of the Illinois Controlled Substances Act (720 | ||||||
8 | ILCS 570/401), a violation of the Methamphetamine Control | ||||||
9 | and Community Protection Act (720 ILCS 646/), calculated | ||||||
10 | criminal drug conspiracy, or streetgang criminal drug | ||||||
11 | conspiracy. | ||||||
12 | (4) The defendant was convicted of the offense of | ||||||
13 | leaving the scene of a motor
vehicle crash accident | ||||||
14 | involving death or personal injuries under Section 11-401 | ||||||
15 | of the Illinois Vehicle Code (625 ILCS 5/11-401) and | ||||||
16 | either: (A) aggravated driving under the influence of | ||||||
17 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
18 | compounds, or any combination thereof under Section 11-501 | ||||||
19 | of the Illinois Vehicle Code (625 ILCS 5/11-501), (B) | ||||||
20 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
21 | of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3), or | ||||||
22 | (C) both an offense described in item (A) and an offense | ||||||
23 | described in item (B). | ||||||
24 | (5) The defendant was convicted of a violation of | ||||||
25 | Section 9-3.1 or Section 9-3.4 (concealment of homicidal | ||||||
26 | death) or Section 12-20.5 (dismembering a human body) of |
| |||||||
| |||||||
1 | the Criminal Code of 1961 or the Criminal Code of 2012 (720 | ||||||
2 | ILCS 5/9-3.1 or 5/12-20.5). | ||||||
3 | (5.5) The defendant was convicted of a violation of | ||||||
4 | Section 24-3.7 (use of a stolen firearm in the commission | ||||||
5 | of an offense) of the Criminal Code of 1961 or the Criminal | ||||||
6 | Code of 2012. | ||||||
7 | (6) If the defendant was in the custody of the | ||||||
8 | Department of Corrections at the
time of the commission of | ||||||
9 | the offense, the sentence shall be served consecutive to | ||||||
10 | the sentence under which the defendant is held by the | ||||||
11 | Department of Corrections. If, however, the defendant is | ||||||
12 | sentenced to punishment by death, the sentence shall be | ||||||
13 | executed at such time as the court may fix without regard | ||||||
14 | to the sentence under which the defendant may be held by | ||||||
15 | the Department. | ||||||
16 | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||||||
17 | for escape or attempted escape shall be served
consecutive | ||||||
18 | to the terms under which the offender is held by the | ||||||
19 | Department of Corrections. | ||||||
20 | (8) If a person charged with a felony commits a | ||||||
21 | separate felony while on pretrial
release or in pretrial | ||||||
22 | detention in a county jail facility or county detention | ||||||
23 | facility, then the sentences imposed upon conviction of | ||||||
24 | these felonies shall be served consecutively regardless of | ||||||
25 | the order in which the judgments of conviction are | ||||||
26 | entered. |
| |||||||
| |||||||
1 | (8.5) If a person commits a battery against a county | ||||||
2 | correctional officer or sheriff's employee while serving a | ||||||
3 | sentence or in pretrial detention in a county jail | ||||||
4 | facility, then the sentence imposed upon conviction of the | ||||||
5 | battery shall be served consecutively with the sentence | ||||||
6 | imposed upon conviction of the earlier misdemeanor or | ||||||
7 | felony, regardless of the order in which the
judgments of | ||||||
8 | conviction are entered. | ||||||
9 | (9) If a person admitted to bail following conviction | ||||||
10 | of a felony commits a
separate felony while free on bond or | ||||||
11 | if a person detained in a county jail facility or county | ||||||
12 | detention facility following conviction of a felony | ||||||
13 | commits a separate felony while in detention, then any | ||||||
14 | sentence following conviction of the separate felony shall | ||||||
15 | be consecutive to that of the original sentence for which | ||||||
16 | the defendant was on bond or detained.
| ||||||
17 | (10) If a person is found to be in possession of an | ||||||
18 | item of contraband, as defined in Section 31A-0.1 of the | ||||||
19 | Criminal Code of 2012, while serving a sentence in a | ||||||
20 | county jail or while in pre-trial detention in a county | ||||||
21 | jail, the sentence imposed upon conviction for the offense | ||||||
22 | of possessing contraband in a penal institution shall be | ||||||
23 | served consecutively to the sentence imposed for the | ||||||
24 | offense in which the person is serving sentence in the | ||||||
25 | county jail or serving pretrial detention, regardless of | ||||||
26 | the order in which the judgments of conviction are |
| |||||||
| |||||||
1 | entered. | ||||||
2 | (11) If a person is sentenced for a violation of bail | ||||||
3 | bond under Section 32-10 of the Criminal Code of 1961 or | ||||||
4 | the Criminal Code of 2012, any sentence imposed for that | ||||||
5 | violation shall be served
consecutive to the sentence | ||||||
6 | imposed for the charge for which bail had been
granted and | ||||||
7 | with respect to which the defendant has been convicted. | ||||||
8 | (e) Consecutive terms; subsequent non-Illinois term. If an | ||||||
9 | Illinois court has imposed a
sentence of imprisonment on a | ||||||
10 | defendant and the defendant is subsequently sentenced to a | ||||||
11 | term of imprisonment by a court of another state or a federal | ||||||
12 | court, then the Illinois sentence shall run consecutively to | ||||||
13 | the sentence imposed by the court of the other state or the | ||||||
14 | federal court. That same Illinois court, however, may order | ||||||
15 | that the Illinois sentence run concurrently with the sentence | ||||||
16 | imposed by the court of the other state or the federal court, | ||||||
17 | but only if the defendant applies to that same Illinois court | ||||||
18 | within 30 days after the sentence imposed by the court of the | ||||||
19 | other state or the federal court is finalized. | ||||||
20 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
21 | The aggregate maximum
and aggregate minimum of consecutive | ||||||
22 | sentences shall be determined as follows: | ||||||
23 | (1) For sentences imposed under law in effect prior to | ||||||
24 | February 1, 1978, the
aggregate maximum of consecutive | ||||||
25 | sentences shall not exceed the maximum term authorized | ||||||
26 | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of |
| |||||||
| |||||||
1 | Chapter V for the 2 most serious felonies involved. The | ||||||
2 | aggregate minimum period of consecutive sentences shall | ||||||
3 | not exceed the highest minimum term authorized under | ||||||
4 | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | ||||||
5 | V for the 2 most serious felonies involved. When sentenced | ||||||
6 | only for misdemeanors, a defendant shall not be | ||||||
7 | consecutively sentenced to more than the maximum for one | ||||||
8 | Class A misdemeanor. | ||||||
9 | (2) For sentences imposed under the law in effect on | ||||||
10 | or after February 1, 1978,
the aggregate of consecutive | ||||||
11 | sentences for offenses that were committed as part of a | ||||||
12 | single
course of conduct during which there was no | ||||||
13 | substantial change in the nature of the criminal objective | ||||||
14 | shall not exceed the sum of the maximum terms authorized | ||||||
15 | under Article 4.5 of Chapter V for the 2 most serious | ||||||
16 | felonies involved, but no such limitation shall apply for | ||||||
17 | offenses that were not committed as part of a single | ||||||
18 | course of conduct during which there was no substantial | ||||||
19 | change in the nature of the criminal objective. When | ||||||
20 | sentenced only for misdemeanors, a defendant shall not be | ||||||
21 | consecutively sentenced to more than the maximum for one | ||||||
22 | Class A misdemeanor.
| ||||||
23 | (g) Consecutive terms; manner served. In determining the | ||||||
24 | manner in which consecutive sentences of imprisonment, one or | ||||||
25 | more of which is for a felony, will be served, the Department | ||||||
26 | of Corrections shall treat the defendant as though he or she |
| |||||||
| |||||||
1 | had been committed for a single term subject to each of the | ||||||
2 | following: | ||||||
3 | (1) The maximum period of a term of imprisonment shall | ||||||
4 | consist of the aggregate
of the maximums of the imposed | ||||||
5 | indeterminate terms, if any, plus the aggregate of the | ||||||
6 | imposed determinate sentences for felonies, plus the | ||||||
7 | aggregate of the imposed determinate sentences for | ||||||
8 | misdemeanors, subject to subsection (f) of this Section. | ||||||
9 | (2) The parole or mandatory supervised release term | ||||||
10 | shall be as provided in
paragraph (e) of Section 5-4.5-50 | ||||||
11 | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||||||
12 | involved. | ||||||
13 | (3) The minimum period of imprisonment shall be the | ||||||
14 | aggregate of the minimum
and determinate periods of | ||||||
15 | imprisonment imposed by the court, subject to subsection | ||||||
16 | (f) of this Section. | ||||||
17 | (4) The defendant shall be awarded credit against the | ||||||
18 | aggregate maximum term
and the aggregate minimum term of | ||||||
19 | imprisonment for all time served in an institution since | ||||||
20 | the commission of the offense or offenses and as a | ||||||
21 | consequence thereof at the rate specified in
Section 3-6-3 | ||||||
22 | (730 ILCS 5/3-6-3).
| ||||||
23 | (h) Notwithstanding any other provisions of this Section, | ||||||
24 | all sentences imposed by an Illinois court under this Code | ||||||
25 | shall run concurrent to any and all sentences imposed under | ||||||
26 | the Juvenile Court Act of 1987.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-350, eff. 8-13-21.)
| ||||||
2 | Section 145. The Cannabis and Controlled Substances Tort | ||||||
3 | Claims Act is amended by changing Section 2 as follows:
| ||||||
4 | (740 ILCS 20/2) (from Ch. 70, par. 902)
| ||||||
5 | Sec. 2. Findings and intent.
| ||||||
6 | (a) The General Assembly finds
that the abuse of cannabis | ||||||
7 | and controlled substances:
| ||||||
8 | (1) greatly increases incidents involving crimes of | ||||||
9 | violence and threats
of crimes of violence;
| ||||||
10 | (2) causes death or severe and often irreversible
| ||||||
11 | injuries to newborn children;
| ||||||
12 | (3) accounts for the commission of the
majority of | ||||||
13 | property crimes committed within this State;
| ||||||
14 | (4) causes motor vehicle crashes and job-related , job | ||||||
15 | related, and numerous other types of
accidents that | ||||||
16 | frequently result in death or permanent injuries;
| ||||||
17 | (5) contributes to the disintegration of the family;
| ||||||
18 | (6) interferes with the duty of parents and legal | ||||||
19 | guardians to provide
for the physical, mental, and | ||||||
20 | emotional well-being of their unemancipated
children and | ||||||
21 | with the rights of parents and legal guardians to raise | ||||||
22 | the
children free from the physical, mental, and emotional | ||||||
23 | trauma that is
caused by the abuse of cannabis and | ||||||
24 | controlled substances;
|
| |||||||
| |||||||
1 | (7) encourages and fosters the growth of
urban gangs | ||||||
2 | engaged in violent and nonviolent crime;
| ||||||
3 | (8) furthers the interests of elements of organized | ||||||
4 | criminals;
| ||||||
5 | (9) increases the dropout, truancy, and failure rates | ||||||
6 | of children
attending schools within this State;
| ||||||
7 | (10) stifles educational opportunities for both drug | ||||||
8 | users and nonusers;
| ||||||
9 | (11) contributes to the unemployment rate within this | ||||||
10 | State;
| ||||||
11 | (12) reduces the productivity of employees, retards | ||||||
12 | competitiveness
within the established business community, | ||||||
13 | and hinders the formation and
growth of new businesses;
| ||||||
14 | (13) reduces the value of real property;
| ||||||
15 | (14) costs the citizens of this State billions of | ||||||
16 | dollars in federal,
State, and local taxes for increased | ||||||
17 | costs for law enforcement, welfare, and education;
| ||||||
18 | (15) costs the citizens of this State billions of | ||||||
19 | dollars in increased
costs for consumer goods and | ||||||
20 | services, insurance premiums, and medical treatment;
| ||||||
21 | (16) hinders citizens from freely using public parks, | ||||||
22 | streets, schools,
forest preserves, playgrounds, and other | ||||||
23 | public areas; and
| ||||||
24 | (17) contributes to a lower quality of life and | ||||||
25 | standard of living for
the citizens of this State.
| ||||||
26 | (b) The General Assembly finds that, in light of the |
| |||||||
| |||||||
1 | findings made
in subsection (a), any violation of the Cannabis | ||||||
2 | Control Act, the Methamphetamine Control and Community | ||||||
3 | Protection Act, or the
Illinois Controlled Substances Act that | ||||||
4 | involves the nonconsensual use of
the real or personal | ||||||
5 | property of another person, whether that person is an
| ||||||
6 | individual or a governmental or private entity representing a | ||||||
7 | collection of
individuals, is so injurious to the property | ||||||
8 | interests and the well-being
of that person that the violation | ||||||
9 | gives rise to a cause of action sounding
in tort. The General | ||||||
10 | Assembly also finds that the delivery of a controlled
| ||||||
11 | substance or cannabis in violation of the Illinois Controlled | ||||||
12 | Substances
Act, the Methamphetamine Control and Community | ||||||
13 | Protection Act, or the Cannabis Control Act to an | ||||||
14 | unemancipated minor under the age of
18 is so injurious to the | ||||||
15 | rights and duties of parents and legal guardians
relating to | ||||||
16 | the physical, mental, and emotional well-being of that minor
| ||||||
17 | that the violation also gives rise to a cause of action | ||||||
18 | sounding in tort.
The General Assembly further finds that | ||||||
19 | although the damage a person
suffers through the nonconsensual | ||||||
20 | use of his property to facilitate such a
violation or the | ||||||
21 | damage a parent or legal guardian suffers as the result of
the | ||||||
22 | delivery to the minor of cannabis or a substance in violation | ||||||
23 | of the
Cannabis Control Act, the Methamphetamine Control and | ||||||
24 | Community Protection Act, or the Illinois Controlled | ||||||
25 | Substances Act is often
subtle and incapable of precise | ||||||
26 | articulation, that damage is nonetheless
real and substantial. |
| |||||||
| |||||||
1 | It is therefore the intent of the General Assembly
to create a | ||||||
2 | cause of action with statutorily prescribed damages for the
| ||||||
3 | conduct described in this Act.
| ||||||
4 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
5 | Section 150. The Crime Victims Compensation Act is amended | ||||||
6 | by changing Section 2 as follows:
| ||||||
7 | (740 ILCS 45/2) (from Ch. 70, par. 72)
| ||||||
8 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
9 | context
otherwise requires:
| ||||||
10 | (a) "Applicant" means any person who applies for | ||||||
11 | compensation under this
Act or any person the Court of Claims | ||||||
12 | or the Attorney General finds is entitled to compensation,
| ||||||
13 | including the guardian of a minor or of a person under legal | ||||||
14 | disability. It
includes any person who was a dependent of a | ||||||
15 | deceased victim of a crime of
violence for his or her support | ||||||
16 | at the time of the death of that victim.
| ||||||
17 | The changes made to this subsection by this amendatory Act | ||||||
18 | of the 101st General Assembly apply to actions commenced or | ||||||
19 | pending on or after January 1, 2022. | ||||||
20 | (b) "Court of Claims" means the Court of Claims created by | ||||||
21 | the Court
of Claims Act.
| ||||||
22 | (c) "Crime of violence" means and includes any offense | ||||||
23 | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | ||||||
24 | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
| |||||||
| |||||||
1 | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | ||||||
2 | 12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, | ||||||
3 | 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | ||||||
4 | 12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, | ||||||
5 | or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | ||||||
6 | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | ||||||
7 | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | ||||||
8 | the Cemetery Protection Act, Section 125 of the Stalking No | ||||||
9 | Contact Order Act, Section 219 of the Civil No Contact Order | ||||||
10 | Act, driving under
the influence as defined in Section
11-501 | ||||||
11 | of the Illinois Vehicle Code, a violation of Section 11-401 of | ||||||
12 | the Illinois Vehicle Code, provided the victim was a | ||||||
13 | pedestrian or was operating a vehicle moved solely by human | ||||||
14 | power or a mobility device at the time of contact, and a | ||||||
15 | violation of Section 11-204.1 of the Illinois Vehicle Code; so | ||||||
16 | long as the offense did not occur
during a civil riot, | ||||||
17 | insurrection or rebellion. "Crime of violence" does not
| ||||||
18 | include any other offense or crash accident involving a motor | ||||||
19 | vehicle except those
vehicle offenses specifically provided | ||||||
20 | for in this paragraph. "Crime of
violence" does include all of | ||||||
21 | the offenses specifically provided for in this
paragraph that | ||||||
22 | occur within this State but are subject to federal | ||||||
23 | jurisdiction
and crimes involving terrorism as defined in 18 | ||||||
24 | U.S.C. 2331.
| ||||||
25 | (d) "Victim" means (1) a person killed or injured in this | ||||||
26 | State as a
result of a crime of violence perpetrated or |
| |||||||
| |||||||
1 | attempted against him or her,
(2) the
spouse, parent, or child | ||||||
2 | of a person killed or injured in this State as a result of a | ||||||
3 | crime of
violence perpetrated or attempted against the person, | ||||||
4 | or anyone living in the household of a person killed or injured | ||||||
5 | in a relationship that is substantially similar to that of a | ||||||
6 | parent, spouse, or child, (3) a person killed
or injured in | ||||||
7 | this State while attempting to assist a person against whom a
| ||||||
8 | crime of violence is being perpetrated or attempted, if that | ||||||
9 | attempt of
assistance would be expected of a reasonable person | ||||||
10 | under the circumstances,
(4) a person killed or injured in | ||||||
11 | this State while assisting a law
enforcement official | ||||||
12 | apprehend a person who has perpetrated a crime of
violence or | ||||||
13 | prevent the perpetration of any such crime if that
assistance | ||||||
14 | was in response to the express request of the law enforcement
| ||||||
15 | official, (5) a person who personally
witnessed a violent | ||||||
16 | crime, (5.05) a person who will be called as a witness by the | ||||||
17 | prosecution to establish a necessary nexus between the | ||||||
18 | offender and the violent crime, (5.1) solely
for the purpose | ||||||
19 | of compensating for pecuniary loss incurred for
psychological | ||||||
20 | treatment of a mental or emotional condition caused or | ||||||
21 | aggravated
by the crime, any other person under the age of 18 | ||||||
22 | who is the brother, sister,
half brother, or half sister
of a | ||||||
23 | person killed or injured in
this State as a
result of a crime | ||||||
24 | of violence, (6) an Illinois resident
who is a victim of a | ||||||
25 | "crime of violence" as defined in this Act except, if
the crime | ||||||
26 | occurred outside this State, the resident has the same rights
|
| |||||||
| |||||||
1 | under this Act as if the crime had occurred in this State upon | ||||||
2 | a showing
that the state, territory, country, or political | ||||||
3 | subdivision of a country
in which the crime occurred does not | ||||||
4 | have a compensation of victims of
crimes law for which that | ||||||
5 | Illinois resident is eligible, (7) a deceased person whose | ||||||
6 | body is dismembered or whose remains are desecrated as the | ||||||
7 | result of a crime of violence, or (8) solely for the purpose of | ||||||
8 | compensating for pecuniary loss incurred for psychological | ||||||
9 | treatment of a mental or emotional condition caused or | ||||||
10 | aggravated by the crime, any parent, spouse, or child under | ||||||
11 | the age of 18 of a deceased person whose body is dismembered or | ||||||
12 | whose remains are desecrated as the result of a crime of | ||||||
13 | violence.
| ||||||
14 | (e) "Dependent" means a relative of a deceased victim who | ||||||
15 | was wholly or
partially dependent upon the victim's income at | ||||||
16 | the time of his or her
death
and shall include the child of a | ||||||
17 | victim born after his or her death.
| ||||||
18 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
19 | stepfather, stepmother,
child, grandchild, brother, | ||||||
20 | brother-in-law, sister, sister-in-law, half
brother, half | ||||||
21 | sister, spouse's parent, nephew, niece, uncle, aunt, or anyone | ||||||
22 | living in the household of a person killed or injured in a | ||||||
23 | relationship that is substantially similar to that of a | ||||||
24 | parent, spouse, or child.
| ||||||
25 | (g) "Child" means a son or daughter and includes a | ||||||
26 | stepchild, an adopted child or a child born out of wedlock.
|
| |||||||
| |||||||
1 | (h) "Pecuniary loss" means, in the case of injury, | ||||||
2 | appropriate medical
expenses and hospital expenses including | ||||||
3 | expenses of medical
examinations, rehabilitation, medically | ||||||
4 | required
nursing care expenses, appropriate
psychiatric care | ||||||
5 | or psychiatric counseling expenses, appropriate expenses for | ||||||
6 | care or
counseling by a licensed clinical psychologist, | ||||||
7 | licensed clinical social
worker, licensed professional | ||||||
8 | counselor, or licensed clinical professional counselor and | ||||||
9 | expenses for treatment by Christian Science practitioners and
| ||||||
10 | nursing care appropriate thereto; transportation expenses to | ||||||
11 | and from medical and counseling treatment facilities; | ||||||
12 | prosthetic appliances, eyeglasses, and
hearing aids necessary | ||||||
13 | or damaged as a result of the
crime; costs associated with | ||||||
14 | trafficking tattoo removal by a person authorized or licensed | ||||||
15 | to perform the specific removal procedure; replacement costs | ||||||
16 | for clothing and bedding used as evidence; costs
associated | ||||||
17 | with temporary lodging or relocation necessary as a
result of | ||||||
18 | the crime, including, but not limited to, the first month's | ||||||
19 | rent and security deposit of the dwelling that the claimant | ||||||
20 | relocated to and other reasonable relocation expenses incurred | ||||||
21 | as a result of the violent crime;
locks or windows necessary or | ||||||
22 | damaged as a result of the crime; the purchase,
lease, or | ||||||
23 | rental of equipment necessary to create usability of and
| ||||||
24 | accessibility to the victim's real and personal property, or | ||||||
25 | the real and
personal property which is used by the victim, | ||||||
26 | necessary as a result of the
crime; the costs of appropriate |
| |||||||
| |||||||
1 | crime scene clean-up;
replacement
services loss, to a maximum | ||||||
2 | of $1,250 per month;
dependents replacement
services loss, to | ||||||
3 | a maximum of $1,250 per month; loss of tuition paid to
attend | ||||||
4 | grammar school or high school when the victim had been | ||||||
5 | enrolled as a
student prior to the injury, or college or | ||||||
6 | graduate school when
the victim had been enrolled as a day or | ||||||
7 | night student prior to
the injury when the victim becomes | ||||||
8 | unable to continue attendance at school
as a result of the | ||||||
9 | crime of violence perpetrated against him or her; loss
of
| ||||||
10 | earnings, loss of future earnings because of disability | ||||||
11 | resulting from the
injury, and, in addition, in the case of | ||||||
12 | death, expenses for funeral, burial, and travel and transport | ||||||
13 | for survivors
of homicide victims to secure bodies of deceased | ||||||
14 | victims and to transport
bodies for burial all of which
may be | ||||||
15 | awarded up to a maximum of $10,000 and loss of support of the | ||||||
16 | dependents of
the victim; in the case of dismemberment or | ||||||
17 | desecration of a body, expenses for funeral and burial, all of | ||||||
18 | which may be awarded up to a maximum of $10,000.
Loss of future | ||||||
19 | earnings shall be reduced by any income from substitute work
| ||||||
20 | actually performed by the victim or by income he or she would | ||||||
21 | have earned
in
available appropriate substitute work he or she | ||||||
22 | was capable of performing
but
unreasonably failed to | ||||||
23 | undertake. Loss of earnings, loss of future
earnings and loss | ||||||
24 | of support shall be determined on the basis of the
victim's | ||||||
25 | average net monthly earnings for the 6 months immediately
| ||||||
26 | preceding the date of the injury or on $2,400 per month, |
| |||||||
| |||||||
1 | whichever is less or, in cases where the absences commenced | ||||||
2 | more than 3 years from the date of the crime, on the basis of | ||||||
3 | the net monthly earnings for the 6 months immediately | ||||||
4 | preceding the date of the first absence, not to exceed $2,400 | ||||||
5 | per month.
If a divorced or legally separated applicant is | ||||||
6 | claiming loss of support
for a minor child of the deceased, the | ||||||
7 | amount of support for each child
shall be based either on the | ||||||
8 | amount of support
pursuant to the judgment prior to the date of | ||||||
9 | the deceased
victim's injury or death, or, if the subject of | ||||||
10 | pending litigation filed by
or on behalf of the divorced or | ||||||
11 | legally separated applicant prior to the
injury or death, on | ||||||
12 | the result of that litigation. Real and personal
property | ||||||
13 | includes, but is not limited to, vehicles, houses, apartments,
| ||||||
14 | town houses, or condominiums. Pecuniary loss does not
include | ||||||
15 | pain and suffering or property loss or damage.
| ||||||
16 | The changes made to this subsection by this amendatory Act | ||||||
17 | of the 101st General Assembly apply to actions commenced or | ||||||
18 | pending on or after January 1, 2022. | ||||||
19 | (i) "Replacement services loss" means expenses reasonably | ||||||
20 | incurred in
obtaining ordinary and necessary services in lieu | ||||||
21 | of those the
injured person would have performed, not for | ||||||
22 | income, but for the benefit
of himself or herself or his or her | ||||||
23 | family, if he or she had not
been injured.
| ||||||
24 | (j) "Dependents replacement services loss" means loss | ||||||
25 | reasonably incurred
by dependents or private legal guardians | ||||||
26 | of minor dependents after a victim's death in obtaining |
| |||||||
| |||||||
1 | ordinary and necessary
services in lieu of those the victim | ||||||
2 | would have performed, not for income,
but for their benefit, | ||||||
3 | if he or she had not been fatally injured.
| ||||||
4 | (k) "Survivor" means immediate family including a parent, | ||||||
5 | stepfather, stepmother, child,
brother, sister, or spouse.
| ||||||
6 | (l) "Parent" means a natural parent, adopted parent, | ||||||
7 | stepparent, or permanent legal guardian of another person. | ||||||
8 | (m) "Trafficking tattoo" is a tattoo which is applied to a | ||||||
9 | victim in connection with the commission of a violation of | ||||||
10 | Section 10-9 of the Criminal Code of 2012. | ||||||
11 | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21; | ||||||
12 | 102-27, eff. 6-25-21.)
| ||||||
13 | Section 155. The Automotive Collision Repair Act is | ||||||
14 | amended by changing Sections 10 and 30 as follows:
| ||||||
15 | (815 ILCS 308/10)
| ||||||
16 | Sec. 10. Definitions. As used in this Act:
| ||||||
17 | "Automotive collision and body repair" means all repairs | ||||||
18 | that are commonly
performed by a
body repair technician to | ||||||
19 | restore a motor vehicle damaged in a crash an accident or
| ||||||
20 | collision to a
condition
similar to
the motor vehicle | ||||||
21 | condition
prior to the damage or deterioration including, but | ||||||
22 | not limited to, the
diagnosis,
installation, exchange,
repair, | ||||||
23 | or refinishing of exterior body panels, trim, lighting, and
| ||||||
24 | structural chassis.
The term does not include commercial fleet |
| |||||||
| |||||||
1 | repair or
maintenance
transactions involving 2 or more motor | ||||||
2 | vehicles or ongoing service or
maintenance
contracts involving
| ||||||
3 | motor vehicles used primarily for business purposes.
| ||||||
4 | "Automotive collision and body repair facility" means a | ||||||
5 | person, firm,
association, or
corporation that for | ||||||
6 | compensation engages in the business of cosmetic repair,
| ||||||
7 | structural
repair, or refinishing of motor vehicles with | ||||||
8 | defect related to crash accident or
collision.
| ||||||
9 | "New part" means a part or component manufactured or | ||||||
10 | supplied by the original
motor vehicle
manufacturer in an | ||||||
11 | unused condition.
| ||||||
12 | "Used part" means an original motor vehicle manufacturer | ||||||
13 | part or component
removed from
a motor vehicle of similar | ||||||
14 | make, model, and condition without the benefit of
being
| ||||||
15 | rebuilt or
remanufactured.
| ||||||
16 | "Rebuilt part" or "reconditioned part" means a used part | ||||||
17 | that has been
inspected and
remanufactured to restore | ||||||
18 | functionality and performance.
| ||||||
19 | "Aftermarket part" means a new part that is not | ||||||
20 | manufactured or supplied by
the original
motor vehicle | ||||||
21 | manufacturer for addition to, or replacement of, exterior body
| ||||||
22 | panel
or trim.
| ||||||
23 | (Source: P.A. 93-565, eff. 1-1-04.)
| ||||||
24 | (815 ILCS 308/30)
| ||||||
25 | Sec. 30. Consumers authorizations of repairs or other |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | actions. After
receiving the
estimate, the owner or the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | owner's agent may (i) authorize the repairs at the
estimate of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | cost and
time in writing, or (ii) request the return of the
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | motor vehicle in a
disassembled state. If the consumer elects | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | the
return of the motor
vehicle in a disassembled or partially | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | repaired state, the consumer may also
request the return of
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | all parts that were removed during disassembly or repair with | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | the exception of
parts that were
damaged in a crash an accident | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | or collision to the extent that retention by the
collision | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | repair
facility was not
feasible. The collision repair | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | facility shall make the motor vehicle
available for possession | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | within 3 working days after the time of
request.
The collision | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | repair facility may receive payment for only those items on | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | the
schedule of charges to which the facility is entitled.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | (Source: P.A. 93-565, eff. 1-1-04.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | Section 995. No acceleration or delay. Where this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | makes changes in a statute that is represented in this Act by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | text that is not yet or no longer in effect (for example, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Section represented by multiple versions), the use of that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | text does not accelerate or delay the taking effect of (i) the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | changes made by this Act or (ii) provisions derived from any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | other Public Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | Section 999. Effective date. This Act takes effect July 1, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | 2023.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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