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1 | | (a) Information specifically prohibited from |
2 | | disclosure by federal or
State law or rules and |
3 | | regulations implementing federal or State law.
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4 | | (b) Private information, unless disclosure is required |
5 | | by another provision of this Act, a State or federal law or |
6 | | a court order. |
7 | | (b-5) Files, documents, and other data or databases |
8 | | maintained by one or more law enforcement agencies and |
9 | | specifically designed to provide information to one or |
10 | | more law enforcement agencies regarding the physical or |
11 | | mental status of one or more individual subjects. |
12 | | (c) Personal information contained within public |
13 | | records, the disclosure of which would constitute a |
14 | | clearly
unwarranted invasion of personal privacy, unless |
15 | | the disclosure is
consented to in writing by the |
16 | | individual subjects of the information. "Unwarranted |
17 | | invasion of personal privacy" means the disclosure of |
18 | | information that is highly personal or objectionable to a |
19 | | reasonable person and in which the subject's right to |
20 | | privacy outweighs any legitimate public interest in |
21 | | obtaining the information. The
disclosure of information |
22 | | that bears on the public duties of public
employees and |
23 | | officials shall not be considered an invasion of personal
|
24 | | privacy.
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25 | | (d) Records in the possession of any public body |
26 | | created in the course of administrative enforcement
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1 | | proceedings, and any law enforcement or correctional |
2 | | agency for
law enforcement purposes,
but only to the |
3 | | extent that disclosure would:
|
4 | | (i) interfere with pending or actually and |
5 | | reasonably contemplated
law enforcement proceedings |
6 | | conducted by any law enforcement or correctional
|
7 | | agency that is the recipient of the request;
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8 | | (ii) interfere with active administrative |
9 | | enforcement proceedings
conducted by the public body |
10 | | that is the recipient of the request;
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11 | | (iii) create a substantial likelihood that a |
12 | | person will be deprived of a fair trial or an impartial |
13 | | hearing;
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14 | | (iv) unavoidably disclose the identity of a |
15 | | confidential source, confidential information |
16 | | furnished only by the confidential source, or persons |
17 | | who file complaints with or provide information to |
18 | | administrative, investigative, law enforcement, or |
19 | | penal agencies; except that the identities of |
20 | | witnesses to traffic crashes accidents , traffic crash |
21 | | accident reports, and rescue reports shall be provided |
22 | | by agencies of local government, except when |
23 | | disclosure would interfere with an active criminal |
24 | | investigation conducted by the agency that is the |
25 | | recipient of the request;
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26 | | (v) disclose unique or specialized investigative |
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1 | | techniques other than
those generally used and known |
2 | | or disclose internal documents of
correctional |
3 | | agencies related to detection, observation or |
4 | | investigation of
incidents of crime or misconduct, and |
5 | | disclosure would result in demonstrable harm to the |
6 | | agency or public body that is the recipient of the |
7 | | request;
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8 | | (vi) endanger the life or physical safety of law |
9 | | enforcement personnel
or any other person; or
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10 | | (vii) obstruct an ongoing criminal investigation |
11 | | by the agency that is the recipient of the request.
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12 | | (d-5) A law enforcement record created for law |
13 | | enforcement purposes and contained in a shared electronic |
14 | | record management system if the law enforcement agency |
15 | | that is the recipient of the request did not create the |
16 | | record, did not participate in or have a role in any of the |
17 | | events which are the subject of the record, and only has |
18 | | access to the record through the shared electronic record |
19 | | management system. |
20 | | (d-6) Records contained in the Officer Professional |
21 | | Conduct Database under Section 9.2 9.4 of the Illinois |
22 | | Police Training Act, except to the extent authorized under |
23 | | that Section. This includes the documents supplied to the |
24 | | Illinois Law Enforcement Training Standards Board from the |
25 | | Illinois State Police and Illinois State Police Merit |
26 | | Board. |
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1 | | (e) Records that relate to or affect the security of |
2 | | correctional
institutions and detention facilities.
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3 | | (e-5) Records requested by persons committed to the |
4 | | Department of Corrections, Department of Human Services |
5 | | Division of Mental Health, or a county jail if those |
6 | | materials are available in the library of the correctional |
7 | | institution or facility or jail where the inmate is |
8 | | confined. |
9 | | (e-6) Records requested by persons committed to the |
10 | | Department of Corrections, Department of Human Services |
11 | | Division of Mental Health, or a county jail if those |
12 | | materials include records from staff members' personnel |
13 | | files, staff rosters, or other staffing assignment |
14 | | information. |
15 | | (e-7) Records requested by persons committed to the |
16 | | Department of Corrections or Department of Human Services |
17 | | Division of Mental Health if those materials are available |
18 | | through an administrative request to the Department of |
19 | | Corrections or Department of Human Services Division of |
20 | | Mental Health. |
21 | | (e-8) Records requested by a person committed to the |
22 | | Department of Corrections, Department of Human Services |
23 | | Division of Mental Health, or a county jail, the |
24 | | disclosure of which would result in the risk of harm to any |
25 | | person or the risk of an escape from a jail or correctional |
26 | | institution or facility. |
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1 | | (e-9) Records requested by a person in a county jail |
2 | | or committed to the Department of Corrections or |
3 | | Department of Human Services Division of Mental Health, |
4 | | containing personal information pertaining to the person's |
5 | | victim or the victim's family, including, but not limited |
6 | | to, a victim's home address, home telephone number, work |
7 | | or school address, work telephone number, social security |
8 | | number, or any other identifying information, except as |
9 | | may be relevant to a requester's current or potential case |
10 | | or claim. |
11 | | (e-10) Law enforcement records of other persons |
12 | | requested by a person committed to the Department of |
13 | | Corrections, Department of Human Services Division of |
14 | | Mental Health, or a county jail, including, but not |
15 | | limited to, arrest and booking records, mug shots, and |
16 | | crime scene photographs, except as these records may be |
17 | | relevant to the requester's current or potential case or |
18 | | claim. |
19 | | (f) Preliminary drafts, notes, recommendations, |
20 | | memoranda and other
records in which opinions are |
21 | | expressed, or policies or actions are
formulated, except |
22 | | that a specific record or relevant portion of a
record |
23 | | shall not be exempt when the record is publicly cited
and |
24 | | identified by the head of the public body. The exemption |
25 | | provided in
this paragraph (f) extends to all those |
26 | | records of officers and agencies
of the General Assembly |
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1 | | that pertain to the preparation of legislative
documents.
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2 | | (g) Trade secrets and commercial or financial |
3 | | information obtained from
a person or business where the |
4 | | trade secrets or commercial or financial information are |
5 | | furnished under a claim that they are
proprietary, |
6 | | privileged, or confidential, and that disclosure of the |
7 | | trade
secrets or commercial or financial information would |
8 | | cause competitive harm to the person or business, and only |
9 | | insofar as the claim directly applies to the records |
10 | | requested. |
11 | | The information included under this exemption includes |
12 | | all trade secrets and commercial or financial information |
13 | | obtained by a public body, including a public pension |
14 | | fund, from a private equity fund or a privately held |
15 | | company within the investment portfolio of a private |
16 | | equity fund as a result of either investing or evaluating |
17 | | a potential investment of public funds in a private equity |
18 | | fund. The exemption contained in this item does not apply |
19 | | to the aggregate financial performance information of a |
20 | | private equity fund, nor to the identity of the fund's |
21 | | managers or general partners. The exemption contained in |
22 | | this item does not apply to the identity of a privately |
23 | | held company within the investment portfolio of a private |
24 | | equity fund, unless the disclosure of the identity of a |
25 | | privately held company may cause competitive harm. |
26 | | Nothing contained in this
paragraph (g) shall be |
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1 | | construed to prevent a person or business from
consenting |
2 | | to disclosure.
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3 | | (h) Proposals and bids for any contract, grant, or |
4 | | agreement, including
information which if it were |
5 | | disclosed would frustrate procurement or give
an advantage |
6 | | to any person proposing to enter into a contractor |
7 | | agreement
with the body, until an award or final selection |
8 | | is made. Information
prepared by or for the body in |
9 | | preparation of a bid solicitation shall be
exempt until an |
10 | | award or final selection is made.
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11 | | (i) Valuable formulae,
computer geographic systems,
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12 | | designs, drawings and research data obtained or
produced |
13 | | by any public body when disclosure could reasonably be |
14 | | expected to
produce private gain or public loss.
The |
15 | | exemption for "computer geographic systems" provided in |
16 | | this paragraph
(i) does not extend to requests made by |
17 | | news media as defined in Section 2 of
this Act when the |
18 | | requested information is not otherwise exempt and the only
|
19 | | purpose of the request is to access and disseminate |
20 | | information regarding the
health, safety, welfare, or |
21 | | legal rights of the general public.
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22 | | (j) The following information pertaining to |
23 | | educational matters: |
24 | | (i) test questions, scoring keys and other |
25 | | examination data used to
administer an academic |
26 | | examination;
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1 | | (ii) information received by a primary or |
2 | | secondary school, college, or university under its |
3 | | procedures for the evaluation of faculty members by |
4 | | their academic peers; |
5 | | (iii) information concerning a school or |
6 | | university's adjudication of student disciplinary |
7 | | cases, but only to the extent that disclosure would |
8 | | unavoidably reveal the identity of the student; and |
9 | | (iv) course materials or research materials used |
10 | | by faculty members. |
11 | | (k) Architects' plans, engineers' technical |
12 | | submissions, and
other
construction related technical |
13 | | documents for
projects not constructed or developed in |
14 | | whole or in part with public funds
and the same for |
15 | | projects constructed or developed with public funds, |
16 | | including, but not limited to, power generating and |
17 | | distribution stations and other transmission and |
18 | | distribution facilities, water treatment facilities, |
19 | | airport facilities, sport stadiums, convention centers, |
20 | | and all government owned, operated, or occupied buildings, |
21 | | but
only to the extent
that disclosure would compromise |
22 | | security.
|
23 | | (l) Minutes of meetings of public bodies closed to the
|
24 | | public as provided in the Open Meetings Act until the |
25 | | public body
makes the minutes available to the public |
26 | | under Section 2.06 of the Open
Meetings Act.
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1 | | (m) Communications between a public body and an |
2 | | attorney or auditor
representing the public body that |
3 | | would not be subject to discovery in
litigation, and |
4 | | materials prepared or compiled by or for a public body in
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5 | | anticipation of a criminal, civil, or administrative |
6 | | proceeding upon the
request of an attorney advising the |
7 | | public body, and materials prepared or
compiled with |
8 | | respect to internal audits of public bodies.
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9 | | (n) Records relating to a public body's adjudication |
10 | | of employee grievances or disciplinary cases; however, |
11 | | this exemption shall not extend to the final outcome of |
12 | | cases in which discipline is imposed.
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13 | | (o) Administrative or technical information associated |
14 | | with automated
data processing operations, including, but |
15 | | not limited to, software,
operating protocols, computer |
16 | | program abstracts, file layouts, source
listings, object |
17 | | modules, load modules, user guides, documentation
|
18 | | pertaining to all logical and physical design of |
19 | | computerized systems,
employee manuals, and any other |
20 | | information that, if disclosed, would
jeopardize the |
21 | | security of the system or its data or the security of
|
22 | | materials exempt under this Section.
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23 | | (p) Records relating to collective negotiating matters
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24 | | between public bodies and their employees or |
25 | | representatives, except that
any final contract or |
26 | | agreement shall be subject to inspection and copying.
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1 | | (q) Test questions, scoring keys, and other |
2 | | examination data used to determine the qualifications of |
3 | | an applicant for a license or employment.
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4 | | (r) The records, documents, and information relating |
5 | | to real estate
purchase negotiations until those |
6 | | negotiations have been completed or
otherwise terminated. |
7 | | With regard to a parcel involved in a pending or
actually |
8 | | and reasonably contemplated eminent domain proceeding |
9 | | under the Eminent Domain Act, records, documents, and
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10 | | information relating to that parcel shall be exempt except |
11 | | as may be
allowed under discovery rules adopted by the |
12 | | Illinois Supreme Court. The
records, documents, and |
13 | | information relating to a real estate sale shall be
exempt |
14 | | until a sale is consummated.
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15 | | (s) Any and all proprietary information and records |
16 | | related to the
operation of an intergovernmental risk |
17 | | management association or
self-insurance pool or jointly |
18 | | self-administered health and accident
cooperative or pool.
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19 | | Insurance or self insurance (including any |
20 | | intergovernmental risk management association or self |
21 | | insurance pool) claims, loss or risk management |
22 | | information, records, data, advice or communications.
|
23 | | (t) Information contained in or related to |
24 | | examination, operating, or
condition reports prepared by, |
25 | | on behalf of, or for the use of a public
body responsible |
26 | | for the regulation or supervision of financial
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1 | | institutions, insurance companies, or pharmacy benefit |
2 | | managers, unless disclosure is otherwise
required by State |
3 | | law.
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4 | | (u) Information that would disclose
or might lead to |
5 | | the disclosure of
secret or confidential information, |
6 | | codes, algorithms, programs, or private
keys intended to |
7 | | be used to create electronic signatures under the Uniform |
8 | | Electronic Transactions Act.
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9 | | (v) Vulnerability assessments, security measures, and |
10 | | response policies
or plans that are designed to identify, |
11 | | prevent, or respond to potential
attacks upon a |
12 | | community's population or systems, facilities, or |
13 | | installations,
the destruction or contamination of which |
14 | | would constitute a clear and present
danger to the health |
15 | | or safety of the community, but only to the extent that
|
16 | | disclosure could reasonably be expected to jeopardize the |
17 | | effectiveness of the
measures or the safety of the |
18 | | personnel who implement them or the public.
Information |
19 | | exempt under this item may include such things as details
|
20 | | pertaining to the mobilization or deployment of personnel |
21 | | or equipment, to the
operation of communication systems or |
22 | | protocols, or to tactical operations.
|
23 | | (w) (Blank). |
24 | | (x) Maps and other records regarding the location or |
25 | | security of generation, transmission, distribution, |
26 | | storage, gathering,
treatment, or switching facilities |
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1 | | owned by a utility, by a power generator, or by the |
2 | | Illinois Power Agency.
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3 | | (y) Information contained in or related to proposals, |
4 | | bids, or negotiations related to electric power |
5 | | procurement under Section 1-75 of the Illinois Power |
6 | | Agency Act and Section 16-111.5 of the Public Utilities |
7 | | Act that is determined to be confidential and proprietary |
8 | | by the Illinois Power Agency or by the Illinois Commerce |
9 | | Commission.
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10 | | (z) Information about students exempted from |
11 | | disclosure under Sections 10-20.38 or 34-18.29 of the |
12 | | School Code, and information about undergraduate students |
13 | | enrolled at an institution of higher education exempted |
14 | | from disclosure under Section 25 of the Illinois Credit |
15 | | Card Marketing Act of 2009. |
16 | | (aa) Information the disclosure of which is
exempted |
17 | | under the Viatical Settlements Act of 2009.
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18 | | (bb) Records and information provided to a mortality |
19 | | review team and records maintained by a mortality review |
20 | | team appointed under the Department of Juvenile Justice |
21 | | Mortality Review Team Act. |
22 | | (cc) Information regarding interments, entombments, or |
23 | | inurnments of human remains that are submitted to the |
24 | | Cemetery Oversight Database under the Cemetery Care Act or |
25 | | the Cemetery Oversight Act, whichever is applicable. |
26 | | (dd) Correspondence and records (i) that may not be |
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1 | | disclosed under Section 11-9 of the Illinois Public Aid |
2 | | Code or (ii) that pertain to appeals under Section 11-8 of |
3 | | the Illinois Public Aid Code. |
4 | | (ee) The names, addresses, or other personal |
5 | | information of persons who are minors and are also |
6 | | participants and registrants in programs of park |
7 | | districts, forest preserve districts, conservation |
8 | | districts, recreation agencies, and special recreation |
9 | | associations. |
10 | | (ff) The names, addresses, or other personal |
11 | | information of participants and registrants in programs of |
12 | | park districts, forest preserve districts, conservation |
13 | | districts, recreation agencies, and special recreation |
14 | | associations where such programs are targeted primarily to |
15 | | minors. |
16 | | (gg) Confidential information described in Section |
17 | | 1-100 of the Illinois Independent Tax Tribunal Act of |
18 | | 2012. |
19 | | (hh) The report submitted to the State Board of |
20 | | Education by the School Security and Standards Task Force |
21 | | under item (8) of subsection (d) of Section 2-3.160 of the |
22 | | School Code and any information contained in that report. |
23 | | (ii) Records requested by persons committed to or |
24 | | detained by the Department of Human Services under the |
25 | | Sexually Violent Persons Commitment Act or committed to |
26 | | the Department of Corrections under the Sexually Dangerous |
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1 | | Persons Act if those materials: (i) are available in the |
2 | | library of the facility where the individual is confined; |
3 | | (ii) include records from staff members' personnel files, |
4 | | staff rosters, or other staffing assignment information; |
5 | | or (iii) are available through an administrative request |
6 | | to the Department of Human Services or the Department of |
7 | | Corrections. |
8 | | (jj) Confidential information described in Section |
9 | | 5-535 of the Civil Administrative Code of Illinois. |
10 | | (kk) The public body's credit card numbers, debit card |
11 | | numbers, bank account numbers, Federal Employer |
12 | | Identification Number, security code numbers, passwords, |
13 | | and similar account information, the disclosure of which |
14 | | could result in identity theft or impression or defrauding |
15 | | of a governmental entity or a person. |
16 | | (ll) Records concerning the work of the threat |
17 | | assessment team of a school district. |
18 | | (1.5) Any information exempt from disclosure under the |
19 | | Judicial Privacy Act shall be redacted from public records |
20 | | prior to disclosure under this Act. |
21 | | (2) A public record that is not in the possession of a |
22 | | public body but is in the possession of a party with whom the |
23 | | agency has contracted to perform a governmental function on |
24 | | behalf of the public body, and that directly relates to the |
25 | | governmental function and is not otherwise exempt under this |
26 | | Act, shall be considered a public record of the public body, |
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1 | | for purposes of this Act. |
2 | | (3) This Section does not authorize withholding of |
3 | | information or limit the
availability of records to the |
4 | | public, except as stated in this Section or
otherwise provided |
5 | | in this Act.
|
6 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; |
7 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. |
8 | | 6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
|
9 | | Section 10. The State Employee Indemnification Act is |
10 | | amended by changing Section 2 as follows:
|
11 | | (5 ILCS 350/2) (from Ch. 127, par. 1302)
|
12 | | Sec. 2. Representation and indemnification of State |
13 | | employees.
|
14 | | (a) In the event that any civil proceeding is commenced |
15 | | against any
State employee arising out of any act
or omission |
16 | | occurring within the scope of the employee's State employment,
|
17 | | the Attorney General shall, upon timely and appropriate notice |
18 | | to him by
such employee, appear on behalf of such employee and |
19 | | defend
the action. In the event that any civil proceeding
is |
20 | | commenced against any physician who is an employee of the |
21 | | Department
of Corrections or the Department of Human Services |
22 | | (in a position relating to
the Department's mental health and |
23 | | developmental disabilities functions)
alleging death or bodily |
24 | | injury or other injury to the person
of the complainant |
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1 | | resulting from and arising out of any act or omission
|
2 | | occurring on or after December 3, 1977 within the scope of the |
3 | | employee's
State employment, or against any physician who is |
4 | | an employee of the
Department of Veterans' Affairs alleging |
5 | | death or bodily injury or other
injury to the person of the |
6 | | complainant resulting from and arising out of
any act or |
7 | | omission occurring on or after the effective date of this
|
8 | | amendatory Act of 1988 within the scope of the employee's |
9 | | State
employment, or in the event that any civil proceeding is |
10 | | commenced
against any attorney who is an employee of the State |
11 | | Appellate Defender
alleging legal malpractice or for other |
12 | | damages resulting from and arising
out of any legal act or |
13 | | omission occurring on or after December 3, 1977,
within the |
14 | | scope of the employee's State employment,
or in the event that |
15 | | any civil proceeding is commenced against any
individual or |
16 | | organization who contracts with the Department of Labor to
|
17 | | provide services as a carnival and amusement ride safety |
18 | | inspector alleging
malpractice, death or bodily injury or |
19 | | other injury to the person arising
out of any act or omission |
20 | | occurring on or after May 1, 1985, within the
scope of that |
21 | | employee's State employment, the Attorney General shall, upon
|
22 | | timely and appropriate notice to him by such employee, appear |
23 | | on behalf of
such employee and defend the action. Any such |
24 | | notice shall be in
writing, shall be mailed within 15 days |
25 | | after the date of receipt by the
employee of service of |
26 | | process, and shall authorize the Attorney General
to represent |
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1 | | and defend the employee in the proceeding. The giving of
this |
2 | | notice to the Attorney General shall constitute an agreement |
3 | | by the
State employee to cooperate with the Attorney General |
4 | | in his defense of
the action and a consent that the Attorney |
5 | | General shall conduct the
defense as he deems advisable and in |
6 | | the best interests of the employee,
including settlement in |
7 | | the Attorney General's discretion. In any such
proceeding, the |
8 | | State shall pay the court costs and litigation expenses
of |
9 | | defending such action, to the extent approved by the Attorney |
10 | | General
as reasonable, as they are incurred.
|
11 | | (b) In the event that the Attorney General determines that |
12 | | so
appearing and defending an employee either (1) involves an |
13 | | actual or
potential conflict of interest, or (2) that the act |
14 | | or omission which
gave rise to the claim was not within the |
15 | | scope of the employee's State
employment or was intentional, |
16 | | wilful or wanton misconduct, the Attorney
General shall |
17 | | decline in writing to appear or defend or shall promptly
take |
18 | | appropriate action to withdraw as attorney for such employee. |
19 | | Upon
receipt of such declination or upon such withdrawal by |
20 | | the Attorney
General on the basis of an actual or potential |
21 | | conflict of interest, the
State employee may employ his own |
22 | | attorney to appear and defend, in
which event the State shall |
23 | | pay the employee's court costs, litigation
expenses and |
24 | | attorneys' fees to the extent approved by the Attorney
General |
25 | | as reasonable, as they are incurred. In the event that the
|
26 | | Attorney General declines to appear or withdraws on the |
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1 | | grounds that the
act or omission was not within the scope of |
2 | | employment, or was
intentional, wilful or wanton misconduct, |
3 | | and a court or jury finds that
the act or omission of the State |
4 | | employee was within the scope of
employment and was not |
5 | | intentional, wilful or wanton misconduct, the
State shall |
6 | | indemnify the State employee for any damages awarded and
court |
7 | | costs and attorneys' fees assessed as part of any final and
|
8 | | unreversed judgment. In such event the State shall also pay |
9 | | the
employee's court costs, litigation expenses and attorneys' |
10 | | fees to the
extent approved by the Attorney General as |
11 | | reasonable.
|
12 | | In the event that the defendant in the proceeding is an |
13 | | elected State
official, including members of the General |
14 | | Assembly, the elected State
official may retain his or her |
15 | | attorney, provided that said attorney
shall be reasonably |
16 | | acceptable to the Attorney General. In such case
the State |
17 | | shall pay the elected State official's court costs, litigation
|
18 | | expenses, and attorneys' fees, to the extent approved by the |
19 | | Attorney
General as reasonable, as they are incurred.
|
20 | | (b-5) The Attorney General may file a counterclaim on |
21 | | behalf of a State
employee, provided:
|
22 | | (1) the Attorney General determines that the State |
23 | | employee is entitled to
representation in a civil action |
24 | | under this Section;
|
25 | | (2) the counterclaim arises out of any act or omission |
26 | | occurring within
the scope of the employee's State |
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1 | | employment that is the subject of the civil
action; and
|
2 | | (3) the employee agrees in writing that if judgment is |
3 | | entered in favor of
the employee, the amount of the |
4 | | judgment shall be applied to offset any
judgment that may |
5 | | be entered in favor of the plaintiff, and then to |
6 | | reimburse
the State treasury for court costs and |
7 | | litigation expenses required to pursue
the counterclaim. |
8 | | The balance of the collected judgment shall be paid to the
|
9 | | State employee.
|
10 | | (c) Notwithstanding any other provision of this Section,
|
11 | | representation and indemnification of a judge under this Act |
12 | | shall also be
provided in any case where the plaintiff seeks |
13 | | damages or any equitable
relief as a result of any decision, |
14 | | ruling or order of a judge made in the
course of his or her |
15 | | judicial or administrative duties, without regard to
the |
16 | | theory of recovery employed by the plaintiff. Indemnification |
17 | | shall be
for all damages awarded and all court costs, attorney |
18 | | fees and litigation
expenses assessed against the judge. When |
19 | | a judge has been convicted of a
crime as a result of his or her |
20 | | intentional judicial misconduct in a trial,
that judge shall |
21 | | not be entitled to indemnification and representation
under |
22 | | this subsection in any case maintained by a party who seeks |
23 | | damages
or other equitable relief as a direct result of
the |
24 | | judge's intentional judicial misconduct.
|
25 | | (d) In any such proceeding where notice in accordance with |
26 | | this Section
has been given to the Attorney
General, unless |
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1 | | the court or jury finds that the
conduct or inaction which gave |
2 | | rise to the claim or cause of action was
intentional, wilful or |
3 | | wanton misconduct and was not intended to serve
or benefit |
4 | | interests of the State, the State shall indemnify the State
|
5 | | employee for any damages awarded and court costs and |
6 | | attorneys' fees
assessed as part of any final and unreversed |
7 | | judgment, or shall pay such
judgment. Unless the
Attorney |
8 | | General determines that the conduct or inaction which gave |
9 | | rise
to the claim or cause of action was intentional, wilful or |
10 | | wanton
misconduct and was not intended to serve or benefit |
11 | | interests of the
State, the case may be settled, in the |
12 | | Attorney General's discretion and
with the employee's consent,
|
13 | | and the State shall indemnify the employee for any damages, |
14 | | court costs
and attorneys' fees agreed to as part of the |
15 | | settlement, or shall pay
such settlement. Where the
employee |
16 | | is represented by private counsel, any settlement must be so
|
17 | | approved by the Attorney General and the court having |
18 | | jurisdiction,
which shall obligate the State to indemnify the |
19 | | employee.
|
20 | | (e) (i) Court costs and litigation expenses and other |
21 | | costs of providing a
defense or counterclaim, including |
22 | | attorneys' fees obligated under this
Section, shall be paid |
23 | | from the State Treasury on the warrant of the
Comptroller out |
24 | | of appropriations made to the Department of Central Management
|
25 | | Services specifically designed for the payment of costs, fees |
26 | | and expenses
covered by this Section.
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1 | | (ii) Upon entry of a final judgment against the employee, |
2 | | or upon the
settlement of the claim, the employee shall cause |
3 | | to be served a copy of
such judgment or settlement, personally |
4 | | or by certified or registered mail
within thirty days of the |
5 | | date of entry or settlement, upon the chief
administrative |
6 | | officer of the department, office or agency in which he is
|
7 | | employed. If not inconsistent with the provisions of this |
8 | | Section, such
judgment or settlement shall be certified for |
9 | | payment by such chief
administrative officer and by the |
10 | | Attorney General. The judgment or
settlement shall be paid |
11 | | from the State Treasury on the warrant of the
Comptroller out |
12 | | of appropriations made to the Department of Central
Management |
13 | | Services specifically designed for the payment of claims |
14 | | covered
by this Section.
|
15 | | (f) Nothing contained or implied in this Section shall
|
16 | | operate, or be construed or applied, to deprive the State, or |
17 | | any employee
thereof, of any defense heretofore available.
|
18 | | (g) This Section shall apply regardless of whether the
|
19 | | employee is sued in his or her individual or official |
20 | | capacity.
|
21 | | (h) This Section shall not apply to claims for bodily |
22 | | injury or
damage to property arising from motor vehicle |
23 | | crashes accidents .
|
24 | | (i) This Section shall apply to all proceedings filed on |
25 | | or
after its effective date, and to any proceeding pending on |
26 | | its effective
date, if the State employee gives notice to the |
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1 | | Attorney General as
provided in this Section within 30 days of |
2 | | the Act's effective date.
|
3 | | (j) The amendatory changes made to this Section by this |
4 | | amendatory Act of
1986 shall apply to all proceedings filed on |
5 | | or after the effective date of
this amendatory Act of 1986 and |
6 | | to any proceeding pending on its effective
date, if the State |
7 | | employee gives notice to the Attorney General as provided
in |
8 | | this Section within 30 days of the effective date of this |
9 | | amendatory Act
of 1986.
|
10 | | (k) This Act applies to all State officials who are |
11 | | serving as trustees,
or their appointing authorities, of
a |
12 | | clean energy community trust or as members of a not-for-profit |
13 | | foundation or
corporation established pursuant to Section
|
14 | | 16-111.1 of the Public Utilities Act.
|
15 | | (l) The State shall not provide representation for, nor |
16 | | shall it indemnify, any State employee in (i) any criminal |
17 | | proceeding in which the employee is a defendant or (ii) any |
18 | | criminal investigation in which the employee is the target. |
19 | | Nothing in this Act shall be construed to prohibit the State |
20 | | from providing representation to a State employee who is a |
21 | | witness in a criminal matter arising out of that employee's |
22 | | State employment. |
23 | | (Source: P.A. 99-461, eff. 1-1-17 .)
|
24 | | Section 15. The Illinois Identification Card Act is |
25 | | amended by changing Section 11A as follows:
|
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1 | | (15 ILCS 335/11A) |
2 | | Sec. 11A. Emergency contact database. |
3 | | (a) The Secretary of State shall establish a database of |
4 | | the emergency contacts of persons who hold identification |
5 | | cards. Information in the database shall be accessible only to |
6 | | employees of the Office of the Secretary and law enforcement |
7 | | officers employed by a law enforcement agency. Law enforcement |
8 | | officers may share information contained in the emergency |
9 | | contact database, including disabilities and special needs |
10 | | information, with other public safety workers on scene, as |
11 | | needed to conduct official law enforcement duties. |
12 | | (b) Any person holding an identification card shall be |
13 | | afforded the opportunity to provide the Secretary of State, in |
14 | | a manner and form designated by the Secretary of State, the |
15 | | name, address, telephone number, and relationship to the |
16 | | holder of no more than 2 emergency contact persons whom the |
17 | | holder wishes to be contacted by a law enforcement officer if |
18 | | the holder is involved in a motor vehicle crash accident or |
19 | | other emergency situation and the holder is unable to |
20 | | communicate with the contact person or persons and may |
21 | | designate whether the holder has a disability or is a special |
22 | | needs individual. A contact person need not be the holder's |
23 | | next of kin. |
24 | | (c) The Secretary shall adopt rules to implement this |
25 | | Section. At a minimum, the rules shall address all of the |
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1 | | following: |
2 | | (1) the method whereby a holder may provide the |
3 | | Secretary of State with emergency contact, disability, and |
4 | | special needs information; |
5 | | (2) the method whereby a holder may provide the |
6 | | Secretary of State with a change to the emergency contact, |
7 | | disability, and special needs information; and |
8 | | (3) any other aspect of the database or its operation |
9 | | that the Secretary determines is necessary to implement |
10 | | this Section. |
11 | | (d) If a person involved in a motor vehicle crash accident |
12 | | or other emergency situation is unable to communicate with the |
13 | | contact person or persons specified in the database, a law |
14 | | enforcement officer shall make a good faith effort to notify |
15 | | the contact person or persons of the situation. Neither the |
16 | | law enforcement officer nor the law enforcement agency that |
17 | | employs that law enforcement officer incurs any liability, |
18 | | however, if the law enforcement officer is not able to make |
19 | | contact with the contact person. Except for willful or wanton |
20 | | misconduct, neither the law enforcement officer, nor the law |
21 | | enforcement agency that employs the law enforcement officer, |
22 | | shall incur any liability relating to the reporting or use of |
23 | | the database during a motor vehicle crash accident or other |
24 | | emergency situation. |
25 | | (e) The Secretary of State shall make a good faith effort |
26 | | to maintain accurate data as provided by the identification |
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1 | | card holder and to provide that information to law enforcement |
2 | | as provided in subsection (a). The Secretary of State is not |
3 | | liable for any damages, costs, or expenses, including, without |
4 | | limitation, consequential damages, arising or resulting from |
5 | | any inaccurate or incomplete data or system unavailability. |
6 | | Except for willful or wanton misconduct, the Secretary of |
7 | | State shall not incur any liability relating to the reporting |
8 | | of disabilities or special needs individuals. |
9 | | (f) As used in this Section: |
10 | | "Disability" means an individual's physical or mental |
11 | | impairment that substantially limits one or more of the major |
12 | | life activities; a record of such impairment; or when the |
13 | | individual is regarded as having such impairment. |
14 | | "Public safety worker" means a person employed by this |
15 | | State or a political subdivision thereof that provides |
16 | | firefighting, law enforcement, medical, or other emergency |
17 | | services. |
18 | | "Special needs individuals" means those individuals who |
19 | | have or are at increased risk for a chronic physical, |
20 | | developmental, behavioral, or emotional condition and who also |
21 | | require health and related services of a type or amount beyond |
22 | | that required by individuals generally. |
23 | | (Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
|
24 | | Section 20. The Department of Transportation Law of the
|
25 | | Civil Administrative Code of Illinois is amended by changing |
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1 | | Sections 2705-210 and 2705-317 as follows:
|
2 | | (20 ILCS 2705/2705-210) (was 20 ILCS 2705/49.15)
|
3 | | Sec. 2705-210. Traffic control and prevention of crashes |
4 | | accidents . The Department
has the power to develop, |
5 | | consolidate, and coordinate effective
programs
and activities |
6 | | for the advancement of driver education, for the
facilitation |
7 | | of the movement of motor vehicle traffic, and for the
|
8 | | protection and conservation of life and property on the |
9 | | streets and
highways of this State and to advise, recommend, |
10 | | and consult with the
several departments, divisions, boards, |
11 | | commissions, and other agencies
of this State in regard to |
12 | | those programs and activities. The
Department has the power to |
13 | | aid and
assist the counties, cities, towns, and other |
14 | | political subdivisions of
this State in the control of traffic |
15 | | and the prevention of traffic crashes
accidents . That aid and |
16 | | assistance to counties, cities, towns,
and other
political |
17 | | subdivisions of this State shall include assistance with |
18 | | regard
to planning, traffic flow, light synchronizing, |
19 | | preferential lanes for
carpools,
and carpool parking |
20 | | allocations.
|
21 | | To further the prevention of crashes accidents , the |
22 | | Department shall conduct a traffic study following the |
23 | | occurrence of any crash accident involving a pedestrian |
24 | | fatality that occurs at an intersection of a State highway. |
25 | | The study shall include, but not be limited to, consideration |
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1 | | of alternative geometric design improvements, traffic control |
2 | | devices, and any other improvements that the Department deems |
3 | | necessary. The Department shall make the results of the study |
4 | | available to the public on its website. |
5 | | (Source: P.A. 102-333, eff. 1-1-22 .)
|
6 | | (20 ILCS 2705/2705-317)
|
7 | | Sec. 2705-317. Safe Routes to School Construction Program. |
8 | | (a) Upon enactment of a federal transportation bill with a |
9 | | dedicated fund available to states for safe routes to schools, |
10 | | the Department, in cooperation with the State Board of |
11 | | Education and the Illinois State Police, shall establish and |
12 | | administer a Safe Routes to School Construction Program for |
13 | | the construction of bicycle and pedestrian safety and |
14 | | traffic-calming projects using the federal Safe Routes to |
15 | | Schools Program funds. |
16 | | (b) The Department shall make construction grants
|
17 | | available to local governmental agencies under the Safe Routes |
18 | | to School
Construction Program based on the results of a |
19 | | statewide competition
that requires submission of Safe Routes |
20 | | to School proposals for funding
and that rates those proposals |
21 | | on all of the following factors:
|
22 | | (1) Demonstrated needs of the grant applicant.
|
23 | | (2) Potential of the proposal for reducing child |
24 | | injuries and
fatalities.
|
25 | | (3) Potential of the proposal for encouraging |
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1 | | increased
walking and bicycling among students.
|
2 | | (4) Identification of safety hazards.
|
3 | | (5) Identification of current and potential walking |
4 | | and
bicycling routes to school.
|
5 | | (6) Consultation and support for projects by |
6 | | school-based
associations, local traffic engineers, local |
7 | | elected officials, law
enforcement agencies, and school |
8 | | officials.
|
9 | | (7) Proximity to parks and other recreational |
10 | | facilities.
|
11 | | With respect to the use of federal Safe Routes to Schools |
12 | | Program funds, prior to
the award of a construction grant or |
13 | | the use of those funds for a Safe Routes
to
School
project |
14 | | encompassing a highway, the Department shall
consult with and |
15 | | obtain approval from the Illinois State Police
and the highway |
16 | | authority with jurisdiction to ensure that the Safe Routes to |
17 | | School proposal is consistent with a
statewide pedestrian |
18 | | safety statistical analysis.
|
19 | | (c) On March 30, 2006 and each March 30th thereafter, the |
20 | | Department shall submit a report to the General Assembly |
21 | | listing
and describing the projects funded under the Safe |
22 | | Routes to School
Construction Program.
|
23 | | (d) The Department shall study the effectiveness of
the |
24 | | Safe Routes to School Construction Program, with particular |
25 | | emphasis on the
Program's effectiveness in reducing traffic |
26 | | crashes accidents and its contribution
to improving safety and |
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1 | | reducing the number of child injuries and
fatalities in the |
2 | | vicinity of a Safe Routes to School project. The Department |
3 | | shall
submit a report to the General Assembly on or before |
4 | | December 31, 2006
regarding the results of the study.
|
5 | | (e) The Department, the State Board of Education,
and the |
6 | | Illinois State Police may adopt any rules necessary to
|
7 | | implement this Section.
|
8 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
9 | | Section 25. The Peace Officer Fire Investigation Act is |
10 | | amended by changing Section 1 as follows:
|
11 | | (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
|
12 | | Sec. 1. Peace officer status.
|
13 | | (a) Any person who is a sworn member of any
organized and |
14 | | paid fire department of a political subdivision of this State
|
15 | | and is authorized to investigate fires or explosions for such |
16 | | political
subdivision and
to determine the cause, origin and |
17 | | circumstances of fires or explosions
that are suspected to be |
18 | | arson or arson-related crimes, may be classified
as a peace |
19 | | officer by the political subdivision or agency employing such
|
20 | | person. A person so classified shall possess the same powers |
21 | | of arrest,
search and seizure and the securing and service of |
22 | | warrants as sheriffs
of counties, and police officers within |
23 | | the jurisdiction of their political
subdivision. While in the |
24 | | actual investigation and matters incident thereto,
such person |
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1 | | may carry weapons as may be necessary, but only if that person |
2 | | has
satisfactorily completed (1) a training program offered or |
3 | | approved by the
Illinois Law Enforcement Training Standards |
4 | | Board which substantially conforms
to standards promulgated |
5 | | pursuant to the Illinois Police Training Act and the Peace |
6 | | Officer and Probation Officer Firearm Training Act; and (2) a |
7 | | course in fire and arson investigation approved by the
Office |
8 | | of the State Fire Marshal pursuant to the Illinois Fire |
9 | | Protection
Training Act. Such training need not include |
10 | | exposure to vehicle and traffic
law, traffic control and crash |
11 | | accident investigation, or first aid, but shall
include |
12 | | training in the law relating to the rights of persons |
13 | | suspected of
involvement in criminal activities.
|
14 | | Any person granted the powers enumerated in this |
15 | | subsection (a) may exercise such
powers only during the actual |
16 | | investigation of the cause, origin and
circumstances of such |
17 | | fires or explosions that are suspected to be arson or
|
18 | | arson-related crimes.
|
19 | | (b) Persons employed by the Office of the State Fire |
20 | | Marshal to conduct arson investigations shall be designated |
21 | | State Fire Marshal Arson Investigator Special Agents and shall |
22 | | be peace officers with all of the powers of peace officers in |
23 | | cities and sheriffs in counties, except that they may exercise |
24 | | those powers throughout the State. These Special Agents may |
25 | | exercise these powers only when engaging in official duties |
26 | | during the actual investigation of the cause, origin, and
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1 | | circumstances of such fires or explosions that are suspected |
2 | | to be arson or
arson-related crimes and may carry weapons at |
3 | | all times, but only if they have satisfactorily completed (1) |
4 | | a training course approved by the Illinois Law Enforcement |
5 | | Training Standards Board that substantially conforms to the |
6 | | standards promulgated pursuant to the Peace Officer and |
7 | | Probation Officer Firearm Training Act and (2) a course in |
8 | | fire and arson investigation approved by the
Office of the |
9 | | State Fire Marshal pursuant to the Illinois Fire Protection
|
10 | | Training Act. Such training need not include exposure to |
11 | | vehicle and traffic
law, traffic control and crash accident |
12 | | investigation, or first aid, but shall
include training in the |
13 | | law relating to the rights of persons suspected of
involvement |
14 | | in criminal activities. |
15 | | For purposes of this subsection (b), a "State Fire Marshal |
16 | | Arson Investigator Special Agent" does not include any fire |
17 | | investigator, fireman, police officer, or other employee of |
18 | | the federal government; any fire investigator, fireman, police |
19 | | officer, or other employee of any unit of local government; or |
20 | | any fire investigator, fireman, police officer, or other |
21 | | employee of the State of Illinois other than an employee of the |
22 | | Office of the State Fire Marshal assigned to investigate |
23 | | arson.
|
24 | | The State Fire Marshal must authorize to each employee of |
25 | | the Office
of the State Fire Marshal who is exercising the |
26 | | powers of a peace officer a
distinct badge that, on its face, |
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1 | | (i) clearly states that the badge is
authorized by the Office |
2 | | of the State Fire Marshal and (ii) contains a unique
|
3 | | identifying number. No other badge shall be authorized by the |
4 | | Office of the
State Fire Marshal, except that a badge, |
5 | | different from the badge issued to
peace officers, may be |
6 | | authorized by the Office of the State Fire Marshal for
the use |
7 | | of fire prevention inspectors employed by that Office.
Nothing |
8 | | in this subsection prohibits the State Fire Marshal from |
9 | | issuing
shields or other distinctive identification to |
10 | | employees not exercising the
powers of a peace officer if the |
11 | | State Fire Marshal determines that a shield or
distinctive |
12 | | identification is needed by the employee to carry out his or |
13 | | her
responsibilities.
|
14 | | (c) The Office of the State Fire Marshal shall establish a |
15 | | policy to allow a State Fire Marshal Arson Investigator |
16 | | Special Agent who is honorably retiring or separating in good |
17 | | standing to purchase either one or both of the following: (i) |
18 | | any badge previously issued to that State Fire Marshal Arson |
19 | | Investigator Special Agent; or (ii) if the State Fire Marshal |
20 | | Arson Investigator Special Agent has a currently valid Firearm |
21 | | Owner's Identification Card, the service firearm issued or |
22 | | previously issued to the State Fire Marshal Arson Investigator |
23 | | Special Agent by the Office of the State Fire Marshal. The cost |
24 | | of the firearm purchased shall be the replacement value of the |
25 | | firearm and not the firearm's fair market value. All funds |
26 | | received by the agency under this program shall be deposited |
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1 | | into the Fire Prevention Fund. |
2 | | (Source: P.A. 100-931, eff. 8-17-18.)
|
3 | | Section 29. The Illinois Pension Code is amended by |
4 | | changing Section 1-108 as follows:
|
5 | | (40 ILCS 5/1-108) (from Ch. 108 1/2, par. 1-108)
|
6 | | Sec. 1-108.
(a) In any proceeding commenced against an |
7 | | employee of a pension
fund, alleging a civil wrong arising out |
8 | | of any act or omission occurring
within the scope of the |
9 | | employee's pension fund employment, unless the court
or the |
10 | | jury finds that the conduct which gave rise to the claim was |
11 | | intentional,
wilful or wanton misconduct, the pension fund |
12 | | shall indemnify the employee
for any damages awarded and court |
13 | | costs and attorneys' fees assessed as
part of any final and |
14 | | unreversed judgment and any attorneys' fees, court
costs and |
15 | | litigation expenses incurred by the employee in defending the
|
16 | | claim. In any such proceeding if a majority of the board or |
17 | | trustees who
are not a party to the action determine that the |
18 | | conduct which gave rise
to the claim was not intentional, |
19 | | wilful or wanton misconduct, the board
or trustees may agree |
20 | | to settlement of the proceeding and the pension fund
shall |
21 | | indemnify the employee for any damages, court costs and |
22 | | attorneys'
fees agreed to as part of the settlement and any |
23 | | attorneys' fees, court
costs and litigation expenses incurred |
24 | | in defending the claim.
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1 | | (b) No employee of a pension fund shall be entitled to |
2 | | indemnification
under this Section unless within 15 days after |
3 | | receipt by the employee of
service of process, he shall give |
4 | | written notice of such proceeding to the pension fund.
|
5 | | (c) Each pension fund may insure against loss or liability |
6 | | of employees
which may arise as a result of these claims. This |
7 | | insurance shall be carried
by a company authorized to provide |
8 | | such coverage in this State.
|
9 | | (d) Nothing contained or implied in this Section shall |
10 | | operate, or be
construed or applied, to deprive the State or a |
11 | | pension fund, or any other
employee thereof, of any immunity |
12 | | or any defense heretofore available.
|
13 | | (e) This Section shall apply regardless of whether the |
14 | | employee is sued
in his or her individual or official |
15 | | capacity.
|
16 | | (f) This Section shall not apply to claims for bodily |
17 | | injury or damage
to property arising from motor vehicle |
18 | | crashes accidents .
|
19 | | (g) This Section shall apply to all proceedings filed on |
20 | | or after its
effective date, and to any proceeding pending on |
21 | | its effective date, if
the pension fund employee gives notice |
22 | | to the pension fund within 30 days
of the Act's effective date.
|
23 | | (Source: P.A. 80-1078.)
|
24 | | Section 30. The Illinois Police Training Act is amended by |
25 | | changing Section 7 as follows:
|
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1 | | (50 ILCS 705/7)
|
2 | | (Text of Section before amendment by P.A. 102-345 ) |
3 | | Sec. 7. Rules and standards for schools. The Board shall |
4 | | adopt rules and
minimum standards for such schools which shall |
5 | | include, but not be limited to,
the following:
|
6 | | a. The curriculum for probationary law enforcement |
7 | | officers which shall be
offered by all certified schools |
8 | | shall include, but not be limited to,
courses of |
9 | | procedural justice, arrest and use and control tactics, |
10 | | search and seizure, including temporary questioning, civil |
11 | | rights, human rights, human relations,
cultural |
12 | | competency, including implicit bias and racial and ethnic |
13 | | sensitivity,
criminal law, law of criminal procedure, |
14 | | constitutional and proper use of law enforcement |
15 | | authority, crisis intervention training, vehicle and |
16 | | traffic law including
uniform and non-discriminatory |
17 | | enforcement of the Illinois Vehicle Code,
traffic control |
18 | | and crash accident investigation, techniques of obtaining
|
19 | | physical evidence, court testimonies, statements, reports, |
20 | | firearms
training, training in the use of electronic |
21 | | control devices, including the psychological and |
22 | | physiological effects of the use of those devices on |
23 | | humans, first-aid (including cardiopulmonary |
24 | | resuscitation), training in the administration of opioid |
25 | | antagonists as defined in paragraph (1) of subsection (e) |
|
| | HB5496 Enrolled | - 37 - | LRB102 25260 LNS 34533 b |
|
|
1 | | of Section 5-23 of the Substance Use Disorder Act, |
2 | | handling of
juvenile offenders, recognition of
mental |
3 | | conditions and crises, including, but not limited to, the |
4 | | disease of addiction, which require immediate assistance |
5 | | and response and methods to
safeguard and provide |
6 | | assistance to a person in need of mental
treatment, |
7 | | recognition of abuse, neglect, financial exploitation, and |
8 | | self-neglect of adults with disabilities and older adults, |
9 | | as defined in Section 2 of the Adult Protective Services |
10 | | Act, crimes against the elderly, law of evidence, the |
11 | | hazards of high-speed police vehicle
chases with an |
12 | | emphasis on alternatives to the high-speed chase, and
|
13 | | physical training. The curriculum shall include specific |
14 | | training in
techniques for immediate response to and |
15 | | investigation of cases of domestic
violence and of sexual |
16 | | assault of adults and children, including cultural |
17 | | perceptions and common myths of sexual assault and sexual |
18 | | abuse as well as interview techniques that are age |
19 | | sensitive and are trauma informed, victim centered, and |
20 | | victim sensitive. The curriculum shall include
training in |
21 | | techniques designed to promote effective
communication at |
22 | | the initial contact with crime victims and ways to |
23 | | comprehensively
explain to victims and witnesses their |
24 | | rights under the Rights
of Crime Victims and Witnesses Act |
25 | | and the Crime
Victims Compensation Act. The curriculum |
26 | | shall also include training in effective recognition of |
|
| | HB5496 Enrolled | - 38 - | LRB102 25260 LNS 34533 b |
|
|
1 | | and responses to stress, trauma, and post-traumatic stress |
2 | | experienced by law enforcement officers that is consistent |
3 | | with Section 25 of the Illinois Mental Health First Aid |
4 | | Training Act in a peer setting, including recognizing |
5 | | signs and symptoms of work-related cumulative stress, |
6 | | issues that may lead to suicide, and solutions for |
7 | | intervention with peer support resources. The curriculum |
8 | | shall include a block of instruction addressing the |
9 | | mandatory reporting requirements under the Abused and |
10 | | Neglected Child Reporting Act. The curriculum shall also |
11 | | include a block of instruction aimed at identifying and |
12 | | interacting with persons with autism and other |
13 | | developmental or physical disabilities, reducing barriers |
14 | | to reporting crimes against persons with autism, and |
15 | | addressing the unique challenges presented by cases |
16 | | involving victims or witnesses with autism and other |
17 | | developmental disabilities. The curriculum shall include |
18 | | training in the detection and investigation of all forms |
19 | | of human trafficking. The curriculum shall also include |
20 | | instruction in trauma-informed responses designed to |
21 | | ensure the physical safety and well-being of a child of an |
22 | | arrested parent or immediate family member; this |
23 | | instruction must include, but is not limited to: (1) |
24 | | understanding the trauma experienced by the child while |
25 | | maintaining the integrity of the arrest and safety of |
26 | | officers, suspects, and other involved individuals; (2) |
|
| | HB5496 Enrolled | - 39 - | LRB102 25260 LNS 34533 b |
|
|
1 | | de-escalation tactics that would include the use of force |
2 | | when reasonably necessary; and (3) inquiring whether a |
3 | | child will require supervision and care. The curriculum |
4 | | for probationary law enforcement officers shall include: |
5 | | (1) at least 12 hours of hands-on, scenario-based |
6 | | role-playing; (2) at least 6 hours of instruction on use |
7 | | of force techniques, including the use of de-escalation |
8 | | techniques to prevent or reduce the need for force |
9 | | whenever safe and feasible; (3) specific training on |
10 | | officer safety techniques, including cover, concealment, |
11 | | and time; and (4) at least 6 hours of training focused on |
12 | | high-risk traffic stops. The curriculum for
permanent law |
13 | | enforcement officers shall include, but not be limited to: |
14 | | (1) refresher
and in-service training in any of the |
15 | | courses listed above in this
subparagraph, (2) advanced |
16 | | courses in any of the subjects listed above in
this |
17 | | subparagraph, (3) training for supervisory personnel, and |
18 | | (4)
specialized training in subjects and fields to be |
19 | | selected by the board. The training in the use of |
20 | | electronic control devices shall be conducted for |
21 | | probationary law enforcement officers, including |
22 | | University police officers.
|
23 | | b. Minimum courses of study, attendance requirements |
24 | | and equipment
requirements.
|
25 | | c. Minimum requirements for instructors.
|
26 | | d. Minimum basic training requirements, which a |
|
| | HB5496 Enrolled | - 40 - | LRB102 25260 LNS 34533 b |
|
|
1 | | probationary law enforcement
officer must satisfactorily |
2 | | complete before being eligible for permanent
employment as |
3 | | a local law enforcement officer for a participating local
|
4 | | governmental or State governmental agency. Those |
5 | | requirements shall include training in first aid
|
6 | | (including cardiopulmonary resuscitation).
|
7 | | e. Minimum basic training requirements, which a |
8 | | probationary county
corrections officer must |
9 | | satisfactorily complete before being eligible for
|
10 | | permanent employment as a county corrections officer for a |
11 | | participating
local governmental agency.
|
12 | | f. Minimum basic training requirements which a |
13 | | probationary court
security officer must satisfactorily |
14 | | complete before being eligible for
permanent employment as |
15 | | a court security officer for a participating local
|
16 | | governmental agency. The Board shall
establish those |
17 | | training requirements which it considers appropriate for |
18 | | court
security officers and shall certify schools to |
19 | | conduct that training.
|
20 | | A person hired to serve as a court security officer |
21 | | must obtain from the
Board a certificate (i) attesting to |
22 | | the officer's successful completion of the
training |
23 | | course; (ii) attesting to the officer's satisfactory
|
24 | | completion of a training program of similar content and |
25 | | number of hours that
has been found acceptable by the |
26 | | Board under the provisions of this Act; or
(iii) attesting |
|
| | HB5496 Enrolled | - 41 - | LRB102 25260 LNS 34533 b |
|
|
1 | | to the Board's determination that the training
course is |
2 | | unnecessary because of the person's extensive prior law |
3 | | enforcement
experience.
|
4 | | Individuals who currently serve as court security |
5 | | officers shall be deemed
qualified to continue to serve in |
6 | | that capacity so long as they are certified
as provided by |
7 | | this Act within 24 months of June 1, 1997 (the effective |
8 | | date of Public Act 89-685). Failure to be so certified, |
9 | | absent a waiver from the
Board, shall cause the officer to |
10 | | forfeit his or her position.
|
11 | | All individuals hired as court security officers on or |
12 | | after June 1, 1997 (the effective
date of Public Act |
13 | | 89-685) shall be certified within 12 months of the
date of |
14 | | their hire, unless a waiver has been obtained by the |
15 | | Board, or they
shall forfeit their positions.
|
16 | | The Sheriff's Merit Commission, if one exists, or the |
17 | | Sheriff's Office if
there is no Sheriff's Merit |
18 | | Commission, shall maintain a list of all
individuals who |
19 | | have filed applications to become court security officers |
20 | | and
who meet the eligibility requirements established |
21 | | under this Act. Either
the Sheriff's Merit Commission, or |
22 | | the Sheriff's Office if no Sheriff's Merit
Commission |
23 | | exists, shall establish a schedule of reasonable intervals |
24 | | for
verification of the applicants' qualifications under
|
25 | | this Act and as established by the Board.
|
26 | | g. Minimum in-service training requirements, which a |
|
| | HB5496 Enrolled | - 42 - | LRB102 25260 LNS 34533 b |
|
|
1 | | law enforcement officer must satisfactorily complete every |
2 | | 3 years. Those requirements shall include constitutional |
3 | | and proper use of law enforcement authority, procedural |
4 | | justice, civil rights, human rights, reporting child abuse |
5 | | and neglect, and cultural competency, including implicit |
6 | | bias and racial and ethnic sensitivity. These trainings |
7 | | shall consist of at least 30 hours of training every 3 |
8 | | years. |
9 | | h. Minimum in-service training requirements, which a |
10 | | law enforcement officer must satisfactorily complete at |
11 | | least annually. Those requirements shall include law |
12 | | updates, emergency medical response training and |
13 | | certification, crisis intervention training, and officer |
14 | | wellness and mental health. |
15 | | i. Minimum in-service training requirements as set |
16 | | forth in Section 10.6. |
17 | | The amendatory changes to this Section made by Public Act |
18 | | 101-652 shall take effect January 1, 2022. |
19 | | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; |
20 | | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. |
21 | | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section |
22 | | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. |
23 | | 1-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised |
24 | | 10-5-21.)
|
25 | | (Text of Section after amendment by P.A. 102-345 )
|
|
| | HB5496 Enrolled | - 43 - | LRB102 25260 LNS 34533 b |
|
|
1 | | Sec. 7. Rules and standards for schools. The Board shall |
2 | | adopt rules and
minimum standards for such schools which shall |
3 | | include, but not be limited to,
the following:
|
4 | | a. The curriculum for probationary law enforcement |
5 | | officers which shall be
offered by all certified schools |
6 | | shall include, but not be limited to,
courses of |
7 | | procedural justice, arrest and use and control tactics, |
8 | | search and seizure, including temporary questioning, civil |
9 | | rights, human rights, human relations,
cultural |
10 | | competency, including implicit bias and racial and ethnic |
11 | | sensitivity,
criminal law, law of criminal procedure, |
12 | | constitutional and proper use of law enforcement |
13 | | authority, crisis intervention training, vehicle and |
14 | | traffic law including
uniform and non-discriminatory |
15 | | enforcement of the Illinois Vehicle Code,
traffic control |
16 | | and crash accident investigation, techniques of obtaining
|
17 | | physical evidence, court testimonies, statements, reports, |
18 | | firearms
training, training in the use of electronic |
19 | | control devices, including the psychological and |
20 | | physiological effects of the use of those devices on |
21 | | humans, first-aid (including cardiopulmonary |
22 | | resuscitation), training in the administration of opioid |
23 | | antagonists as defined in paragraph (1) of subsection (e) |
24 | | of Section 5-23 of the Substance Use Disorder Act, |
25 | | handling of
juvenile offenders, recognition of
mental |
26 | | conditions and crises, including, but not limited to, the |
|
| | HB5496 Enrolled | - 44 - | LRB102 25260 LNS 34533 b |
|
|
1 | | disease of addiction, which require immediate assistance |
2 | | and response and methods to
safeguard and provide |
3 | | assistance to a person in need of mental
treatment, |
4 | | recognition of abuse, neglect, financial exploitation, and |
5 | | self-neglect of adults with disabilities and older adults, |
6 | | as defined in Section 2 of the Adult Protective Services |
7 | | Act, crimes against the elderly, law of evidence, the |
8 | | hazards of high-speed police vehicle
chases with an |
9 | | emphasis on alternatives to the high-speed chase, and
|
10 | | physical training. The curriculum shall include specific |
11 | | training in
techniques for immediate response to and |
12 | | investigation of cases of domestic
violence and of sexual |
13 | | assault of adults and children, including cultural |
14 | | perceptions and common myths of sexual assault and sexual |
15 | | abuse as well as interview techniques that are age |
16 | | sensitive and are trauma informed, victim centered, and |
17 | | victim sensitive. The curriculum shall include
training in |
18 | | techniques designed to promote effective
communication at |
19 | | the initial contact with crime victims and ways to |
20 | | comprehensively
explain to victims and witnesses their |
21 | | rights under the Rights
of Crime Victims and Witnesses Act |
22 | | and the Crime
Victims Compensation Act. The curriculum |
23 | | shall also include training in effective recognition of |
24 | | and responses to stress, trauma, and post-traumatic stress |
25 | | experienced by law enforcement officers that is consistent |
26 | | with Section 25 of the Illinois Mental Health First Aid |
|
| | HB5496 Enrolled | - 45 - | LRB102 25260 LNS 34533 b |
|
|
1 | | Training Act in a peer setting, including recognizing |
2 | | signs and symptoms of work-related cumulative stress, |
3 | | issues that may lead to suicide, and solutions for |
4 | | intervention with peer support resources. The curriculum |
5 | | shall include a block of instruction addressing the |
6 | | mandatory reporting requirements under the Abused and |
7 | | Neglected Child Reporting Act. The curriculum shall also |
8 | | include a block of instruction aimed at identifying and |
9 | | interacting with persons with autism and other |
10 | | developmental or physical disabilities, reducing barriers |
11 | | to reporting crimes against persons with autism, and |
12 | | addressing the unique challenges presented by cases |
13 | | involving victims or witnesses with autism and other |
14 | | developmental disabilities. The curriculum shall include |
15 | | training in the detection and investigation of all forms |
16 | | of human trafficking. The curriculum shall also include |
17 | | instruction in trauma-informed responses designed to |
18 | | ensure the physical safety and well-being of a child of an |
19 | | arrested parent or immediate family member; this |
20 | | instruction must include, but is not limited to: (1) |
21 | | understanding the trauma experienced by the child while |
22 | | maintaining the integrity of the arrest and safety of |
23 | | officers, suspects, and other involved individuals; (2) |
24 | | de-escalation tactics that would include the use of force |
25 | | when reasonably necessary; and (3) inquiring whether a |
26 | | child will require supervision and care. The curriculum |
|
| | HB5496 Enrolled | - 46 - | LRB102 25260 LNS 34533 b |
|
|
1 | | for probationary law enforcement officers shall include: |
2 | | (1) at least 12 hours of hands-on, scenario-based |
3 | | role-playing; (2) at least 6 hours of instruction on use |
4 | | of force techniques, including the use of de-escalation |
5 | | techniques to prevent or reduce the need for force |
6 | | whenever safe and feasible; (3) specific training on |
7 | | officer safety techniques, including cover, concealment, |
8 | | and time; and (4) at least 6 hours of training focused on |
9 | | high-risk traffic stops. The curriculum for
permanent law |
10 | | enforcement officers shall include, but not be limited to: |
11 | | (1) refresher
and in-service training in any of the |
12 | | courses listed above in this
subparagraph, (2) advanced |
13 | | courses in any of the subjects listed above in
this |
14 | | subparagraph, (3) training for supervisory personnel, and |
15 | | (4)
specialized training in subjects and fields to be |
16 | | selected by the board. The training in the use of |
17 | | electronic control devices shall be conducted for |
18 | | probationary law enforcement officers, including |
19 | | University police officers. The curriculum shall also |
20 | | include training on the use of a firearms restraining |
21 | | order by providing instruction on the process used to file |
22 | | a firearms restraining order and how to identify |
23 | | situations in which a firearms restraining order is |
24 | | appropriate.
|
25 | | b. Minimum courses of study, attendance requirements |
26 | | and equipment
requirements.
|
|
| | HB5496 Enrolled | - 47 - | LRB102 25260 LNS 34533 b |
|
|
1 | | c. Minimum requirements for instructors.
|
2 | | d. Minimum basic training requirements, which a |
3 | | probationary law enforcement
officer must satisfactorily |
4 | | complete before being eligible for permanent
employment as |
5 | | a local law enforcement officer for a participating local
|
6 | | governmental or State governmental agency. Those |
7 | | requirements shall include training in first aid
|
8 | | (including cardiopulmonary resuscitation).
|
9 | | e. Minimum basic training requirements, which a |
10 | | probationary county
corrections officer must |
11 | | satisfactorily complete before being eligible for
|
12 | | permanent employment as a county corrections officer for a |
13 | | participating
local governmental agency.
|
14 | | f. Minimum basic training requirements which a |
15 | | probationary court
security officer must satisfactorily |
16 | | complete before being eligible for
permanent employment as |
17 | | a court security officer for a participating local
|
18 | | governmental agency. The Board shall
establish those |
19 | | training requirements which it considers appropriate for |
20 | | court
security officers and shall certify schools to |
21 | | conduct that training.
|
22 | | A person hired to serve as a court security officer |
23 | | must obtain from the
Board a certificate (i) attesting to |
24 | | the officer's successful completion of the
training |
25 | | course; (ii) attesting to the officer's satisfactory
|
26 | | completion of a training program of similar content and |
|
| | HB5496 Enrolled | - 48 - | LRB102 25260 LNS 34533 b |
|
|
1 | | number of hours that
has been found acceptable by the |
2 | | Board under the provisions of this Act; or
(iii) attesting |
3 | | to the Board's determination that the training
course is |
4 | | unnecessary because of the person's extensive prior law |
5 | | enforcement
experience.
|
6 | | Individuals who currently serve as court security |
7 | | officers shall be deemed
qualified to continue to serve in |
8 | | that capacity so long as they are certified
as provided by |
9 | | this Act within 24 months of June 1, 1997 (the effective |
10 | | date of Public Act 89-685). Failure to be so certified, |
11 | | absent a waiver from the
Board, shall cause the officer to |
12 | | forfeit his or her position.
|
13 | | All individuals hired as court security officers on or |
14 | | after June 1, 1997 (the effective
date of Public Act |
15 | | 89-685) shall be certified within 12 months of the
date of |
16 | | their hire, unless a waiver has been obtained by the |
17 | | Board, or they
shall forfeit their positions.
|
18 | | The Sheriff's Merit Commission, if one exists, or the |
19 | | Sheriff's Office if
there is no Sheriff's Merit |
20 | | Commission, shall maintain a list of all
individuals who |
21 | | have filed applications to become court security officers |
22 | | and
who meet the eligibility requirements established |
23 | | under this Act. Either
the Sheriff's Merit Commission, or |
24 | | the Sheriff's Office if no Sheriff's Merit
Commission |
25 | | exists, shall establish a schedule of reasonable intervals |
26 | | for
verification of the applicants' qualifications under
|
|
| | HB5496 Enrolled | - 49 - | LRB102 25260 LNS 34533 b |
|
|
1 | | this Act and as established by the Board.
|
2 | | g. Minimum in-service training requirements, which a |
3 | | law enforcement officer must satisfactorily complete every |
4 | | 3 years. Those requirements shall include constitutional |
5 | | and proper use of law enforcement authority, procedural |
6 | | justice, civil rights, human rights, reporting child abuse |
7 | | and neglect, and cultural competency, including implicit |
8 | | bias and racial and ethnic sensitivity. These trainings |
9 | | shall consist of at least 30 hours of training every 3 |
10 | | years. |
11 | | h. Minimum in-service training requirements, which a |
12 | | law enforcement officer must satisfactorily complete at |
13 | | least annually. Those requirements shall include law |
14 | | updates, emergency medical response training and |
15 | | certification, crisis intervention training, and officer |
16 | | wellness and mental health. |
17 | | i. Minimum in-service training requirements as set |
18 | | forth in Section 10.6. |
19 | | The amendatory changes to this Section made by Public Act |
20 | | 101-652 shall take effect January 1, 2022. |
21 | | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; |
22 | | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. |
23 | | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section |
24 | | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. |
25 | | 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, |
26 | | eff. 8-20-21; revised 10-5-21.)
|
|
| | HB5496 Enrolled | - 50 - | LRB102 25260 LNS 34533 b |
|
|
1 | | Section 35. The Uniform Crime Reporting Act is amended by |
2 | | changing Section 5-5 as follows:
|
3 | | (50 ILCS 709/5-5)
|
4 | | Sec. 5-5. Definitions. As used in this Act: |
5 | | "Arrest-related death" means any death of an individual |
6 | | while the individual's freedom to leave is restricted by a law |
7 | | enforcement officer while the officer is on duty, or otherwise |
8 | | acting within the scope of his or her employment, including |
9 | | any death resulting from a motor vehicle crash accident , if |
10 | | the law enforcement officer was engaged in direct action |
11 | | against the individual or the individual's vehicle during the |
12 | | process of apprehension. "Arrest-related death" does not |
13 | | include the death of law enforcement personnel.
|
14 | | "Domestic crime" means any crime attempted or committed |
15 | | between a victim and offender who have a domestic |
16 | | relationship, both current and past. |
17 | | "Hate crime" has the same meaning as defined under Section |
18 | | 12-7.1 of the Criminal Code of 2012. |
19 | | "Law enforcement agency" means an agency of this State or |
20 | | unit of local government which is vested by law or ordinance |
21 | | with the duty to maintain public order and to enforce criminal |
22 | | law or ordinances. |
23 | | "Law enforcement officer" or "officer" means any officer, |
24 | | agent, or employee of this State or a unit of local government |
|
| | HB5496 Enrolled | - 51 - | LRB102 25260 LNS 34533 b |
|
|
1 | | authorized by law or by a government agency to engage in or |
2 | | supervise the prevention, detection, or investigation of any |
3 | | violation of criminal law, or authorized by law to supervise |
4 | | accused persons or sentenced criminal offenders.
|
5 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
6 | | Section 40. The Police and Community Relations Improvement |
7 | | Act is amended by changing Sections 1-5 and 1-10 as follows:
|
8 | | (50 ILCS 727/1-5)
|
9 | | Sec. 1-5. Definitions. As used in this Act: |
10 | | "Law enforcement agency" means an agency of this State or |
11 | | unit of local government which is vested by law or ordinance |
12 | | with the duty to maintain public order and to enforce criminal |
13 | | laws or ordinances. |
14 | | "Law enforcement officer" or "officer" means any person |
15 | | employed by a State, county, or municipality as a policeman, |
16 | | peace officer, or in some like position involving the |
17 | | enforcement of the law and protection of public interest at |
18 | | the risk of the person's life. |
19 | | "Officer-involved death" means any death of an individual |
20 | | that results directly from an action or directly from an |
21 | | intentional omission, including unreasonable delay involving a |
22 | | person in custody or intentional failure to seek medical |
23 | | attention when the need for treatment is apparent, of a law |
24 | | enforcement officer while the officer is on duty, or otherwise |
|
| | HB5496 Enrolled | - 52 - | LRB102 25260 LNS 34533 b |
|
|
1 | | acting within the scope of his or her employment, or while the |
2 | | officer is off duty, but performing activities that are within |
3 | | the scope of his or her law enforcement duties. |
4 | | "Officer-involved death" includes any death resulting from a |
5 | | motor vehicle crash accident , if the law enforcement officer |
6 | | was engaged in law enforcement activity involving the |
7 | | individual or the individual's vehicle in the process of |
8 | | apprehension or attempt to apprehend.
|
9 | | (Source: P.A. 99-352, eff. 1-1-16 .)
|
10 | | (50 ILCS 727/1-10)
|
11 | | Sec. 1-10. Investigation of officer-involved deaths; |
12 | | requirements.
|
13 | | (a) Each law enforcement agency shall have a written |
14 | | policy regarding the investigation of officer-involved deaths |
15 | | that involve a law enforcement officer employed by that law |
16 | | enforcement agency. |
17 | | (b) Each officer-involved death investigation shall be |
18 | | conducted by at least 2 investigators, or an entity or agency |
19 | | comprised of at least 2 investigators, one of whom is the lead |
20 | | investigator. The lead investigator shall be a person |
21 | | certified by the Illinois Law Enforcement Training Standards |
22 | | Board as a Lead Homicide Investigator, or similar training |
23 | | approved by the Illinois Law Enforcement Training Standards |
24 | | Board or the Illinois State Police, or similar training |
25 | | provided at an Illinois Law Enforcement Training Standards |
|
| | HB5496 Enrolled | - 53 - | LRB102 25260 LNS 34533 b |
|
|
1 | | Board certified school. No
investigator involved in the |
2 | | investigation may be employed by the law enforcement agency |
3 | | that employs the officer involved in the officer-involved |
4 | | death, unless the investigator is employed by the Illinois |
5 | | State Police and is not assigned to the same division or unit |
6 | | as the officer involved in the death. |
7 | | (c) In addition to the requirements of subsection (b) of |
8 | | this Section, if the officer-involved death being investigated |
9 | | involves a motor vehicle crash accident , at least one |
10 | | investigator shall be certified by the Illinois Law |
11 | | Enforcement Training Standards Board as a Crash Reconstruction |
12 | | Specialist, or similar training approved by the Illinois Law |
13 | | Enforcement Training Standards Board or the Illinois State |
14 | | Police, or similar training provided at an Illinois Law |
15 | | Enforcement Training Standards Board certified school. |
16 | | Notwithstanding the requirements of subsection (b) of this |
17 | | Section, the policy for a law enforcement agency, when the |
18 | | officer-involved death being investigated involves a motor |
19 | | vehicle collision, may allow the use of an investigator who is |
20 | | employed by that law enforcement agency and who is certified |
21 | | by the Illinois Law Enforcement Training Standards Board as a |
22 | | Crash Reconstruction Specialist, or similar training approved |
23 | | by the Illinois Law Enforcement Training and Standards Board, |
24 | | or similar certified training approved by the Illinois State |
25 | | Police, or similar training provided at an Illinois Law |
26 | | Enforcement Training and Standards Board certified school. |
|
| | HB5496 Enrolled | - 54 - | LRB102 25260 LNS 34533 b |
|
|
1 | | (d) The investigators conducting the investigation shall, |
2 | | in an expeditious manner, provide a complete report to the |
3 | | State's Attorney of the county in which the officer-involved |
4 | | death occurred. |
5 | | (e) If the State's Attorney, or a designated special |
6 | | prosecutor, determines there is no basis to prosecute the law |
7 | | enforcement officer involved in the officer-involved death, or |
8 | | if the law enforcement officer is not otherwise charged or |
9 | | indicted, the investigators shall publicly release a report.
|
10 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
11 | | Section 45. The Counties Code is amended by changing |
12 | | Sections 3-3013 and 5-1182 as follows:
|
13 | | (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
|
14 | | Sec. 3-3013. Preliminary investigations; blood and urine |
15 | | analysis;
summoning jury; reports. Every coroner, whenever, |
16 | | as soon as he knows or is
informed that the dead body of any |
17 | | person is found, or lying within his
county, whose death is |
18 | | suspected of being:
|
19 | | (a) A sudden or violent death, whether apparently |
20 | | suicidal,
homicidal or accidental, including but not |
21 | | limited to deaths apparently
caused or contributed to by |
22 | | thermal, traumatic, chemical, electrical or
radiational |
23 | | injury, or a complication of any of them, or by drowning or
|
24 | | suffocation, or as a result of domestic violence as |
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1 | | defined in the Illinois
Domestic
Violence Act of 1986;
|
2 | | (b) A death due to a
sex crime;
|
3 | | (c) A death where the circumstances are suspicious, |
4 | | obscure,
mysterious or otherwise unexplained or where, in |
5 | | the written opinion of
the attending physician, the cause |
6 | | of death is not determined;
|
7 | | (d) A death where addiction to alcohol or to any drug |
8 | | may have been
a contributory cause; or
|
9 | | (e) A death where the decedent was not attended by a |
10 | | licensed
physician;
|
11 | | shall go to the place where the dead body is, and take charge |
12 | | of the
same and shall make a preliminary investigation into |
13 | | the circumstances
of the death. In the case of death without |
14 | | attendance by a licensed
physician the body may be moved with |
15 | | the coroner's consent from the
place of death to a mortuary in |
16 | | the same county. Coroners in their
discretion shall notify |
17 | | such physician as is designated in accordance
with Section |
18 | | 3-3014 to attempt to ascertain the cause of death, either by
|
19 | | autopsy or otherwise.
|
20 | | In cases of accidental death involving a motor vehicle in |
21 | | which the
decedent was (1) the operator or a suspected |
22 | | operator of a motor
vehicle, or (2) a pedestrian 16 years of |
23 | | age or older, the coroner shall
require that a blood specimen |
24 | | of at least 30 cc., and if medically
possible a urine specimen |
25 | | of at least 30 cc. or as much as possible up
to 30 cc., be |
26 | | withdrawn from the body of the decedent in a timely fashion |
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1 | | after
the crash accident causing his death, by such physician |
2 | | as has been designated
in accordance with Section 3-3014, or |
3 | | by the coroner or deputy coroner or
a qualified person |
4 | | designated by such physician, coroner, or deputy coroner. If |
5 | | the county
does not maintain laboratory facilities for making |
6 | | such analysis, the
blood and urine so drawn shall be sent to |
7 | | the Illinois State Police or any other accredited or |
8 | | State-certified laboratory
for analysis of the alcohol, carbon |
9 | | monoxide, and dangerous or
narcotic drug content of such blood |
10 | | and urine specimens. Each specimen
submitted shall be |
11 | | accompanied by pertinent information concerning the
decedent |
12 | | upon a form prescribed by such laboratory. Any
person drawing |
13 | | blood and urine and any person making any examination of
the |
14 | | blood and urine under the terms of this Division shall be |
15 | | immune from all
liability, civil or criminal, that might |
16 | | otherwise be incurred or
imposed.
|
17 | | In all other cases coming within the jurisdiction of the |
18 | | coroner and
referred to in subparagraphs (a) through (e) |
19 | | above, blood, and whenever
possible, urine samples shall be |
20 | | analyzed for the presence of alcohol
and other drugs. When the |
21 | | coroner suspects that drugs may have been
involved in the |
22 | | death, either directly or indirectly, a toxicological
|
23 | | examination shall be performed which may include analyses of |
24 | | blood, urine,
bile, gastric contents and other tissues. When |
25 | | the coroner suspects
a death is due to toxic substances, other |
26 | | than drugs, the coroner shall
consult with the toxicologist |
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1 | | prior to collection of samples. Information
submitted to the |
2 | | toxicologist shall include information as to height,
weight, |
3 | | age, sex and race of the decedent as well as medical history,
|
4 | | medications used by and the manner of death of decedent.
|
5 | | When the coroner or medical examiner finds that the cause |
6 | | of death is due to homicidal means, the coroner or medical |
7 | | examiner shall cause blood and buccal specimens (tissue may be |
8 | | submitted if no uncontaminated blood or buccal specimen can be |
9 | | obtained), whenever possible, to be withdrawn from the body of |
10 | | the decedent in a timely fashion. For proper preservation of |
11 | | the specimens, collected blood and buccal specimens shall be |
12 | | dried and tissue specimens shall be frozen if available |
13 | | equipment exists. As soon as possible, but no later than 30 |
14 | | days after the collection of the specimens, the coroner or |
15 | | medical examiner shall release those specimens to the police |
16 | | agency responsible for investigating the death. As soon as |
17 | | possible, but no later than 30 days after the receipt from the |
18 | | coroner or medical examiner, the police agency shall submit |
19 | | the specimens using the agency case number to a National DNA |
20 | | Index System (NDIS) participating laboratory within this |
21 | | State, such as the Illinois State Police, Division of Forensic |
22 | | Services, for analysis and categorizing into genetic marker |
23 | | groupings. The results of the analysis and categorizing into |
24 | | genetic marker groupings shall be provided to the Illinois |
25 | | State Police and shall be maintained by the Illinois State |
26 | | Police in the State central repository in the same manner, and |
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1 | | subject to the same conditions, as provided in Section 5-4-3 |
2 | | of the Unified Code of Corrections. The requirements of this |
3 | | paragraph are in addition to any other findings, specimens, or |
4 | | information that the coroner or medical examiner is required |
5 | | to provide during the conduct of a criminal investigation.
|
6 | | In all counties, in cases of apparent
suicide, homicide, |
7 | | or accidental death or in other cases, within the
discretion |
8 | | of the coroner, the coroner may summon 8 persons of lawful age
|
9 | | from those persons drawn for petit jurors in the county. The |
10 | | summons shall
command these persons to present themselves |
11 | | personally at such a place and
time as the coroner shall |
12 | | determine, and may be in any form which the
coroner shall |
13 | | determine and may incorporate any reasonable form of request
|
14 | | for acknowledgment which the coroner deems practical and |
15 | | provides a
reliable proof of service. The summons may be |
16 | | served by first class mail.
From the 8 persons so summoned, the |
17 | | coroner shall select 6 to serve as the
jury for the inquest. |
18 | | Inquests may be continued from time
to time, as the coroner may |
19 | | deem necessary. The 6 jurors selected in
a given case may view |
20 | | the body of the deceased.
If at any continuation of an inquest |
21 | | one or more of the original jurors
shall be unable to continue |
22 | | to serve, the coroner shall fill the vacancy or
vacancies. A |
23 | | juror serving pursuant to this paragraph shall receive
|
24 | | compensation from the county at the same rate as the rate of |
25 | | compensation
that is paid to petit or grand jurors in the |
26 | | county. The coroner shall
furnish to each juror without fee at |
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1 | | the time of his discharge a
certificate of the number of days |
2 | | in attendance at an inquest, and, upon
being presented with |
3 | | such certificate, the county treasurer shall pay to
the juror |
4 | | the sum provided for his services.
|
5 | | In counties which have a jury commission, in cases of |
6 | | apparent suicide or
homicide or of accidental death, the |
7 | | coroner may conduct an inquest. The jury commission shall |
8 | | provide
at least 8 jurors to the coroner, from whom the coroner |
9 | | shall select any 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 originally chosen
in a given case |
12 | | may view the body of the deceased. If at any continuation
of an |
13 | | inquest one or more of the 6 jurors originally chosen shall be |
14 | | unable
to continue to serve, the coroner shall fill the |
15 | | vacancy or vacancies. At
the coroner's discretion, additional |
16 | | jurors to fill such vacancies shall be
supplied by the jury |
17 | | commission. A juror serving pursuant to this
paragraph in such |
18 | | county shall receive compensation from the county at the
same |
19 | | rate as the rate of compensation that is paid to petit or grand |
20 | | jurors
in the county.
|
21 | | In every case in which a fire is determined to be
a
|
22 | | contributing factor in a death, the coroner shall report the |
23 | | death to the
Office of the State Fire Marshal. The coroner |
24 | | shall provide a copy of the death certificate (i) within 30 |
25 | | days after filing the permanent death certificate and (ii) in |
26 | | a manner that is agreed upon by the coroner and the State Fire |
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1 | | Marshal. |
2 | | In every case in which a drug overdose is determined to be |
3 | | the cause or a contributing factor in the death, the coroner or |
4 | | medical examiner shall report the death to the Department of |
5 | | Public Health. The Department of Public Health shall adopt |
6 | | rules regarding specific information that must be reported in |
7 | | the event of such a death. If possible, the coroner shall |
8 | | report the cause of the overdose. As used in this Section, |
9 | | "overdose" has the same meaning as it does in Section 414 of |
10 | | the Illinois Controlled Substances Act. The Department of |
11 | | Public Health shall issue a semiannual report to the General |
12 | | Assembly summarizing the reports received. The Department |
13 | | shall also provide on its website a monthly report of overdose |
14 | | death figures organized by location, age, and any other |
15 | | factors, the Department deems appropriate. |
16 | | In addition, in every case in which domestic violence is |
17 | | determined to be
a
contributing factor in a death, the coroner |
18 | | shall report the death to the
Illinois State Police.
|
19 | | All deaths in State institutions and all deaths of wards |
20 | | of the State or youth in care as defined in Section 4d of the |
21 | | Children and Family Services Act in
private care facilities or |
22 | | in programs funded by the Department of Human
Services under |
23 | | its powers relating to mental health and developmental
|
24 | | disabilities or alcoholism and substance
abuse or funded by |
25 | | the Department of Children and Family Services shall
be |
26 | | reported to the coroner of the county in which the facility is
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1 | | located. If the coroner has reason to believe that an |
2 | | investigation is
needed to determine whether the death was |
3 | | caused by maltreatment or
negligent care of the ward of the |
4 | | State or youth in care as defined in Section 4d of the Children |
5 | | and Family Services Act, the coroner may conduct a
preliminary |
6 | | investigation of the circumstances of such death as in cases |
7 | | of
death under circumstances set forth in paragraphs (a) |
8 | | through (e) of this
Section.
|
9 | | (Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21.)
|
10 | | (55 ILCS 5/5-1182) |
11 | | Sec. 5-1182. Charitable organizations; solicitation. |
12 | | (a) No county may prohibit a charitable organization, as |
13 | | defined in Section 2 of the Charitable Games Act, from |
14 | | soliciting for charitable purposes, including solicitations |
15 | | taking place on public roadways from passing motorists, if all |
16 | | of the following requirements are met. |
17 | | (1) The persons to be engaged in the solicitation are |
18 | | law enforcement personnel, firefighters, or other persons |
19 | | employed to protect the public safety of a local agency, |
20 | | and those persons are soliciting solely in an area that is |
21 | | within the service area of that local agency. |
22 | | (2) The charitable organization files an application |
23 | | with the county having jurisdiction over the location or |
24 | | locations where the solicitation is to occur. The |
25 | | applications shall be filed not later than 10 business |
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1 | | days before the date that the solicitation is to begin and |
2 | | shall include all of the following: |
3 | | (A) The date or dates and times of day when the |
4 | | solicitation is to occur. |
5 | | (B) The location or locations where the |
6 | | solicitation is to occur along with a list of 3 |
7 | | alternate locations listed in order of preference. |
8 | | (C) The manner and conditions under which the |
9 | | solicitation is to occur. |
10 | | (D) Proof of a valid liability insurance policy in |
11 | | the amount of at least $1,000,000 insuring the charity |
12 | | or local agency against bodily injury and property |
13 | | damage arising out of or in connection with the |
14 | | solicitation. |
15 | | The county shall approve the application within 5 business |
16 | | days after the filing date of the application, but may impose |
17 | | reasonable conditions in writing that are consistent with the |
18 | | intent of this Section and are based on articulated public |
19 | | safety concerns. If the county determines that the applicant's |
20 | | location cannot be permitted due to significant safety |
21 | | concerns, such as high traffic volumes, poor geometrics, |
22 | | construction, maintenance operations, or past crash accident |
23 | | history, then the county may deny the application for that |
24 | | location and must approve one of the 3 alternate locations |
25 | | following the order of preference submitted by the applicant |
26 | | on the alternate location list. By acting under this Section, |
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1 | | a local agency does not waive or limit any immunity from |
2 | | liability provided by any other provision of law. |
3 | | (b) For purposes of this Section, "local agency" means a |
4 | | county, special district, fire district, joint powers of |
5 | | authority, or other political subdivision of the State of |
6 | | Illinois. |
7 | | (c) A home rule unit may not regulate a charitable |
8 | | organization in a manner that is inconsistent with this |
9 | | Section. This Section is a limitation under subsection (i) of |
10 | | Section 6 of Article VII of the Illinois Constitution on the |
11 | | concurrent exercise by home rule units of powers and functions |
12 | | exercised by the State.
|
13 | | (Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13.)
|
14 | | Section 50. The Illinois Municipal Code is amended by |
15 | | changing Section 11-80-9 as follows:
|
16 | | (65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)
|
17 | | Sec. 11-80-9.
The corporate authorities of each |
18 | | municipality may prevent
and regulate all amusements and |
19 | | activities having a tendency to annoy or
endanger persons or |
20 | | property on the sidewalks, streets, and other municipal
|
21 | | property. However, no municipality may prohibit a charitable |
22 | | organization, as defined in Section 2 of the Charitable Games |
23 | | Act, from soliciting for charitable purposes, including |
24 | | solicitations taking place on public roadways from passing |
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1 | | motorists, if all of the following requirements are met.
|
2 | | (1) The persons to be engaged in the solicitation are |
3 | | law enforcement personnel, firefighters, or other persons |
4 | | employed to protect the public safety of a local agency, |
5 | | and that are soliciting solely in an area that is within |
6 | | the service area of that local agency. |
7 | | (2) The charitable organization files an application |
8 | | with the municipality having jurisdiction over the |
9 | | location or locations where the solicitation is to occur. |
10 | | The application shall be filed not later than 10 business |
11 | | days before the date that the solicitation is to begin and |
12 | | shall include all of the following: |
13 | | (A) The date or dates and times of day when the |
14 | | solicitation is to occur. |
15 | | (B) The location or locations where the |
16 | | solicitation is to occur along with a list of 3 |
17 | | alternate locations listed in order of preference. |
18 | | (C) The manner and conditions under which the |
19 | | solicitation is to occur. |
20 | | (D) Proof of a valid liability insurance policy in |
21 | | the amount of at least $1,000,000 insuring the charity |
22 | | or local agency against bodily injury and property |
23 | | damage arising out of or in connection with the |
24 | | solicitation. |
25 | | The municipality shall approve the application within 5 |
26 | | business days after the filing date of the application, but |
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1 | | may impose reasonable conditions in writing that are |
2 | | consistent with the intent of this Section and are based on |
3 | | articulated public safety concerns. If the municipality |
4 | | determines that the applicant's location cannot be permitted |
5 | | due to significant safety concerns, such as high traffic |
6 | | volumes, poor geometrics, construction, maintenance |
7 | | operations, or past crash accident history, then the |
8 | | municipality may deny the application for that location and |
9 | | must approve one of the 3 alternate locations following the |
10 | | order of preference submitted by the applicant on the |
11 | | alternate location list. By acting under this Section, a local |
12 | | agency does not waive or limit any immunity from liability |
13 | | provided by any other provision of law. |
14 | | For purposes of this Section, "local agency" means a |
15 | | municipality, special district, fire district, joint powers of |
16 | | authority, or other political subdivision of the State of |
17 | | Illinois. |
18 | | A home rule unit may not regulate a charitable |
19 | | organization in a manner that is inconsistent with this |
20 | | Section. This Section is a limitation under subsection (i) of |
21 | | Section 6 of Article VII of the Illinois Constitution on the |
22 | | concurrent exercise by home rule units of powers and functions |
23 | | exercised by the State. |
24 | | (Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13; |
25 | | 98-756, eff. 7-16-14.)
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1 | | Section 55. The Illinois Insurance Code is amended by |
2 | | changing Sections 143.01, 143.19, 143.19.1, 143.19.3, 143.24b, |
3 | | 143.29, 143.32, 143a, and 143a-2 as follows:
|
4 | | (215 ILCS 5/143.01) (from Ch. 73, par. 755.01)
|
5 | | Sec. 143.01.
(a) A provision in a policy of vehicle |
6 | | insurance described in Section 4
excluding coverage for bodily |
7 | | injury to members of the family of the
insured shall not be |
8 | | applicable when a third party acquires a right
of contribution |
9 | | against a member of the injured person's family.
|
10 | | (b) A provision in a policy of vehicle insurance excluding |
11 | | coverage for
bodily injury to members of the family of the |
12 | | insured shall not be applicable
when any person not in the |
13 | | household of the insured was driving the vehicle
of the |
14 | | insured involved in the crash accident which is the subject of |
15 | | the claim or lawsuit.
|
16 | | This subsection (b) applies to any action filed on or |
17 | | after its effective date.
|
18 | | (Source: P.A. 83-1132.)
|
19 | | (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
|
20 | | (Text of Section before amendment by P.A. 101-652 )
|
21 | | Sec. 143.19. Cancellation of automobile insurance policy; |
22 | | grounds. After a policy of automobile insurance as defined in |
23 | | Section
143.13(a) has been effective for 60 days, or if such |
24 | | policy is a renewal
policy, the insurer shall not exercise its |
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1 | | option to cancel such policy
except for one or more of the |
2 | | following reasons:
|
3 | | a. Nonpayment of premium;
|
4 | | b. The policy was obtained through a material |
5 | | misrepresentation;
|
6 | | c. Any insured violated any of the terms and |
7 | | conditions of the
policy;
|
8 | | d. The named insured failed to disclose fully his |
9 | | motor vehicle crashes
accidents and moving traffic |
10 | | violations for the preceding 36 months if
called for in |
11 | | the application;
|
12 | | e. Any insured made a false or fraudulent claim or |
13 | | knowingly aided
or abetted another in the presentation of |
14 | | such a claim;
|
15 | | f. The named insured or any other operator who either |
16 | | resides in the
same household or customarily operates an |
17 | | automobile insured under such
policy:
|
18 | | 1. has, within the 12 months prior to the notice of
|
19 | | cancellation, had his driver's license under |
20 | | suspension or revocation;
|
21 | | 2. is or becomes subject to epilepsy or heart |
22 | | attacks, and such
individual does not produce a |
23 | | certificate from a physician testifying to
his |
24 | | unqualified ability to operate a motor vehicle safely;
|
25 | | 3. has a crash an accident record, conviction |
26 | | record (criminal or traffic),
physical, or mental |
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1 | | condition which is such that his operation of an
|
2 | | automobile might endanger the public safety;
|
3 | | 4. has, within the 36 months prior to the notice of |
4 | | cancellation,
been addicted to the use of narcotics or |
5 | | other drugs; or
|
6 | | 5. has been convicted, or forfeited bail, during |
7 | | the 36 months
immediately preceding the notice of |
8 | | cancellation, for any felony,
criminal negligence |
9 | | resulting in death, homicide or assault arising out
of |
10 | | the operation of a motor vehicle, operating a motor |
11 | | vehicle while in
an intoxicated condition or while |
12 | | under the influence of drugs, being
intoxicated while |
13 | | in, or about, an automobile or while having custody of
|
14 | | an automobile, leaving the scene of a crash an |
15 | | accident without stopping to
report, theft or unlawful |
16 | | taking of a motor vehicle, making false
statements in |
17 | | an application for an operator's or chauffeur's |
18 | | license or
has been convicted or forfeited bail for 3 |
19 | | or more violations within the
12 months immediately |
20 | | preceding the notice of cancellation, of any law,
|
21 | | ordinance, or regulation limiting the speed of motor |
22 | | vehicles or any of
the provisions of the motor vehicle |
23 | | laws of any state, violation of
which constitutes a |
24 | | misdemeanor, whether or not the violations were
|
25 | | repetitions of the same offense or different offenses;
|
26 | | g. The insured automobile is:
|
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1 | | 1. so mechanically defective that its operation |
2 | | might endanger
public safety;
|
3 | | 2. used in carrying passengers for hire or |
4 | | compensation (the use of
an automobile for a car pool |
5 | | shall not be considered use of an automobile
for hire |
6 | | or compensation);
|
7 | | 3. used in the business of transportation of |
8 | | flammables
or explosives;
|
9 | | 4. an authorized emergency vehicle;
|
10 | | 5. changed in shape or condition during the policy |
11 | | period so as to
increase the risk substantially; or
|
12 | | 6. subject to an inspection law and has not been |
13 | | inspected or, if
inspected, has failed to qualify.
|
14 | | Nothing in this Section shall apply to nonrenewal.
|
15 | | (Source: P.A. 100-201, eff. 8-18-17.)
|
16 | | (Text of Section after amendment by P.A. 101-652 )
|
17 | | Sec. 143.19. Cancellation of automobile insurance policy; |
18 | | grounds. After a policy of automobile insurance as defined in |
19 | | Section
143.13(a) has been effective for 60 days, or if such |
20 | | policy is a renewal
policy, the insurer shall not exercise its |
21 | | option to cancel such policy
except for one or more of the |
22 | | following reasons:
|
23 | | a. Nonpayment of premium;
|
24 | | b. The policy was obtained through a material |
25 | | misrepresentation;
|
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1 | | c. Any insured violated any of the terms and |
2 | | conditions of the
policy;
|
3 | | d. The named insured failed to disclose fully his |
4 | | motor vehicle
crashes accidents and moving traffic |
5 | | violations for the preceding 36 months if
called for in |
6 | | the application;
|
7 | | e. Any insured made a false or fraudulent claim or |
8 | | knowingly aided
or abetted another in the presentation of |
9 | | such a claim;
|
10 | | f. The named insured or any other operator who either |
11 | | resides in the
same household or customarily operates an |
12 | | automobile insured under such
policy:
|
13 | | 1. has, within the 12 months prior to the notice of
|
14 | | cancellation, had his driver's license under |
15 | | suspension or revocation;
|
16 | | 2. is or becomes subject to epilepsy or heart |
17 | | attacks, and such
individual does not produce a |
18 | | certificate from a physician testifying to
his |
19 | | unqualified ability to operate a motor vehicle safely;
|
20 | | 3. has a crash an accident record, conviction |
21 | | record (criminal or traffic),
physical, or mental |
22 | | condition which is such that his operation of an
|
23 | | automobile might endanger the public safety;
|
24 | | 4. has, within the 36 months prior to the notice of |
25 | | cancellation,
been addicted to the use of narcotics or |
26 | | other drugs; or
|
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1 | | 5. has been convicted, or violated conditions of |
2 | | pretrial release, during the 36 months
immediately |
3 | | preceding the notice of cancellation, for any felony,
|
4 | | criminal negligence resulting in death, homicide or |
5 | | assault arising out
of the operation of a motor |
6 | | vehicle, operating a motor vehicle while in
an |
7 | | intoxicated condition or while under the influence of |
8 | | drugs, being
intoxicated while in, or about, an |
9 | | automobile or while having custody of
an automobile, |
10 | | leaving the scene of a crash an accident without |
11 | | stopping to
report, theft or unlawful taking of a |
12 | | motor vehicle, making false
statements in an |
13 | | application for an operator's or chauffeur's license |
14 | | or
has been convicted or pretrial release has been |
15 | | revoked for 3 or more violations within the
12 months |
16 | | immediately preceding the notice of cancellation, of |
17 | | any law,
ordinance, or regulation limiting the speed |
18 | | of motor vehicles or any of
the provisions of the motor |
19 | | vehicle laws of any state, violation of
which |
20 | | constitutes a misdemeanor, whether or not the |
21 | | violations were
repetitions of the same offense or |
22 | | different offenses;
|
23 | | g. The insured automobile is:
|
24 | | 1. so mechanically defective that its operation |
25 | | might endanger
public safety;
|
26 | | 2. used in carrying passengers for hire or |
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1 | | compensation (the use of
an automobile for a car pool |
2 | | shall not be considered use of an automobile
for hire |
3 | | or compensation);
|
4 | | 3. used in the business of transportation of |
5 | | flammables
or explosives;
|
6 | | 4. an authorized emergency vehicle;
|
7 | | 5. changed in shape or condition during the policy |
8 | | period so as to
increase the risk substantially; or
|
9 | | 6. subject to an inspection law and has not been |
10 | | inspected or, if
inspected, has failed to qualify.
|
11 | | Nothing in this Section shall apply to nonrenewal.
|
12 | | (Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)
|
13 | | (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
|
14 | | (Text of Section before amendment by P.A. 101-652 )
|
15 | | Sec. 143.19.1. Limits on exercise of right of nonrenewal. |
16 | | After a
policy of automobile insurance, as defined in
Section |
17 | | 143.13, has been effective or renewed for 5 or more years, the
|
18 | | company shall not exercise its right of non-renewal unless:
|
19 | | a. The policy was obtained through a material |
20 | | misrepresentation; or
|
21 | | b. Any insured violated any of the terms and conditions of |
22 | | the
policy; or
|
23 | | c. The named insured failed to disclose fully his motor |
24 | | vehicle crashes
accidents and moving traffic violations for |
25 | | the preceding 36 months, if
such information is called for in |
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1 | | the application; or
|
2 | | d. Any insured made a false or fraudulent claim or |
3 | | knowingly aided
or abetted another in the presentation of such |
4 | | a claim; or
|
5 | | e. The named insured or any other operator who either |
6 | | resides in the
same household or customarily operates an |
7 | | automobile insured under such
a policy:
|
8 | | 1. Has, within the 12 months prior to the notice of |
9 | | non-renewal had
his drivers license under suspension or |
10 | | revocation; or
|
11 | | 2. Is or becomes subject to epilepsy or heart attacks, |
12 | | and such
individual does not produce a certificate from a |
13 | | physician testifying to
his unqualified ability to operate |
14 | | a motor vehicle safely; or
|
15 | | 3. Has a crash an accident record, conviction record |
16 | | (criminal or traffic),
or a physical or mental condition |
17 | | which is such that his operation of an
automobile might |
18 | | endanger the public safety; or
|
19 | | 4. Has, within the 36 months prior to the notice of |
20 | | non-renewal,
been addicted to the use of narcotics or |
21 | | other drugs; or
|
22 | | 5. Has been convicted or forfeited bail, during the 36 |
23 | | months
immediately preceding the notice of non-renewal, |
24 | | for any felony,
criminal negligence resulting in death, |
25 | | homicide or assault arising out
of the operation of a |
26 | | motor vehicle, operating a motor vehicle while in
an |
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1 | | intoxicated condition or while under the influence of |
2 | | drugs, being
intoxicated while in or about an automobile |
3 | | or while having custody of
an automobile, leaving the |
4 | | scene of a crash an accident without stopping to
report, |
5 | | theft or unlawful taking of a motor vehicle, making false
|
6 | | statements in an application for an operators or |
7 | | chauffeurs license, or
has been convicted or forfeited |
8 | | bail for 3 or more violations within the
12 months |
9 | | immediately preceding the notice of non-renewal, of any |
10 | | law,
ordinance or regulation limiting the speed of motor |
11 | | vehicles or any
of the provisions of the motor vehicle |
12 | | laws of any state, violation of
which constitutes a |
13 | | misdemeanor, whether or not the violations were
|
14 | | repetitions of the same offense or different offenses; or
|
15 | | f. The insured automobile is:
|
16 | | 1. So mechanically defective that its operation might |
17 | | endanger
public safety; or
|
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 or |
21 | | compensation); or
|
22 | | 3. Used in the business of transportation of |
23 | | flammables or
explosives; or
|
24 | | 4. An authorized emergency vehicle; or
|
25 | | 5. Changed in shape or condition during the policy |
26 | | period so as to
increase the risk substantially; or
|
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1 | | 6. Subject to an inspection law and it has not been |
2 | | inspected or, if
inspected, has failed to qualify; or
|
3 | | g. The notice of the intention
not to renew is mailed to |
4 | | the insured at least 60 days before the date of
nonrenewal as |
5 | | provided in Section 143.17.
|
6 | | (Source: P.A. 89-669, eff. 1-1-97.)
|
7 | | (Text of Section after amendment by P.A. 101-652 )
|
8 | | Sec. 143.19.1. Limits on exercise of right of nonrenewal. |
9 | | After a
policy of automobile insurance, as defined in
Section |
10 | | 143.13, has been effective or renewed for 5 or more years, the
|
11 | | company shall not exercise its right of non-renewal unless:
|
12 | | a. The policy was obtained through a material |
13 | | misrepresentation; or
|
14 | | b. Any insured violated any of the terms and conditions of |
15 | | the
policy; or
|
16 | | c. The named insured failed to disclose fully his motor |
17 | | vehicle crashes
accidents and moving traffic violations for |
18 | | the preceding 36 months, if
such information is called for in |
19 | | the application; or
|
20 | | d. Any insured made a false or fraudulent claim or |
21 | | knowingly aided
or abetted another in the presentation of such |
22 | | a claim; or
|
23 | | e. The named insured or any other operator who either |
24 | | resides in the
same household or customarily operates an |
25 | | automobile insured under such
a policy:
|
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1 | | 1. Has, within the 12 months prior to the notice of |
2 | | non-renewal had
his drivers license under suspension or |
3 | | revocation; or
|
4 | | 2. Is or becomes subject to epilepsy or heart attacks, |
5 | | and such
individual does not produce a certificate from a |
6 | | physician testifying to
his unqualified ability to operate |
7 | | a motor vehicle safely; or
|
8 | | 3. Has a crash an accident record, conviction record |
9 | | (criminal or traffic),
or a physical or mental condition |
10 | | which is such that his operation of an
automobile might |
11 | | endanger the public safety; or
|
12 | | 4. Has, within the 36 months prior to the notice of |
13 | | non-renewal,
been addicted to the use of narcotics or |
14 | | other drugs; or
|
15 | | 5. Has been convicted or pretrial release has been |
16 | | revoked, during the 36 months
immediately preceding the |
17 | | notice of non-renewal, for any felony,
criminal negligence |
18 | | resulting in death, homicide or assault arising out
of the |
19 | | operation of a motor vehicle, operating a motor vehicle |
20 | | while in
an intoxicated condition or while under the |
21 | | influence of drugs, being
intoxicated while in or about an |
22 | | automobile or while having custody of
an automobile, |
23 | | leaving the scene of a crash an accident without stopping |
24 | | to
report, theft or unlawful taking of a motor vehicle, |
25 | | making false
statements in an application for an operators |
26 | | or chauffeurs license, or
has been convicted or pretrial |
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1 | | release has been revoked for 3 or more violations within |
2 | | the
12 months immediately preceding the notice of |
3 | | non-renewal, of any law,
ordinance or regulation limiting |
4 | | the speed of motor vehicles or any
of the provisions of the |
5 | | motor vehicle laws of any state, violation of
which |
6 | | constitutes a misdemeanor, whether or not the violations |
7 | | were
repetitions of the same offense or different |
8 | | offenses; or
|
9 | | f. The insured automobile is:
|
10 | | 1. So mechanically defective that its operation might |
11 | | endanger
public safety; or
|
12 | | 2. Used in carrying passengers for hire or |
13 | | compensation (the use of
an automobile for a car pool |
14 | | shall not be considered use of an
automobile for hire or |
15 | | compensation); or
|
16 | | 3. Used in the business of transportation of |
17 | | flammables or
explosives; or
|
18 | | 4. An authorized emergency vehicle; or
|
19 | | 5. Changed in shape or condition during the policy |
20 | | period so as to
increase the risk substantially; or
|
21 | | 6. Subject to an inspection law and it has not been |
22 | | inspected or, if
inspected, has failed to qualify; or
|
23 | | g. The notice of the intention
not to renew is mailed to |
24 | | the insured at least 60 days before the date of
nonrenewal as |
25 | | provided in Section 143.17.
|
26 | | (Source: P.A. 101-652, eff. 1-1-23.)
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1 | | (215 ILCS 5/143.19.3) |
2 | | Sec. 143.19.3. Prohibition of rate increase for persons |
3 | | involved in emergency use of vehicles. |
4 | | (a) No insurer authorized to transact or transacting |
5 | | business in this State, or controlling or controlled by or |
6 | | under common control by or with an insurer authorized to |
7 | | transact or transacting business in this State, that sells a |
8 | | personal policy of automobile insurance in this State shall |
9 | | increase the policy premium, cancel the policy, or refuse to |
10 | | renew the policy solely because the insured or any other |
11 | | person who customarily operates an automobile covered by the |
12 | | policy has been involved in a crash had an accident while |
13 | | operating an automobile in response to an emergency when the |
14 | | insured was responding to a call to duty as a volunteer EMS |
15 | | provider, as defined in Section 1-220 of the Illinois Vehicle |
16 | | Code. |
17 | | (b) The provisions of subsection (a) also apply to all |
18 | | personal umbrella policies.
|
19 | | (Source: P.A. 100-657, eff. 8-1-18.)
|
20 | | (215 ILCS 5/143.24b) (from Ch. 73, par. 755.24b)
|
21 | | Sec. 143.24b.
Any insurer insuring any person or
entity |
22 | | against damages
arising out of a vehicular crash accident |
23 | | shall disclose the dollar amount of
liability coverage under |
24 | | the insured's personal private passenger
automobile liability |
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1 | | insurance policy upon receipt of the
following: (a) a |
2 | | certified letter from a claimant or any attorney
purporting to |
3 | | represent any claimant which requests such disclosure and
(b) |
4 | | a brief description of the nature and extent of the injuries,
|
5 | | accompanied by a statement of the amount of medical bills |
6 | | incurred to date
and copies of medical records. The disclosure |
7 | | shall be confidential and available
only to the claimant, his |
8 | | attorney and personnel
in the office of the attorney entitled |
9 | | to access to the claimant's files.
The insurer shall forward |
10 | | the information to the party requesting it by
certified mail, |
11 | | return receipt requested, within 30 days of receipt of the |
12 | | request.
|
13 | | (Source: P.A. 85-1209.)
|
14 | | (215 ILCS 5/143.29) (from Ch. 73, par. 755.29)
|
15 | | Sec. 143.29.
(a) The rates and premium charges for every |
16 | | policy of automobile
liability insurance shall include |
17 | | appropriate reductions as determined
by the insurer for any |
18 | | insured
over age 55 upon successful completion of the National |
19 | | Safety Council's
Defensive Driving Course or a motor vehicle |
20 | | crash accident prevention course, including an eLearning |
21 | | course, that
is found by the Secretary of State to meet or |
22 | | exceed the standards of the
National Safety Council's |
23 | | Defensive Driving Course's 8 hour classroom safety
instruction |
24 | | program.
|
25 | | (b) The premium reduction shall remain in effect for the |
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1 | | qualifying insured
for a period of 3 years from the date of |
2 | | successful completion of the crash accident
prevention course, |
3 | | except that the insurer may elect to apply the premium
|
4 | | reduction beginning either with the last effective date of the |
5 | | policy or
the next renewal date of the policy if the reduction |
6 | | will result in a savings
as though applied over a full 3 year |
7 | | period. An insured who has completed
the course of instruction |
8 | | prior to July 1, 1982 shall receive the insurance
premium |
9 | | reduction
for only the period remaining within the 3 years |
10 | | from course completion.
The period of premium reduction for an |
11 | | insured who has repeated the crash accident
prevention course |
12 | | shall be based upon the last such course the insured has
|
13 | | successfully completed.
|
14 | | (c) Any crash accident prevention course approved by the |
15 | | Secretary of State
under this Section shall be taught by an |
16 | | instructor approved by the Secretary
of State, shall consist |
17 | | of at least 8 hours of classroom or eLearning equivalent |
18 | | instruction and
shall provide for a certificate of completion. |
19 | | Records of certification
of course completion shall be |
20 | | maintained in a manner acceptable to the Secretary
of State.
|
21 | | (d) Any person claiming eligibility for a rate or premium |
22 | | reduction shall
be responsible for providing to his insurance |
23 | | company the information necessary
to determine eligibility.
|
24 | | (e) This Section shall not apply to:
|
25 | | (1) any motor vehicle which is a part of a fleet or is |
26 | | used for commercial
purposes unless there is a regularly |
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1 | | assigned principal operator.
|
2 | | (2) any motor vehicle subject to a higher premium rate |
3 | | because of the
insured's previous motor vehicle claim |
4 | | experience or to any motor vehicle
whose principal |
5 | | operator has been convicted of violating any of the
motor |
6 | | vehicle laws of this State, until that operator
shall have |
7 | | maintained a driving record free of crashes
accidents and |
8 | | moving violations for
a continuous one year period,
in |
9 | | which case such driver shall be eligible for a reduction |
10 | | the remaining
2 years of the 3 year period.
|
11 | | (3) any motor vehicle whose principal operator has had |
12 | | his drivers license
revoked or suspended for any reason by |
13 | | the Secretary of State within the
previous 36 months.
|
14 | | (4) any policy of group automobile insurance under |
15 | | which premiums are
broadly averaged for the group rather |
16 | | than determined individually.
|
17 | | (Source: P.A. 102-397, eff. 1-1-22 .)
|
18 | | (215 ILCS 5/143.32)
|
19 | | Sec. 143.32. Replacement of child restraint systems. A |
20 | | policy of
automobile
insurance, as defined in Section 143.13, |
21 | | that is amended, delivered, issued, or
renewed
after the |
22 | | effective date of this amendatory Act of the 91st General |
23 | | Assembly
must include
coverage for replacement of a child |
24 | | restraint system that was in use by a child
during a crash an
|
25 | | accident to which coverage is applicable. As used in this |
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1 | | Section, "child
restraint system"
has the meaning given that |
2 | | term in the Child Passenger Restraint Act.
|
3 | | (Source: P.A. 91-749, eff. 6-2-00.)
|
4 | | (215 ILCS 5/143a) (from Ch. 73, par. 755a)
|
5 | | Sec. 143a. Uninsured and hit and run motor vehicle |
6 | | coverage.
|
7 | | (1) No policy insuring against
loss resulting from |
8 | | liability imposed by law for bodily injury or death
suffered |
9 | | by any person arising out of the ownership, maintenance or use
|
10 | | of a motor vehicle that is designed for use on public highways |
11 | | and that
is either required to be registered in this State or |
12 | | is principally garaged
in this State shall be renewed, |
13 | | delivered, or issued for delivery
in this State unless |
14 | | coverage is provided therein or
supplemental thereto, in |
15 | | limits for bodily injury or death set forth in
Section 7-203 of |
16 | | the Illinois Vehicle Code for the
protection of persons |
17 | | insured thereunder who are legally entitled to
recover damages |
18 | | from owners or operators of uninsured motor vehicles and
|
19 | | hit-and-run motor vehicles because of bodily injury, sickness |
20 | | or
disease, including death, resulting therefrom. Uninsured |
21 | | motor vehicle
coverage does not apply to bodily injury, |
22 | | sickness, disease, or death resulting
therefrom, of an insured |
23 | | while occupying a motor vehicle owned by, or furnished
or |
24 | | available for the regular use of the insured, a resident |
25 | | spouse or resident
relative, if that motor vehicle is not |
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1 | | described in the policy under which a
claim is made or is not a |
2 | | newly acquired or replacement motor vehicle covered
under the |
3 | | terms of the policy. The limits for any coverage for any |
4 | | vehicle
under the policy may not be aggregated with the limits |
5 | | for any similar
coverage, whether provided by the same insurer |
6 | | or another insurer, applying to
other motor vehicles, for |
7 | | purposes of determining the total limit of insurance
coverage |
8 | | available for bodily injury or death suffered by a person in |
9 | | any one
crash accident . No
policy shall be renewed, delivered, |
10 | | or issued for delivery in this
State unless it is provided |
11 | | therein that any dispute
with respect to the coverage and the |
12 | | amount of damages shall be submitted
for arbitration to the
|
13 | | American Arbitration Association and be subject to its rules |
14 | | for the conduct
of arbitration hearings
as to all matters |
15 | | except medical opinions. As to medical opinions, if the
amount |
16 | | of damages being sought is equal to or less than the amount |
17 | | provided for
in Section 7-203 of the Illinois Vehicle Code, |
18 | | then the current American
Arbitration Association Rules shall |
19 | | apply. If the amount being sought in an
American Arbitration |
20 | | Association case exceeds that amount as set forth in
Section |
21 | | 7-203 of the Illinois Vehicle Code, then the Rules of Evidence |
22 | | that
apply in the circuit court for placing medical opinions |
23 | | into evidence shall
govern. Alternatively, disputes with |
24 | | respect to damages and the coverage shall
be
determined in the
|
25 | | following
manner: Upon the insured requesting arbitration, |
26 | | each party to the
dispute shall select an arbitrator and the 2 |
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1 | | arbitrators so named
shall select a third arbitrator. If such |
2 | | arbitrators are not selected
within 45 days from such request, |
3 | | either party may request that the
arbitration be submitted to |
4 | | the American Arbitration Association.
Any decision made by the |
5 | | arbitrators shall be binding for the amount of
damages not |
6 | | exceeding $75,000 for bodily injury to or
death of any one |
7 | | person, $150,000 for bodily injury to or death of 2 or more
|
8 | | persons in any one motor vehicle crash accident ,
or the |
9 | | corresponding policy limits for bodily injury or death, |
10 | | whichever is
less.
All 3-person arbitration cases proceeding |
11 | | in accordance with any uninsured
motorist
coverage conducted |
12 | | in this State in
which the claimant is only seeking monetary |
13 | | damages up to the limits
set forth in Section 7-203 of the |
14 | | Illinois Vehicle Code
shall be subject to the following rules:
|
15 | | (A) If at least 60 days' written
notice of the |
16 | | intention to offer the following documents in evidence is |
17 | | given
to every other party, accompanied by a copy of the |
18 | | document, a party may offer
in evidence, without |
19 | | foundation or other proof:
|
20 | | (1) bills, records, and reports of hospitals, |
21 | | doctors, dentists,
registered nurses, licensed |
22 | | practical nurses, physical therapists, and other
|
23 | | healthcare providers;
|
24 | | (2) bills for drugs, medical appliances, and |
25 | | prostheses;
|
26 | | (3) property repair bills or estimates, when |
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1 | | identified and itemized
setting forth the charges for |
2 | | labor and material used or proposed for use in
the |
3 | | repair of the property;
|
4 | | (4) a report of the rate of earnings and time lost |
5 | | from work or lost
compensation prepared by an |
6 | | employer;
|
7 | | (5) the written opinion of an opinion witness, the |
8 | | deposition of a
witness, and the statement of a |
9 | | witness that the witness would be allowed to
express |
10 | | if testifying in person, if the opinion or statement |
11 | | is made by
affidavit or by
certification as provided |
12 | | in Section 1-109 of the Code of Civil Procedure;
|
13 | | (6) any other document not specifically covered by |
14 | | any of the foregoing
provisions that is otherwise |
15 | | admissible under the rules of evidence.
|
16 | | Any party receiving a notice under this paragraph (A) |
17 | | may apply to the
arbitrator or panel of arbitrators, as |
18 | | the case may be, for the issuance of a
subpoena directed to |
19 | | the author or maker or custodian of the document that is
|
20 | | the subject of the notice, requiring the person subpoenaed |
21 | | to produce copies of
any additional documents as may be |
22 | | related to the subject matter of the
document that is the |
23 | | subject of the notice. Any such subpoena shall be issued
|
24 | | in substantially similar form and served by notice as |
25 | | provided by Illinois
Supreme Court Rule 204(a)(4). Any |
26 | | such subpoena shall be returnable not
less than 5 days |
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1 | | before the arbitration hearing.
|
2 | | (B) Notwithstanding the provisions of Supreme Court |
3 | | Rule 213(g), a party
who proposes to use a written opinion |
4 | | of an expert or opinion witness or the
testimony of
an |
5 | | expert or opinion witness at the hearing may do so |
6 | | provided a written notice
of that
intention is given to |
7 | | every other party not less than 60 days prior to the date
|
8 | | of hearing, accompanied by a statement containing the |
9 | | identity of the
witness, his or her qualifications, the |
10 | | subject matter, the basis of the
witness's conclusions,
|
11 | | and his or her opinion.
|
12 | | (C) Any other party may subpoena the author or maker |
13 | | of a document
admissible under this subsection, at that |
14 | | party's expense, and examine the
author
or maker as if |
15 | | under cross-examination. The provisions of Section 2-1101 |
16 | | of
the
Code of Civil Procedure shall be applicable to |
17 | | arbitration hearings, and it
shall be the duty of a party |
18 | | requesting the subpoena to modify the form to show
that |
19 | | the appearance is set before an arbitration panel and to |
20 | | give the time and
place set for the hearing.
|
21 | | (D) The provisions of Section 2-1102 of the Code of |
22 | | Civil Procedure shall
be
applicable to arbitration |
23 | | hearings under this subsection.
|
24 | | (2) No policy insuring
against loss resulting from |
25 | | liability imposed by law for property damage
arising out of |
26 | | the ownership, maintenance, or use of a motor vehicle shall
be |
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1 | | renewed, delivered, or issued for delivery in this State with |
2 | | respect
to any private passenger or recreational motor vehicle |
3 | | that is
designed for use on public highways and that is either |
4 | | required to be
registered in this State or is principally |
5 | | garaged in this State and
is not covered by collision |
6 | | insurance under the provisions of such
policy, unless coverage |
7 | | is made available in the amount of the actual
cash value of the |
8 | | motor vehicle described in the policy or $15,000
whichever is |
9 | | less, subject to a $250 deductible, for the protection of
|
10 | | persons insured thereunder who are legally entitled to recover |
11 | | damages from
owners or operators of uninsured motor vehicles |
12 | | and hit-and-run motor
vehicles because of property damage to |
13 | | the motor vehicle described in the
policy.
|
14 | | There shall be no liability imposed under the uninsured |
15 | | motorist
property damage coverage required by this subsection |
16 | | if the owner or
operator of the at-fault uninsured motor |
17 | | vehicle or hit-and-run motor
vehicle cannot be identified. |
18 | | This subsection shall not apply to any
policy which does not |
19 | | provide primary motor vehicle liability insurance for
|
20 | | liabilities arising from the maintenance, operation, or use of |
21 | | a
specifically insured motor vehicle.
|
22 | | Each insurance company providing motor vehicle property |
23 | | damage liability
insurance shall advise applicants of the |
24 | | availability of uninsured motor
vehicle property damage |
25 | | coverage, the premium therefor, and provide a brief
|
26 | | description of the coverage. That information
need be given |
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1 | | only once and shall not be required in any subsequent renewal,
|
2 | | reinstatement or reissuance, substitute, amended, replacement |
3 | | or
supplementary policy. No written rejection shall be |
4 | | required, and
the absence of a premium payment for uninsured |
5 | | motor vehicle property damage
shall constitute conclusive |
6 | | proof that the applicant or policyholder has
elected not to |
7 | | accept uninsured motorist property damage coverage.
|
8 | | An insurance company issuing uninsured motor vehicle
|
9 | | property damage coverage may provide that:
|
10 | | (i) Property damage losses recoverable thereunder |
11 | | shall be limited to
damages caused by the actual physical |
12 | | contact of an uninsured motor vehicle
with the insured |
13 | | motor vehicle.
|
14 | | (ii) There shall be no coverage for loss of use of the |
15 | | insured motor
vehicle and no coverage for loss or damage |
16 | | to personal property located in
the insured motor vehicle.
|
17 | | (iii) Any claim submitted shall include the name and |
18 | | address of the
owner of the at-fault uninsured motor |
19 | | vehicle, or a registration number and
description of the |
20 | | vehicle, or any other available information to
establish |
21 | | that there is no applicable motor vehicle property damage |
22 | | liability
insurance.
|
23 | | Any dispute with respect to the coverage and the amount of
|
24 | | damages shall be submitted for
arbitration to the American |
25 | | Arbitration Association and be subject to its
rules for the |
26 | | conduct of arbitration hearings or for determination in
the |
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1 | | following manner: Upon the insured requesting arbitration, |
2 | | each party
to the dispute shall select an arbitrator and the 2 |
3 | | arbitrators so named
shall select a third arbitrator. If such |
4 | | arbitrators are not selected
within 45 days from such request, |
5 | | either party may request that the
arbitration be submitted to |
6 | | the American Arbitration Association.
Any arbitration |
7 | | proceeding under this subsection seeking recovery for
property |
8 | | damages shall be
subject to the following rules:
|
9 | | (A) If at least 60 days' written
notice of the |
10 | | intention to offer the following documents in evidence is |
11 | | given
to every other party, accompanied by a copy of the |
12 | | document, a party may offer
in evidence, without |
13 | | foundation or other proof:
|
14 | | (1) property repair bills or estimates, when |
15 | | identified and itemized
setting forth the charges for |
16 | | labor and material used or proposed for use in
the |
17 | | repair of the property;
|
18 | | (2) the written opinion of an opinion witness, the |
19 | | deposition of a
witness, and the statement of a |
20 | | witness that the witness would be allowed to
express |
21 | | if testifying in person, if the opinion or statement |
22 | | is made by
affidavit or by
certification as provided |
23 | | in Section 1-109 of the Code of Civil Procedure;
|
24 | | (3) any other document not specifically covered by |
25 | | any of the foregoing
provisions that is otherwise |
26 | | admissible under the rules of evidence.
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1 | | Any party receiving a notice under this paragraph (A) |
2 | | may apply to the
arbitrator or panel of arbitrators, as |
3 | | the case may be, for the issuance of a
subpoena directed to |
4 | | the author or maker or custodian of the document that is
|
5 | | the subject of the notice, requiring the person subpoenaed |
6 | | to produce copies of
any additional documents as may be |
7 | | related to the subject matter of the
document that is the |
8 | | subject of the notice. Any such subpoena shall be issued
|
9 | | in substantially similar form and served by notice as |
10 | | provided by Illinois
Supreme Court Rule 204(a)(4). Any |
11 | | such subpoena shall be returnable not
less than 5 days |
12 | | before the arbitration hearing.
|
13 | | (B) Notwithstanding the provisions of Supreme Court |
14 | | Rule 213(g), a party
who proposes to use a written opinion |
15 | | of an expert or opinion witness or the
testimony of
an |
16 | | expert or opinion witness at the hearing may do so |
17 | | provided a written notice
of that
intention is given to |
18 | | every other party not less than 60 days prior to the date
|
19 | | of hearing, accompanied by a statement containing the |
20 | | identity of the
witness, his or her qualifications, the |
21 | | subject matter, the basis of the
witness's conclusions,
|
22 | | and his or her opinion.
|
23 | | (C) Any other party may subpoena the author or maker |
24 | | of a document
admissible under this subsection, at that |
25 | | party's expense, and examine the
author
or maker as if |
26 | | under cross-examination. The provisions of Section 2-1101 |
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1 | | of
the
Code of Civil Procedure shall be applicable to |
2 | | arbitration hearings, and it
shall be the duty of a party |
3 | | requesting the subpoena to modify the form to show
that |
4 | | the appearance is set before an arbitration panel and to |
5 | | give the time and
place set for the hearing.
|
6 | | (D) The provisions of Section 2-1102 of the Code of |
7 | | Civil Procedure shall
be
applicable to arbitration |
8 | | hearings under this subsection.
|
9 | | (3) For the purpose of the coverage, the term "uninsured |
10 | | motor
vehicle" includes, subject to the terms and conditions |
11 | | of the coverage,
a motor vehicle where on, before , or after the |
12 | | accident date of the crash the
liability insurer thereof is |
13 | | unable to make payment with respect to the
legal liability of |
14 | | its insured within the limits specified in the policy
because |
15 | | of the entry by a court of competent jurisdiction of an order |
16 | | of
rehabilitation or liquidation by reason of insolvency on or |
17 | | after the
accident date of the crash . An insurer's extension |
18 | | of coverage, as provided in this
subsection, shall be |
19 | | applicable to all crashes accidents occurring after July
1, |
20 | | 1967 during a policy period in which its insured's uninsured |
21 | | motor
vehicle coverage is in effect. Nothing in this Section |
22 | | may be construed
to prevent any insurer from extending |
23 | | coverage under terms and
conditions more favorable to its |
24 | | insureds than is required by this Section.
|
25 | | (4) In the event of payment to any person under the |
26 | | coverage
required by this Section and subject to the terms and |
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1 | | conditions of the
coverage, the insurer making the payment |
2 | | shall, to the extent thereof,
be entitled to the proceeds of |
3 | | any settlement or judgment resulting from
the exercise of any |
4 | | rights of recovery of the person against any person
or |
5 | | organization legally responsible for the property damage, |
6 | | bodily
injury or death for which the payment is made, |
7 | | including the proceeds
recoverable from the assets of the |
8 | | insolvent insurer. With respect to
payments made by reason of |
9 | | the coverage described in subsection (3), the
insurer making |
10 | | such payment shall not be entitled to any right of recovery
|
11 | | against the tortfeasor in excess of the proceeds recovered |
12 | | from the assets
of the insolvent insurer of the tortfeasor.
|
13 | | (5) This amendatory Act of 1967 (Laws of Illinois 1967, |
14 | | page 875) shall not be construed to terminate
or reduce any |
15 | | insurance coverage or any right of any party under this
Code in |
16 | | effect before July 1, 1967. Public Act 86-1155 shall not
be |
17 | | construed to terminate or reduce any insurance coverage or any |
18 | | right of
any party under this Code in effect before its |
19 | | effective date.
|
20 | | (6) Failure of the motorist from whom the claimant is |
21 | | legally
entitled to recover damages to file the appropriate |
22 | | forms with the
Safety Responsibility Section of the Department |
23 | | of Transportation within
120 days of the accident date of the |
24 | | crash shall create a rebuttable presumption that
the motorist |
25 | | was uninsured at the time of the injurious occurrence.
|
26 | | (7) An insurance carrier may upon good cause require the
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1 | | insured to commence a legal action against the owner or |
2 | | operator of an
uninsured motor vehicle before good faith |
3 | | negotiation with the carrier. If
the action is commenced at |
4 | | the request of the insurance carrier, the
carrier shall pay to |
5 | | the insured, before the action is commenced, all court
costs, |
6 | | jury fees and sheriff's fees arising from the action.
|
7 | | The changes made by Public Act 90-451 apply to all |
8 | | policies of
insurance amended, delivered, issued, or renewed |
9 | | on and after January 1, 1998 (the effective
date of Public Act |
10 | | 90-451).
|
11 | | (8) The changes made by Public Act 98-927 apply to all |
12 | | policies of
insurance amended, delivered, issued, or renewed |
13 | | on and after January 1, 2015 (the effective
date of Public Act |
14 | | 98-927). |
15 | | (Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15; |
16 | | 99-642, eff. 7-28-16.)
|
17 | | (215 ILCS 5/143a-2) (from Ch. 73, par. 755a-2)
|
18 | | Sec. 143a-2. (1) Additional uninsured motor vehicle
|
19 | | coverage. No policy insuring against loss resulting from |
20 | | liability imposed
by law for bodily injury or death suffered |
21 | | by any person arising out of the
ownership, maintenance or use |
22 | | of a motor vehicle shall be renewed or
delivered or issued for |
23 | | delivery in this State with respect to any motor
vehicle |
24 | | designed for use on public highways and required to be |
25 | | registered
in this State unless uninsured motorist coverage as |
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1 | | required in Section
143a of this Code is included in an amount |
2 | | equal to the insured's bodily
injury liability limits unless |
3 | | specifically rejected by the insured as provided in paragraph |
4 | | (2) of this Section. Each
insurance company providing the |
5 | | coverage must provide applicants with a
brief description of |
6 | | the coverage and advise them of their right to reject
the |
7 | | coverage in excess of the limits set forth in Section 7-203 of |
8 | | the
Illinois Vehicle Code. The provisions of this amendatory |
9 | | Act of 1990 apply
to policies of insurance applied for after |
10 | | June 30, 1991.
|
11 | | (2) Right of rejection of additional uninsured motorist
|
12 | | coverage. Any named insured or applicant may reject additional |
13 | | uninsured
motorist coverage in excess of the limits set forth |
14 | | in Section 7-203
of the Illinois Vehicle Code by making a |
15 | | written request for limits of uninsured motorist coverage |
16 | | which are less than bodily injury liability limits or a |
17 | | written rejection of limits in excess of those required by |
18 | | law. This election or rejection shall be binding on all |
19 | | persons insured under the policy. In those cases where the |
20 | | insured has elected
to purchase limits of uninsured motorist |
21 | | coverage which are less than
bodily injury liability limits or |
22 | | to reject limits in excess of those
required by law, the |
23 | | insurer need not provide in any renewal,
reinstatement, |
24 | | reissuance, substitute, amended, replacement or
supplementary |
25 | | policy, coverage in excess of that elected by the insured in
|
26 | | connection with a policy previously issued to such insured by |
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1 | | the same
insurer unless the insured subsequently makes a |
2 | | written request for
such coverage.
|
3 | | (3) The original document indicating the applicant's |
4 | | selection of
uninsured motorist coverage limits shall |
5 | | constitute sufficient evidence of
the applicant's selection of |
6 | | uninsured motorist coverage limits. For purposes of this
|
7 | | Section any reproduction of the document by means of |
8 | | photograph,
photostat, microfiche, computerized optical |
9 | | imaging process, or other
similar process or means of |
10 | | reproduction shall be deemed the equivalent of
the original |
11 | | document.
|
12 | | (4) For the purpose of this Code the term "underinsured |
13 | | motor vehicle"
means a motor vehicle whose ownership, |
14 | | maintenance or use has resulted in
bodily injury or death of |
15 | | the insured, as defined in the policy, and for
which the sum of |
16 | | the limits of liability under all bodily injury liability
|
17 | | insurance policies or under bonds or other security required |
18 | | to be
maintained under Illinois law applicable to the driver |
19 | | or to the person or
organization legally responsible for such |
20 | | vehicle and applicable to the
vehicle, is less than the limits |
21 | | for underinsured coverage provided the
insured as defined in |
22 | | the policy at the time of the crash accident . The limits
of |
23 | | liability for an insurer providing underinsured motorist |
24 | | coverage shall
be the limits of such coverage, less those |
25 | | amounts actually recovered under
the applicable bodily injury |
26 | | insurance policies, bonds or other security
maintained on the |
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1 | | underinsured motor vehicle.
|
2 | | On or after July 1, 1983, no policy insuring against loss |
3 | | resulting
from liability imposed by law for bodily injury or |
4 | | death suffered by any
person arising out of the ownership, |
5 | | maintenance or use of a motor vehicle
shall be renewed or |
6 | | delivered or issued for delivery in this State with respect
to |
7 | | any motor vehicle designed for use on public highways and |
8 | | required to be
registered in this State unless underinsured |
9 | | motorist coverage is included
in such policy in an amount |
10 | | equal to the total amount of uninsured motorist
coverage |
11 | | provided in that policy where such uninsured motorist coverage
|
12 | | exceeds the limits set forth in Section 7-203 of the Illinois |
13 | | Vehicle Code.
|
14 | | The changes made to this subsection (4) by this amendatory |
15 | | Act of the 93rd General Assembly apply to policies issued or |
16 | | renewed on or after December 1, 2004.
|
17 | | (5) Scope. Nothing herein shall prohibit an insurer from |
18 | | setting forth
policy terms and conditions which provide that |
19 | | if the insured has coverage
available under this Section under |
20 | | more than one policy or provision of
coverage, any recovery or |
21 | | benefits may be equal to, but may not exceed,
the higher of the |
22 | | applicable limits of the respective coverage, and the
limits |
23 | | of liability under this Section shall not be increased because
|
24 | | of multiple motor vehicles covered under the same policy of |
25 | | insurance.
Insurers providing liability coverage on an excess |
26 | | or umbrella basis are
neither required to provide, nor are |
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1 | | they prohibited from offering or
making available coverages |
2 | | conforming to this Section on a supplemental
basis. |
3 | | Notwithstanding the provisions of this Section, an insurer |
4 | | shall
not be prohibited from solely providing a combination of |
5 | | uninsured and
underinsured motorist coverages where the limits |
6 | | of liability under each
coverage is in the same amount.
|
7 | | (6) Subrogation against underinsured motorists. No insurer |
8 | | shall exercise
any right of subrogation under a policy |
9 | | providing additional uninsured motorist
coverage against an |
10 | | underinsured motorist where the insurer has been provided
with |
11 | | written notice in advance of a settlement between its insured |
12 | | and the
underinsured motorist and the insurer fails to advance |
13 | | a payment to
the insured, in an amount equal to the tentative |
14 | | settlement, within 30 days
following receipt of such notice.
|
15 | | (7) A policy which provides underinsured motor vehicle |
16 | | coverage may
include a clause which denies payment until the |
17 | | limits of liability or
portion thereof under
all bodily injury |
18 | | liability insurance policies applicable to the
underinsured |
19 | | motor vehicle and its operators have been partially or fully
|
20 | | exhausted
by payment
of judgment or settlement. A judgment or |
21 | | settlement of the bodily injury
claim in an amount less than |
22 | | the limits of liability of the bodily injury
coverages |
23 | | applicable to the claim shall not preclude the claimant from |
24 | | making
an underinsured motorist claim against the underinsured |
25 | | motorist coverage.
Any such provision in a policy of insurance
|
26 | | shall be inapplicable if the insured, or the legal |
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1 | | representative of the
insured, and the insurer providing |
2 | | underinsured motor vehicle coverage
agree that the insured has |
3 | | suffered bodily injury or death as the result of
the negligent |
4 | | operation, maintenance, or use of an underinsured motor
|
5 | | vehicle and, without arbitration, agree also on the amount of |
6 | | damages that
the insured is legally entitled to collect. The |
7 | | maximum amount payable
pursuant to such an underinsured motor |
8 | | vehicle insurance settlement
agreement shall not exceed the |
9 | | amount by which the limits of the
underinsured motorist |
10 | | coverage exceed the limits of the bodily injury
liability |
11 | | insurance of the owner or operator of the underinsured motor
|
12 | | vehicle. Any such agreement shall be final as to the amount due |
13 | | and shall
be binding upon both the insured and the |
14 | | underinsured motorist insurer
regardless of the amount of any |
15 | | judgment, or any settlement reached between
any insured and |
16 | | the person or persons responsible for the crash accident . No
|
17 | | such settlement agreement shall be concluded unless: (i) the |
18 | | insured has
complied with all other applicable policy terms |
19 | | and conditions; and (ii)
before the conclusion of the |
20 | | settlement agreement, the insured has filed
suit against the |
21 | | underinsured motor vehicle owner or operator and has not
|
22 | | abandoned the suit, or settled the suit without preserving the |
23 | | rights of
the insurer providing underinsured motor vehicle |
24 | | coverage in the manner
described in paragraph (6) of this |
25 | | Section.
|
26 | | (Source: P.A. 93-762, eff. 7-16-04 .)
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1 | | Section 60. The Child Care Act of 1969 is amended by |
2 | | changing Section 5.1 as follows:
|
3 | | (225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
|
4 | | Sec. 5.1. (a) The Department shall ensure that no day care |
5 | | center, group
home or child care institution as defined in |
6 | | this Act shall on a regular
basis transport a child or children |
7 | | with any motor vehicle unless such
vehicle is operated by a |
8 | | person who complies with the following requirements:
|
9 | | 1. is 21 years of age or older;
|
10 | | 2. currently holds a valid driver's license, which has |
11 | | not been revoked
or suspended for one or more traffic |
12 | | violations during the 3 years
immediately prior to the |
13 | | date of application;
|
14 | | 3. demonstrates physical fitness to operate vehicles |
15 | | by submitting the
results of a medical examination |
16 | | conducted by a licensed physician;
|
17 | | 4. has not been convicted of more than 2 offenses |
18 | | against traffic
regulations governing the movement of |
19 | | vehicles within a twelve month period;
|
20 | | 5. has not been convicted of reckless driving or |
21 | | driving under the
influence or manslaughter or reckless |
22 | | homicide resulting from the
operation of a motor vehicle |
23 | | within the past 3 years;
|
24 | | 6. has signed and submitted a written statement |
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1 | | certifying that he has
not, through the unlawful operation |
2 | | of a motor vehicle, caused a crash an accident
which |
3 | | resulted in the death of any person within the 5 years |
4 | | immediately
prior to the date of application.
|
5 | | However, such day care centers, group homes and child care |
6 | | institutions
may provide for transportation of a child or |
7 | | children for special outings,
functions or purposes that are |
8 | | not scheduled on a regular basis without
verification that |
9 | | drivers for such purposes meet the requirements of this
|
10 | | Section.
|
11 | | (a-5) As a means of ensuring compliance with the |
12 | | requirements set forth in subsection (a), the Department shall |
13 | | implement appropriate measures to verify that every individual |
14 | | who is employed at a group home or child care institution meets |
15 | | those requirements. |
16 | | For every individual employed at a group home or child |
17 | | care institution who regularly transports children in the |
18 | | course of performing his or her duties, the Department must |
19 | | make the verification every 2 years. Upon the Department's |
20 | | request, the Secretary of State shall provide the Department |
21 | | with the information necessary to enable the Department to |
22 | | make the verifications required under subsection (a). |
23 | | In the case of an individual employed at a group home or |
24 | | child care institution who becomes subject to subsection (a) |
25 | | for the first time after the effective date of this amendatory |
26 | | Act of the 94th General Assembly, the Department must make |
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1 | | that verification with the Secretary of State before the |
2 | | individual operates a motor vehicle to transport a child or |
3 | | children under the circumstances described in subsection (a). |
4 | | In the case of an individual employed at a group home or |
5 | | child care institution who is subject to subsection (a) on the |
6 | | effective date of this amendatory Act of the 94th General |
7 | | Assembly, the Department must make that verification with the |
8 | | Secretary of State within 30 days after that effective date. |
9 | | If the Department discovers that an individual fails to |
10 | | meet the requirements set forth in subsection (a), the |
11 | | Department shall promptly notify the appropriate group home or |
12 | | child care institution.
|
13 | | (b) Any individual who holds a valid Illinois school bus |
14 | | driver permit
issued by the Secretary of State
pursuant to The |
15 | | Illinois
Vehicle Code, and who is currently employed by a |
16 | | school district or parochial
school, or by a contractor with a |
17 | | school district or parochial school, to
drive a school bus |
18 | | transporting children to and from school,
shall be deemed in |
19 | | compliance with the requirements of subsection (a).
|
20 | | (c) The Department may, pursuant to Section 8 of this Act, |
21 | | revoke the
license of any day care center, group home or child |
22 | | care institution that
fails to meet the requirements of this |
23 | | Section.
|
24 | | (d) A group home or child care institution that
fails to |
25 | | meet the requirements of this Section is guilty of a petty |
26 | | offense and is subject to a fine of not more than $1,000. Each |
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1 | | day that a group home or child care institution fails to meet |
2 | | the requirements of this Section is a separate offense.
|
3 | | (Source: P.A. 94-943, eff. 1-1-07.)
|
4 | | Section 65. The Liquor Control Act of 1934 is amended by |
5 | | changing Section 6-29.1 as follows:
|
6 | | (235 ILCS 5/6-29.1)
|
7 | | Sec. 6-29.1. Direct shipments of alcoholic liquor. |
8 | | (a) The General Assembly makes the following findings: |
9 | | (1) The General Assembly of Illinois, having reviewed
|
10 | | this Act in light of the United
States Supreme Court's |
11 | | 2005 decision in Granholm v. Heald,
has determined to |
12 | | conform that law to the constitutional
principles |
13 | | enunciated by the Court in a manner that best
preserves |
14 | | the temperance, revenue, and orderly
distribution values |
15 | | of this Act. |
16 | | (2) Minimizing automobile crashes accidents and |
17 | | fatalities,
domestic violence, health problems, loss of |
18 | | productivity,
unemployment, and other social problems |
19 | | associated with
dependency and improvident use of |
20 | | alcoholic beverages
remains the policy of Illinois. |
21 | | (3) To the maximum extent constitutionally feasible,
|
22 | | Illinois desires to collect sufficient revenue from excise
|
23 | | and use taxes on alcoholic beverages for the purpose of
|
24 | | responding to such social problems. |
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1 | | (4) Combined with family education and individual
|
2 | | discipline, retail validation of age, and assessment of |
3 | | the
capacity of the consumer remains the best pre-sale |
4 | | social
protection against the problems associated with the |
5 | | abuse
of alcoholic liquor. |
6 | | (5) Therefore, the paramount purpose of this |
7 | | amendatory Act is to
continue to carefully limit direct |
8 | | shipment sales of wine produced by makers of wine
and to |
9 | | continue to prohibit such direct shipment sales for
|
10 | | spirits and beer. |
11 | | For these reasons, the Commission shall establish
a system |
12 | | to notify the out-of-state trade of this prohibition
and to |
13 | | detect violations. The Commission shall request
the Attorney |
14 | | General to extradite any offender.
|
15 | | (b) Pursuant to the
Twenty-First Amendment of the United |
16 | | States Constitution allowing states to
regulate the |
17 | | distribution and sale of alcoholic liquor and pursuant to the
|
18 | | federal Webb-Kenyon Act declaring that alcoholic liquor |
19 | | shipped in interstate
commerce must comply with state laws, |
20 | | the General Assembly hereby finds and
declares that selling |
21 | | alcoholic liquor from a point outside this State
through |
22 | | various direct marketing means, such as catalogs,
newspapers, |
23 | | mailers, and the Internet,
directly to residents of this State |
24 | | poses a serious threat
to the State's efforts to prevent |
25 | | youths from accessing alcoholic liquor;
to State revenue |
26 | | collections; and to the economy of this State.
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1 | | Any person manufacturing, distributing, or selling
|
2 | | alcoholic liquor who knowingly ships or transports or causes |
3 | | the shipping or
transportation of any alcoholic liquor from a |
4 | | point outside this State to a
person in this State who does not |
5 | | hold a manufacturer's, distributor's,
importing distributor's, |
6 | | or non-resident dealer's license issued by the Liquor
Control |
7 | | Commission, other than a shipment of sacramental wine to a |
8 | | bona fide
religious organization, a shipment authorized by |
9 | | Section 6-29, subparagraph (17) of Section 3-12, or any other
|
10 | | shipment authorized by this Act, is in violation of this Act.
|
11 | | The Commission, upon determining, after investigation, |
12 | | that a person
has violated this Section, shall give notice to |
13 | | the person by certified mail to
cease and desist all shipments |
14 | | of
alcoholic liquor into this State and to withdraw from this |
15 | | State within 5
working days after receipt of the notice all |
16 | | shipments of alcoholic liquor then
in transit. A person who |
17 | | violates the cease and desist notice is subject to the |
18 | | applicable penalties in subsection (a) of Section 10-1 of this |
19 | | Act.
|
20 | | (Source: P.A. 99-904, eff. 1-1-17 .)
|
21 | | Section 70. The Suicide Prevention, Education, and |
22 | | Treatment Act is amended by changing Section 5 as follows:
|
23 | | (410 ILCS 53/5)
|
24 | | Sec. 5. Legislative findings.
The General Assembly makes |
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1 | | the following findings:
|
2 | | (1) 1,474 Illinoisans lost their lives to suicide in |
3 | | 2017. During 2016, suicide was the eleventh leading cause |
4 | | of death in Illinois, causing more deaths than homicide, |
5 | | motor vehicle crashes accidents , accidental falls, and |
6 | | numerous prevalent diseases, including liver disease, |
7 | | hypertension, influenza/pneumonia, Parkinson's disease, |
8 | | and HIV. Suicide was the third leading cause of death of |
9 | | ages 15 to 34 and the fourth leading cause of death of ages |
10 | | 35 to 54. Those living outside of urban areas are |
11 | | particularly at risk for suicide, with a rate that is 50% |
12 | | higher than those living in urban areas. |
13 | | (2) For every person who dies by suicide, more than 30 |
14 | | others attempt suicide. |
15 | | (3) Each suicide attempt and death impacts countless |
16 | | other individuals. Family members, friends, co-workers, |
17 | | and others in the community all suffer the long-lasting |
18 | | consequences of suicidal behaviors. |
19 | | (4) Suicide attempts and deaths by suicide have an |
20 | | economic impact on Illinois. The National Center for |
21 | | Injury Prevention and Control estimates that in 2010 each |
22 | | suicide death in Illinois resulted in $1,181,549 in |
23 | | medical costs and work loss costs. It also estimated that |
24 | | each hospitalization for self-harm resulted in $31,019 in |
25 | | medical costs and work loss costs and each emergency room |
26 | | visit for self-harm resulted in $4,546 in medical costs |
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1 | | and work loss costs. |
2 | | (5) In 2004, the Illinois General Assembly passed the |
3 | | Suicide Prevention, Education, and Treatment Act (Public |
4 | | Act 93-907), which required the Illinois Department of |
5 | | Public Health to establish the Illinois Suicide Prevention |
6 | | Strategic Planning Committee to develop the Illinois |
7 | | Suicide Prevention Strategic Plan. That law required the |
8 | | use of the 2002 United States Surgeon General's National |
9 | | Suicide Prevention Strategy as a model for the Plan. |
10 | | Public Act 95-109 changed the name of the committee to the |
11 | | Illinois Suicide Prevention Alliance. The Illinois Suicide |
12 | | Prevention Strategic Plan was submitted in 2007 and |
13 | | updated in 2018. |
14 | | (6) In 2004, there were 1,028 suicide deaths in |
15 | | Illinois, which the Centers for Disease Control reports |
16 | | was an age-adjusted rate of 8.11 deaths per 100,000. The |
17 | | Centers for Disease Control reports that the 1,474 suicide |
18 | | deaths in 2017 result in an age-adjusted rate of 11.19 |
19 | | deaths per 100,000. Thus, since the enactment of Public |
20 | | Act 93-907, the rate of suicides in Illinois has risen by |
21 | | 38%. |
22 | | (7) Since the enactment of Public Act 93-907, there |
23 | | have been numerous developments in suicide prevention, |
24 | | including the issuance of the 2012 National Strategy for |
25 | | Suicide Prevention by the United States Surgeon General |
26 | | and the National Action Alliance for Suicide Prevention |
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1 | | containing new strategies and recommended activities for |
2 | | local governmental bodies. |
3 | | (8) Despite the obvious impact of suicide on Illinois |
4 | | citizens, Illinois has devoted minimal resources to its |
5 | | prevention. There is no full-time coordinator or director |
6 | | of suicide prevention activities in the State. Moreover, |
7 | | the Suicide Prevention Strategic Plan is still modeled on |
8 | | the now obsolete 2002 National Suicide Prevention |
9 | | Strategy. |
10 | | (9) It is necessary to revise the Suicide Prevention |
11 | | Strategic Plan to reflect the most current National |
12 | | Suicide Prevention Strategy as well as current research |
13 | | and experience into the prevention of suicide. |
14 | | (10) One of the goals adopted in the 2012 National |
15 | | Strategy for Suicide Prevention is to promote suicide |
16 | | prevention as a core component of health care services so |
17 | | there is an active engagement of health and social |
18 | | services, as well as the coordination of care across |
19 | | multiple settings, thereby ensuring continuity of care and |
20 | | promoting patient safety. |
21 | | (11) Integrating suicide prevention into behavioral |
22 | | and physical health care services can save lives. National |
23 | | data indicate that: over 30% of individuals are receiving |
24 | | mental health care at the time of their deaths by suicide; |
25 | | 45% have seen their primary care physicians within one |
26 | | month of their deaths; and 25% of those who die of suicide |
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1 | | visited an emergency department in the year prior to their |
2 | | deaths. |
3 | | (12) The Zero Suicide model is a part of the National |
4 | | Strategy for Suicide Prevention, a priority of the |
5 | | National Action Alliance for Suicide Prevention, and a |
6 | | project of the Suicide Prevention Resource Center that |
7 | | implements the goal of making suicide prevention a core |
8 | | component of health care services. |
9 | | (13) The Zero Suicide model is built on the |
10 | | foundational belief and aspirational goal that suicide |
11 | | deaths of individuals who are under the care of our health |
12 | | care systems are preventable with the adoption of |
13 | | comprehensive training, patient engagement, transition, |
14 | | and quality improvement. |
15 | | (14) Health care systems, including mental and |
16 | | behavioral health systems and hospitals, that have |
17 | | implemented the Zero Suicide model have noted significant |
18 | | reductions in suicide deaths for patients within their |
19 | | care. |
20 | | (15) The Suicide Prevention Resource Center |
21 | | facilitates adoption of the Zero Suicide model by |
22 | | providing comprehensive information, resources, and tools |
23 | | for its implementation.
|
24 | | (Source: P.A. 101-331, eff. 8-9-19.)
|
25 | | Section 75. The Compassionate Use of Medical Cannabis |
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1 | | Program Act is amended by changing Section 5 as follows:
|
2 | | (410 ILCS 130/5)
|
3 | | Sec. 5. Findings.
|
4 | | (a) The recorded use of cannabis as a medicine goes back |
5 | | nearly 5,000 years. Modern medical research has confirmed the |
6 | | beneficial uses of cannabis in treating or alleviating the |
7 | | pain, nausea, and other symptoms associated with a variety of |
8 | | debilitating medical conditions, including cancer, multiple |
9 | | sclerosis, and HIV/AIDS, as found by the National Academy of |
10 | | Sciences' Institute of Medicine in March 1999.
|
11 | | (b) Studies published since the 1999 Institute of Medicine |
12 | | report continue to show the therapeutic value of cannabis in |
13 | | treating a wide array of debilitating medical conditions. |
14 | | These include relief of the neuropathic pain caused by |
15 | | multiple sclerosis, HIV/AIDS, and other illnesses that often |
16 | | fail to respond to conventional treatments and relief of |
17 | | nausea, vomiting, and other side effects of drugs used to |
18 | | treat HIV/AIDS and hepatitis C, increasing the chances of |
19 | | patients continuing on life-saving treatment regimens.
|
20 | | (c) Cannabis has many currently accepted medical uses in |
21 | | the United States, having been recommended by thousands of |
22 | | licensed physicians to at least 600,000 patients in states |
23 | | with medical cannabis laws. The medical utility of cannabis is |
24 | | recognized by a wide range of medical and public health |
25 | | organizations, including the American Academy of HIV Medicine, |
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1 | | the American College of Physicians, the American Nurses |
2 | | Association, the American Public Health Association, the |
3 | | Leukemia & Lymphoma Society, and many others.
|
4 | | (d) Data from the Federal Bureau of Investigation's |
5 | | Uniform Crime Reports and the Compendium of Federal Justice |
6 | | Statistics show that approximately 99 out of every 100 |
7 | | cannabis arrests in the U.S. are made under state law, rather |
8 | | than under federal law. Consequently, changing State law will |
9 | | have the practical effect of protecting from arrest the vast |
10 | | majority of seriously ill patients who have a medical need to |
11 | | use cannabis.
|
12 | | (d-5) In 2014, the Task Force on Veterans' Suicide was |
13 | | created by the Illinois General Assembly to gather data on |
14 | | veterans' suicide prevention. Data from a U.S. Department of |
15 | | Veterans Affairs study indicates that 22 veterans commit |
16 | | suicide each day. |
17 | | (d-10) According to the State of Illinois Opioid Action
|
18 | | Plan released in September 2017, "The opioid epidemic is the
|
19 | | most significant public health and public safety crisis facing
|
20 | | Illinois".
According to the Action Plan, "Fueled by the |
21 | | growing opioid
epidemic, drug overdoses have now become the |
22 | | leading cause of
death nationwide for people under the age of |
23 | | 50. In Illinois,
opioid overdoses have killed nearly 11,000 |
24 | | people since 2008.
Just last year, nearly 1,900 people died of |
25 | | overdoses—almost
twice the number of fatal car crashes |
26 | | accidents . Beyond these deaths
are thousands of emergency |
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1 | | department visits, hospital stays,
as well as the pain |
2 | | suffered by individuals, families, and
communities". |
3 | | According to the Action Plan, "At the current rate, the
|
4 | | opioid epidemic will claim the lives of more than 2,700
|
5 | | Illinoisans in 2020". |
6 | | Further, the Action Plan states, "Physical tolerance to
|
7 | | opioids can begin to develop as early as two to three days
|
8 | | following the continuous use of opioids, which is a large
|
9 | | factor that contributes to their addictive potential". |
10 | | The 2017 State of Illinois Opioid Action Plan also states,
|
11 | | "The increase in OUD [opioid use disorder] and opioid overdose
|
12 | | deaths is largely due to the dramatic rise in the rate and
|
13 | | amount of opioids prescribed for pain over the past decades". |
14 | | Further, according to the Action Plan, "In the absence of
|
15 | | alternative treatments, reducing the supply of prescription |
16 | | opioids too abruptly may drive more people to switch to using
|
17 | | illicit drugs (including heroin), thus increasing the risk of
|
18 | | overdose". |
19 | | (e) Alaska, Arizona, California, Colorado, Connecticut, |
20 | | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, |
21 | | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, |
22 | | Washington, and Washington, D.C. have removed state-level |
23 | | criminal penalties from the medical use and cultivation of |
24 | | cannabis. Illinois joins in this effort for the health and |
25 | | welfare of its citizens.
|
26 | | (f) States are not required to enforce federal law or |
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1 | | prosecute people for engaging in activities prohibited by |
2 | | federal law. Therefore, compliance with this Act does not put |
3 | | the State of Illinois in violation of federal law.
|
4 | | (g) State law should make a distinction between the |
5 | | medical and non-medical uses of cannabis. Hence, the purpose |
6 | | of this Act is to protect patients with debilitating medical |
7 | | conditions, as well as their physicians and providers, from |
8 | | arrest and prosecution, criminal and other penalties, and |
9 | | property forfeiture if the patients engage in the medical use |
10 | | of cannabis.
|
11 | | (Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18 .)
|
12 | | Section 80. The Burn Injury Reporting Act is amended by |
13 | | changing Section 5 as follows:
|
14 | | (425 ILCS 7/5)
|
15 | | Sec. 5. Burn injury reporting. |
16 | | (a) Every case of a burn injury treated in a hospital as |
17 | | described in this Act may be reported to the Office of the |
18 | | State Fire Marshal. The hospital's administrator, manager, |
19 | | superintendent, or his or her designee deciding to report |
20 | | under this Act shall make an oral report of every burn injury |
21 | | in a timely manner as soon as treatment permits, except as |
22 | | provided in subsection (c) of this Section, that meets one of |
23 | | the following criteria: |
24 | | (1) a person receives a serious second-degree burn or |
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1 | | a third degree burn, but not a radiation burn, to 10% or |
2 | | more of the person's body as a whole; |
3 | | (2) a person sustains a burn to the upper respiratory |
4 | | tract or occurring laryngeal edema due to the inhalation |
5 | | of superheated air; |
6 | | (3) a person sustains any burn injury likely to result |
7 | | in death; or |
8 | | (4) a person sustains any other burn injury not |
9 | | excluded by subsection (c). |
10 | | (b) The oral report shall consist of notification by |
11 | | telephone to the Office of the State Fire Marshal using a |
12 | | toll-free number established by the Office of the State Fire |
13 | | Marshal for this purpose. |
14 | | (c) A hospital's administrator, manager, superintendent, |
15 | | or his or her designee deciding to report under this Act shall |
16 | | not report any of the following burn injuries: |
17 | | (1) a burn injury of an emergency medical responder, |
18 | | as defined in Section 3.50 of the Emergency Medical |
19 | | Services (EMS) Systems Act, sustained in the line of duty; |
20 | | (2) a burn injury caused by lighting; |
21 | | (3) a burn injury caused by a motor vehicle crash |
22 | | accident ; or |
23 | | (4) a burn injury caused by an identifiable industrial |
24 | | accident or work-related accident.
|
25 | | (Source: P.A. 98-973, eff. 8-15-14.)
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1 | | Section 85. The Illinois Public Health and Safety Animal |
2 | | Population Control Act is amended by changing Section 5 as |
3 | | follows:
|
4 | | (510 ILCS 92/5)
|
5 | | Sec. 5. Findings. The General Assembly finds the |
6 | | following:
|
7 | | (1) Controlling the dog and cat population would have |
8 | | a significant benefit to the public health and safety by |
9 | | aiding in the prevention of dog attacks, reducing the |
10 | | number of dog and cat bite cases involving children, and |
11 | | decreasing the number of automobile crashes accidents |
12 | | caused by stray dogs and cats.
|
13 | | (2) Increasing the number of rabies-vaccinated, owned |
14 | | pets in low-income areas will reduce potential threats to |
15 | | public health and safety from rabies.
|
16 | | (3) Controlling the dog and cat population will save |
17 | | taxpayer dollars by reducing the number of dogs and cats |
18 | | handled by county and municipal animal control agencies. |
19 | | Targeted low-cost spay or neuter programs for dogs and |
20 | | cats in select Illinois counties and other states have |
21 | | proven to save taxpayers money. |
22 | | (4) This Act is established to provide a variety of |
23 | | means by which population control and rabies vaccinations |
24 | | may be financed.
|
25 | | (Source: P.A. 94-639, eff. 8-22-05.)
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1 | | Section 90. The Illinois Highway Code is amended by |
2 | | changing Section 1-102 as follows:
|
3 | | (605 ILCS 5/1-102) (from Ch. 121, par. 1-102)
|
4 | | Sec. 1-102.
It is the intent and declared policy of the |
5 | | legislature
that an integrated system of highways and streets |
6 | | is essential to the
general welfare and to the agricultural, |
7 | | industrial, recreational, and
social development of the State. |
8 | | In view of the rapid growth of the
State's economy and |
9 | | increased use of public highways, the provision of
safe and |
10 | | efficient highway transportation is a matter of public |
11 | | concern.
It is the declared and continuous policy of the |
12 | | legislature to provide
for improvement of highways and the |
13 | | highway transportation system as
well as the preservation of |
14 | | investment in highways. To that end it is
intended to provide |
15 | | for integrated and systematic planning and orderly
development |
16 | | in accordance with actual needs. It is further declared that
|
17 | | the provision of such a system with efficient management, |
18 | | operation, and
control, and the elimination of congestion, |
19 | | crash accident reduction, and
safety is an urgent problem and |
20 | | proper objective of highway legislation.
It is further |
21 | | declared that highway transportation system development
|
22 | | requires the cooperation of State, county, township, and |
23 | | municipal
highway agencies and coordination of their |
24 | | activities on a continuous
and partnership basis and the |
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1 | | legislature intends such cooperative
relationships to |
2 | | accomplish this purpose.
|
3 | | It is also the intent and declared policy of the |
4 | | legislature that no
public moneys derived from fees, excises |
5 | | or license taxes relating to
registration, operation and use |
6 | | of vehicles on public highways or to
fuels used for the |
7 | | propulsion of such vehicles, shall be appropriated or
expended |
8 | | other than for costs of administering the laws imposing such
|
9 | | fees, excises and license taxes, statutory refunds and |
10 | | adjustments
allowed thereunder, highway administrative costs, |
11 | | payment of debts and
liabilities incurred in construction and |
12 | | reconstruction of public
highways and bridges, acquisition of |
13 | | rights-of-way for, and the cost of
construction, |
14 | | reconstruction, maintenance, repair and operation of
public |
15 | | highways and bridges under the direction and supervision of |
16 | | the
State, political subdivision or municipality collecting |
17 | | such moneys, and
the costs for patrolling and policing the |
18 | | public highways (by State, political
subdivision or |
19 | | municipality collecting such money) for enforcement of traffic
|
20 | | laws. The separation of grades of such highways with railroads |
21 | | and costs
associated with protection of at-grade highway and |
22 | | railroad crossings shall
also be permissible.
|
23 | | (Source: P.A. 81-2nd S.S.-3.)
|
24 | | Section 95. The Toll Highway Act is amended by changing |
25 | | Section 19.1 as follows:
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1 | | (605 ILCS 10/19.1) |
2 | | Sec. 19.1. Confidentiality of personally identifiable |
3 | | information obtained through electronic toll collection |
4 | | system. |
5 | | (a) For purposes of this Section: |
6 | | "Electronic toll collection system" is a system where a |
7 | | transponder, camera-based vehicle identification system, or |
8 | | other electronic medium is used to deduct payment of a toll |
9 | | from a subscriber's account or to establish an obligation to |
10 | | pay a toll. |
11 | | "Electronic toll collection system user" means any natural |
12 | | person who subscribes to an electronic toll collection system |
13 | | or any natural person who uses a tolled transportation |
14 | | facility that employs the Authority's electronic toll |
15 | | collection system. |
16 | | "Personally identifiable information" means any |
17 | | information that identifies or describes an electronic toll |
18 | | collection system user, including but not limited to travel |
19 | | pattern data, address, telephone number, e-mail address, |
20 | | license plate number, photograph, bank account information, or |
21 | | credit card number. |
22 | | (b) Except as otherwise provided in this Section, the |
23 | | Authority may not sell or otherwise provide to any person or |
24 | | entity personally identifiable information of any electronic |
25 | | toll collection system user that the Authority obtains through |
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1 | | the operation of its electronic toll collection system. |
2 | | (c) The Authority may, within practical business and cost |
3 | | constraints, store personally identifiable information of an |
4 | | electronic toll collection system user only if the information |
5 | | is required to perform account functions such as billing, |
6 | | account settlement, or toll violation enforcement activities. |
7 | | (d) By no later than December 31, 2011, the Authority |
8 | | shall establish a privacy policy regarding the collection and |
9 | | use of personally identifiable information. Upon its adoption, |
10 | | the policy shall be posted on the Authority's website and a |
11 | | copy shall be included with each transponder transmitted to a |
12 | | user. The policy shall include but need not be limited to the |
13 | | following: |
14 | | (1) A description of the types of personally |
15 | | identifiable information collected by the Authority. |
16 | | (2) The categories of third-party persons or entities |
17 | | with whom the Authority may share personally identifiable |
18 | | information and for what purposes that information is |
19 | | shared. |
20 | | (3) The process by which the Authority notifies |
21 | | electronic toll collection system users of material |
22 | | changes to its privacy policy. |
23 | | (4) The process by which an electronic toll collection |
24 | | system user may review and request changes to any of his or |
25 | | her personally identifiable information. |
26 | | (5) The effective date of the privacy policy. |
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1 | | (e) This Section does not prohibit the Authority from: |
2 | | (1) providing aggregated traveler information derived |
3 | | from collective data relating to a group or category of |
4 | | electronic toll collection system users from which |
5 | | personally identifiable information has been removed; |
6 | | (2) sharing data with another transportation agency or |
7 | | third-party vendor to comply with interoperability |
8 | | specifications and standards regarding electronic toll |
9 | | collection devices and technologies, provided that the |
10 | | other transportation agency or third-party vendor may not |
11 | | use personally identifiable information obtained under |
12 | | this Section for a purpose other than described in this |
13 | | Section; |
14 | | (3) performing financial, legal and accounting |
15 | | functions such as billing, account settlement, toll |
16 | | violation enforcement, or other activities required to |
17 | | operate and manage its toll collection system; |
18 | | (4) communicating about products and services offered |
19 | | by itself, a business partner, or another public agency; |
20 | | (5) using personally identifiable information in |
21 | | research projects, provided that appropriate |
22 | | confidentiality restrictions are employed to protect |
23 | | against the unauthorized release of such information; |
24 | | (6) releasing personally identifiable information in |
25 | | response to a warrant, subpoena or lawful order from a |
26 | | court of competent jurisdiction; |
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1 | | (7) releasing personally identifiable information to |
2 | | law enforcement agencies in the case of an emergency when |
3 | | obtaining a warrant or subpoena would be impractical; and |
4 | | (8) releasing personally identifiable information to |
5 | | the Authority's Inspector General or, at the Inspector |
6 | | General's direction, to law enforcement agencies under |
7 | | paragraphs (5) and (6) of subsection (f) of Section 8.5 of |
8 | | this Act. |
9 | | (f) In any agreement allowing another public entity to use |
10 | | the Authority's toll collection system in a transportation |
11 | | facility, the Authority shall require the other public entity |
12 | | to comply with the requirements of this Section. |
13 | | (g) Personally identifiable information generated through |
14 | | the
Authority's toll collection process that reveals the date, |
15 | | time, location or
direction of travel by an electronic toll |
16 | | collection system user shall be
exempt from release under the |
17 | | Illinois Freedom of Information Act. The
exemption in this |
18 | | subsection shall not apply to information that concerns (i)
|
19 | | the public duties of public employees and officials; (ii) |
20 | | whether an electronic toll
collection system user has paid |
21 | | tolls; (iii) whether the Authority is
enforcing toll violation |
22 | | penalties against electronic toll collection users
who do not |
23 | | pay tolls; (iv) crashes accidents or other incidents that |
24 | | occur on highways under the jurisdiction of the
Authority; or |
25 | | (v) the obligation, receipt, and use of the funds of the |
26 | | Authority. The exemption in this subsection (g) shall not be a |
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1 | | limitation or restriction on other Freedom of Information Act |
2 | | exemptions applicable to personally identifiable information |
3 | | or private information.
|
4 | | (Source: P.A. 97-342, eff. 8-12-11.)
|
5 | | Section 100. The Roadside Memorial Act is amended by |
6 | | changing Section 23.1 as follows:
|
7 | | (605 ILCS 125/23.1) |
8 | | Sec. 23.1. Fatal crash accident memorial marker program. |
9 | | (a) The fatal crash accident memorial marker program is |
10 | | intended to raise public awareness of traffic fatalities |
11 | | caused by reckless driving or other means by emphasizing the |
12 | | dangers while affording families an opportunity to remember |
13 | | the victims of traffic crashes. |
14 | | (b) As used in this Section, "fatal crash accident |
15 | | memorial marker" means a marker on a highway in this State |
16 | | commemorating one or more persons who died as a proximate |
17 | | result of a crash caused by a driver who committed an act of |
18 | | reckless homicide in violation of Section 9-3 or 9-3.2 of the |
19 | | Criminal Code of 1961 or the Criminal Code of 2012 or who |
20 | | otherwise caused the death of one or more persons through the |
21 | | operation of a motor vehicle. |
22 | | (c) For purposes of the fatal crash accident memorial |
23 | | marker program in this Section, the provisions of Section 15 |
24 | | of this Act applicable to DUI memorial markers shall apply the |
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1 | | same to fatal crash accident memorial markers. |
2 | | (d) A fatal crash accident memorial marker shall consist |
3 | | of a white on blue panel bearing the message "Reckless Driving |
4 | | Costs Lives" if the victim or victims died as a proximate |
5 | | result of a crash caused by a driver who committed an act of |
6 | | reckless homicide in violation of Section 9-3 or 9-3.2 of the |
7 | | Criminal Code of 1961 or the Criminal Code of 2012. Otherwise, |
8 | | a fatal crash accident memorial marker shall consist of a |
9 | | white on blue panel bearing the message "Drive With Care". At |
10 | | the request of the qualified relative, a separate panel |
11 | | bearing the words "In Memory of (victim's name)", followed by |
12 | | the date of the crash that was the proximate cause of the loss |
13 | | of the victim's life, shall be mounted below the primary |
14 | | panel. |
15 | | (e) A fatal crash accident memorial marker may memorialize |
16 | | more than one victim who died as a result of the same crash. If |
17 | | one or more additional deaths subsequently occur in close |
18 | | proximity to an existing fatal crash accident memorial marker, |
19 | | the supporting jurisdiction may use the same marker to |
20 | | memorialize the subsequent death or deaths, by adding the |
21 | | names of the additional persons. |
22 | | (f) A fatal crash accident memorial marker shall be |
23 | | maintained for at least 2 years from the date the last person |
24 | | was memorialized on the marker. |
25 | | (g) The supporting jurisdiction has the right to install a |
26 | | marker at a location other than the location of the crash or to |
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1 | | relocate a marker due to restricted room, property owner |
2 | | complaints, interference with essential traffic control |
3 | | devices, safety concerns, or other restrictions. In these |
4 | | cases, the sponsoring jurisdiction may select an alternate |
5 | | location. |
6 | | (h) The Department shall secure the consent of any |
7 | | municipality before placing a fatal crash accident memorial |
8 | | marker within the corporate limits of the municipality. |
9 | | (i) A fee in an amount to be determined by the supporting |
10 | | jurisdiction shall be charged to the qualified relative. The |
11 | | fee shall not exceed the costs associated with the |
12 | | fabrication, installation, and maintenance of the fatal crash |
13 | | accident memorial marker. |
14 | | (j) The provisions of this Section shall apply to any |
15 | | fatal crash accident marker constructed on or after January 1, |
16 | | 2013.
|
17 | | (Source: P.A. 102-60, eff. 7-9-21.)
|
18 | | Section 105. The Illinois Vehicle Code is amended by |
19 | | changing Sections 1-146.5, 1-159.2, 1-164.5, 1-187.001, |
20 | | 1-197.6, 2-118.1, 2-123, 4-203, 5-101, 5-101.1, 5-102, |
21 | | 5-102.8, 6-101, 6-106.1, 6-106.1a, 6-106.2, 6-106.3, 6-106.4, |
22 | | 6-107, 6-107.5, 6-108.1, 6-113, 6-117, 6-117.2, 6-201, 6-205, |
23 | | 6-206, 6-208.1, 6-303, 6-402, 6-420, 6-500, 6-500.2, 6-514, |
24 | | 6-516, 6-703, 6-1002, 6-1004, 6-1009, 7-201, 7-201.1, 7-201.2, |
25 | | 7-202, 7-203, 7-204, 7-208, 7-209, 7-211, 7-212, 7-214, 7-216, |
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1 | | 7-303, 7-309, 7-310, 7-311, 7-316, 7-317, 7-328, 7-329, 7-502, |
2 | | 7-504, 7-604, 9-105, 10-201, 11-208.6, 11-208.9, 11-401, |
3 | | 11-402, 11-403, 11-404, 11-407, 11-408, 11-409, 11-411, |
4 | | 11-412, 11-413, 11-414, 11-415, 11-416, 11-417, 11-501, |
5 | | 11-501.1, 11-501.2, 11-501.4-1, 11-501.6, 11-501.7, 11-501.8, |
6 | | 11-506, 11-610, 11-1431, 12-215, 12-604.1, 12-610.1, 12-610.2, |
7 | | 12-707.01, 13-109, 13-111, 15-301, 16-108, 18a-301, 18b-105, |
8 | | 18b-108, 18c-6502, 18c-7402, and 20-202 and the headings of |
9 | | Article II of Chapter 7 and Article IV of Chapter 11 and by |
10 | | adding Section 20-205 as follows:
|
11 | | (625 ILCS 5/1-146.5) |
12 | | Sec. 1-146.5. Motor vehicle crash accident data. Any |
13 | | information generated from a motor vehicle crash accident |
14 | | report or supplemental report, but shall not include a copy of |
15 | | the motor vehicle crash accident report or supplemental |
16 | | report, personally identifying information as defined in |
17 | | Section 1-159.2 of this Code, or any other information |
18 | | disclosure of which is prohibited by law.
|
19 | | (Source: P.A. 100-96, eff. 1-1-18 .)
|
20 | | (625 ILCS 5/1-159.2)
|
21 | | Sec. 1-159.2. Personally identifying information. |
22 | | Information that
identifies an individual, including his or |
23 | | her driver's license number, name, address (but not the 5 |
24 | | digit zip
code), date of birth, height, weight, hair color, |
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1 | | eye color, email address, and
telephone number, but
|
2 | | "personally
identifying information" does not include |
3 | | information on vehicular crashes accidents ,
driving |
4 | | violations, and driver's status.
|
5 | | (Source: P.A. 101-326, eff. 8-9-19.)
|
6 | | (625 ILCS 5/1-164.5)
|
7 | | Sec. 1-164.5. Proof of financial responsibility. Proof of |
8 | | ability to
respond in damages for any liability thereafter |
9 | | incurred resulting from the
ownership, maintenance, use or |
10 | | operation of a motor vehicle for bodily injury
to or death of |
11 | | any person in the amount of $25,000, and subject to this limit
|
12 | | for any one person injured or killed, in the amount of $50,000 |
13 | | for bodily
injury to or death of 2 or more persons in any one |
14 | | crash accident , and for damage to
property in the amount of |
15 | | $20,000 resulting from any one crash accident . This proof
in |
16 | | these amounts shall be furnished for each motor vehicle |
17 | | registered by every
person required to furnish this proof. The |
18 | | changes to this Section made by this amendatory Act of the 98th |
19 | | General Assembly apply only to policies issued or renewed on |
20 | | or after January 1, 2015.
|
21 | | (Source: P.A. 98-519, eff. 1-1-15 .)
|
22 | | (625 ILCS 5/1-187.001)
|
23 | | Sec. 1-187.001. Serious traffic violation.
|
24 | | (a) A conviction when operating a motor vehicle for:
|
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1 | | (1) a violation of subsection (a) of Section 11-402, |
2 | | relating to a motor
vehicle
crash accident involving |
3 | | damage to a vehicle;
|
4 | | (2) a violation of Section 11-403, relating to failure |
5 | | to stop and
exchange information after a motor vehicle |
6 | | collision, property damage only;
|
7 | | (3) a violation of subsection (a) of Section 11-502, |
8 | | relating to illegal
transportation, possession, or |
9 | | carrying of alcoholic liquor within the
passenger area of |
10 | | any vehicle;
|
11 | | (4) a violation of Section 6-101 relating to operating |
12 | | a motor vehicle
without a
valid license or permit;
|
13 | | (5) a violation of Section 11-403, relating to failure |
14 | | to stop and
exchange information or give aid after a motor |
15 | | vehicle collision involving
personal injury or death;
|
16 | | (6) a violation relating to excessive speeding, |
17 | | involving a single
speeding charge of 26 miles per hour or |
18 | | more above the legal speed limit;
|
19 | | (7) a violation relating to reckless driving;
|
20 | | (8) a violation of subsection (d) of Section 11-707, |
21 | | relating to passing
in a no-passing zone;
|
22 | | (9) a violation of subsection (b) of Section 11-1402, |
23 | | relating to
limitations on backing
upon a controlled |
24 | | access highway;
|
25 | | (10) a violation of subsection (b) of Section 11-707, |
26 | | relating to driving
on the left
side of a roadway in a |
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1 | | no-passing zone;
|
2 | | (11) a violation of subsection (e) of Section 11-1002, |
3 | | relating to failure
to yield
the right-of-way to a |
4 | | pedestrian at an intersection;
|
5 | | (12) a violation of Section 11-1008, relating to |
6 | | failure to yield to a
pedestrian on a sidewalk; or
|
7 | | (13) a violation of Section 11-1201, relating to |
8 | | failure to stop for an
approaching railroad train or |
9 | | railroad track equipment or signals; or
|
10 | | (b) Any other similar violation of a law or local |
11 | | ordinance of any state
relating to motor vehicle traffic |
12 | | control, other than a parking violation.
|
13 | | (c) A violation of any of these defined serious traffic |
14 | | offenses shall
not preclude the defendant from being eligible |
15 | | to receive an order of court
supervision under Section 5-6-1 |
16 | | of the Unified Code of Corrections.
|
17 | | (Source: P.A. 98-511, eff. 1-1-14.)
|
18 | | (625 ILCS 5/1-197.6) |
19 | | Sec. 1-197.6. Statutory summary revocation of driving |
20 | | privileges. The revocation by the Secretary of State of a |
21 | | person's license or privilege to operate a motor vehicle on |
22 | | the public highways for the period provided in Section |
23 | | 6-208.1. Reinstatement after the revocation period shall occur |
24 | | after the person has been approved for reinstatement through |
25 | | an administrative hearing with the Secretary of State, has |
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1 | | filed proof of financial responsibility, has paid the |
2 | | reinstatement fee as provided in Section 6-118, and has |
3 | | successfully completed all necessary examinations. The basis |
4 | | for this revocation of driving privileges shall be the |
5 | | individual's refusal to submit to or failure to complete a |
6 | | chemical test or tests following an arrest for the offense of |
7 | | driving under the influence of alcohol, other drugs, or |
8 | | intoxicating compounds, or any combination thereof involving a |
9 | | motor vehicle crash accident that caused personal injury or |
10 | | death to another, as provided in Section 11-501.1 of this |
11 | | Code.
|
12 | | (Source: P.A. 96-1344, eff. 7-1-11 .)
|
13 | | (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
|
14 | | Sec. 2-118.1. Opportunity for hearing; statutory summary |
15 | | alcohol
or other drug related suspension or revocation |
16 | | pursuant to Section 11-501.1. |
17 | | (a) A statutory summary suspension or revocation of |
18 | | driving privileges under Section
11-501.1 shall not become |
19 | | effective until the person is notified in writing of
the |
20 | | impending suspension or revocation and informed that he may |
21 | | request a hearing in the
circuit court of venue under |
22 | | paragraph (b) of this Section and the statutory
summary |
23 | | suspension or revocation shall become effective as provided in |
24 | | Section 11-501.1. |
25 | | (b) Within 90 days after the notice of statutory summary
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1 | | suspension or revocation served under Section
11-501.1, the |
2 | | person may make a written request for a judicial hearing in
the |
3 | | circuit court of venue. The request to the circuit court shall |
4 | | state
the grounds upon which the person seeks to have the |
5 | | statutory summary
suspension or revocation rescinded. Within |
6 | | 30 days after receipt of the written request
or the first |
7 | | appearance date on the Uniform Traffic Ticket issued pursuant
|
8 | | to a violation of Section 11-501, or a similar provision of a |
9 | | local
ordinance, the hearing shall be conducted by the circuit |
10 | | court having
jurisdiction. This judicial hearing, request, or |
11 | | process shall not stay or
delay the statutory summary |
12 | | suspension or revocation. The hearings shall proceed in the
|
13 | | court in the same manner as in other civil proceedings. |
14 | | The hearing may be conducted upon a review of the law |
15 | | enforcement
officer's own official reports; provided however, |
16 | | that the person may
subpoena the officer. Failure of the |
17 | | officer to answer the subpoena shall
be considered grounds for |
18 | | a continuance if in the court's discretion the
continuance is |
19 | | appropriate. |
20 | | The scope of the hearing shall be limited to the issues of: |
21 | | 1. Whether the person was placed under arrest for an |
22 | | offense as defined
in Section 11-501, or a similar |
23 | | provision of a local ordinance, as evidenced
by the |
24 | | issuance of a Uniform Traffic Ticket, or issued a Uniform |
25 | | Traffic
Ticket out of state as provided in subsection (a) |
26 | | of Section 11-501.1; and |
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1 | | 2. Whether the officer had reasonable grounds to |
2 | | believe that
the person was driving or in actual physical |
3 | | control of a motor vehicle
upon a highway while under the |
4 | | influence of alcohol, other drug, or
combination of both; |
5 | | and |
6 | | 3. Whether the person, after being advised by the |
7 | | officer
that the privilege to operate a motor vehicle |
8 | | would be suspended or revoked if the
person refused to |
9 | | submit to and complete the test or tests, did refuse to
|
10 | | submit to or complete the test or tests to determine the |
11 | | person's blood alcohol or drug concentration; or |
12 | | 4. Whether the person, after being advised by the |
13 | | officer that
the privilege to operate a motor vehicle |
14 | | would be suspended if the person
submits to a chemical |
15 | | test, or tests, and the test discloses an alcohol
|
16 | | concentration of 0.08 or more, a tetrahydrocannabinol |
17 | | concentration as defined in paragraph 6 of subsection (a) |
18 | | of Section 11-501.2 of this Code, or any amount of a drug, |
19 | | substance,
or compound in the person's blood, other bodily |
20 | | substance, or urine resulting from the unlawful use or
|
21 | | consumption of a controlled
substance listed in the |
22 | | Illinois Controlled Substances Act, an intoxicating
|
23 | | compound as listed in the Use of Intoxicating Compounds |
24 | | Act, or methamphetamine as listed in the Methamphetamine |
25 | | Control and Community Protection Act, and the person
did |
26 | | submit to and complete the test or tests that determined |
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1 | | an alcohol
concentration of 0.08 or more. |
2 | | 4.2. (Blank). |
3 | | 4.5. (Blank). |
4 | | 5. If the person's driving privileges were revoked, |
5 | | whether the person was involved in a motor vehicle crash |
6 | | accident that caused Type A injury or death to another. |
7 | | Upon the conclusion of the judicial hearing, the circuit |
8 | | court shall
sustain or rescind the statutory summary |
9 | | suspension or revocation and immediately notify
the Secretary |
10 | | of State. Reports received by the Secretary of State under
|
11 | | this Section shall be privileged information and for use only |
12 | | by the
courts, police officers, and Secretary of State. |
13 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; |
14 | | 99-697, eff. 7-29-16.)
|
15 | | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
|
16 | | Sec. 2-123. Sale and distribution of information.
|
17 | | (a) Except as otherwise provided in this Section, the |
18 | | Secretary may make the
driver's license, vehicle and title |
19 | | registration lists, in part or in whole,
and any statistical |
20 | | information derived from these lists available to local
|
21 | | governments, elected state officials, state educational |
22 | | institutions, and all
other governmental units of the State |
23 | | and Federal
Government
requesting them for governmental |
24 | | purposes. The Secretary shall require any such
applicant for |
25 | | services to pay for the costs of furnishing such services and |
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1 | | the
use of the equipment involved, and in addition is |
2 | | empowered to establish prices
and charges for the services so |
3 | | furnished and for the use of the electronic
equipment |
4 | | utilized.
|
5 | | (b) The Secretary is further empowered to and he may, in |
6 | | his discretion,
furnish to any applicant, other than listed in |
7 | | subsection (a) of this Section,
vehicle or driver data on a |
8 | | computer tape, disk, other electronic format or
computer |
9 | | processable medium, or printout at a fixed fee of
$250 for |
10 | | orders received before October 1, 2003 and $500 for orders |
11 | | received
on or after October 1, 2003, in advance, and require |
12 | | in addition a
further sufficient
deposit based upon the |
13 | | Secretary of State's estimate of the total cost of the
|
14 | | information requested and a charge of $25 for orders received |
15 | | before October
1, 2003 and $50 for orders received on or after |
16 | | October 1, 2003, per 1,000
units or part
thereof identified or |
17 | | the actual cost, whichever is greater. The Secretary is
|
18 | | authorized to refund any difference between the additional |
19 | | deposit and the
actual cost of the request. This service shall |
20 | | not be in lieu of an abstract
of a driver's record nor of a |
21 | | title or registration search. This service may
be limited to |
22 | | entities purchasing a minimum number of records as required by
|
23 | | administrative rule. The information
sold pursuant to this |
24 | | subsection shall be the entire vehicle or driver data
list, or |
25 | | part thereof. The information sold pursuant to this subsection
|
26 | | shall not contain personally identifying information unless |
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1 | | the information is
to be used for one of the purposes |
2 | | identified in subsection (f-5) of this
Section. Commercial |
3 | | purchasers of driver and vehicle record databases shall
enter |
4 | | into a written agreement with the Secretary of State that |
5 | | includes
disclosure of the commercial use of the information |
6 | | to be purchased. |
7 | | (b-1) The Secretary is further empowered to and may, in |
8 | | his or her discretion, furnish vehicle or driver data on a |
9 | | computer tape, disk, or other electronic format or computer |
10 | | processible medium, at no fee, to any State or local |
11 | | governmental agency that uses the information provided by the |
12 | | Secretary to transmit data back to the Secretary that enables |
13 | | the Secretary to maintain accurate driving records, including |
14 | | dispositions of traffic cases. This information may be |
15 | | provided without fee not more often than once every 6 months.
|
16 | | (c) Secretary of State may issue registration lists. The |
17 | | Secretary
of State may compile a list of all registered
|
18 | | vehicles. Each list of registered vehicles shall be arranged |
19 | | serially
according to the registration numbers assigned to |
20 | | registered vehicles and
may contain in addition the names and |
21 | | addresses of registered owners and
a brief description of each |
22 | | vehicle including the serial or other
identifying number |
23 | | thereof. Such compilation may be in such form as in the
|
24 | | discretion of the Secretary of State may seem best for the |
25 | | purposes intended.
|
26 | | (d) The Secretary of State shall furnish no more than 2 |
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1 | | current available
lists of such registrations to the sheriffs |
2 | | of all counties and to the chiefs
of police of all cities and |
3 | | villages and towns of 2,000 population and over
in this State |
4 | | at no cost. Additional copies may be purchased by the sheriffs
|
5 | | or chiefs of police at the fee
of $500 each or at the cost of |
6 | | producing the list as determined
by the Secretary of State. |
7 | | Such lists are to be used for governmental
purposes only.
|
8 | | (e) (Blank).
|
9 | | (e-1) (Blank).
|
10 | | (f) The Secretary of State shall make a title or |
11 | | registration search of the
records of his office and a written |
12 | | report on the same for any person, upon
written application of |
13 | | such person, accompanied by a fee of $5 for
each registration |
14 | | or title search. The written application shall set forth
the |
15 | | intended use of the requested information. No fee shall be |
16 | | charged for a
title or
registration search, or for the |
17 | | certification thereof requested by a government
agency. The |
18 | | report of the title or registration search shall not contain
|
19 | | personally identifying information unless the request for a |
20 | | search was made for
one of the purposes identified in |
21 | | subsection (f-5) of this Section. The report of the title or |
22 | | registration search shall not contain highly
restricted |
23 | | personal
information unless specifically authorized by this |
24 | | Code.
|
25 | | The Secretary of State shall certify a title or |
26 | | registration record upon
written request. The fee for |
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1 | | certification shall be $5 in addition
to the fee required for a |
2 | | title or registration search. Certification shall
be made |
3 | | under the signature of the Secretary of State and shall be
|
4 | | authenticated by Seal of the Secretary of State.
|
5 | | The Secretary of State may notify the vehicle owner or |
6 | | registrant of
the request for purchase of his title or |
7 | | registration information as the
Secretary deems appropriate.
|
8 | | No information shall be released to the requester until |
9 | | expiration of a 10-day
period. This 10-day period shall not |
10 | | apply to requests for
information made by law enforcement |
11 | | officials, government agencies,
financial institutions, |
12 | | attorneys, insurers, employers, automobile
associated |
13 | | businesses, persons licensed as a private detective or firms
|
14 | | licensed as a private detective agency under the Private |
15 | | Detective, Private
Alarm, Private Security, Fingerprint |
16 | | Vendor, and Locksmith Act of 2004, who are employed by or are
|
17 | | acting on
behalf of law enforcement officials, government |
18 | | agencies, financial
institutions, attorneys, insurers, |
19 | | employers, automobile associated businesses,
and other |
20 | | business entities for purposes consistent with the Illinois |
21 | | Vehicle
Code, the vehicle owner or registrant or other |
22 | | entities as the Secretary may
exempt by rule and regulation.
|
23 | | Any misrepresentation made by a requester of title or |
24 | | vehicle information
shall be punishable as a petty offense, |
25 | | except in the case of persons
licensed as a private detective |
26 | | or firms licensed as a private detective agency
which shall be |
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1 | | subject to disciplinary sanctions under Section 40-10 of the
|
2 | | Private Detective, Private Alarm, Private Security, |
3 | | Fingerprint Vendor, and Locksmith Act of 2004.
|
4 | | (f-5) The Secretary of State shall not disclose or |
5 | | otherwise make
available to
any person or entity any |
6 | | personally identifying information obtained by the
Secretary
|
7 | | of State in connection with a driver's license, vehicle, or |
8 | | title registration
record
unless the information is disclosed |
9 | | for one of the following purposes:
|
10 | | (1) For use by any government agency, including any |
11 | | court or law
enforcement agency, in carrying out its |
12 | | functions, or any private person or
entity acting on |
13 | | behalf of a federal, State, or local agency in carrying |
14 | | out
its
functions.
|
15 | | (2) For use in connection with matters of motor |
16 | | vehicle or driver safety
and theft; motor vehicle |
17 | | emissions; motor vehicle product alterations, recalls,
or |
18 | | advisories; performance monitoring of motor vehicles, |
19 | | motor vehicle parts,
and dealers; and removal of non-owner |
20 | | records from the original owner
records of motor vehicle |
21 | | manufacturers.
|
22 | | (3) For use in the normal course of business by a |
23 | | legitimate business or
its agents, employees, or |
24 | | contractors, but only:
|
25 | | (A) to verify the accuracy of personal information |
26 | | submitted by
an individual to the business or its |
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1 | | agents, employees, or contractors;
and
|
2 | | (B) if such information as so submitted is not |
3 | | correct or is no
longer correct, to obtain the correct |
4 | | information, but only for the
purposes of preventing |
5 | | fraud by, pursuing legal remedies against, or
|
6 | | recovering on a debt or security interest against, the |
7 | | individual.
|
8 | | (4) For use in research activities and for use in |
9 | | producing statistical
reports, if the personally |
10 | | identifying information is not published,
redisclosed, or |
11 | | used to
contact individuals.
|
12 | | (5) For use in connection with any civil, criminal, |
13 | | administrative, or
arbitral proceeding in any federal, |
14 | | State, or local court or agency or before
any
|
15 | | self-regulatory body, including the service of process, |
16 | | investigation in
anticipation of litigation, and the |
17 | | execution or enforcement of judgments and
orders, or |
18 | | pursuant to an order of a federal, State, or local court.
|
19 | | (6) For use by any insurer or insurance support |
20 | | organization or by a
self-insured entity or its agents, |
21 | | employees, or contractors in connection with
claims |
22 | | investigation activities, antifraud activities, rating, or |
23 | | underwriting.
|
24 | | (7) For use in providing notice to the owners of towed |
25 | | or
impounded vehicles.
|
26 | | (8) For use by any person licensed as a private |
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1 | | detective or firm licensed as a private
detective agency |
2 | | under
the Private Detective, Private Alarm, Private |
3 | | Security, Fingerprint Vendor, and Locksmith Act of
2004, |
4 | | private investigative agency or security service
licensed |
5 | | in Illinois for any purpose permitted under this |
6 | | subsection.
|
7 | | (9) For use by an employer or its agent or insurer to |
8 | | obtain or verify
information relating to a holder of a |
9 | | commercial driver's license that is
required under chapter |
10 | | 313 of title 49 of the United States Code.
|
11 | | (10) For use in connection with the operation of |
12 | | private toll
transportation facilities.
|
13 | | (11) For use by any requester, if the requester |
14 | | demonstrates it has
obtained the written consent of the |
15 | | individual to whom the information
pertains.
|
16 | | (12) For use by members of the news media, as defined |
17 | | in
Section 1-148.5, for the purpose of newsgathering when |
18 | | the request relates to
the
operation of a motor vehicle or |
19 | | public safety.
|
20 | | (13) For any other use specifically authorized by law, |
21 | | if that use is
related to the operation of a motor vehicle |
22 | | or public safety. |
23 | | (f-6) The Secretary of State shall not disclose or |
24 | | otherwise make
available to any
person or entity any highly |
25 | | restricted personal information obtained by the
Secretary of
|
26 | | State in connection with a driver's license, vehicle, or
title |
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1 | | registration
record unless
specifically authorized by this |
2 | | Code.
|
3 | | (g) 1. The Secretary of State may, upon receipt of a |
4 | | written request
and a fee as set forth in Section 6-118, |
5 | | furnish to the person or agency so requesting a
driver's |
6 | | record or data contained therein. Such document may include a |
7 | | record of: current driver's
license issuance information, |
8 | | except that the information on judicial driving
permits shall |
9 | | be available only as otherwise provided by this Code;
|
10 | | convictions; orders entered revoking, suspending or cancelling |
11 | | a
driver's
license or privilege; and notations of crash |
12 | | accident involvement. All other
information, unless otherwise |
13 | | permitted by
this Code, shall remain confidential. Information |
14 | | released pursuant to a
request for a driver's record shall not |
15 | | contain personally identifying
information, unless the request |
16 | | for the driver's record was made for one of the
purposes set |
17 | | forth in subsection (f-5) of this Section. The Secretary of |
18 | | State may, without fee, allow a parent or guardian of a person |
19 | | under the age of 18 years, who holds an instruction permit or |
20 | | graduated driver's license, to view that person's driving |
21 | | record online, through a computer connection.
The parent or |
22 | | guardian's online access to the driving record will terminate |
23 | | when the instruction permit or graduated driver's license |
24 | | holder reaches the age of 18.
|
25 | | 2. The Secretary of State shall not disclose or otherwise |
26 | | make available
to any
person or
entity any highly restricted |
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1 | | personal information obtained by the Secretary of
State in
|
2 | | connection with a driver's license, vehicle, or title
|
3 | | registration record
unless specifically
authorized by this |
4 | | Code. The Secretary of State may certify an abstract of a |
5 | | driver's record
upon written request therefor. Such |
6 | | certification
shall be made under the signature of the |
7 | | Secretary of State and shall be
authenticated by the Seal of |
8 | | his office.
|
9 | | 3. All requests for driving record information shall be |
10 | | made in a manner
prescribed by the Secretary and shall set |
11 | | forth the intended use of the
requested information.
|
12 | | The Secretary of State may notify the affected driver of |
13 | | the request
for purchase of his driver's record as the |
14 | | Secretary deems appropriate.
|
15 | | No information shall be released to the requester until |
16 | | expiration of a 10-day
period. This 10-day period shall not |
17 | | apply to requests for information
made by law enforcement |
18 | | officials, government agencies, financial institutions,
|
19 | | attorneys, insurers, employers, automobile associated |
20 | | businesses, persons
licensed as a private detective or firms |
21 | | licensed as a private detective agency
under the Private |
22 | | Detective, Private Alarm, Private Security, Fingerprint |
23 | | Vendor, and Locksmith Act
of 2004,
who are employed by or are |
24 | | acting on behalf of law enforcement officials,
government |
25 | | agencies, financial institutions, attorneys, insurers, |
26 | | employers,
automobile associated businesses, and other |
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1 | | business entities for purposes
consistent with the Illinois |
2 | | Vehicle Code, the affected driver or other
entities as the |
3 | | Secretary may exempt by rule and regulation.
|
4 | | Any misrepresentation made by a requester of driver |
5 | | information shall
be punishable as a petty offense, except in |
6 | | the case of persons licensed as
a private detective or firms |
7 | | licensed as a private detective agency which shall
be subject |
8 | | to disciplinary sanctions under Section 40-10 of the Private
|
9 | | Detective, Private Alarm, Private Security, Fingerprint |
10 | | Vendor, and Locksmith Act of 2004.
|
11 | | 4. The Secretary of State may furnish without fee, upon |
12 | | the written
request of a law enforcement agency, any |
13 | | information from a driver's
record on file with the Secretary |
14 | | of State when such information is required
in the enforcement |
15 | | of this Code or any other law relating to the operation
of |
16 | | motor vehicles, including records of dispositions; documented
|
17 | | information involving the use of a motor vehicle; whether such |
18 | | individual
has, or previously had, a driver's license; and the |
19 | | address and personal
description as reflected on said driver's |
20 | | record.
|
21 | | 5. Except as otherwise provided in this Section, the |
22 | | Secretary of
State may furnish, without fee, information from |
23 | | an individual driver's
record on file, if a written request |
24 | | therefor is submitted
by any public transit system or |
25 | | authority, public defender, law enforcement
agency, a state or |
26 | | federal agency, or an Illinois local intergovernmental
|
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1 | | association, if the request is for the purpose of a background |
2 | | check of
applicants for employment with the requesting agency, |
3 | | or for the purpose of
an official investigation conducted by |
4 | | the agency, or to determine a
current address for the driver so |
5 | | public funds can be recovered or paid to
the driver, or for any |
6 | | other purpose set forth in subsection (f-5)
of this Section.
|
7 | | The Secretary may also furnish the courts a copy of an |
8 | | abstract of a
driver's record, without fee, subsequent to an |
9 | | arrest for a violation of
Section 11-501 or a similar |
10 | | provision of a local ordinance. Such abstract
may include |
11 | | records of dispositions; documented information involving
the |
12 | | use of a motor vehicle as contained in the current file; |
13 | | whether such
individual has, or previously had, a driver's |
14 | | license; and the address and
personal description as reflected |
15 | | on said driver's record.
|
16 | | 6. Any certified abstract issued by the Secretary of State |
17 | | or
transmitted electronically by the Secretary of State |
18 | | pursuant to this
Section,
to a court or on request of a law |
19 | | enforcement agency, for the record of a
named person as to the |
20 | | status of the person's driver's license shall be
prima facie |
21 | | evidence of the facts therein stated and if the name appearing
|
22 | | in such abstract is the same as that of a person named in an |
23 | | information or
warrant, such abstract shall be prima facie |
24 | | evidence that the person named
in such information or warrant |
25 | | is the same person as the person named in
such abstract and |
26 | | shall be admissible for any prosecution under this Code and
be |
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1 | | admitted as proof of any prior conviction or proof of records, |
2 | | notices, or
orders recorded on individual driving records |
3 | | maintained by the Secretary of
State.
|
4 | | 7. Subject to any restrictions contained in the Juvenile |
5 | | Court Act of
1987, and upon receipt of a proper request and a |
6 | | fee as set forth in Section 6-118, the
Secretary of
State shall |
7 | | provide a driver's record or data contained therein to the |
8 | | affected driver, or the affected
driver's attorney, upon |
9 | | verification. Such record shall contain all the
information |
10 | | referred to in paragraph 1 of this subsection (g) plus: any
|
11 | | recorded crash accident involvement as a driver; information |
12 | | recorded pursuant to
subsection (e) of Section 6-117 and |
13 | | paragraph (4) of subsection (a) of
Section 6-204 of this Code. |
14 | | All other information, unless otherwise permitted
by this |
15 | | Code, shall remain confidential.
|
16 | | (h) The Secretary shall not disclose social security |
17 | | numbers or any associated information obtained from the Social |
18 | | Security Administration except pursuant
to a written request |
19 | | by, or with the prior written consent of, the
individual |
20 | | except: (1) to officers and employees of the Secretary
who
|
21 | | have a need to know the social security numbers in performance |
22 | | of their
official duties, (2) to law enforcement officials for |
23 | | a civil or
criminal law enforcement investigation, and if an |
24 | | officer of the law enforcement
agency has made a written |
25 | | request to the Secretary specifying the law
enforcement |
26 | | investigation for which the social security numbers are being
|
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1 | | sought, though the Secretary retains the right to require |
2 | | additional verification regarding the validity of the request, |
3 | | (3) to the United States Department of Transportation, or any |
4 | | other
State, pursuant to the administration and enforcement of |
5 | | the Commercial
Motor Vehicle Safety Act of 1986 or |
6 | | participation in State-to-State verification service, (4) |
7 | | pursuant to the order of a court
of competent jurisdiction, |
8 | | (5) to the Department of Healthcare and Family Services |
9 | | (formerly Department of Public Aid) for
utilization
in the |
10 | | child support enforcement duties assigned to that Department |
11 | | under
provisions of the Illinois Public Aid Code after the |
12 | | individual has received advanced
meaningful notification of |
13 | | what redisclosure is sought by the Secretary in
accordance |
14 | | with the federal Privacy Act, (5.5) to the Department of |
15 | | Healthcare and Family Services and the Department of Human |
16 | | Services solely for the purpose of verifying Illinois |
17 | | residency where such residency is an eligibility requirement |
18 | | for benefits under the Illinois Public Aid Code or any other |
19 | | health benefit program administered by the Department of |
20 | | Healthcare and Family Services or the Department of Human |
21 | | Services, (6) to the Illinois Department of Revenue solely for |
22 | | use by the Department in the collection of any tax or debt that |
23 | | the Department of Revenue is authorized or required by law to |
24 | | collect, provided that the Department shall not disclose the |
25 | | social security number to any person or entity outside of the |
26 | | Department, (7) to the Illinois Department of Veterans' |
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1 | | Affairs for the purpose of confirming veteran status, or (8) |
2 | | the last 4 digits to the Illinois State Board of Elections for |
3 | | purposes of voter registration and as may be required pursuant |
4 | | to an agreement for a multi-state voter registration list |
5 | | maintenance system. If social security information is |
6 | | disclosed by the Secretary in accordance with this Section, no |
7 | | liability shall rest with the Office of the Secretary of State |
8 | | or any of its officers or employees, as the information is |
9 | | released for official purposes only.
|
10 | | (i) (Blank).
|
11 | | (j) Medical statements or medical reports received in the |
12 | | Secretary of
State's Office shall be confidential. Except as |
13 | | provided in this Section, no confidential information may be
|
14 | | open to public inspection or the contents disclosed to anyone, |
15 | | except
officers and employees of the Secretary who have a need |
16 | | to know the information
contained in the medical reports and |
17 | | the Driver License Medical Advisory
Board, unless so directed |
18 | | by an order of a court of competent jurisdiction. If the |
19 | | Secretary receives a medical report regarding a driver that |
20 | | does not address a medical condition contained in a previous |
21 | | medical report, the Secretary may disclose the unaddressed |
22 | | medical condition to the driver or his or her physician, or |
23 | | both, solely for the purpose of submission of a medical report |
24 | | that addresses the condition.
|
25 | | (k) Disbursement of fees collected under this Section |
26 | | shall be as follows: (1) of the $12 fee for a driver's record, |
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1 | | $3 shall be paid into the Secretary of State Special Services |
2 | | Fund, and $6 shall be paid into the General Revenue Fund; (2) |
3 | | 50% of the amounts collected under subsection (b) shall be |
4 | | paid into the General Revenue Fund; and (3) all remaining fees |
5 | | shall be disbursed under subsection (g) of Section 2-119 of |
6 | | this Code.
|
7 | | (l) (Blank).
|
8 | | (m) Notations of crash accident involvement that may be |
9 | | disclosed under this
Section shall not include notations |
10 | | relating to damage to a vehicle or other
property being |
11 | | transported by a tow truck. This information shall remain
|
12 | | confidential, provided that nothing in this subsection (m) |
13 | | shall limit
disclosure of any notification of crash accident |
14 | | involvement to any law enforcement
agency or official.
|
15 | | (n) Requests made by the news media for driver's license, |
16 | | vehicle, or
title registration information may be furnished |
17 | | without charge or at a reduced
charge, as determined by the |
18 | | Secretary, when the specific purpose for
requesting the |
19 | | documents is deemed to be in the public interest. Waiver or
|
20 | | reduction of the fee is in the public interest if the principal |
21 | | purpose of the
request is to access and disseminate |
22 | | information regarding the health, safety,
and welfare or the |
23 | | legal rights of the general public and is not for the
principal |
24 | | purpose of gaining a personal or commercial benefit.
The |
25 | | information provided pursuant to this subsection shall not |
26 | | contain
personally identifying information unless the |
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1 | | information is to be used for one
of the
purposes identified in |
2 | | subsection (f-5) of this Section.
|
3 | | (o) The redisclosure of personally identifying information
|
4 | | obtained
pursuant
to this Section is prohibited, except to the |
5 | | extent necessary to effectuate the
purpose
for which the |
6 | | original disclosure of the information was permitted.
|
7 | | (p) The Secretary of State is empowered to adopt rules
to
|
8 | | effectuate this Section.
|
9 | | (Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19; |
10 | | 101-326, eff. 8-9-19.)
|
11 | | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
|
12 | | Sec. 4-203. Removal of motor vehicles or other vehicles; |
13 | | towing or
hauling away.
|
14 | | (a) When a vehicle is abandoned, or left unattended, on a |
15 | | toll
highway, interstate highway, or expressway for 2 hours or |
16 | | more, its
removal by a towing service may be authorized by a |
17 | | law enforcement
agency having jurisdiction.
|
18 | | (b) When a vehicle is abandoned on a highway in an urban |
19 | | district 10
hours or more, its removal by a towing service may |
20 | | be authorized by a
law enforcement agency having jurisdiction.
|
21 | | (c) When a vehicle is abandoned or left unattended on a |
22 | | highway
other than a toll highway, interstate highway, or |
23 | | expressway, outside of
an urban district for 24 hours or more, |
24 | | its removal by a towing service
may be authorized by a law |
25 | | enforcement agency having jurisdiction.
|
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1 | | (d) When an abandoned, unattended, wrecked, burned or |
2 | | partially
dismantled vehicle is creating a traffic hazard |
3 | | because of its position
in relation to the highway or its |
4 | | physical appearance is causing the
impeding of traffic, its |
5 | | immediate removal from the highway or private
property |
6 | | adjacent to the highway by a towing service may be authorized
|
7 | | by a law enforcement agency having jurisdiction.
|
8 | | (e) Whenever a
peace officer reasonably believes that a |
9 | | person under
arrest for a violation of Section 11-501 of this |
10 | | Code or a similar
provision of a local ordinance is likely, |
11 | | upon release, to commit a
subsequent violation of Section |
12 | | 11-501, or a similar provision of a local
ordinance, the |
13 | | arresting officer shall have the vehicle which the person
was |
14 | | operating at the time of the arrest impounded for a period of |
15 | | 12 hours after the time of arrest. However, such vehicle may be
|
16 | | released by the arresting law enforcement agency prior to the |
17 | | end of the
impoundment period if:
|
18 | | (1) the vehicle was not owned by the person under |
19 | | arrest, and the lawful
owner requesting such release |
20 | | possesses a valid operator's license, proof
of ownership, |
21 | | and would not, as determined by the arresting law |
22 | | enforcement
agency, indicate a lack of ability to operate |
23 | | a motor vehicle in a safe
manner, or who would otherwise, |
24 | | by operating such motor vehicle, be in
violation of this |
25 | | Code; or
|
26 | | (2) the vehicle is owned by the person under arrest, |
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1 | | and the person
under arrest gives permission to another |
2 | | person to operate such vehicle,
provided however, that the |
3 | | other person possesses a valid operator's license
and |
4 | | would not, as determined by the arresting law enforcement
|
5 | | agency, indicate a lack of ability to operate a motor |
6 | | vehicle in a safe
manner or who would otherwise, by |
7 | | operating such motor vehicle, be in
violation of this |
8 | | Code.
|
9 | | (e-5) Whenever a registered owner of a vehicle is taken |
10 | | into custody for
operating the vehicle in violation of Section |
11 | | 11-501 of this Code or a similar
provision of a local ordinance |
12 | | or Section 6-303 of this Code, a
law enforcement officer
may |
13 | | have the vehicle immediately impounded for a period not less |
14 | | than:
|
15 | | (1) 24 hours for a second violation of Section 11-501 |
16 | | of this Code or a
similar provision of a local ordinance or |
17 | | Section 6-303
of
this Code or a combination of these |
18 | | offenses; or
|
19 | | (2) 48 hours for a third violation of Section 11-501 |
20 | | of this Code or a
similar provision of a local ordinance or |
21 | | Section 6-303 of this
Code or a combination of these |
22 | | offenses.
|
23 | | The vehicle may be released sooner if the vehicle is owned |
24 | | by the person
under arrest and the person under arrest gives |
25 | | permission to another person to
operate the vehicle and that |
26 | | other person possesses a valid operator's license
and would |
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1 | | not, as determined by the arresting law enforcement agency, |
2 | | indicate
a lack of ability to operate a motor vehicle in a safe |
3 | | manner or would
otherwise, by operating the motor vehicle, be |
4 | | in violation of this Code.
|
5 | | (f) Except as provided in Chapter 18a of this Code, the |
6 | | owner or
lessor of privately owned real property within this |
7 | | State, or any person
authorized by such owner or lessor, or any |
8 | | law enforcement agency in the
case of publicly owned real |
9 | | property may cause any motor vehicle abandoned
or left |
10 | | unattended upon such property without permission to be removed |
11 | | by a
towing service without liability for the costs of |
12 | | removal, transportation
or storage or damage caused by such |
13 | | removal, transportation or storage.
The towing or removal of |
14 | | any vehicle from private property without the
consent of the |
15 | | registered owner or other legally authorized person in
control |
16 | | of the vehicle is subject to compliance with the following
|
17 | | conditions and restrictions:
|
18 | | 1. Any towed or removed vehicle must be stored at the |
19 | | site of the towing
service's place of business. The site |
20 | | must be open during business hours,
and for the purpose of |
21 | | redemption of vehicles, during the time that the
person or |
22 | | firm towing such vehicle is open for towing purposes.
|
23 | | 2. The towing service shall within 30 minutes of |
24 | | completion of such
towing or removal, notify the law |
25 | | enforcement agency having jurisdiction of
such towing or |
26 | | removal, and the make, model, color and license plate |
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1 | | number
of the vehicle, and shall obtain and record the |
2 | | name of the person at the law
enforcement agency to whom |
3 | | such information was reported.
|
4 | | 3. If the registered owner or legally authorized |
5 | | person entitled to
possession of the vehicle shall arrive |
6 | | at the scene prior to actual removal
or towing of the |
7 | | vehicle, the vehicle shall be disconnected from the tow
|
8 | | truck and that person shall be allowed to remove the |
9 | | vehicle without
interference, upon the payment of a |
10 | | reasonable service fee of not more than
one half the |
11 | | posted rate of the towing service as provided in paragraph
|
12 | | 6 of this subsection, for which a receipt shall be given.
|
13 | | 4. The rebate or payment of money or any other |
14 | | valuable consideration
from the towing service or its |
15 | | owners, managers or employees to the owners
or operators |
16 | | of the premises from which the vehicles are towed or |
17 | | removed,
for the privilege of removing or towing those |
18 | | vehicles, is prohibited. Any
individual who violates this |
19 | | paragraph shall be guilty of a Class A
misdemeanor.
|
20 | | 5. Except for property appurtenant to and obviously a |
21 | | part of a single
family residence, and except for |
22 | | instances where notice is personally given
to the owner or |
23 | | other legally authorized person in control of the vehicle
|
24 | | that the area in which that vehicle is parked is reserved |
25 | | or otherwise
unavailable to unauthorized vehicles and they |
26 | | are subject to being removed
at the owner or operator's |
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1 | | expense, any property owner or lessor, prior to
towing or |
2 | | removing any vehicle from private property without the |
3 | | consent of
the owner or other legally authorized person in |
4 | | control of that vehicle,
must post a notice meeting the |
5 | | following requirements:
|
6 | | a. Except as otherwise provided in subparagraph |
7 | | a.1 of this subdivision (f)5, the notice must be |
8 | | prominently placed at each driveway access or curb
cut |
9 | | allowing vehicular access to the property within 5 |
10 | | feet from the public
right-of-way line. If there are |
11 | | no curbs or access barriers, the sign must
be posted |
12 | | not less than one sign each 100 feet of lot frontage.
|
13 | | a.1. In a municipality with a population of less |
14 | | than 250,000, as an alternative to the requirement of |
15 | | subparagraph a of this subdivision (f)5, the notice |
16 | | for a parking lot contained within property used |
17 | | solely for a 2-family, 3-family, or 4-family residence |
18 | | may be prominently placed at the perimeter of the |
19 | | parking lot, in a position where the notice is visible |
20 | | to the occupants of vehicles entering the lot.
|
21 | | b. The notice must indicate clearly, in not less |
22 | | than 2 inch high
light-reflective letters on a |
23 | | contrasting background, that unauthorized
vehicles |
24 | | will be towed away at the owner's expense.
|
25 | | c. The notice must also provide the name and |
26 | | current telephone
number of the towing service towing |
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1 | | or removing the vehicle.
|
2 | | d. The sign structure containing the required |
3 | | notices must be
permanently installed with the bottom |
4 | | of the sign not less than 4 feet
above ground level, |
5 | | and must be continuously maintained on the property |
6 | | for
not less than 24 hours prior to the towing or |
7 | | removing of any vehicle.
|
8 | | 6. Any towing service that tows or removes vehicles |
9 | | and proposes to
require the owner, operator, or person in |
10 | | control of the vehicle to pay the
costs of towing and |
11 | | storage prior to redemption of the vehicle must file
and |
12 | | keep on record with the local law enforcement agency a |
13 | | complete copy of
the current rates to be charged for such |
14 | | services, and post at the storage
site an identical rate |
15 | | schedule and any written contracts with property
owners, |
16 | | lessors, or persons in control of property which authorize |
17 | | them to
remove vehicles as provided in this Section.
The |
18 | | towing and storage charges, however, shall not exceed the |
19 | | maximum allowed by the Illinois Commerce Commission under |
20 | | Section 18a-200.
|
21 | | 7. No person shall engage in the removal of vehicles |
22 | | from private
property as described in this Section without |
23 | | filing a notice of intent
in each community where he |
24 | | intends to do such removal, and such
notice shall be filed |
25 | | at least 7 days before commencing such towing.
|
26 | | 8. No removal of a vehicle from private property shall |
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1 | | be done except
upon express written instructions of the |
2 | | owners or persons in charge of the
private property upon |
3 | | which the vehicle is said to be trespassing.
|
4 | | 9. Vehicle entry for the purpose of removal shall be |
5 | | allowed with
reasonable care on the part of the person or |
6 | | firm towing the vehicle. Such
person or firm shall be |
7 | | liable for any damages occasioned to the vehicle if
such |
8 | | entry is not in accordance with the standards of |
9 | | reasonable care.
|
10 | | 9.5. Except as authorized by a law enforcement |
11 | | officer, no towing service shall engage in the removal of |
12 | | a commercial motor vehicle that requires a commercial |
13 | | driver's license to operate by operating the vehicle under |
14 | | its own power on a highway. |
15 | | 10. When a vehicle has been towed or removed pursuant |
16 | | to this Section,
it must be released to its owner, |
17 | | custodian, agent, or lienholder within one half hour after
|
18 | | requested, if such request is made during business hours. |
19 | | Any vehicle owner,
custodian, agent, or lienholder shall |
20 | | have the right to inspect the vehicle before
accepting its |
21 | | return, and no release or waiver of any kind which would
|
22 | | release the towing service from liability for damages |
23 | | incurred during the
towing and storage may be required |
24 | | from any vehicle owner or other legally
authorized person |
25 | | as a condition of release of the vehicle. A detailed,
|
26 | | signed receipt showing the legal name of the towing |
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1 | | service must be given
to the person paying towing or |
2 | | storage charges at the time of payment,
whether requested |
3 | | or not.
|
4 | | This Section shall not apply to law enforcement, |
5 | | firefighting, rescue,
ambulance, or other emergency |
6 | | vehicles which are marked as such or to
property owned by |
7 | | any governmental entity.
|
8 | | When an authorized person improperly causes a motor |
9 | | vehicle to be
removed, such person shall be liable to the |
10 | | owner or lessee of the vehicle
for the cost or removal, |
11 | | transportation and storage, any damages resulting
from the |
12 | | removal, transportation and storage, attorney's fee and |
13 | | court costs.
|
14 | | Any towing or storage charges accrued shall be payable |
15 | | in cash or by cashier's check, certified check, debit |
16 | | card, credit card, or wire transfer, at the option of the |
17 | | party taking possession of the vehicle.
|
18 | | 11. Towing companies shall also provide insurance |
19 | | coverage for areas
where vehicles towed under the |
20 | | provisions of this Chapter will be impounded
or otherwise |
21 | | stored, and shall adequately cover loss by fire, theft or
|
22 | | other risks.
|
23 | | Any person who fails to comply with the conditions and |
24 | | restrictions of
this subsection shall be guilty of a Class C |
25 | | misdemeanor and shall be fined
not less than $100 nor more than |
26 | | $500.
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1 | | (g)(1) When a vehicle is determined to be a hazardous |
2 | | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the |
3 | | Illinois Municipal Code or Section 5-12002.1 of the Counties |
4 | | Code, its
removal and impoundment by a towing service may be |
5 | | authorized by a law
enforcement agency with appropriate |
6 | | jurisdiction.
|
7 | | (2) When a vehicle removal from either public or private |
8 | | property is
authorized by a law enforcement agency, the owner |
9 | | of the vehicle shall be
responsible for all towing and storage |
10 | | charges.
|
11 | | (3) Vehicles removed from public or private property and
|
12 | | stored by a commercial vehicle relocator or any other towing |
13 | | service authorized by a law enforcement agency in
compliance |
14 | | with this Section and Sections 4-201 and 4-202
of this Code, or |
15 | | at the request of the vehicle owner or operator,
shall
be |
16 | | subject to a possessor lien for services
pursuant to the Labor |
17 | | and Storage Lien (Small Amount) Act. The provisions of Section |
18 | | 1 of that Act relating to notice
and implied consent shall be |
19 | | deemed satisfied by compliance with Section
18a-302 and |
20 | | subsection (6) of Section 18a-300. In no event shall such lien
|
21 | | be greater than the rate or rates established in accordance |
22 | | with subsection
(6) of Section 18a-200 of this Code. In no |
23 | | event shall such lien be
increased or altered to reflect any |
24 | | charge for services or materials
rendered in addition to those |
25 | | authorized by this Code. Every such lien
shall be payable in |
26 | | cash or by cashier's check, certified check, debit card, |
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1 | | credit card, or wire transfer, at the option of the party |
2 | | taking possession of the vehicle.
|
3 | | (4) Any personal property belonging to the vehicle owner |
4 | | in a vehicle subject to a lien under this
subsection
(g) shall |
5 | | likewise be subject to that lien, excepting only:
child |
6 | | restraint systems as defined in Section 4 of the Child |
7 | | Passenger Protection Act and other child booster seats; |
8 | | eyeglasses; food; medicine; perishable property; any |
9 | | operator's licenses; any cash, credit
cards, or checks or |
10 | | checkbooks; any wallet, purse, or other property
containing |
11 | | any operator's license or other identifying documents or |
12 | | materials,
cash, credit cards, checks, or checkbooks; and any |
13 | | personal property belonging to a person other than the vehicle |
14 | | owner if that person provides adequate proof that the personal |
15 | | property belongs to that person. The spouse, child, mother, |
16 | | father, brother, or sister of the vehicle owner may claim |
17 | | personal property excepted under this paragraph (4) if the |
18 | | person claiming the personal property provides the commercial |
19 | | vehicle relocator or towing service with the authorization of |
20 | | the vehicle owner. |
21 | | (5) This paragraph (5) applies only in the case of a |
22 | | vehicle that is towed as a result of being involved in a crash |
23 | | an accident . In addition to the personal property excepted |
24 | | under paragraph (4), all other personal property in a vehicle |
25 | | subject to a lien under this subsection (g) is exempt from that |
26 | | lien and may be claimed by the vehicle owner if the vehicle |
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1 | | owner provides the commercial vehicle relocator or towing |
2 | | service with proof that the vehicle owner has an insurance |
3 | | policy covering towing and storage fees. The spouse, child, |
4 | | mother, father, brother, or sister of the vehicle owner may |
5 | | claim personal property in a vehicle subject to a lien under |
6 | | this subsection (g) if the person claiming the personal |
7 | | property provides the commercial vehicle relocator or towing |
8 | | service with the authorization of the vehicle owner and proof |
9 | | that the vehicle owner has an insurance policy covering towing |
10 | | and storage fees. The regulation of liens on personal property |
11 | | and exceptions to those liens in the case of vehicles towed as |
12 | | a result of being involved in a crash an accident are
exclusive |
13 | | powers and functions of the State. A home
rule unit may not |
14 | | regulate liens on personal property and exceptions to those |
15 | | liens in the case of vehicles towed as a result of being |
16 | | involved in a crash an accident . This paragraph (5) is a denial |
17 | | and
limitation of home rule powers and functions under
|
18 | | subsection (h) of Section 6 of Article VII of the
Illinois |
19 | | Constitution. |
20 | | (6) No lien under this subsection (g) shall:
exceed $2,000 |
21 | | in its total amount; or
be increased or altered to reflect any |
22 | | charge for services or
materials rendered in addition to those |
23 | | authorized by this Code.
|
24 | | (h) Whenever a peace officer issues a citation to a driver |
25 | | for a violation of subsection (a) of Section 11-506 of this |
26 | | Code, the arresting officer may have the vehicle which the |
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1 | | person was operating at the time of the arrest impounded for a |
2 | | period of 5 days after the time of arrest.
An impounding agency |
3 | | shall release a motor vehicle impounded under this subsection |
4 | | (h) to the registered owner of the vehicle under any of the |
5 | | following circumstances: |
6 | | (1) If the vehicle is a stolen vehicle; or |
7 | | (2) If the person ticketed for a violation of |
8 | | subsection (a) of Section 11-506 of this Code was not |
9 | | authorized by the registered owner of the vehicle to |
10 | | operate the vehicle at the time of the violation; or |
11 | | (3) If the registered owner of the vehicle was neither |
12 | | the driver nor a passenger in the vehicle at the time of |
13 | | the violation or was unaware that the driver was using the |
14 | | vehicle to engage in street racing; or |
15 | | (4) If the legal owner or registered owner of the |
16 | | vehicle is a rental car agency; or |
17 | | (5) If, prior to the expiration of the impoundment |
18 | | period specified above, the citation is dismissed or the |
19 | | defendant is found not guilty of the offense.
|
20 | | (i) Except for vehicles exempted under subsection (b) of |
21 | | Section 7-601 of this Code, whenever a law enforcement officer |
22 | | issues a citation to a driver for a violation of Section 3-707 |
23 | | of this Code, and the driver has a prior conviction for a |
24 | | violation of Section 3-707 of this Code in the past 12 months, |
25 | | the arresting officer shall authorize the removal and |
26 | | impoundment of the vehicle by a towing service. |
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1 | | (Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17; |
2 | | 100-537, eff. 6-1-18; 100-863, eff. 8-14-18.)
|
3 | | (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
|
4 | | Sec. 5-101. New vehicle dealers must be licensed.
|
5 | | (a) No person shall engage in this State in the business of |
6 | | selling
or dealing in, on consignment or otherwise, new |
7 | | vehicles of any make, or
act as an intermediary or agent or |
8 | | broker for any licensed dealer or
vehicle purchaser other than |
9 | | as a salesperson, or represent or advertise
that he is so |
10 | | engaged or intends to so engage in such business unless
|
11 | | licensed to do so in writing by the Secretary of State under |
12 | | the
provisions of this Section.
|
13 | | (b) An application for a new vehicle dealer's license |
14 | | shall be filed
with the Secretary of State, duly verified by |
15 | | oath, on such form as the
Secretary of State may by rule or |
16 | | regulation prescribe and shall contain:
|
17 | | 1. The name and type of business organization of the |
18 | | applicant and
his established and additional places of |
19 | | business, if any, in this State.
|
20 | | 2. If the applicant is a corporation, a list of its |
21 | | officers,
directors, and shareholders having a ten percent |
22 | | or greater ownership
interest in the corporation, setting |
23 | | forth the residence address of
each; if the applicant is a |
24 | | sole proprietorship, a partnership, an
unincorporated |
25 | | association, a trust, or any similar form of business
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1 | | organization, the name and residence address of the |
2 | | proprietor or of
each partner, member, officer, director, |
3 | | trustee, or manager.
|
4 | | 3. The make or makes of new vehicles which the |
5 | | applicant will offer
for sale at retail in this State.
|
6 | | 4. The name of each manufacturer or franchised |
7 | | distributor, if any,
of new vehicles with whom the |
8 | | applicant has contracted for the sale of
such new |
9 | | vehicles. As evidence of this fact, the application shall |
10 | | be
accompanied by a signed statement from each such |
11 | | manufacturer or
franchised distributor. If the applicant |
12 | | is in the business of
offering for sale new conversion |
13 | | vehicles, trucks or vans, except for
trucks modified to |
14 | | serve a special purpose which includes but is not
limited |
15 | | to the following vehicles: street sweepers, fertilizer |
16 | | spreaders,
emergency vehicles, implements of husbandry or |
17 | | maintenance type vehicles,
he must furnish evidence of a |
18 | | sales and service agreement from both the
chassis |
19 | | manufacturer and second stage manufacturer.
|
20 | | 5. A statement that the applicant has been approved |
21 | | for registration
under the Retailers' Occupation Tax Act |
22 | | by the Department of Revenue:
Provided that this |
23 | | requirement does not apply to a dealer who is already
|
24 | | licensed hereunder with the Secretary of State, and who is |
25 | | merely applying
for a renewal of his license. As evidence |
26 | | of this fact, the application
shall be accompanied by a |
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1 | | certification from the Department of Revenue
showing that |
2 | | that Department has approved the applicant for |
3 | | registration
under the Retailers' Occupation Tax Act.
|
4 | | 6. A statement that the applicant has complied with |
5 | | the appropriate
liability insurance requirement. A |
6 | | Certificate of Insurance in a solvent
company authorized |
7 | | to do business in the State of Illinois shall be included
|
8 | | with each application covering each location at which he |
9 | | proposes to act
as a new vehicle dealer. The policy must |
10 | | provide liability coverage in
the minimum amounts of |
11 | | $100,000 for bodily injury to, or death of, any person,
|
12 | | $300,000 for bodily injury to, or death of, two or more |
13 | | persons in any one
crash accident , and $50,000 for damage |
14 | | to property. Such policy shall expire
not sooner than |
15 | | December 31 of the year for which the license was issued
or |
16 | | renewed. The expiration of the insurance policy shall not |
17 | | terminate
the liability under the policy arising during |
18 | | the period for which the
policy was filed. Trailer and |
19 | | mobile home dealers are exempt from this
requirement.
|
20 | | If the permitted user has a liability insurance policy |
21 | | that provides
automobile
liability insurance coverage of |
22 | | at least $100,000 for bodily injury to or the
death of any
|
23 | | person, $300,000 for bodily injury to or the death of any 2 |
24 | | or more persons in
any one crash
accident , and $50,000 for |
25 | | damage to property,
then the permitted user's insurer |
26 | | shall be the primary
insurer and the
dealer's insurer |
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1 | | shall be the secondary insurer. If the permitted user does |
2 | | not
have a liability
insurance policy that provides |
3 | | automobile liability insurance coverage of at
least
|
4 | | $100,000 for bodily injury to or the death of any person, |
5 | | $300,000 for bodily
injury to or the death of any 2 or more |
6 | | persons in any one crash accident , and
$50,000 for damage |
7 | | to property, or does not have any insurance at all,
then |
8 | | the dealer's insurer shall be the primary insurer and the |
9 | | permitted user's
insurer shall be the secondary
insurer.
|
10 | | When a permitted user is "test driving" a new vehicle |
11 | | dealer's automobile,
the new vehicle dealer's insurance |
12 | | shall be primary and the permitted user's
insurance shall |
13 | | be secondary.
|
14 | | As used in this paragraph 6, a "permitted user" is a |
15 | | person who, with the
permission of the new vehicle dealer |
16 | | or an employee of the new vehicle dealer,
drives a vehicle |
17 | | owned and held for sale or lease by the new vehicle dealer
|
18 | | which the person is considering
to purchase or lease, in |
19 | | order to evaluate the performance, reliability, or
|
20 | | condition of the vehicle.
The term "permitted user" also |
21 | | includes a person who, with the permission of
the new
|
22 | | vehicle dealer, drives a vehicle owned or held for sale or |
23 | | lease by the new
vehicle dealer
for loaner purposes while |
24 | | the user's vehicle is being repaired or evaluated.
|
25 | | As used in this paragraph 6, "test driving" occurs |
26 | | when a permitted user
who,
with the permission of the new |
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1 | | vehicle dealer or an employee of the new vehicle
dealer, |
2 | | drives a vehicle owned and held for sale or lease by a new |
3 | | vehicle
dealer that the person is considering to purchase |
4 | | or lease, in order to
evaluate the performance, |
5 | | reliability, or condition of the
vehicle.
|
6 | | As used in this paragraph 6, "loaner purposes" means |
7 | | when a person who,
with the permission of the new vehicle |
8 | | dealer, drives a vehicle owned or held
for sale or lease by |
9 | | the new vehicle dealer while the
user's vehicle is being |
10 | | repaired or evaluated.
|
11 | | 7. (A) An application for a new motor vehicle dealer's |
12 | | license shall be
accompanied by the following license |
13 | | fees:
|
14 | | (i) $1,000 for applicant's established place of |
15 | | business, and
$100 for each
additional place of |
16 | | business, if any, to which the application
pertains; |
17 | | but if the application is made after June 15 of any |
18 | | year, the license
fee shall be $500 for applicant's |
19 | | established place of business
plus
$50 for each |
20 | | additional place of business, if any, to which the
|
21 | | application pertains. License fees shall be returnable |
22 | | only in the event that
the application is denied by the |
23 | | Secretary of State.
All moneys received by the |
24 | | Secretary of State as license fees under this |
25 | | subparagraph (i) prior to applications for the 2004
|
26 | | licensing year
shall be
deposited into the Motor |
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1 | | Vehicle Review Board Fund and shall
be used to |
2 | | administer the Motor Vehicle Review Board under the |
3 | | Motor Vehicle
Franchise Act. Of the money received by |
4 | | the Secretary of State as license
fees under this |
5 | | subparagraph (i) for the 2004
licensing year and
|
6 | | thereafter, 10% shall
be deposited into the Motor |
7 | | Vehicle Review Board Fund and shall be used to
|
8 | | administer the Motor Vehicle Review Board under the |
9 | | Motor Vehicle Franchise Act
and 90% shall be deposited |
10 | | into the General Revenue Fund.
|
11 | | (ii) Except for dealers selling 25 or fewer |
12 | | automobiles or as provided in subsection (h) of |
13 | | Section 5-102.7 of this Code, an Annual Dealer |
14 | | Recovery Fund Fee in the amount of $500 for the |
15 | | applicant's established place of business, and $50 for |
16 | | each additional place of business, if any, to which |
17 | | the application pertains; but if the application is |
18 | | made after June 15 of any year, the fee shall be $250 |
19 | | for the applicant's established place of business plus |
20 | | $25 for each additional place of business, if any, to |
21 | | which the application pertains. For a license renewal |
22 | | application, the fee shall be based on the amount of |
23 | | automobiles sold in the past year according to the |
24 | | following formula: |
25 | | (1) $0 for dealers selling 25 or less |
26 | | automobiles; |
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1 | | (2) $150 for dealers selling more than 25 but |
2 | | less than 200 automobiles; |
3 | | (3) $300 for dealers selling 200 or more |
4 | | automobiles but less than 300 automobiles; and |
5 | | (4) $500 for dealers selling 300 or more |
6 | | automobiles. |
7 | | License fees shall be returnable only in the event |
8 | | that the application is denied by the Secretary of |
9 | | State. Moneys received under this subparagraph (ii) |
10 | | shall be deposited into the Dealer Recovery Trust |
11 | | Fund. |
12 | | (B) An application for a new vehicle dealer's license, |
13 | | other than for
a new motor vehicle dealer's license, shall |
14 | | be accompanied by the following
license fees:
|
15 | | (i) $1,000 for applicant's established place of |
16 | | business, and
$50 for each
additional place of |
17 | | business, if any, to which the application pertains; |
18 | | but if
the application is made after June 15 of any |
19 | | year, the license fee shall be
$500
for applicant's |
20 | | established place of business plus $25 for each
|
21 | | additional
place of business, if any, to which the |
22 | | application pertains. License fees
shall be returnable |
23 | | only in the event that the application is denied by the
|
24 | | Secretary of State. Of the money received by the |
25 | | Secretary of State as
license fees under this |
26 | | subparagraph (i) for the 2004 licensing year and |
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1 | | thereafter,
95% shall be deposited into the General |
2 | | Revenue Fund.
|
3 | | (ii) Except as provided in subsection (h) of |
4 | | Section 5-102.7 of this Code, an Annual Dealer |
5 | | Recovery Fund Fee in the amount of $500 for the |
6 | | applicant's established place of business, and $50 for |
7 | | each additional place of business, if any, to which |
8 | | the application pertains; but if the application is |
9 | | made after June 15 of any year, the fee shall be $250 |
10 | | for the applicant's established place of business plus |
11 | | $25 for each additional place of business, if any, to |
12 | | which the application pertains. License fees shall be |
13 | | returnable only in the event that the application is |
14 | | denied by the Secretary of State. Moneys received |
15 | | under this subparagraph (ii) shall be deposited into |
16 | | the Dealer Recovery Trust Fund. |
17 | | 8. A statement that the applicant's officers, |
18 | | directors,
shareholders having a 10% or greater ownership |
19 | | interest
therein, proprietor, a partner, member, officer, |
20 | | director, trustee, manager
or other principals in the |
21 | | business have not committed in the past 3
years any one |
22 | | violation as determined in any civil, criminal or
|
23 | | administrative proceedings of any one of the following |
24 | | Acts:
|
25 | | (A) The Anti-Theft Laws of the Illinois Vehicle |
26 | | Code;
|
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1 | | (B) The Certificate of Title Laws of the Illinois |
2 | | Vehicle Code;
|
3 | | (C) The Offenses against Registration and |
4 | | Certificates of Title
Laws of the Illinois Vehicle |
5 | | Code;
|
6 | | (D) The Dealers, Transporters, Wreckers and |
7 | | Rebuilders
Laws of the Illinois Vehicle Code;
|
8 | | (E) Section 21-2 of the Criminal Code of 1961 or |
9 | | the Criminal Code of 2012, Criminal Trespass to
|
10 | | Vehicles; or
|
11 | | (F) The Retailers' Occupation Tax Act.
|
12 | | 9. A statement that the applicant's officers, |
13 | | directors,
shareholders having a 10% or greater ownership |
14 | | interest
therein, proprietor, partner, member, officer, |
15 | | director, trustee, manager
or other principals in the |
16 | | business have not committed in any calendar year
3 or more |
17 | | violations, as determined in any civil, criminal or
|
18 | | administrative proceedings, of any one or more of the |
19 | | following Acts:
|
20 | | (A) The Consumer Finance Act;
|
21 | | (B) The Consumer Installment Loan Act;
|
22 | | (C) The Retail Installment Sales Act;
|
23 | | (D) The Motor Vehicle Retail Installment Sales |
24 | | Act;
|
25 | | (E) The Interest Act;
|
26 | | (F) The Illinois Wage Assignment Act;
|
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1 | | (G) Part 8 of Article XII of the Code of Civil |
2 | | Procedure; or
|
3 | | (H) The Consumer Fraud Act.
|
4 | | 9.5. A statement that, within 10 years of application,
|
5 | | each officer, director, shareholder having a
10% or |
6 | | greater ownership interest therein, proprietor,
partner, |
7 | | member, officer, director, trustee, manager, or
other |
8 | | principal in the business of the applicant has not |
9 | | committed, as determined
in any civil, criminal, or |
10 | | administrative proceeding, in
any calendar year one or |
11 | | more
forcible felonies under the Criminal Code of 1961 or |
12 | | the
Criminal Code of 2012, or a violation of either or both |
13 | | Article 16 or 17 of the Criminal Code of 1961 or a |
14 | | violation of either or both Article 16 or 17 of the |
15 | | Criminal Code of 2012, Article 29B of the Criminal Code of |
16 | | 1961 or the Criminal Code of 2012, or a similar |
17 | | out-of-state offense.
For the purposes of this paragraph, |
18 | | "forcible felony" has
the meaning provided in Section 2-8 |
19 | | of the Criminal Code
of 2012. |
20 | | 10. A bond or certificate of deposit in the amount of |
21 | | $50,000 for
each location at which the applicant intends |
22 | | to act as a new vehicle
dealer. The bond shall be for the |
23 | | term of the license, or its renewal, for
which application |
24 | | is made, and shall expire not sooner than
December 31 of |
25 | | the year for which the license was issued or renewed. The |
26 | | bond
shall run to the People of the State of Illinois, with |
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1 | | surety by a bonding or
insurance company authorized to do |
2 | | business in this State. It shall be
conditioned upon the |
3 | | proper transmittal of all title and registration fees and
|
4 | | taxes (excluding taxes under the Retailers' Occupation Tax |
5 | | Act) accepted by the
applicant as a new vehicle dealer.
|
6 | | 11. Such other information concerning the business of |
7 | | the applicant as
the Secretary of State may by rule or |
8 | | regulation prescribe.
|
9 | | 12. A statement that the applicant understands Chapter |
10 | | 1 through
Chapter 5 of this Code.
|
11 | | 13. The full name, address, and contact information of |
12 | | each of the dealer's agents or legal representatives who |
13 | | is an Illinois resident and liable for the performance of |
14 | | the dealership. |
15 | | (c) Any change which renders no longer accurate any |
16 | | information
contained in any application for a new vehicle |
17 | | dealer's license shall be
amended within 30 days after the |
18 | | occurrence of such change on such form
as the Secretary of |
19 | | State may prescribe by rule or regulation,
accompanied by an |
20 | | amendatory fee of $2.
|
21 | | (d) Anything in this Chapter 5 to the contrary |
22 | | notwithstanding no
person shall be licensed as a new vehicle |
23 | | dealer unless:
|
24 | | 1. He is authorized by contract in writing between |
25 | | himself and the
manufacturer or franchised distributor of |
26 | | such make of vehicle to so
sell the same in this State, and
|
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1 | | 2. Such person shall maintain an established place of |
2 | | business as
defined in this Act.
|
3 | | (e) The Secretary of State shall, within a reasonable time |
4 | | after
receipt, examine an application submitted to him under |
5 | | this Section and
unless he makes a determination that the |
6 | | application submitted to him
does not conform with the |
7 | | requirements of this Section or that grounds
exist for a |
8 | | denial of the application, under Section 5-501 of this
|
9 | | Chapter, grant the applicant an original new vehicle dealer's |
10 | | license in
writing for his established place of business and a |
11 | | supplemental license
in writing for each additional place of |
12 | | business in such form as he may
prescribe by rule or regulation |
13 | | which shall include the following:
|
14 | | 1. The name of the person licensed;
|
15 | | 2. If a corporation, the name and address of its |
16 | | officers or if a
sole proprietorship, a partnership, an |
17 | | unincorporated association or any
similar form of business |
18 | | organization, the name and address of the
proprietor or of |
19 | | each partner, member, officer, director, trustee or
|
20 | | manager;
|
21 | | 3. In the case of an original license, the established |
22 | | place of
business of the licensee;
|
23 | | 4. In the case of a supplemental license, the |
24 | | established place of
business of the licensee and the |
25 | | additional place of business to which such
supplemental |
26 | | license pertains;
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1 | | 5. The make or makes of new vehicles which the |
2 | | licensee is licensed
to sell;
|
3 | | 6. 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 | | (f) The appropriate instrument evidencing the license or a |
8 | | certified
copy thereof, provided by the Secretary of State, |
9 | | shall be kept posted
conspicuously in the established place of |
10 | | business of the licensee and
in each additional place of |
11 | | business, if any, maintained by such
licensee.
|
12 | | (g) Except as provided in subsection (h) hereof, all new |
13 | | vehicle
dealer's licenses granted under this Section shall |
14 | | expire by operation
of law on December 31 of the calendar year |
15 | | for which they are granted
unless sooner revoked or cancelled |
16 | | under the provisions of Section 5-501
of this Chapter.
|
17 | | (h) A new vehicle dealer's license may be renewed upon |
18 | | application
and payment of the fee required herein, and |
19 | | submission of proof of
coverage under an approved bond under |
20 | | the Retailers' Occupation Tax
Act or proof that applicant is |
21 | | not subject to such bonding
requirements, as in the case of an |
22 | | original license, but in case an
application for the renewal |
23 | | of an effective license is made during the
month of December, |
24 | | the effective license shall remain in force until the
|
25 | | application is granted or denied by the Secretary of State.
|
26 | | (i) All persons licensed as a new vehicle dealer are |
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1 | | required to
furnish each purchaser of a motor vehicle:
|
2 | | 1. In the case of a new vehicle a manufacturer's |
3 | | statement of origin
and in the case of a used motor vehicle |
4 | | a certificate of title, in
either case properly assigned |
5 | | to the purchaser;
|
6 | | 2. A statement verified under oath that all |
7 | | identifying numbers on
the vehicle agree with those on the |
8 | | certificate of title or
manufacturer's statement of |
9 | | origin;
|
10 | | 3. A bill of sale properly executed on behalf of such |
11 | | person;
|
12 | | 4. A copy of the Uniform Invoice-transaction reporting |
13 | | return
referred to in Section 5-402 hereof;
|
14 | | 5. In the case of a rebuilt vehicle, a copy of the |
15 | | Disclosure of Rebuilt
Vehicle Status; and
|
16 | | 6. In the case of a vehicle for which the warranty has |
17 | | been reinstated, a
copy of the warranty.
|
18 | | (j) Except at the time of sale or repossession of the |
19 | | vehicle, no person
licensed as a new vehicle dealer may issue |
20 | | any other person a newly created
key to a vehicle unless the |
21 | | new vehicle dealer makes a color photocopy or electronic scan |
22 | | of the driver's
license or State identification card of the |
23 | | person requesting or obtaining the
newly created key. The new |
24 | | vehicle dealer must retain the photocopy or scan for 30 days.
|
25 | | A new vehicle dealer who violates this subsection (j) is |
26 | | guilty of a
petty offense. Violation of this subsection (j) is |
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1 | | not cause to suspend,
revoke,
cancel, or deny renewal of the |
2 | | new vehicle dealer's license.
|
3 | | This amendatory Act of 1983 shall be applicable to the |
4 | | 1984 registration
year and thereafter.
|
5 | | (k) If a licensee under this Section voluntarily |
6 | | surrenders a license to the Illinois Secretary of State Police |
7 | | or a representative of the Secretary of State Vehicle Services |
8 | | Department due to the licensee's inability to adhere to |
9 | | recordkeeping provisions, or the inability to properly issue |
10 | | certificates of title or registrations under this Code, or the |
11 | | Secretary revokes a license under this Section, then the |
12 | | licensee and the licensee's agent, designee, or legal |
13 | | representative, if applicable, may not be named on a new |
14 | | application for a licensee under this Section or under this |
15 | | Chapter, nor is the licensee or the licensee's agent, |
16 | | designee, or legal representative permitted to work for |
17 | | another licensee under this Chapter in a recordkeeping, |
18 | | management, or financial position or as an employee who |
19 | | handles certificate of title and registration documents and |
20 | | applications. |
21 | | (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22 .)
|
22 | | (625 ILCS 5/5-101.1)
|
23 | | Sec. 5-101.1. Motor vehicle financing affiliates; |
24 | | licensing.
|
25 | | (a) In this State no business shall engage in the business |
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1 | | of a motor
vehicle financing
affiliate without a license to do |
2 | | so in writing from the Secretary of State.
|
3 | | (b) An application for a motor vehicle financing |
4 | | affiliate's license must be
filed with
the Secretary of State, |
5 | | duly verified by oath, on a form prescribed by the
Secretary of
|
6 | | State and shall contain all of the following:
|
7 | | (1) The name and type of business organization of the |
8 | | applicant and the
applicant's
established place of |
9 | | business and any additional places of business in this
|
10 | | State.
|
11 | | (2) The name and address of the licensed new or used |
12 | | vehicle dealer to
which the
applicant will be selling, |
13 | | transferring, or assigning new or used motor
vehicles |
14 | | pursuant
to a written contract. If more than one dealer is |
15 | | on the application, the
applicant shall
state in writing |
16 | | the basis of common ownership among the dealers.
|
17 | | (3) A list of the business organization's officers, |
18 | | directors, members,
and
shareholders having a 10% or |
19 | | greater ownership interest in the business,
providing the
|
20 | | residential address for each person listed.
|
21 | | (4) If selling, transferring, or assigning new motor |
22 | | vehicles, the make or
makes of
new vehicles that it will |
23 | | sell, assign, or otherwise transfer to the
contracting new |
24 | | motor
vehicle dealer listed on the application pursuant to |
25 | | paragraph (2).
|
26 | | (5) The name of each manufacturer or franchised |
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1 | | distributor, if any, of
new
vehicles with whom the |
2 | | applicant has contracted for the sale of new vehicles
and |
3 | | a signed
statement from each manufacturer or franchised |
4 | | distributor acknowledging the
contract.
|
5 | | (6) A statement that the applicant has been approved |
6 | | for registration
under the
Retailers' Occupation Tax Act |
7 | | by the Department of Revenue. This requirement
does not
|
8 | | apply to a motor vehicle financing affiliate that is |
9 | | already licensed with the
Secretary of
State and is |
10 | | applying for a renewal of its license.
|
11 | | (7) A statement that the applicant has complied with |
12 | | the appropriate
liability
insurance requirement and a |
13 | | Certificate of Insurance that shall not expire
before
|
14 | | December 31 of the year for which the license was issued or |
15 | | renewed with a
minimum
liability coverage of $100,000 for |
16 | | the bodily injury or death of any person,
$300,000 for
the |
17 | | bodily injury or death of 2 or more persons in any one |
18 | | crash accident , and
$50,000 for
damage to property. The |
19 | | expiration of the insurance policy shall not terminate
the
|
20 | | liability under the policy arising during the period for |
21 | | which the policy was
filed. Trailer
and mobile home |
22 | | dealers are exempt from the requirements of this |
23 | | paragraph. A
motor
vehicle financing affiliate is exempt |
24 | | from the requirements of this paragraph
if it is
covered |
25 | | by the insurance policy of the new or used dealer listed on |
26 | | the
application
pursuant to paragraph (2).
|
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1 | | (8) A license fee of $1,000 for the applicant's |
2 | | established place of
business and
$250 for each additional |
3 | | place of business, if any, to which the application
|
4 | | pertains.
However, if the application is made after June |
5 | | 15 of any year, the license fee
shall be
$500 for the |
6 | | applicant's established place of business and $125 for |
7 | | each
additional place
of business, if any, to which the |
8 | | application pertains. These license fees
shall be
|
9 | | returnable only in the event that the application is |
10 | | denied by the Secretary of
State.
|
11 | | (9) A statement incorporating the requirements of |
12 | | paragraphs 8 and 9 of
subsection (b) of Section 5-101.
|
13 | | (10) Any other information concerning the business of |
14 | | the applicant as the
Secretary of State may prescribe.
|
15 | | (11) A statement that the applicant understands |
16 | | Chapter 1 through Chapter
5 of
this Code.
|
17 | | (12) The full name, address, and contact information |
18 | | of each of the dealer's agents or legal representatives |
19 | | who is an Illinois resident and liable for the performance |
20 | | of the dealership. |
21 | | (c) Any change which renders no longer accurate any |
22 | | information contained in
any
application for a motor vehicle |
23 | | financing affiliate's license shall be amended
within 30
days |
24 | | after the occurrence of the change on a form prescribed by the |
25 | | Secretary
of State,
accompanied by an amendatory fee of $2.
|
26 | | (d) If a new vehicle dealer is not listed on the |
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1 | | application, pursuant to
paragraph (2) of
subsection (b), the |
2 | | motor vehicle financing affiliate shall not receive,
possess, |
3 | | or transfer
any new vehicle. If a new motor vehicle dealer is |
4 | | listed on the application,
pursuant to
paragraph (2) of |
5 | | subsection (b), the new motor vehicle dealer can only receive
|
6 | | those new
cars it is permitted to receive under its franchise |
7 | | agreement. If both a new
and used
motor vehicle dealer are |
8 | | listed on the application, pursuant to paragraph (2)
of |
9 | | subsection
(b), only the new motor vehicle dealer may receive |
10 | | new motor vehicles. If a
used motor
vehicle is listed on the |
11 | | application, pursuant to paragraph (2) of
subsection (b), the |
12 | | used
motor vehicle dealer shall not receive any new motor |
13 | | vehicles.
|
14 | | (e) The applicant and dealer provided pursuant to |
15 | | paragraph (2) of
subsection (b)
must be business organizations |
16 | | registered to conduct business in Illinois.
Three-fourths
of |
17 | | the dealer's board of directors must be members of the motor |
18 | | vehicle
financing
affiliate's board of directors, if |
19 | | applicable.
|
20 | | (f) Unless otherwise provided in this Chapter 5, no |
21 | | business organization
registered to
do business in Illinois |
22 | | shall be licensed as a motor vehicle financing
affiliate |
23 | | unless:
|
24 | | (1) The motor vehicle financing affiliate shall only |
25 | | sell, transfer, or
assign motor
vehicles to the licensed |
26 | | new or used dealer listed on the application pursuant
to |
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1 | | paragraph (2) of subsection (b).
|
2 | | (2) The motor vehicle financing affiliate sells, |
3 | | transfers, or assigns to
the new
motor vehicle dealer |
4 | | listed on the application, if any, only those new motor
|
5 | | vehicles the
motor vehicle financing affiliate has |
6 | | received under the contract set forth in
paragraph (5)
of |
7 | | subsection (b).
|
8 | | (3) Any new vehicle dealer listed pursuant to |
9 | | paragraph (2) of subsection
(b) has a
franchise agreement |
10 | | that permits the dealer to receive motor vehicles from the
|
11 | | motor
vehicle franchise affiliate.
|
12 | | (4) The new or used motor vehicle dealer listed on the |
13 | | application
pursuant to
paragraph (2) of subsection (b) |
14 | | has one established place of business or
supplemental
|
15 | | places of business as referenced in subsection (g).
|
16 | | (g) The Secretary of State shall, within a reasonable time |
17 | | after receipt,
examine an
application submitted pursuant to |
18 | | this Section and, unless it is determined
that the
application |
19 | | does not conform with the requirements of this Section or that
|
20 | | grounds exist
for a denial of the application under Section |
21 | | 5-501, grant the applicant a
motor vehicle
financing affiliate |
22 | | license in writing for the applicant's established place of
|
23 | | business and
a supplemental license in writing for each |
24 | | additional place of business in a
form prescribed
by the |
25 | | Secretary, which shall include all of the following:
|
26 | | (1) The name of the business licensed;
|
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1 | | (2) The name and address of its officers, directors, |
2 | | or members, as
applicable;
|
3 | | (3) In the case of an original license, the |
4 | | established place of business
of the
licensee;
|
5 | | (4) If applicable, the make or makes of new vehicles |
6 | | which the licensee is
licensed
to sell to the new motor |
7 | | vehicle dealer listed on the application pursuant to
|
8 | | paragraph (2)
of subsection (b); and
|
9 | | (5) The full name, address, and contact information of |
10 | | each of the dealer's agents or legal representatives who |
11 | | is an Illinois resident and liable for the performance of |
12 | | the dealership. |
13 | | (h) The appropriate instrument evidencing the license or a |
14 | | certified copy,
provided by
the Secretary of State, shall be |
15 | | kept posted conspicuously in the established
place of
business |
16 | | of the licensee.
|
17 | | (i) Except as provided in subsection (h), all motor |
18 | | vehicle financing
affiliate's
licenses granted under this |
19 | | Section shall expired by operation of law on
December 31 of
the |
20 | | calendar year for which they are granted, unless revoked or |
21 | | canceled at an
earlier date
pursuant to Section 5-501.
|
22 | | (j) A motor vehicle financing affiliate's license may be |
23 | | renewed upon
application and
payment of the required fee. |
24 | | However, when an application for renewal of a
motor
vehicle |
25 | | financing affiliate's license is made during the month of |
26 | | December, the
effective
license shall remain in force until |
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1 | | the application is granted or denied by the
Secretary of
|
2 | | State.
|
3 | | (k) The contract a motor vehicle financing affiliate has |
4 | | with a manufacturer
or
franchised distributor, as provided in |
5 | | paragraph (5) of subsection (b), shall
only permit
the |
6 | | applicant to sell, transfer, or assign new motor vehicles to |
7 | | the new motor
vehicle
dealer listed on the application |
8 | | pursuant to paragraph (2) of subsection (b).
The contract
|
9 | | shall specifically prohibit the motor vehicle financing |
10 | | affiliate from selling
motor
vehicles at retail. This contract |
11 | | shall not be considered the granting of a
franchise as
defined |
12 | | in Section 2 of the Motor Vehicle Franchise Act.
|
13 | | (l) When purchasing of a motor vehicle by a new or used |
14 | | motor vehicle
dealer, all
persons licensed as a motor vehicle |
15 | | financing affiliate are required to furnish
all of the
|
16 | | following:
|
17 | | (1) For a new vehicle, a manufacturer's statement of |
18 | | origin properly
assigned to
the purchasing dealer. For a |
19 | | used vehicle, a certificate of title properly
assigned to |
20 | | the
purchasing dealer.
|
21 | | (2) A statement verified under oath that all |
22 | | identifying numbers on the
vehicle
agree with those on the |
23 | | certificate of title or manufacturer's statement of
|
24 | | origin.
|
25 | | (3) A bill of sale properly executed on behalf of the |
26 | | purchasing dealer.
|
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1 | | (4) A copy of the Uniform Invoice-transaction report |
2 | | pursuant to Section
5-402.
|
3 | | (5) In the case of a rebuilt vehicle, a copy of the |
4 | | Disclosure of Rebuilt
Vehicle
Status pursuant to Section |
5 | | 5-104.3.
|
6 | | (6) In the case of a vehicle for which a warranty has |
7 | | been reinstated, a
copy of the
warranty.
|
8 | | (m) The motor vehicle financing affiliate shall use the |
9 | | established and
supplemental
place or places of business the |
10 | | new or used vehicle dealer listed on the
application
pursuant |
11 | | to paragraph (2) of subsection (b) as its established and |
12 | | supplemental
place or
places of business.
|
13 | | (n) The motor vehicle financing affiliate shall keep all |
14 | | books and records
required by
this Code with the books and |
15 | | records of the new or used vehicle dealer listed
on the
|
16 | | application pursuant to paragraph (2) of subsection (b). The |
17 | | motor vehicle
financing
affiliate may use the books and |
18 | | records of the new or used motor vehicle dealer
listed on
the |
19 | | application pursuant to paragraph (2) of subsection (b).
|
20 | | (o) Under no circumstances shall a motor vehicle financing |
21 | | affiliate sell,
transfer, or
assign a new vehicle to any place |
22 | | of business of a new motor vehicle dealer,
unless that
place of |
23 | | business is licensed under this Chapter to sell, assign, or |
24 | | otherwise
transfer the
make of the new motor vehicle |
25 | | transferred.
|
26 | | (p) All moneys received by the Secretary of State as |
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1 | | license fees under this
Section
shall be deposited into the |
2 | | Motor Vehicle Review Board Fund and shall be used
to
|
3 | | administer the Motor Vehicle Review Board under the Motor |
4 | | Vehicle Franchise
Act.
|
5 | | (q) Except as otherwise provided in this Section, a motor |
6 | | vehicle financing
affiliate
shall comply with all provisions |
7 | | of this Code.
|
8 | | (r) If a licensee under this Section voluntarily |
9 | | surrenders a license to the Illinois Secretary of State Police |
10 | | or a representative of the Secretary of State Vehicle Services |
11 | | Department due to the licensee's inability to adhere to |
12 | | recordkeeping provisions, or the inability to properly issue |
13 | | certificates of title or registrations under this Code, or the |
14 | | Secretary revokes a license under this Section, then the |
15 | | licensee and the licensee's agent, designee, or legal |
16 | | representative, if applicable, may not be named on a new |
17 | | application for a licensee under this Section or under this |
18 | | Chapter, nor is the licensee or the licensee's agent, |
19 | | designee, or legal representative permitted to work for |
20 | | another licensee under this Chapter in a recordkeeping, |
21 | | management, or financial position or as an employee who |
22 | | handles certificate of title and registration documents and |
23 | | applications. |
24 | | (Source: P.A. 102-154, eff. 1-1-22 .)
|
25 | | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
|
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1 | | Sec. 5-102. Used vehicle dealers must be licensed.
|
2 | | (a) No person, other than a licensed new vehicle dealer, |
3 | | shall engage in
the business of selling or dealing in, on |
4 | | consignment or otherwise, 5 or
more used vehicles of any make |
5 | | during the year (except house trailers as
authorized by |
6 | | paragraph (j) of this Section and rebuilt salvage vehicles
|
7 | | sold by their rebuilders to persons licensed under this |
8 | | Chapter), or act as
an intermediary, agent or broker for any |
9 | | licensed dealer or vehicle
purchaser (other than as a |
10 | | salesperson) or represent or advertise that he
is so engaged |
11 | | or intends to so engage in such business unless licensed to
do |
12 | | so by the Secretary of State under the provisions of this |
13 | | Section.
|
14 | | (b) An application for a used vehicle dealer's license |
15 | | shall be
filed with the Secretary of State, duly verified by |
16 | | oath, in such form
as the Secretary of State may by rule or |
17 | | regulation prescribe and shall
contain:
|
18 | | 1. The name and type of business organization |
19 | | established and additional
places of business, if any, in |
20 | | this State.
|
21 | | 2. If the applicant is a corporation, a list of its |
22 | | officers,
directors, and shareholders having a ten percent |
23 | | or greater ownership
interest in the corporation, setting |
24 | | forth the residence address of
each; if the applicant is a |
25 | | sole proprietorship, a partnership, an
unincorporated |
26 | | association, a trust, or any similar form of business
|
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1 | | organization, the names and residence address of the |
2 | | proprietor or of
each partner, member, officer, director, |
3 | | trustee , or manager.
|
4 | | 3. A statement that the applicant has been approved |
5 | | for registration
under the Retailers' Occupation Tax Act |
6 | | by the Department of Revenue. However,
this requirement |
7 | | does not apply to a dealer who is already licensed
|
8 | | hereunder with the Secretary of State, and who is merely |
9 | | applying for a
renewal of his license. As evidence of this |
10 | | fact, the application shall be
accompanied by a |
11 | | certification from the Department of Revenue showing that
|
12 | | the Department has approved the applicant for registration |
13 | | under the
Retailers' Occupation Tax Act.
|
14 | | 4. A statement that the applicant has complied with |
15 | | the appropriate
liability insurance requirement. A |
16 | | Certificate of Insurance in a solvent
company authorized |
17 | | to do business in the State of Illinois shall be included
|
18 | | with each application covering each location at which he |
19 | | proposes to act
as a used vehicle dealer. The policy must |
20 | | provide liability coverage in
the minimum amounts of |
21 | | $100,000 for bodily injury to, or death of, any person,
|
22 | | $300,000 for bodily injury to, or death of, two or more |
23 | | persons in any one crash
accident , and $50,000 for damage |
24 | | to property. Such policy shall expire
not sooner than |
25 | | December 31 of the year for which the license was issued
or |
26 | | renewed. The expiration of the insurance policy shall not |
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1 | | terminate
the liability under the policy arising during |
2 | | the period for which the policy
was filed. Trailer and |
3 | | mobile home dealers are exempt from this requirement.
|
4 | | If the permitted user has a liability insurance policy |
5 | | that provides
automobile
liability insurance coverage of |
6 | | at least $100,000 for bodily injury to or the
death of any
|
7 | | person, $300,000 for bodily injury to or the death of any 2 |
8 | | or more persons in
any one crash
accident , and $50,000 for |
9 | | damage to property,
then the permitted user's insurer |
10 | | shall be the primary
insurer and the
dealer's insurer |
11 | | shall be the secondary insurer. If the permitted user does |
12 | | not
have a liability
insurance policy that provides |
13 | | automobile liability insurance coverage of at
least
|
14 | | $100,000 for bodily injury to or the death of any person, |
15 | | $300,000 for bodily
injury to or
the death of any 2 or more |
16 | | persons in any one crash accident , and $50,000 for damage
|
17 | | to
property, or does not have any insurance at all,
then |
18 | | the
dealer's
insurer shall be the primary insurer and the |
19 | | permitted user's insurer shall be
the secondary
insurer.
|
20 | | When a permitted user is "test driving" a used vehicle |
21 | | dealer's automobile,
the used vehicle dealer's insurance |
22 | | shall be primary and the permitted user's
insurance shall |
23 | | be secondary.
|
24 | | As used in this paragraph 4, a "permitted user" is a |
25 | | person who, with the
permission of the used vehicle dealer |
26 | | or an employee of the used vehicle
dealer, drives a |
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1 | | vehicle owned and held for sale or lease by the used |
2 | | vehicle
dealer which the person is considering to purchase |
3 | | or lease, in order to
evaluate the performance, |
4 | | reliability, or condition of the vehicle.
The term |
5 | | "permitted user" also includes a person who, with the |
6 | | permission of
the used
vehicle dealer, drives a vehicle |
7 | | owned or held for sale or lease by the used
vehicle dealer
|
8 | | for loaner purposes while the user's vehicle is being |
9 | | repaired or evaluated.
|
10 | | As used in this paragraph 4, "test driving" occurs |
11 | | when a permitted user
who,
with the permission of the used |
12 | | vehicle dealer or an employee of the used
vehicle
dealer, |
13 | | drives a vehicle owned and held for sale or lease by a used |
14 | | vehicle
dealer that the person is considering to purchase |
15 | | or lease, in order to
evaluate the performance, |
16 | | reliability, or condition of the
vehicle.
|
17 | | As used in this paragraph 4, "loaner purposes" means |
18 | | when a person who,
with the permission of the used vehicle |
19 | | dealer, drives a vehicle owned or held
for sale or lease by |
20 | | the used vehicle dealer while the
user's vehicle is being |
21 | | repaired or evaluated.
|
22 | | 5. An application for a used vehicle dealer's license |
23 | | shall be
accompanied by the following license fees:
|
24 | | (A) $1,000 for applicant's established place of |
25 | | business, and
$50 for
each additional place of |
26 | | business, if any, to which the application
pertains; |
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1 | | however, if the application is made after June 15 of |
2 | | any
year, the license fee shall be $500 for |
3 | | applicant's established
place of
business plus $25 for |
4 | | each additional place of business, if any,
to
which |
5 | | the application pertains. License fees shall be |
6 | | returnable only in
the event that the application is |
7 | | denied by
the Secretary of State. Of the money |
8 | | received by the Secretary of State as
license fees |
9 | | under this subparagraph (A) for the 2004 licensing |
10 | | year and thereafter, 95%
shall be deposited into the |
11 | | General Revenue Fund.
|
12 | | (B) Except for dealers selling 25 or fewer |
13 | | automobiles or as provided in subsection (h) of |
14 | | Section 5-102.7 of this Code, an Annual Dealer |
15 | | Recovery Fund Fee in the amount of $500 for the |
16 | | applicant's established place of business, and $50 for |
17 | | each additional place of business, if any, to which |
18 | | the application pertains; but if the application is |
19 | | made after June 15 of any year, the fee shall be $250 |
20 | | for the applicant's established place of business plus |
21 | | $25 for each additional place of business, if any, to |
22 | | which the application pertains. For a license renewal |
23 | | application, the fee shall be based on the amount of |
24 | | automobiles sold in the past year according to the |
25 | | following formula: |
26 | | (1) $0 for dealers selling 25 or less |
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1 | | automobiles; |
2 | | (2) $150 for dealers selling more than 25 but |
3 | | less than 200 automobiles; |
4 | | (3) $300 for dealers selling 200 or more |
5 | | automobiles but less than 300 automobiles; and |
6 | | (4) $500 for dealers selling 300 or more |
7 | | automobiles. |
8 | | License fees shall be returnable only in the event |
9 | | that the application is denied by the Secretary of |
10 | | State. Moneys received under this subparagraph (B) |
11 | | shall be deposited into the Dealer Recovery Trust |
12 | | Fund. |
13 | | 6. A statement that the applicant's officers, |
14 | | directors, shareholders
having a 10% or greater ownership |
15 | | interest therein, proprietor, partner,
member, officer, |
16 | | director, trustee, manager , or other principals in the
|
17 | | business have not committed in the past 3 years any one |
18 | | violation as
determined in any civil, criminal , or |
19 | | administrative proceedings of any one
of the following |
20 | | Acts:
|
21 | | (A) The Anti-Theft Laws of the Illinois Vehicle |
22 | | Code;
|
23 | | (B) The Certificate of Title Laws of the Illinois |
24 | | Vehicle Code;
|
25 | | (C) The Offenses against Registration and |
26 | | Certificates of Title
Laws of the Illinois Vehicle |
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1 | | Code;
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2 | | (D) The Dealers, Transporters, Wreckers and |
3 | | Rebuilders Laws of the
Illinois Vehicle Code;
|
4 | | (E) Section 21-2 of the Illinois Criminal Code of |
5 | | 1961 or the Criminal Code of 2012, Criminal
Trespass |
6 | | to Vehicles; or
|
7 | | (F) The Retailers' Occupation Tax Act.
|
8 | | 7. A statement that the applicant's officers, |
9 | | directors,
shareholders having a 10% or greater ownership |
10 | | interest therein,
proprietor, partner, member, officer, |
11 | | director, trustee, manager , or
other principals in the |
12 | | business have not committed in any calendar year
3 or more |
13 | | violations, as determined in any civil , or criminal , or
|
14 | | administrative proceedings, of any one or more of the |
15 | | following Acts:
|
16 | | (A) The Consumer Finance Act;
|
17 | | (B) The Consumer Installment Loan Act;
|
18 | | (C) The Retail Installment Sales Act;
|
19 | | (D) The Motor Vehicle Retail Installment Sales |
20 | | Act;
|
21 | | (E) The Interest Act;
|
22 | | (F) The Illinois Wage Assignment Act;
|
23 | | (G) Part 8 of Article XII of the Code of Civil |
24 | | Procedure; or
|
25 | | (H) The Consumer Fraud and Deceptive Business |
26 | | Practices Act.
|
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1 | | 7.5. A statement that, within 10 years of application,
|
2 | | each officer, director, shareholder having a
10% or |
3 | | greater ownership interest therein, proprietor,
partner, |
4 | | member, officer, director, trustee, manager, or
other |
5 | | principal in the business of the applicant has not |
6 | | committed, as determined
in any civil, criminal, or |
7 | | administrative proceeding, in
any calendar year one or |
8 | | more
forcible felonies under the Criminal Code of 1961 or |
9 | | the
Criminal Code of 2012, or a violation of either or both |
10 | | Article 16 or 17 of the Criminal Code of 1961 or a |
11 | | violation of either or both Article 16 or 17 of the |
12 | | Criminal Code of 2012, Article 29B of the Criminal Code of |
13 | | 1961 or the Criminal Code of 2012, or a similar |
14 | | out-of-state offense.
For the purposes of this paragraph, |
15 | | "forcible felony" has
the meaning provided in Section 2-8 |
16 | | of the Criminal Code
of 2012. |
17 | | 8. A bond or Certificate of Deposit in the amount of |
18 | | $50,000 for
each location at which the applicant intends |
19 | | to act as a used vehicle
dealer. The bond shall be for the |
20 | | term of the license, or its renewal, for
which application |
21 | | is made, and shall expire not sooner than December 31 of
|
22 | | the year for which the license was issued or renewed. The |
23 | | bond shall run
to the People of the State of Illinois, with |
24 | | surety by a bonding or
insurance company authorized to do |
25 | | business in this State. It shall be
conditioned upon the |
26 | | proper transmittal of all title and registration fees
and |
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1 | | taxes (excluding taxes under the Retailers' Occupation Tax |
2 | | Act) accepted
by the applicant as a used vehicle dealer.
|
3 | | 9. Such other information concerning the business of |
4 | | the applicant as
the Secretary of State may by rule or |
5 | | regulation prescribe.
|
6 | | 10. A statement that the applicant understands Chapter |
7 | | 1 through
Chapter 5 of this Code.
|
8 | | 11. A copy of the certification from the prelicensing |
9 | | education
program. |
10 | | 12. The full name, address, and contact information of |
11 | | each of the dealer's agents or legal representatives who |
12 | | is an Illinois resident and liable for the performance of |
13 | | the dealership. |
14 | | (c) Any change which renders no longer accurate any |
15 | | information
contained in any application for a used vehicle |
16 | | dealer's license shall
be amended within 30 days after the |
17 | | occurrence of each change on such
form as the Secretary of |
18 | | State may prescribe by rule or regulation,
accompanied by an |
19 | | amendatory fee of $2.
|
20 | | (d) Anything in this Chapter to the contrary |
21 | | notwithstanding, no
person shall be licensed as a used vehicle |
22 | | dealer unless such person
maintains an established place of |
23 | | business as
defined in this Chapter.
|
24 | | (e) The Secretary of State shall, within a reasonable time |
25 | | after
receipt, examine an application submitted to him under |
26 | | this Section.
Unless the Secretary makes a determination that |
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1 | | the application
submitted to him does not conform to this |
2 | | Section or that grounds exist
for a denial of the application |
3 | | under Section 5-501 of this Chapter, he
must grant the |
4 | | applicant an original used vehicle dealer's license in
writing |
5 | | for his established place of business and a supplemental |
6 | | license
in writing for each additional place of business in |
7 | | such form as he may
prescribe by rule or regulation which shall |
8 | | include the following:
|
9 | | 1. The name of the person licensed;
|
10 | | 2. If a corporation, the name and address of its |
11 | | officers or if a
sole proprietorship, a partnership, an |
12 | | unincorporated association or any
similar form of business |
13 | | organization, the name and address of the
proprietor or of |
14 | | each partner, member, officer, director, trustee , or
|
15 | | manager;
|
16 | | 3. In case of an original license, the established |
17 | | place of business
of the licensee;
|
18 | | 4. In the case of a supplemental license, the |
19 | | established place of
business of the licensee and the |
20 | | additional place of business to which such
supplemental |
21 | | license pertains;
|
22 | | 5. The full name, address, and contact information of |
23 | | each of the dealer's agents or legal representatives who |
24 | | is an Illinois resident and liable for the performance of |
25 | | the dealership. |
26 | | (f) The appropriate instrument evidencing the license or a |
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1 | | certified
copy thereof, provided by the Secretary of State |
2 | | shall be kept posted,
conspicuously, in the established place |
3 | | of business of the licensee and
in each additional place of |
4 | | business, if any, maintained by such
licensee.
|
5 | | (g) Except as provided in subsection (h) of this Section, |
6 | | all used
vehicle dealer's licenses granted under this Section |
7 | | expire by operation
of law on December 31 of the calendar year |
8 | | for which they are granted
unless sooner revoked or cancelled |
9 | | under Section 5-501 of this Chapter.
|
10 | | (h) A used vehicle dealer's license may be renewed upon |
11 | | application
and payment of the fee required herein, and |
12 | | submission of proof of
coverage by an approved bond under the |
13 | | " Retailers' Occupation Tax Act "
or proof that applicant is not |
14 | | subject to such bonding requirements, as
in the case of an |
15 | | original license, but in case an application for the
renewal |
16 | | of an effective license is made during the month of December,
|
17 | | the effective license shall remain in force until the |
18 | | application for
renewal is granted or denied by the Secretary |
19 | | of State.
|
20 | | (i) All persons licensed as a used vehicle dealer are |
21 | | required to
furnish each purchaser of a motor vehicle:
|
22 | | 1. A certificate of title properly assigned to the |
23 | | 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;
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1 | | 3. A bill of sale properly executed on behalf of such |
2 | | person;
|
3 | | 4. A copy of the Uniform Invoice-transaction reporting |
4 | | return
referred to in Section 5-402 of this Chapter;
|
5 | | 5. In the case of a rebuilt vehicle, a copy of the |
6 | | Disclosure of Rebuilt
Vehicle Status; and
|
7 | | 6. In the case of a vehicle for which the warranty has |
8 | | been reinstated, a
copy of the warranty.
|
9 | | (j) A real estate broker holding a valid certificate of |
10 | | registration issued
pursuant to "The Real Estate Brokers and |
11 | | Salesmen License Act" may engage
in the business of selling or |
12 | | dealing in house trailers not his own without
being licensed |
13 | | as a used vehicle dealer under this Section; however such
|
14 | | broker shall maintain a record of the transaction including |
15 | | the following:
|
16 | | (1) the name and address of the buyer and seller,
|
17 | | (2) the date of sale,
|
18 | | (3) a description of the mobile home, including the |
19 | | vehicle identification
number, make, model, and year, and
|
20 | | (4) the Illinois certificate of title number.
|
21 | | The foregoing records shall be available for inspection by |
22 | | any officer
of the Secretary of State's Office at any |
23 | | reasonable hour.
|
24 | | (k) Except at the time of sale or repossession of the |
25 | | vehicle, no
person licensed as a used vehicle dealer may issue |
26 | | any other person a newly
created key to a vehicle unless the |
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1 | | used vehicle dealer makes a color photocopy or electronic scan |
2 | | of the
driver's license or State identification card of the |
3 | | person requesting or
obtaining the newly created key. The used |
4 | | vehicle dealer must retain the photocopy or scan
for 30 days.
|
5 | | A used vehicle dealer who violates this subsection (k) is |
6 | | guilty of a
petty offense. Violation of this subsection (k) is |
7 | | not cause to suspend,
revoke, cancel, or deny renewal of the |
8 | | used vehicle dealer's license. |
9 | | (l) Used vehicle dealers licensed under this Section shall |
10 | | provide the Secretary of State a register for the sale at |
11 | | auction of each salvage or junk certificate vehicle. Each |
12 | | register shall include the following information: |
13 | | 1. The year, make, model, style , and color of the |
14 | | vehicle; |
15 | | 2. The vehicle's manufacturer's identification number |
16 | | or, if applicable, the Secretary of State or Illinois |
17 | | State Police identification number; |
18 | | 3. The date of acquisition of the vehicle; |
19 | | 4. The name and address of the person from whom the |
20 | | vehicle was acquired; |
21 | | 5. The name and address of the person to whom any |
22 | | vehicle was disposed, the person's Illinois license number |
23 | | or if the person is an out-of-state salvage vehicle buyer, |
24 | | the license number from the state or jurisdiction where |
25 | | the buyer is licensed; and |
26 | | 6. The purchase price of the vehicle. |
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1 | | The register shall be submitted to the Secretary of State |
2 | | via written or electronic means within 10 calendar days from |
3 | | the date of the auction.
|
4 | | (m) If a licensee under this Section voluntarily |
5 | | surrenders a license to the Illinois Secretary of State Police |
6 | | or a representative of the Secretary of State Vehicle Services |
7 | | Department due to the licensee's inability to adhere to |
8 | | recordkeeping provisions, or the inability to properly issue |
9 | | certificates of title or registrations under this Code, or the |
10 | | Secretary revokes a license under this Section, then the |
11 | | licensee and the licensee's agent, designee, or legal |
12 | | representative, if applicable, may not be named on a new |
13 | | application for a licensee under this Section or under this |
14 | | Chapter, nor is the licensee or the licensee's agent, |
15 | | designee, or legal representative permitted to work for |
16 | | another licensee under this Chapter in a recordkeeping, |
17 | | management, or financial position or as an employee who |
18 | | handles certificate of title and registration documents and |
19 | | applications. |
20 | | (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; |
21 | | 102-538, eff. 8-20-21; revised 10-15-21.)
|
22 | | (625 ILCS 5/5-102.8) |
23 | | Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle |
24 | | dealers. |
25 | | (a) As used in this Section, "Buy Here, Pay Here used |
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1 | | vehicle dealer" means any entity that engages in the business |
2 | | of selling or leasing of vehicles and finances the sale or |
3 | | purchase price of the vehicle to a customer without the |
4 | | customer using a third-party lender. |
5 | | (b) No person shall engage in
the business of selling or |
6 | | dealing in, on consignment or otherwise, 5 or
more used |
7 | | vehicles of any make during the year (except rebuilt salvage |
8 | | vehicles
sold by their rebuilders to persons licensed under |
9 | | this Chapter), or act as
an intermediary, agent, or broker for |
10 | | any licensed dealer or vehicle
purchaser (other than as a |
11 | | salesperson) or represent or advertise that he or she
is so |
12 | | engaged or intends to so engage in such business of a Buy Here, |
13 | | Pay Here used vehicle dealer unless licensed to
do so by the |
14 | | Secretary of State under the provisions of this Section.
|
15 | | (c) An application for a Buy Here, Pay Here used vehicle |
16 | | dealer's license shall be
filed with the Secretary of State, |
17 | | duly verified by oath, in such form
as the Secretary of State |
18 | | may by rule or regulation prescribe and shall
contain:
|
19 | | (1) The name and type of business organization |
20 | | established and additional
places of business, if any, in |
21 | | this State.
|
22 | | (2) If the applicant is a corporation, a list of its |
23 | | officers,
directors, and shareholders having a 10% or |
24 | | greater ownership
interest in the corporation, setting |
25 | | forth the residence address of
each; if the applicant is a |
26 | | sole proprietorship, a partnership, an
unincorporated |
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1 | | association, a trust, or any similar form of business
|
2 | | organization, the names and residence address of the |
3 | | proprietor or of
each partner, member, officer, director, |
4 | | trustee, or manager.
|
5 | | (3) A statement that the applicant has been approved |
6 | | for registration
under the Retailers' Occupation Tax Act |
7 | | by the Department of Revenue. However,
this requirement |
8 | | does not apply to a dealer who is already licensed
|
9 | | hereunder with the Secretary of State, and who is merely |
10 | | applying for a
renewal of his or her license. As evidence |
11 | | of this fact, the application shall be
accompanied by a |
12 | | certification from the Department of Revenue showing that
|
13 | | the Department has approved the applicant for registration |
14 | | under the
Retailers' Occupation Tax Act. |
15 | | (4) A statement that the applicant has complied with |
16 | | the appropriate
liability insurance requirement. A |
17 | | Certificate of Insurance in a solvent
company authorized |
18 | | to do business in the State of Illinois shall be included
|
19 | | with each application covering each location at which he |
20 | | or she proposes to act
as a Buy Here, Pay Here used vehicle |
21 | | dealer. The policy must provide liability coverage in
the |
22 | | minimum amounts of $100,000 for bodily injury to, or death |
23 | | of, any person,
$300,000 for bodily injury to, or death |
24 | | of, 2 or more persons in any one crash
accident , and |
25 | | $50,000 for damage to property. Such policy shall expire
|
26 | | not sooner than December 31 of the year for which the |
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1 | | license was issued
or renewed. The expiration of the |
2 | | insurance policy shall not terminate
the liability under |
3 | | the policy arising during the period for which the policy
|
4 | | was filed.
|
5 | | If the permitted user has a liability insurance policy |
6 | | that provides
automobile
liability insurance coverage of |
7 | | at least $100,000 for bodily injury to or the
death of any
|
8 | | person, $300,000 for bodily injury to or the death of any 2 |
9 | | or more persons in
any one crash
accident , and $50,000 for |
10 | | damage to property,
then the permitted user's insurer |
11 | | shall be the primary
insurer and the
dealer's insurer |
12 | | shall be the secondary insurer. If the permitted user does |
13 | | not
have a liability
insurance policy that provides |
14 | | automobile liability insurance coverage of at
least
|
15 | | $100,000 for bodily injury to or the death of any person, |
16 | | $300,000 for bodily
injury to or
the death of any 2 or more |
17 | | persons in any one crash accident , and $50,000 for damage
|
18 | | to
property, or does not have any insurance at all,
then |
19 | | the
dealer's
insurer shall be the primary insurer and the |
20 | | permitted user's insurer shall be
the secondary
insurer. |
21 | | When a permitted user is "test driving" a Buy Here, |
22 | | Pay Here used vehicle dealer's automobile,
the Buy Here, |
23 | | Pay Here used vehicle dealer's insurance shall be primary |
24 | | and the permitted user's
insurance shall be secondary.
|
25 | | As used in this paragraph, "permitted user" means a |
26 | | person who, with the
permission of the Buy Here, Pay Here |
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1 | | used vehicle dealer or an employee of the Buy Here, Pay |
2 | | Here used vehicle
dealer, drives a vehicle owned and held |
3 | | for sale or lease by the Buy Here, Pay Here used vehicle
|
4 | | dealer that the person is considering to purchase or |
5 | | lease, in order to
evaluate the performance, reliability, |
6 | | or condition of the vehicle.
"Permitted user" includes a |
7 | | person who, with the permission of
the Buy Here, Pay Here |
8 | | used
vehicle dealer, drives a vehicle owned or held for |
9 | | sale or lease by the Buy Here, Pay Here used
vehicle dealer
|
10 | | for loaner purposes while the user's vehicle is being |
11 | | repaired or evaluated.
|
12 | | As used in this paragraph, "test driving" occurs when |
13 | | a permitted user
who,
with the permission of the Buy Here, |
14 | | Pay Here used vehicle dealer or an employee of the Buy |
15 | | Here, Pay Here used
vehicle
dealer, drives a vehicle owned |
16 | | and held for sale or lease by a Buy Here, Pay Here used |
17 | | vehicle
dealer that the person is considering to purchase |
18 | | or lease, in order to
evaluate the performance, |
19 | | reliability, or condition of the
vehicle.
|
20 | | As used in this paragraph, "loaner purposes" means |
21 | | when a person who,
with the permission of the Buy Here, Pay |
22 | | Here used vehicle dealer, drives a vehicle owned or held
|
23 | | for sale or lease by the used vehicle dealer while the
|
24 | | user's vehicle is being repaired or evaluated.
|
25 | | (5) An application for a Buy Here, Pay Here used |
26 | | vehicle dealer's license shall be
accompanied by the |
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1 | | following license fees:
|
2 | | (A) $1,000 for the applicant's established place |
3 | | of business, and
$50 for
each additional place of |
4 | | business, if any, to which the application
pertains; |
5 | | however, if the application is made after June 15 of |
6 | | any
year, the license fee shall be $500 for the |
7 | | applicant's established
place of
business plus $25 for |
8 | | each additional place of business, if any,
to
which |
9 | | the application pertains. License fees shall be |
10 | | returnable only if the application is denied by
the |
11 | | Secretary of State. Of the money received by the |
12 | | Secretary of State as
license fees under this |
13 | | subparagraph, 95%
shall be deposited into the General |
14 | | Revenue Fund. |
15 | | (B) Except for dealers selling 25 or fewer |
16 | | automobiles or as provided in subsection (h) of |
17 | | Section 5-102.7 of this Code, an Annual Dealer |
18 | | Recovery Fund Fee in the amount of $500 for the |
19 | | applicant's established place of business, and $50 for |
20 | | each additional place of business, if any, to which |
21 | | the application pertains; but if the application is |
22 | | made after June 15 of any year, the fee shall be $250 |
23 | | for the applicant's established place of business plus |
24 | | $25 for each additional place of business, if any, to |
25 | | which the application pertains. For a license renewal |
26 | | application, the fee shall be based on the amount of |
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1 | | automobiles sold in the past year according to the |
2 | | following formula: |
3 | | (1) $0 for dealers selling 25 or less |
4 | | automobiles; |
5 | | (2) $150 for dealers selling more than 25 but |
6 | | less than 200 automobiles; |
7 | | (3) $300 for dealers selling 200 or more |
8 | | automobiles but less than 300 automobiles; and |
9 | | (4) $500 for dealers selling 300 or more |
10 | | automobiles. |
11 | | Fees shall be returnable only if the application |
12 | | is denied by the Secretary of State. Money received |
13 | | under this subparagraph shall be deposited into the |
14 | | Dealer Recovery Trust Fund. A Buy Here, Pay Here used |
15 | | vehicle dealer shall pay into the Dealer Recovery |
16 | | Trust Fund for every vehicle that is financed, sold, |
17 | | or otherwise transferred to an individual or entity |
18 | | other than the Buy Here, Pay Here used vehicle dealer |
19 | | even if the individual or entity to which the Buy Here, |
20 | | Pay Here used vehicle dealer transfers the vehicle is |
21 | | unable to continue to adhere to the terms of the |
22 | | transaction by the Buy Here, Pay Here used vehicle |
23 | | dealer. |
24 | | (6) A statement that each officer, director, |
25 | | shareholder
having a 10% or greater ownership interest |
26 | | therein, proprietor, partner,
member, officer, director, |
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1 | | trustee, manager, or other principal in the
business of |
2 | | the applicant has not committed in the past 3 years any one |
3 | | violation as
determined in any civil, criminal, or |
4 | | administrative proceedings of any one
of the following:
|
5 | | (A) the Anti-Theft Laws of this Code;
|
6 | | (B) the Certificate of Title Laws of this Code;
|
7 | | (C) the Offenses against Registration and |
8 | | Certificates of Title
Laws of this Code;
|
9 | | (D) the Dealers, Transporters, Wreckers and |
10 | | Rebuilders Laws of this
Code;
|
11 | | (E) Section 21-2 of the Illinois Criminal Code of |
12 | | 1961 or the Criminal Code of 2012, Criminal
Trespass |
13 | | to Vehicles; or
|
14 | | (F) the Retailers' Occupation Tax Act. |
15 | | (7) A statement that each officer, director,
|
16 | | shareholder having a 10% or greater ownership interest |
17 | | therein,
proprietor, partner, member, officer, director, |
18 | | trustee, manager, or
other principal in the business of |
19 | | the applicant has not committed in any calendar year
3 or |
20 | | more violations, as determined in any civil, criminal, or
|
21 | | administrative proceedings, of any one or more of the |
22 | | following:
|
23 | | (A) the Consumer Finance Act;
|
24 | | (B) the Consumer Installment Loan Act;
|
25 | | (C) the Retail Installment Sales Act;
|
26 | | (D) the Motor Vehicle Retail Installment Sales |
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1 | | Act;
|
2 | | (E) the Interest Act;
|
3 | | (F) the Illinois Wage Assignment Act;
|
4 | | (G) Part 8 of Article XII of the Code of Civil |
5 | | Procedure; or
|
6 | | (H) the Consumer Fraud and Deceptive Business |
7 | | Practices Act.
|
8 | | (8) A statement that, within 10 years of application,
|
9 | | each officer, director, shareholder having a
10% or |
10 | | greater ownership interest therein, proprietor,
partner, |
11 | | member, officer, director, trustee, manager, or
other |
12 | | principal in the business of the applicant has not |
13 | | committed, as determined
in any civil, criminal, or |
14 | | administrative proceeding, in
any calendar year one or |
15 | | more
forcible felonies under the Criminal Code of 1961 or |
16 | | the
Criminal Code of 2012, or a violation of either or both |
17 | | Article 16 or 17 of the Criminal Code of 1961, or a |
18 | | violation of either or both Article 16 or 17 of the |
19 | | Criminal Code of 2012, Article 29B of the Criminal Code of |
20 | | 1961 or the Criminal Code of 2012, or a similar |
21 | | out-of-state offense.
For the purposes of this paragraph, |
22 | | "forcible felony" has
the meaning provided in Section 2-8 |
23 | | of the Criminal Code
of 2012. |
24 | | (9) A bond or Certificate of Deposit in the amount of |
25 | | $50,000 for
each location at which the applicant intends |
26 | | to act as a Buy Here, Pay Here used vehicle dealer. The |
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1 | | bond shall be for the term of the license. The bond shall |
2 | | run
to the People of the State of Illinois, with surety by |
3 | | a bonding or
insurance company authorized to do business |
4 | | in this State. It shall be
conditioned upon the proper |
5 | | transmittal of all title and registration fees
and taxes |
6 | | (excluding taxes under the Retailers' Occupation Tax Act) |
7 | | accepted
by the applicant as a Buy Here, Pay Here used |
8 | | vehicle dealer. |
9 | | (10) Such other information concerning the business of |
10 | | the applicant as
the Secretary of State may by rule |
11 | | prescribe.
|
12 | | (11) A statement that the applicant understands |
13 | | Chapter 1 through
Chapter 5 of this Code.
|
14 | | (12) A copy of the certification from the prelicensing |
15 | | education
program. |
16 | | (13) The full name, address, and contact information |
17 | | of each of the dealer's agents or legal representatives |
18 | | who is an Illinois resident and liable for the performance |
19 | | of the dealership. |
20 | | (d) Any change that renders no longer accurate any |
21 | | information
contained in any application for a Buy Here, Pay |
22 | | Here used vehicle dealer's license shall
be amended within 30 |
23 | | days after the occurrence of each change on such
form as the |
24 | | Secretary of State may prescribe by rule,
accompanied by an |
25 | | amendatory fee of $2.
|
26 | | (e) Anything in this Chapter to the contrary |
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1 | | notwithstanding, no
person shall be licensed as a Buy Here, |
2 | | Pay Here used vehicle dealer unless the person
maintains an |
3 | | established place of business as
defined in this Chapter.
|
4 | | (f) The Secretary of State shall, within a reasonable time |
5 | | after
receipt, examine an application submitted under this |
6 | | Section.
Unless the Secretary makes a determination that the |
7 | | application does not conform to this Section or that grounds |
8 | | exist
for a denial of the application under Section 5-501 of |
9 | | this Chapter, the Secretary
must grant the applicant an |
10 | | original Buy Here, Pay Here used vehicle dealer's license in
|
11 | | writing for his or her established place of business and a |
12 | | supplemental license
in writing for each additional place of |
13 | | business in such form as the Secretary may
prescribe by rule |
14 | | that shall include the following:
|
15 | | (1) The name of the person licensed.
|
16 | | (2) If a corporation, the name and address of its |
17 | | officers or if a
sole proprietorship, a partnership, an |
18 | | unincorporated association, or any
similar form of |
19 | | business organization, the name and address of the
|
20 | | proprietor or of each partner, member, officer, director, |
21 | | trustee, or
manager.
|
22 | | (3) In the case of an original license, the |
23 | | established place of business
of the licensee.
|
24 | | (4) In the case of a supplemental license, the |
25 | | established place of
business of the licensee and the |
26 | | additional place of business to which the
supplemental |
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1 | | license pertains. |
2 | | (5) 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 | | (g) The appropriate instrument evidencing the license or a |
7 | | certified
copy thereof, provided by the Secretary of State |
8 | | shall be kept posted,
conspicuously, in the established place |
9 | | of business of the licensee and
in each additional place of |
10 | | business, if any, maintained by the
licensee.
|
11 | | (h) Except as provided in subsection (i), all Buy Here, |
12 | | Pay Here used
vehicle dealer's licenses granted under this |
13 | | Section expire by operation
of law on December 31 of the |
14 | | calendar year for which they are granted
unless sooner revoked |
15 | | or cancelled under Section 5-501 of this Chapter.
|
16 | | (i) A Buy Here, Pay Here used vehicle dealer's license may |
17 | | be renewed upon application
and payment of the fee required |
18 | | herein, and submission of proof of
coverage by an approved |
19 | | bond under the Retailers' Occupation Tax Act
or proof that the |
20 | | applicant is not subject to such bonding requirements, as
in |
21 | | the case of an original license, but in the case of an |
22 | | application for the
renewal of an effective license made |
23 | | during the month of December,
the effective license shall |
24 | | remain in force until the application for
renewal is granted |
25 | | or denied by the Secretary of State.
|
26 | | (j) Each person licensed as a Buy Here, Pay Here used |
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1 | | vehicle dealer is required to
furnish each purchaser of a |
2 | | motor vehicle:
|
3 | | (1) a certificate of title properly assigned to the |
4 | | purchaser;
|
5 | | (2) a statement verified under oath that all |
6 | | identifying numbers on
the vehicle agree with those on the |
7 | | certificate of title;
|
8 | | (3) a bill of sale properly executed on behalf of the |
9 | | person;
|
10 | | (4) a copy of the Uniform Invoice-transaction |
11 | | reporting return
referred to in Section 5-402;
|
12 | | (5) in the case of a rebuilt vehicle, a copy of the |
13 | | Disclosure of Rebuilt
Vehicle Status; and
|
14 | | (6) in the case of a vehicle for which the warranty has |
15 | | been reinstated, a
copy of the warranty.
|
16 | | (k) Except at the time of sale or repossession of the |
17 | | vehicle, no
person licensed as a Buy Here, Pay Here used |
18 | | vehicle dealer may issue any other person a newly
created key |
19 | | to a vehicle unless the Buy Here, Pay Here used vehicle dealer |
20 | | makes a color photocopy or electronic scan of the
driver's |
21 | | license or State identification card of the person requesting |
22 | | or
obtaining the newly created key. The Buy Here, Pay Here used |
23 | | vehicle dealer must retain the photocopy or scan
for 30 days. |
24 | | A Buy Here, Pay Here used vehicle dealer who violates this |
25 | | subsection (k) is guilty of a
petty offense. Violation of this |
26 | | subsection (k) is not cause to suspend,
revoke, cancel, or |
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1 | | deny renewal of the used vehicle dealer's license. |
2 | | (l) A Buy Here, Pay Here used vehicle dealer licensed |
3 | | under this Section shall provide the Secretary of State a |
4 | | register for the sale at auction of each salvage or junk |
5 | | certificate vehicle. Each register shall include the following |
6 | | information: |
7 | | (1) the year, make, model, style, and color of the |
8 | | vehicle; |
9 | | (2) the vehicle's manufacturer's identification number |
10 | | or, if applicable, the Secretary of State or Illinois |
11 | | Department of State Police identification number; |
12 | | (3) the date of acquisition of the vehicle; |
13 | | (4) the name and address of the person from whom the |
14 | | vehicle was acquired; |
15 | | (5) the name and address of the person to whom any |
16 | | vehicle was disposed, the person's Illinois license number |
17 | | or, if the person is an out-of-state salvage vehicle |
18 | | buyer, the license number from the state or jurisdiction |
19 | | where the buyer is licensed; and |
20 | | (6) the purchase price of the vehicle. |
21 | | The register shall be submitted to the Secretary of State |
22 | | via written or electronic means within 10 calendar days from |
23 | | the date of the auction. |
24 | | (m) If a licensee under this Section voluntarily |
25 | | surrenders a license to the Illinois Secretary of State Police |
26 | | or a representative of the Secretary of State Vehicle Services |
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1 | | Department due to the licensee's inability to adhere to |
2 | | recordkeeping provisions, or the inability to properly issue |
3 | | certificates of title or registrations under this Code, or the |
4 | | Secretary revokes a license under this Section, then the |
5 | | licensee and the licensee's agent, designee, or legal |
6 | | representative, if applicable, may not be named on a new |
7 | | application for a licensee under this Section or under this |
8 | | Chapter, nor is the licensee or the licensee's agent, |
9 | | designee, or legal representative permitted to work for |
10 | | another licensee under this Chapter in a recordkeeping, |
11 | | management, or financial position or as an employee who |
12 | | handles certificate of title and registration documents and |
13 | | applications.
|
14 | | (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22 .)
|
15 | | (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
|
16 | | Sec. 6-101. Drivers must have licenses or permits.
|
17 | | (a) No person, except those expressly exempted by Section |
18 | | 6-102, shall
drive any motor vehicle upon a highway in this |
19 | | State unless such person has
a valid license or permit, or a |
20 | | restricted driving permit, issued under the
provisions of this |
21 | | Act.
|
22 | | (b) No person shall drive a motor vehicle unless he holds a |
23 | | valid
license or permit, or a restricted driving permit issued |
24 | | under the
provisions of Section 6-205, 6-206, or 6-113 of this |
25 | | Act. Any person to
whom a license is issued under the |
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1 | | provisions of this Act must surrender to
the Secretary of |
2 | | State all valid licenses or permits, except that an applicant |
3 | | for a non-domiciled commercial learner's permit or commercial |
4 | | driver's license shall not be required to surrender a license |
5 | | or permit issued by the applicant's state or country of |
6 | | domicile. No drivers license or instruction permit
shall be |
7 | | issued to any person who holds a valid Foreign State license,
|
8 | | identification card, or permit
unless such person first |
9 | | surrenders to the Secretary of State any such
valid Foreign |
10 | | State license,
identification card, or permit.
|
11 | | (b-5) Any person who commits a violation of subsection (a) |
12 | | or (b) of this Section is guilty of a Class A misdemeanor, if |
13 | | at the time of the violation the person's driver's license or |
14 | | permit was cancelled under clause (a)9 of Section 6-201 of |
15 | | this Code.
|
16 | | (c) Any person licensed as a driver hereunder shall not be |
17 | | required by
any city, village, incorporated town or other |
18 | | municipal corporation to
obtain any other license to exercise |
19 | | the privilege thereby granted.
|
20 | | (d) In addition to other penalties imposed under this |
21 | | Section, any person
in violation of this Section who is also in |
22 | | violation of Section 7-601 of this
Code relating to mandatory |
23 | | insurance requirements shall have his or her motor
vehicle |
24 | | immediately impounded by the arresting law enforcement |
25 | | officer. The
motor vehicle may be released to any licensed |
26 | | driver upon a showing of proof of
insurance for the motor |
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1 | | vehicle that was impounded and the notarized written
consent |
2 | | for the release by the vehicle owner.
|
3 | | (e) In addition to other penalties imposed under this |
4 | | Section, the
vehicle
of any person
in violation of this |
5 | | Section who is also in violation of Section 7-601 of this
Code |
6 | | relating to mandatory insurance requirements and who, in |
7 | | violating this
Section, has caused death or personal injury to |
8 | | another person is subject to
forfeiture under
Sections 36-1 |
9 | | and 36-2 of the Criminal Code of 2012.
For the purposes of this |
10 | | Section, a personal injury shall include
any type A injury as |
11 | | indicated on the traffic crash accident report completed
by a |
12 | | law enforcement officer that requires immediate professional |
13 | | attention
in either a doctor's office or a medical facility. A |
14 | | type A injury shall
include severely bleeding wounds, |
15 | | distorted extremities, and injuries that
require the injured |
16 | | party to be carried from the scene.
|
17 | | (Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13; |
18 | | 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. |
19 | | 99-414 for the effective date of changes made by P.A. |
20 | | 98-176).)
|
21 | | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
|
22 | | Sec. 6-106.1. School bus driver permit.
|
23 | | (a) The Secretary of State shall issue a school bus driver
|
24 | | permit to those applicants who have met all the requirements |
25 | | of the
application and screening process under this Section to |
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1 | | insure the
welfare and safety of children who are transported |
2 | | on school buses
throughout the State of Illinois. Applicants |
3 | | shall obtain the
proper application required by the Secretary |
4 | | of State from their
prospective or current employer and submit |
5 | | the completed
application to the prospective or current |
6 | | employer along
with the necessary fingerprint submission as |
7 | | required by the Illinois
State Police to conduct fingerprint |
8 | | based criminal background
checks on current and future |
9 | | information available in the state
system and current |
10 | | information available through the Federal Bureau
of |
11 | | Investigation's system. Applicants who have completed the
|
12 | | fingerprinting requirements shall not be subjected to the
|
13 | | fingerprinting process when applying for subsequent permits or
|
14 | | submitting proof of successful completion of the annual |
15 | | refresher
course. Individuals who on July 1, 1995 (the |
16 | | effective date of Public Act 88-612) possess a valid
school |
17 | | bus driver permit that has been previously issued by the |
18 | | appropriate
Regional School Superintendent are not subject to |
19 | | the fingerprinting
provisions of this Section as long as the |
20 | | permit remains valid and does not
lapse. The applicant shall |
21 | | be required to pay all related
application and fingerprinting |
22 | | fees as established by rule
including, but not limited to, the |
23 | | amounts established by the Illinois
State Police and the |
24 | | Federal Bureau of Investigation to process
fingerprint based |
25 | | criminal background investigations. All fees paid for
|
26 | | fingerprint processing services under this Section shall be |
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1 | | deposited into the
State Police Services Fund for the cost |
2 | | incurred in processing the fingerprint
based criminal |
3 | | background investigations. All other fees paid under this
|
4 | | Section shall be deposited into the Road
Fund for the purpose |
5 | | of defraying the costs of the Secretary of State in
|
6 | | administering this Section. All applicants must:
|
7 | | 1. be 21 years of age or older;
|
8 | | 2. possess a valid and properly classified driver's |
9 | | license
issued by the Secretary of State;
|
10 | | 3. possess a valid driver's license, which has not |
11 | | been
revoked, suspended, or canceled for 3 years |
12 | | immediately prior to
the date of application, or have not |
13 | | had his or her commercial motor vehicle
driving privileges
|
14 | | disqualified within the 3 years immediately prior to the |
15 | | date of application;
|
16 | | 4. successfully pass a written test, administered by |
17 | | the
Secretary of State, on school bus operation, school |
18 | | bus safety, and
special traffic laws relating to school |
19 | | buses and submit to a review
of the applicant's driving |
20 | | habits by the Secretary of State at the time the
written |
21 | | test is given;
|
22 | | 5. demonstrate ability to exercise reasonable care in |
23 | | the operation of
school buses in accordance with rules |
24 | | promulgated by the Secretary of State;
|
25 | | 6. demonstrate physical fitness to operate school |
26 | | buses by
submitting the results of a medical examination, |
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1 | | including tests for drug
use for each applicant not |
2 | | subject to such testing pursuant to
federal law, conducted |
3 | | by a licensed physician, a licensed advanced practice |
4 | | registered nurse, or a licensed physician assistant
within |
5 | | 90 days of the date
of application according to standards |
6 | | promulgated by the Secretary of State;
|
7 | | 7. affirm under penalties of perjury that he or she |
8 | | has not made a
false statement or knowingly concealed a |
9 | | material fact
in any application for permit;
|
10 | | 8. have completed an initial classroom course, |
11 | | including first aid
procedures, in school bus driver |
12 | | safety as promulgated by the Secretary of
State; and after |
13 | | satisfactory completion of said initial course an annual
|
14 | | refresher course; such courses and the agency or |
15 | | organization conducting such
courses shall be approved by |
16 | | the Secretary of State; failure to
complete the annual |
17 | | refresher course, shall result in
cancellation of the |
18 | | permit until such course is completed;
|
19 | | 9. not have been under an order of court supervision |
20 | | for or convicted of 2 or more serious traffic offenses, as
|
21 | | defined by rule, within one year prior to the date of |
22 | | application that may
endanger the life or safety of any of |
23 | | the driver's passengers within the
duration of the permit |
24 | | period;
|
25 | | 10. not have been under an order of court supervision |
26 | | for or convicted of reckless driving, aggravated reckless |
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1 | | driving, driving while under the influence of alcohol, |
2 | | other drug or drugs, intoxicating compound or compounds or |
3 | | any combination thereof, or reckless homicide resulting |
4 | | from the operation of a motor
vehicle within 3 years of the |
5 | | date of application;
|
6 | | 11. not have been convicted of committing or |
7 | | attempting
to commit any
one or more of the following |
8 | | offenses: (i) those offenses defined in
Sections 8-1, |
9 | | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, |
10 | | 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, |
11 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, |
12 | | 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, |
13 | | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, |
14 | | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
|
15 | | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, |
16 | | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, |
17 | | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
|
18 | | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, |
19 | | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, |
20 | | 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, |
21 | | 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
|
22 | | 18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, |
23 | | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, |
24 | | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
|
25 | | 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), |
26 | | of Section 24-3, and those offenses contained in Article |
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1 | | 29D of the Criminal Code of 1961 or the Criminal Code of |
2 | | 2012; (ii) those offenses defined in the
Cannabis Control |
3 | | Act except those offenses defined in subsections (a) and
|
4 | | (b) of Section 4, and subsection (a) of Section 5 of the |
5 | | Cannabis Control
Act; (iii) those offenses defined in the |
6 | | Illinois Controlled Substances
Act; (iv) those offenses |
7 | | defined in the Methamphetamine Control and Community |
8 | | Protection Act; and (v) any offense committed or attempted |
9 | | in any other state or against
the laws of the United |
10 | | States, which if committed or attempted in this
State |
11 | | would be punishable as one or more of the foregoing |
12 | | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 |
13 | | of the Wrongs to Children Act or Section 11-9.1A of the |
14 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) |
15 | | those offenses defined in Section 6-16 of the Liquor |
16 | | Control Act of
1934;
and (viii) those offenses defined in |
17 | | the Methamphetamine Precursor Control Act;
|
18 | | 12. not have been repeatedly involved as a driver in |
19 | | motor vehicle
collisions or been repeatedly convicted of |
20 | | offenses against
laws and ordinances regulating the |
21 | | movement of traffic, to a degree which
indicates lack of |
22 | | ability to exercise ordinary and reasonable care in the
|
23 | | safe operation of a motor vehicle or disrespect for the |
24 | | traffic laws and
the safety of other persons upon the |
25 | | highway;
|
26 | | 13. not have, through the unlawful operation of a |
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1 | | motor
vehicle, caused a crash an accident resulting in the |
2 | | death of any person;
|
3 | | 14. not have, within the last 5 years, been adjudged |
4 | | to be
afflicted with or suffering from any mental |
5 | | disability or disease;
|
6 | | 15. consent, in writing, to the release of results of |
7 | | reasonable suspicion drug and alcohol testing under |
8 | | Section 6-106.1c of this Code by the employer of the |
9 | | applicant to the Secretary of State; and |
10 | | 16. not have been convicted of committing or |
11 | | attempting to commit within the last 20 years: (i) an |
12 | | offense defined in subsection (c) of Section 4, subsection |
13 | | (b) of Section 5, and subsection (a) of Section 8 of the |
14 | | Cannabis Control Act; or (ii) any offenses in any other |
15 | | state or against the laws of the United States that, if |
16 | | committed or attempted in this State, would be punishable |
17 | | as one or more of the foregoing offenses. |
18 | | (b) A school bus driver permit shall be valid for a period |
19 | | specified by
the Secretary of State as set forth by rule. It |
20 | | shall be renewable upon compliance with subsection (a) of this
|
21 | | Section.
|
22 | | (c) A school bus driver permit shall contain the holder's |
23 | | driver's
license number, legal name, residence address, zip |
24 | | code, and date
of birth, a brief description of the holder and |
25 | | a space for signature. The
Secretary of State may require a |
26 | | suitable photograph of the holder.
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1 | | (d) The employer shall be responsible for conducting a |
2 | | pre-employment
interview with prospective school bus driver |
3 | | candidates, distributing school
bus driver applications and |
4 | | medical forms to be completed by the applicant, and
submitting |
5 | | the applicant's fingerprint cards to the Illinois State Police
|
6 | | that are required for the criminal background investigations. |
7 | | The employer
shall certify in writing to the Secretary of |
8 | | State that all pre-employment
conditions have been |
9 | | successfully completed including the successful completion
of |
10 | | an Illinois specific criminal background investigation through |
11 | | the Illinois
State Police and the submission of necessary
|
12 | | fingerprints to the Federal Bureau of Investigation for |
13 | | criminal
history information available through the Federal |
14 | | Bureau of
Investigation system. The applicant shall present |
15 | | the
certification to the Secretary of State at the time of |
16 | | submitting
the school bus driver permit application.
|
17 | | (e) Permits shall initially be provisional upon receiving
|
18 | | certification from the employer that all pre-employment |
19 | | conditions
have been successfully completed, and upon |
20 | | successful completion of
all training and examination |
21 | | requirements for the classification of
the vehicle to be |
22 | | operated, the Secretary of State shall
provisionally issue a |
23 | | School Bus Driver Permit. The permit shall
remain in a |
24 | | provisional status pending the completion of the
Federal |
25 | | Bureau of Investigation's criminal background investigation |
26 | | based
upon fingerprinting specimens submitted to the Federal |
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1 | | Bureau of
Investigation by the Illinois State Police. The |
2 | | Federal Bureau of
Investigation shall report the findings |
3 | | directly to the Secretary
of State. The Secretary of State |
4 | | shall remove the bus driver
permit from provisional status |
5 | | upon the applicant's successful
completion of the Federal |
6 | | Bureau of Investigation's criminal
background investigation.
|
7 | | (f) A school bus driver permit holder shall notify the
|
8 | | employer and the Secretary of State if he or she is issued an |
9 | | order of court supervision for or convicted in
another state |
10 | | of an offense that would make him or her ineligible
for a |
11 | | permit under subsection (a) of this Section. The
written |
12 | | notification shall be made within 5 days of the entry of
the |
13 | | order of court supervision or conviction. Failure of the |
14 | | permit holder to provide the
notification is punishable as a |
15 | | petty
offense for a first violation and a Class B misdemeanor |
16 | | for a
second or subsequent violation.
|
17 | | (g) Cancellation; suspension; notice and procedure.
|
18 | | (1) The Secretary of State shall cancel a school bus
|
19 | | driver permit of an applicant whose criminal background |
20 | | investigation
discloses that he or she is not in |
21 | | compliance with the provisions of subsection
(a) of this |
22 | | Section.
|
23 | | (2) The Secretary of State shall cancel a school
bus |
24 | | driver permit when he or she receives notice that the |
25 | | permit holder fails
to comply with any provision of this |
26 | | Section or any rule promulgated for the
administration of |
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1 | | this Section.
|
2 | | (3) The Secretary of State shall cancel a school bus
|
3 | | driver permit if the permit holder's restricted commercial |
4 | | or
commercial driving privileges are withdrawn or |
5 | | otherwise
invalidated.
|
6 | | (4) The Secretary of State may not issue a school bus
|
7 | | driver permit for a period of 3 years to an applicant who |
8 | | fails to
obtain a negative result on a drug test as |
9 | | required in item 6 of
subsection (a) of this Section or |
10 | | under federal law.
|
11 | | (5) The Secretary of State shall forthwith suspend
a |
12 | | school bus driver permit for a period of 3 years upon |
13 | | receiving
notice that the holder has failed to obtain a |
14 | | negative result on a
drug test as required in item 6 of |
15 | | subsection (a) of this Section
or under federal law.
|
16 | | (6) The Secretary of State shall suspend a school bus |
17 | | driver permit for a period of 3 years upon receiving |
18 | | notice from the employer that the holder failed to perform |
19 | | the inspection procedure set forth in subsection (a) or |
20 | | (b) of Section 12-816 of this Code. |
21 | | (7) The Secretary of State shall suspend a school bus |
22 | | driver permit for a period of 3 years upon receiving |
23 | | notice from the employer that the holder refused to submit |
24 | | to an alcohol or drug test as required by Section 6-106.1c |
25 | | or has submitted to a test required by that Section which |
26 | | disclosed an alcohol concentration of more than 0.00 or |
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1 | | disclosed a positive result on a National Institute on |
2 | | Drug Abuse five-drug panel, utilizing federal standards |
3 | | set forth in 49 CFR 40.87. |
4 | | The Secretary of State shall notify the State |
5 | | Superintendent
of Education and the permit holder's |
6 | | prospective or current
employer that the applicant has (1) has |
7 | | failed a criminal
background investigation or (2) is no
longer |
8 | | eligible for a school bus driver permit; and of the related
|
9 | | cancellation of the applicant's provisional school bus driver |
10 | | permit. The
cancellation shall remain in effect pending the |
11 | | outcome of a
hearing pursuant to Section 2-118 of this Code. |
12 | | The scope of the
hearing shall be limited to the issuance |
13 | | criteria contained in
subsection (a) of this Section. A |
14 | | petition requesting a
hearing shall be submitted to the |
15 | | Secretary of State and shall
contain the reason the individual |
16 | | feels he or she is entitled to a
school bus driver permit. The |
17 | | permit holder's
employer shall notify in writing to the |
18 | | Secretary of State
that the employer has certified the removal |
19 | | of the offending school
bus driver from service prior to the |
20 | | start of that school bus
driver's next workshift. An employing |
21 | | school board that fails to
remove the offending school bus |
22 | | driver from service is
subject to the penalties defined in |
23 | | Section 3-14.23 of the School Code. A
school bus
contractor |
24 | | who violates a provision of this Section is
subject to the |
25 | | penalties defined in Section 6-106.11.
|
26 | | All valid school bus driver permits issued under this |
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1 | | Section
prior to January 1, 1995, shall remain effective until |
2 | | their
expiration date unless otherwise invalidated.
|
3 | | (h) When a school bus driver permit holder who is a service |
4 | | member is called to active duty, the employer of the permit |
5 | | holder shall notify the Secretary of State, within 30 days of |
6 | | notification from the permit holder, that the permit holder |
7 | | has been called to active duty. Upon notification pursuant to |
8 | | this subsection, (i) the Secretary of State shall characterize |
9 | | the permit as inactive until a permit holder renews the permit |
10 | | as provided in subsection (i) of this Section, and (ii) if a |
11 | | permit holder fails to comply with the requirements of this |
12 | | Section while called to active duty, the Secretary of State |
13 | | shall not characterize the permit as invalid. |
14 | | (i) A school bus driver permit holder who is a service |
15 | | member returning from active duty must, within 90 days, renew |
16 | | a permit characterized as inactive pursuant to subsection (h) |
17 | | of this Section by complying with the renewal requirements of |
18 | | subsection (b) of this Section. |
19 | | (j) For purposes of subsections (h) and (i) of this |
20 | | Section: |
21 | | "Active duty" means active duty pursuant to an executive |
22 | | order of the President of the United States, an act of the |
23 | | Congress of the United States, or an order of the Governor. |
24 | | "Service member" means a member of the Armed Services or |
25 | | reserve forces of the United States or a member of the Illinois |
26 | | National Guard. |
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1 | | (k) A private carrier employer of a school bus driver |
2 | | permit holder, having satisfied the employer requirements of |
3 | | this Section, shall be held to a standard of ordinary care for |
4 | | intentional acts committed in the course of employment by the |
5 | | bus driver permit holder. This subsection (k) shall in no way |
6 | | limit the liability of the private carrier employer for |
7 | | violation of any provision of this Section or for the |
8 | | negligent hiring or retention of a school bus driver permit |
9 | | holder. |
10 | | (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; |
11 | | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised |
12 | | 10-13-21.)
|
13 | | (625 ILCS 5/6-106.1a)
|
14 | | Sec. 6-106.1a. Cancellation of school bus driver permit; |
15 | | trace of alcohol.
|
16 | | (a) A person who has been issued a school bus driver permit |
17 | | by the Secretary
of State in accordance with Section 6-106.1 |
18 | | of this Code and who drives or is
in actual physical control of |
19 | | a school bus
or any other vehicle owned or operated by or for a |
20 | | public or private
school, or a school operated by a religious |
21 | | institution, when the vehicle is
being used over a regularly |
22 | | scheduled route for the transportation of persons
enrolled as |
23 | | students in grade 12 or below, in connection with any activity |
24 | | of
the entities listed, upon the public highways of this State |
25 | | shall be
deemed to have given consent to a chemical test or |
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1 | | tests of blood, breath, other bodily substance, or
urine for |
2 | | the purpose of determining the alcohol content of the person's |
3 | | blood
if arrested, as evidenced
by the issuance of a Uniform |
4 | | Traffic Ticket for any violation of this
Code or a similar |
5 | | provision of a local ordinance, if a police officer
has |
6 | | probable cause to believe that the driver has consumed any |
7 | | amount of an
alcoholic beverage based upon evidence of the |
8 | | driver's physical condition
or other first hand knowledge of |
9 | | the police officer. The test or tests shall
be administered at |
10 | | the direction of the arresting officer. The law enforcement
|
11 | | agency employing the officer shall designate which of the |
12 | | aforesaid tests shall
be administered. A urine or other bodily |
13 | | substance test may be administered even after a blood or |
14 | | breath
test or both has been administered.
|
15 | | (b) A person who is dead, unconscious, or who is otherwise |
16 | | in a condition
rendering that person incapable of refusal, |
17 | | shall be deemed not to have
withdrawn the consent provided by |
18 | | paragraph (a) of this Section and the test or
tests may be |
19 | | administered subject to the following provisions:
|
20 | | (1) Chemical analysis of the person's blood, urine, |
21 | | breath, or
other bodily substance,
to be considered valid |
22 | | under the provisions of this Section, shall have been
|
23 | | performed according to standards promulgated by the |
24 | | Illinois State Police by an
individual
possessing a valid |
25 | | permit issued by the Illinois State Police for this
|
26 | | purpose. The
Director of the Illinois State Police is |
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1 | | authorized to approve satisfactory techniques
or
methods, |
2 | | to ascertain the qualifications and competence of |
3 | | individuals to
conduct analyses, to issue
permits that |
4 | | shall be subject to termination or revocation at the |
5 | | direction of
the Illinois State Police, and to certify the
|
6 | | accuracy of breath testing
equipment. The
Illinois State |
7 | | Police shall prescribe rules as
necessary.
|
8 | | (2) When a person submits to a blood test at the |
9 | | request of a law
enforcement officer under the provisions |
10 | | of this Section, only a physician
authorized to practice |
11 | | medicine, a licensed physician assistant, a licensed |
12 | | advanced practice registered nurse, a registered nurse, or |
13 | | other qualified person
trained in venipuncture and acting |
14 | | under the direction of a licensed physician
may withdraw |
15 | | blood for the purpose of determining the alcohol content.
|
16 | | This limitation does not apply to the taking of breath, |
17 | | other bodily substance, or urine specimens.
|
18 | | (3) The person tested may have a physician, qualified |
19 | | technician, chemist,
registered nurse, or other qualified |
20 | | person of his or her own choosing
administer a chemical |
21 | | test or tests in addition to any test or tests
|
22 | | administered at the direction of a law enforcement |
23 | | officer. The test
administered at the request of the |
24 | | person may be admissible into evidence at a
hearing |
25 | | conducted in accordance with Section 2-118 of this Code. |
26 | | The failure
or inability to obtain an additional test by a |
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1 | | person shall not preclude the
consideration of the |
2 | | previously performed chemical test.
|
3 | | (4) Upon a request of the person who submits to a |
4 | | chemical test or tests
at the request of a law enforcement |
5 | | officer, full information concerning the
test or tests |
6 | | shall be made available to the person or that person's
|
7 | | attorney by the requesting law enforcement agency within |
8 | | 72 hours of receipt of
the test result.
|
9 | | (5) Alcohol concentration means either grams of |
10 | | alcohol per 100
milliliters of blood or grams of alcohol |
11 | | per 210 liters of breath.
|
12 | | (6) If a driver is receiving medical treatment as a |
13 | | result of a motor
vehicle crash 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 in |
26 | | this Section shall
be warned
by the law enforcement officer |
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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 possess a school bus driver
permit. The loss of |
5 | | the individual's privilege to possess a school bus driver
|
6 | | permit shall be imposed in accordance with Section 6-106.1b of |
7 | | this Code. A person requested to submit to a test under this |
8 | | Section shall also acknowledge, in writing, receipt of the |
9 | | warning required under this subsection (c). If the person |
10 | | refuses to acknowledge receipt of the warning, the law |
11 | | enforcement officer shall make a written notation on the |
12 | | warning that the person refused to sign the warning. A |
13 | | person's refusal to sign the warning shall not be evidence |
14 | | that the person was not read the warning.
|
15 | | (d) If the person refuses testing or submits to a test that |
16 | | discloses an
alcohol concentration of more than 0.00, the law |
17 | | enforcement officer shall
immediately submit a sworn report to |
18 | | the Secretary of State on a form
prescribed by the Secretary of |
19 | | State certifying that the test or tests were
requested under |
20 | | subsection (a) and the person refused to submit to a test or
|
21 | | tests or submitted to testing which disclosed an alcohol |
22 | | concentration of more
than 0.00. The law enforcement officer |
23 | | shall submit the same sworn report when
a person who has been |
24 | | issued a school bus driver permit and who was operating a
|
25 | | school bus or any other vehicle owned
or operated by or for a |
26 | | public or private school, or a school operated by a
religious |
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1 | | institution, when the vehicle is being used over a regularly
|
2 | | scheduled route for the transportation of persons enrolled as |
3 | | students in grade
12 or below, in connection with
any activity |
4 | | of the entities listed, submits to testing under Section |
5 | | 11-501.1
of this Code and the testing discloses an alcohol |
6 | | concentration of more than
0.00 and less than the alcohol |
7 | | concentration at which driving or being in
actual physical |
8 | | control of a motor vehicle is prohibited under paragraph (1) |
9 | | of
subsection (a) of Section 11-501.
|
10 | | Upon receipt of the sworn report of a law enforcement |
11 | | officer, the Secretary
of State shall enter the school bus |
12 | | driver permit sanction on the
individual's driving record and |
13 | | the sanction shall be effective on the
46th day following the |
14 | | date notice of the sanction was given to the person.
|
15 | | The law enforcement officer submitting the sworn report |
16 | | shall serve immediate
notice of this school bus driver permit |
17 | | sanction on the person and the sanction
shall be effective on |
18 | | the 46th day following the date notice was given.
|
19 | | In cases where the blood alcohol concentration of more |
20 | | than 0.00 is
established by a subsequent analysis of blood, |
21 | | other bodily substance, or urine, the police officer or
|
22 | | arresting agency shall give notice as provided in this Section |
23 | | or by deposit in
the United States mail of that notice in an |
24 | | envelope with postage prepaid and
addressed to that person at |
25 | | his or her last known address and the loss of the
school
bus |
26 | | driver permit shall be effective on the 46th day following the |
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1 | | date notice
was given.
|
2 | | Upon receipt of the sworn report of a law enforcement |
3 | | officer, the Secretary
of State shall also give notice of the |
4 | | school bus driver permit sanction to the
driver and the |
5 | | driver's current employer by mailing a notice of the effective
|
6 | | date of the sanction to the individual. However, shall the |
7 | | sworn report be
defective by not containing sufficient |
8 | | information or be completed in error,
the notice of the school |
9 | | bus driver permit sanction may not be mailed to the
person or |
10 | | his current employer or entered to the driving record,
but |
11 | | rather the sworn report shall be returned to the issuing law |
12 | | enforcement
agency.
|
13 | | (e) A driver may contest this school bus driver permit |
14 | | sanction by
requesting an administrative hearing with the |
15 | | Secretary of State in accordance
with Section 2-118 of this |
16 | | Code. An individual whose blood alcohol
concentration is shown |
17 | | to be more than 0.00 is not subject to this Section if
he or |
18 | | she consumed alcohol in the performance of a religious service |
19 | | or
ceremony. An individual whose blood alcohol concentration |
20 | | is shown to be more
than 0.00 shall not be subject to this |
21 | | Section if the individual's blood
alcohol concentration |
22 | | resulted only from ingestion of the prescribed or
recommended |
23 | | dosage of medicine that contained alcohol. The petition for |
24 | | that
hearing shall not stay or delay the effective date of the |
25 | | impending suspension.
The scope of this hearing shall be |
26 | | limited to the issues of:
|
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1 | | (1) whether the police officer had probable cause to |
2 | | believe that the
person was driving or in actual physical |
3 | | control of a school bus
or any other vehicle owned or |
4 | | operated by or for a
public or private school, or a
school |
5 | | operated by a religious institution, when the vehicle is |
6 | | being used
over a regularly scheduled route for the |
7 | | transportation of persons enrolled as
students in grade 12 |
8 | | or below, in connection with any activity of the entities
|
9 | | listed, upon the public highways of the State and the |
10 | | police officer had reason
to believe that the person was |
11 | | in violation of any provision of this
Code or a similar |
12 | | provision of a local ordinance; and
|
13 | | (2) whether the person was issued a Uniform Traffic |
14 | | Ticket for any
violation of this Code or a similar |
15 | | provision of a local
ordinance; and
|
16 | | (3) whether the police officer had probable cause to |
17 | | believe that the
driver had
consumed any amount of an |
18 | | alcoholic beverage based upon the driver's
physical |
19 | | actions or other first-hand knowledge of the police |
20 | | officer; and
|
21 | | (4) whether the person, after being advised by the |
22 | | officer that the
privilege to possess a school bus driver |
23 | | permit would be canceled if the person
refused to submit |
24 | | to and complete the test or tests, did refuse to submit to |
25 | | or
complete the test or tests to determine the person's |
26 | | alcohol concentration; and
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1 | | (5) whether the person, after being advised by the |
2 | | officer that the
privileges to possess a school bus driver |
3 | | permit would be canceled if the
person submits to a |
4 | | chemical test or tests and the test or tests disclose an
|
5 | | alcohol concentration of more than 0.00 and
the person did |
6 | | submit to and complete the test or tests that determined |
7 | | an
alcohol concentration of more than 0.00; and
|
8 | | (6) whether the test result of an alcohol |
9 | | concentration of more than 0.00
was based upon the |
10 | | person's consumption of alcohol in the performance of a
|
11 | | religious service or ceremony; and
|
12 | | (7) whether the test result of an alcohol |
13 | | concentration of more than 0.00
was based upon the |
14 | | person's consumption of alcohol through ingestion of the
|
15 | | prescribed or recommended dosage of medicine.
|
16 | | The Secretary of State may adopt administrative rules |
17 | | setting forth
circumstances under which the holder of a school |
18 | | bus driver permit is not
required to
appear in
person at the |
19 | | hearing.
|
20 | | Provided that the petitioner may subpoena the officer, the |
21 | | hearing may be
conducted upon a review of the law enforcement |
22 | | officer's own official
reports. Failure of the officer to |
23 | | answer the subpoena shall be grounds for a
continuance if, in |
24 | | the hearing officer's discretion, the continuance is
|
25 | | appropriate. At the conclusion of the hearing held under |
26 | | Section 2-118 of this
Code, the Secretary of State may |
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1 | | rescind, continue, or modify
the school bus driver permit |
2 | | sanction.
|
3 | | (f) The results of any chemical testing performed in |
4 | | accordance with
subsection (a) of this Section are not |
5 | | admissible in any civil or criminal
proceeding, except that |
6 | | the results
of the testing may be considered at a hearing held |
7 | | under Section 2-118 of this
Code. However, the results of the |
8 | | testing may not be used to impose
driver's license sanctions |
9 | | under Section 11-501.1 of this Code. A law
enforcement officer |
10 | | may, however, pursue a statutory summary suspension or |
11 | | revocation of
driving privileges under Section 11-501.1 of |
12 | | this Code if other physical
evidence or first hand knowledge |
13 | | forms the basis of that suspension or revocation.
|
14 | | (g) This Section applies only to drivers who have been |
15 | | issued a school bus
driver permit in accordance with Section |
16 | | 6-106.1 of this Code at the time of
the issuance of the Uniform |
17 | | Traffic Ticket for a violation of this
Code or a similar |
18 | | provision of a local ordinance, and a chemical test
request is |
19 | | made under this Section.
|
20 | | (h) The action of the Secretary of State in suspending, |
21 | | revoking, canceling,
or denying any license, permit, |
22 | | registration, or certificate of title shall be
subject to |
23 | | judicial review in the Circuit Court of Sangamon County or in |
24 | | the
Circuit Court of Cook County, and the provisions of the |
25 | | Administrative Review
Law and its rules are hereby adopted and |
26 | | shall apply to and govern every
action for the judicial review |
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1 | | of final acts or decisions of the Secretary of
State under this |
2 | | Section.
|
3 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
4 | | (625 ILCS 5/6-106.2) (from Ch. 95 1/2, par. 6-106.2)
|
5 | | Sec. 6-106.2. Religious organization bus driver. A |
6 | | religious
organization bus driver shall meet the following |
7 | | requirements:
|
8 | | 1. is 21 years of age or older;
|
9 | | 2. has a valid and properly classified driver's
|
10 | | license issued by the
Secretary of State;
|
11 | | 3. has held a valid driver's license, not necessarily |
12 | | of the same
classification, for
3 years prior to the date
|
13 | | of application. A lapse in the renewal of the driver's |
14 | | license of 30 days or less shall not render the applicant |
15 | | ineligible. The Secretary of State may, in his or her |
16 | | discretion, grant a waiver for a lapse in the renewal of |
17 | | the driver's license in excess of 30 days;
|
18 | | 4. has demonstrated an ability to exercise reasonable
|
19 | | care in the safe
operation of religious
organization buses |
20 | | in accordance with such standards as the Secretary of
|
21 | | State prescribes
including a driving test in a religious |
22 | | organization bus; and
|
23 | | 5. has not been convicted of any of the following |
24 | | offenses within 3 years of the
date of application: |
25 | | Sections 11-401 (leaving the scene of a traffic
crash |
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1 | | accident involving death or personal injury), 11-501 |
2 | | (driving under the
influence), 11-503 (reckless driving), |
3 | | 11-504 (drag racing), and 11-506 (street racing) of this |
4 | | Code, or Sections
9-3 (manslaughter or reckless homicide) |
5 | | and 12-5 (reckless conduct arising
from the use of a motor |
6 | | vehicle) of the Criminal Code of 1961 or the Criminal Code |
7 | | of 2012.
|
8 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15 .)
|
9 | | (625 ILCS 5/6-106.3) (from Ch. 95 1/2, par. 6-106.3)
|
10 | | Sec. 6-106.3. Senior citizen transportation - driver. A |
11 | | driver of a
vehicle operated solely for the purpose of |
12 | | providing transportation for
the elderly in connection with |
13 | | the activities of any public or private
organization
shall |
14 | | meet the following requirements:
|
15 | | (1) is 21 years of age or older;
|
16 | | (2) has a valid and properly classified driver's |
17 | | license issued by the
Secretary of State;
|
18 | | (3) has had a valid driver's license, not necessarily
|
19 | | of the same classification, for 3 years prior to the date |
20 | | of application. A lapse in the renewal of the driver's |
21 | | license of 30 days or less shall not render the applicant |
22 | | ineligible. The Secretary of State may, in his or her |
23 | | discretion, grant a waiver for a lapse in the renewal of |
24 | | the driver's license in excess of 30 days;
|
25 | | (4) has demonstrated his ability to exercise |
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1 | | reasonable care in the safe
operation of a motor vehicle |
2 | | which will be utilized to transport persons
in accordance |
3 | | with such standards as the Secretary of State prescribes
|
4 | | including
a driving test in such motor vehicle; and
|
5 | | (5) has not been convicted of any of the following |
6 | | offenses within
3 years of the date of application:
|
7 | | Sections 11-401 (leaving the scene of a traffic crash |
8 | | accident involving death
or personal injury), 11-501 |
9 | | (driving under the influence), 11-503 (reckless
driving), |
10 | | 11-504 (drag racing), and 11-506 (street racing) of this |
11 | | Code, or Sections 9-3 (manslaughter
or reckless
homicide) |
12 | | and 12-5 (reckless conduct arising from the use of a motor
|
13 | | vehicle) of the Criminal Code of 1961 or the Criminal Code |
14 | | of 2012.
|
15 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15 .)
|
16 | | (625 ILCS 5/6-106.4) (from Ch. 95 1/2, par. 6-106.4)
|
17 | | Sec. 6-106.4. For-profit ridesharing arrangement - driver. |
18 | | No person
may drive a commuter van while it is being used for a |
19 | | for-profit ridesharing
arrangement unless such person:
|
20 | | (1) is 21 years of age or older;
|
21 | | (2) has a valid and properly classified driver's |
22 | | license issued by the
Secretary of State;
|
23 | | (3) has held a valid driver's license, not necessarily
|
24 | | of the same classification,
for 3 years prior to the date |
25 | | of application. A lapse in the renewal of the driver's |
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1 | | license of 30 days or less shall not render the applicant |
2 | | ineligible. The Secretary of State may, in his or her |
3 | | discretion, grant a waiver for a lapse in the renewal of |
4 | | the driver's license in excess of 30 days;
|
5 | | (4) has demonstrated his ability to exercise |
6 | | reasonable care in the safe
operation of commuter vans |
7 | | used in for-profit ridesharing arrangements in
accordance |
8 | | with such standards as the Secretary of State may |
9 | | prescribe,
which standards may require a driving test in a |
10 | | commuter van; and
|
11 | | (5) has not been convicted of any of the following |
12 | | offenses within
3 years of the date of
application: |
13 | | Sections 11-401 (leaving the scene of a traffic
crash |
14 | | accident involving death or personal injury), 11-501 |
15 | | (driving under
the influence), 11-503 (reckless driving), |
16 | | 11-504 (drag racing), and 11-506 (street racing) of this
|
17 | | Code, or
Sections 9-3 (manslaughter or reckless homicide) |
18 | | and 12-5 (reckless conduct
arising from the use of a motor |
19 | | vehicle) of the Criminal Code of 1961 or the Criminal Code |
20 | | of 2012.
|
21 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15 .)
|
22 | | (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
|
23 | | Sec. 6-107. Graduated license.
|
24 | | (a) The purpose of the Graduated
Licensing Program is to |
25 | | develop safe and mature driving habits in young,
inexperienced |
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1 | | drivers and reduce or prevent motor vehicle crashes accidents ,
|
2 | | fatalities,
and injuries by:
|
3 | | (1) providing for an increase in the time of practice |
4 | | period before
granting
permission to obtain a driver's |
5 | | license;
|
6 | | (2) strengthening driver licensing and testing |
7 | | standards for persons under
the age of 21 years;
|
8 | | (3) sanctioning driving privileges of drivers under |
9 | | age 21 who have
committed serious traffic violations or |
10 | | other specified offenses; and
|
11 | | (4) setting stricter standards to promote the public's |
12 | | health and
safety.
|
13 | | (b) The application of any person under
the age of 18 |
14 | | years, and not legally emancipated, for a drivers
license or |
15 | | permit to operate a motor vehicle issued under the laws of this
|
16 | | State, shall be accompanied by the written consent of either |
17 | | parent of the
applicant; otherwise by the guardian having |
18 | | custody of the applicant, or
in the event there is no parent or |
19 | | guardian, then by another responsible adult. The written |
20 | | consent must accompany any application for a driver's license |
21 | | under this subsection (b), regardless of whether or not the |
22 | | required written consent also accompanied the person's |
23 | | previous application for an instruction permit.
|
24 | | No graduated driver's license shall be issued to any |
25 | | applicant under 18
years
of age, unless the applicant is at |
26 | | least 16 years of age and has:
|
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1 | | (1) Held a valid instruction permit for a minimum of 9 |
2 | | months.
|
3 | | (2) Passed an approved driver education course
and |
4 | | submits proof of having passed the course as may
be |
5 | | required.
|
6 | | (3) Certification by the parent, legal guardian, or |
7 | | responsible adult that
the applicant has had a minimum of |
8 | | 50 hours of behind-the-wheel practice time, at least 10 |
9 | | hours of which have been at night,
and is sufficiently |
10 | | prepared and able to safely operate a motor vehicle.
|
11 | | (b-1) No graduated
driver's license shall be issued to any |
12 | | applicant who is under 18 years of age
and not legally |
13 | | emancipated, unless the applicant has graduated
from a |
14 | | secondary school of this State or any other state, is enrolled |
15 | | in a
course leading to a high school equivalency certificate, |
16 | | has
obtained a high school equivalency certificate, is |
17 | | enrolled in an elementary or secondary school or college or |
18 | | university
of this State or any other state and is not a |
19 | | chronic or habitual truant as provided in Section 26-2a of the |
20 | | School Code, or is receiving home instruction and submits |
21 | | proof of meeting any of those
requirements at the time of |
22 | | application.
|
23 | | An applicant under 18 years of age who provides proof |
24 | | acceptable to the Secretary that the applicant has resumed |
25 | | regular school attendance or home instruction or that his or |
26 | | her application was denied in error shall be eligible to |
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1 | | receive a graduated license if other requirements are met. The |
2 | | Secretary shall adopt rules for implementing this subsection |
3 | | (b-1).
|
4 | | (c) No graduated driver's license or permit shall be |
5 | | issued to
any applicant under 18
years of age who has committed |
6 | | the offense of operating a motor vehicle
without a valid |
7 | | license or permit in violation of Section 6-101 of this Code
or |
8 | | a similar out of state offense and no graduated driver's
|
9 | | license or permit shall be issued to any applicant under 18 |
10 | | years of age
who has committed an offense that would otherwise |
11 | | result in a
mandatory revocation of a license or permit as |
12 | | provided in Section 6-205 of
this Code or who has been either |
13 | | convicted of or adjudicated a delinquent based
upon a |
14 | | violation of the Cannabis Control Act, the Illinois Controlled
|
15 | | Substances Act, the Use of Intoxicating Compounds Act, or the |
16 | | Methamphetamine Control and Community Protection Act while |
17 | | that individual was in actual physical control of a motor
|
18 | | vehicle. For purposes of this Section, any person placed on |
19 | | probation under
Section 10 of the Cannabis Control Act, |
20 | | Section 410 of the Illinois
Controlled Substances Act, or |
21 | | Section 70 of the Methamphetamine Control and Community |
22 | | Protection Act shall not be considered convicted. Any person |
23 | | found
guilty of this offense, while in actual physical control |
24 | | of a motor vehicle,
shall have an entry made in the court |
25 | | record by the judge that this offense did
occur while the |
26 | | person was in actual physical control of a motor vehicle and
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1 | | order the clerk of the court to report the violation to the |
2 | | Secretary of State
as such.
|
3 | | (d) No graduated driver's license shall be issued for 9 |
4 | | months to any
applicant
under
the
age of 18 years who has |
5 | | committed and subsequently been convicted of an offense |
6 | | against traffic regulations governing the movement of |
7 | | vehicles, any violation of this Section or Section 12-603.1 of |
8 | | this Code, or who has received a disposition of court |
9 | | supervision for a violation of Section 6-20 of the Illinois |
10 | | Liquor Control Act of 1934 or a similar provision of a local |
11 | | ordinance.
|
12 | | (e) No graduated driver's license holder under the age
of |
13 | | 18 years shall operate any
motor vehicle, except a motor |
14 | | driven cycle or motorcycle, with
more than one passenger in |
15 | | the front seat of the motor vehicle
and no more passengers in |
16 | | the back seats than the number of available seat
safety belts |
17 | | as set forth in Section 12-603 of this Code. If a graduated |
18 | | driver's license holder over the age of 18 committed an |
19 | | offense against traffic regulations governing the movement of |
20 | | vehicles or any violation of this Section or Section 12-603.1 |
21 | | of this Code in the 6 months prior to the graduated driver's |
22 | | license holder's 18th birthday, and was subsequently convicted |
23 | | of the violation, the provisions of this paragraph shall |
24 | | continue to apply until such time as a period of 6 consecutive |
25 | | months has elapsed without an additional violation and |
26 | | subsequent conviction of an offense against traffic |
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1 | | regulations governing the movement of vehicles or any |
2 | | violation of this Section or Section 12-603.1 of this Code.
|
3 | | (f) (Blank).
|
4 | | (g) If a graduated driver's license holder is under the |
5 | | age of 18 when he
or she receives the license, for the first 12 |
6 | | months he or she holds the license
or
until he or she reaches |
7 | | the age of 18, whichever occurs sooner, the graduated
license
|
8 | | holder may not operate a motor vehicle with more than one |
9 | | passenger in the
vehicle
who is under the age of 20, unless any |
10 | | additional passenger or passengers are
siblings, |
11 | | step-siblings, children, or stepchildren of the driver. If a |
12 | | graduated driver's license holder committed an offense against |
13 | | traffic regulations governing the movement of vehicles or any |
14 | | violation of this Section or Section 12-603.1 of this Code |
15 | | during the first 12 months the license is held and |
16 | | subsequently is convicted of the violation, the provisions of |
17 | | this paragraph shall remain in effect until such time as a |
18 | | period of 6 consecutive months has elapsed without an |
19 | | additional violation and subsequent conviction of an offense |
20 | | against traffic regulations governing the movement of vehicles |
21 | | or any violation of this Section or Section 12-603.1 of this |
22 | | Code.
|
23 | | (h) It shall be an offense for a person that is age 15, but |
24 | | under age 20, to be a passenger in a vehicle operated by a |
25 | | driver holding a graduated driver's license during the first |
26 | | 12 months the driver holds the license or until the driver |
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1 | | reaches the age of 18, whichever occurs sooner, if another |
2 | | passenger under the age of 20 is present, excluding a sibling, |
3 | | step-sibling, child, or step-child of the driver.
|
4 | | (i) No graduated driver's license shall be issued to any |
5 | | applicant under the age of 18 years if the applicant has been |
6 | | issued a traffic citation for which a disposition has not been |
7 | | rendered at the time of application. |
8 | | (Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12; |
9 | | 98-168, eff. 1-1-14; 98-718, eff. 1-1-15 .)
|
10 | | (625 ILCS 5/6-107.5) |
11 | | Sec. 6-107.5. Adult Driver Education Course. |
12 | | (a) The Secretary shall establish by rule the curriculum |
13 | | and designate the materials to be used in an adult driver |
14 | | education course. The course shall be at least 6 hours in |
15 | | length and shall include instruction on traffic laws; highway |
16 | | signs, signals, and markings that regulate, warn, or direct |
17 | | traffic; issues commonly associated with motor vehicle crashes |
18 | | accidents including poor decision-making, risk taking, |
19 | | impaired driving, distraction, speed, failure to use a safety |
20 | | belt, driving at night, failure to yield the right-of-way, |
21 | | texting while driving, using wireless communication devices, |
22 | | and alcohol and drug awareness; and instruction on law |
23 | | enforcement procedures during traffic stops, including actions |
24 | | that a motorist should take during a traffic stop and |
25 | | appropriate interactions with law enforcement officers. The |
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1 | | curriculum shall not require the operation of a motor vehicle. |
2 | | (b) The Secretary shall certify course providers. The |
3 | | requirements to be a certified course provider, the process |
4 | | for applying for certification, and the procedure for |
5 | | decertifying a course provider shall be established by rule. |
6 | | (b-5) In order to qualify for certification as an adult |
7 | | driver education course provider, each applicant must |
8 | | authorize an investigation that includes a fingerprint-based |
9 | | background check to determine if the applicant has ever been |
10 | | convicted of a criminal offense and, if so, the disposition of |
11 | | any conviction. This authorization shall indicate the scope of |
12 | | the inquiry and the agencies that may be contacted. Upon |
13 | | receiving this authorization, the Secretary of State may |
14 | | request and receive information and assistance from any |
15 | | federal, State, or local governmental agency as part of the |
16 | | authorized investigation. Each applicant shall submit his or |
17 | | her fingerprints to the Illinois State Police in the form and |
18 | | manner prescribed by the Illinois State Police. These |
19 | | fingerprints shall be checked against fingerprint records now |
20 | | and hereafter filed in the Illinois State Police and Federal |
21 | | Bureau of Investigation criminal history record databases. The |
22 | | Illinois State Police shall charge applicants a fee for |
23 | | conducting the criminal history record check, which shall be |
24 | | deposited into the State Police Services Fund and shall not |
25 | | exceed the actual cost of the State and national criminal |
26 | | history record check. The Illinois State Police shall furnish, |
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1 | | pursuant to positive identification, records of Illinois |
2 | | criminal convictions to the Secretary and shall forward the |
3 | | national criminal history record information to the Secretary. |
4 | | Applicants shall pay any other fingerprint-related fees. |
5 | | Unless otherwise prohibited by law, the information derived |
6 | | from the investigation, including the source of the |
7 | | information and any conclusions or recommendations derived |
8 | | from the information by the Secretary of State, shall be |
9 | | provided to the applicant upon request to the Secretary of |
10 | | State prior to any final action by the Secretary of State on |
11 | | the application. Any criminal conviction information obtained |
12 | | by the Secretary of State shall be confidential and may not be |
13 | | transmitted outside the Office of the Secretary of State, |
14 | | except as required by this subsection (b-5), and may not be |
15 | | transmitted to anyone within the Office of the Secretary of |
16 | | State except as needed for the purpose of evaluating the |
17 | | applicant. At any administrative hearing held under Section |
18 | | 2-118 of this Code relating to the denial, cancellation, |
19 | | suspension, or revocation of certification of an adult driver |
20 | | education course provider, the Secretary of State may utilize |
21 | | at that hearing any criminal history, criminal conviction, and |
22 | | disposition information obtained under this subsection (b-5). |
23 | | The information obtained from the investigation may be |
24 | | maintained by the Secretary of State or any agency to which the |
25 | | information was transmitted. Only information and standards |
26 | | which bear a reasonable and rational relation to the |
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1 | | performance of providing adult driver education shall be used |
2 | | by the Secretary of State. Any employee of the Secretary of |
3 | | State who gives or causes to be given away any confidential |
4 | | information concerning any criminal convictions or disposition |
5 | | of criminal convictions of an applicant shall be guilty of a |
6 | | Class A misdemeanor unless release of the information is |
7 | | authorized by this Section. |
8 | | (c) The Secretary may permit a course provider to offer |
9 | | the course online, if the Secretary is satisfied the course |
10 | | provider has established adequate procedures for verifying: |
11 | | (1) the identity of the person taking the course |
12 | | online; and |
13 | | (2) the person completes the entire course. |
14 | | (d) The Secretary shall establish a method of electronic |
15 | | verification of a student's successful completion of the |
16 | | course. |
17 | | (e) The fee charged by the course provider must bear a |
18 | | reasonable relationship to the cost of the course. The |
19 | | Secretary shall post on the Secretary of State's website a |
20 | | list of approved course providers, the fees charged by the |
21 | | providers, and contact information for each provider. |
22 | | (f) In addition to any other fee charged by the course |
23 | | provider, the course provider shall collect a fee of $5 from |
24 | | each student to offset the costs incurred by the Secretary in |
25 | | administering this program. The $5 shall be submitted to the |
26 | | Secretary within 14 days of the day on which it was collected. |
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1 | | All such fees received by the Secretary shall be deposited in |
2 | | the Secretary of State Driver Services Administration Fund.
|
3 | | (Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21; |
4 | | revised 10-12-21.)
|
5 | | (625 ILCS 5/6-108.1)
|
6 | | Sec. 6-108.1.
Notice to Secretary; denial of license;
|
7 | | persons under 18.
|
8 | | (a) The State's Attorney must notify the Secretary of the
|
9 | | charges pending
against any person younger than 18 years of |
10 | | age who has been charged
with a violation of this Code, the |
11 | | Criminal Code of 2012, or the Criminal Code of 1961 arising out |
12 | | of a crash an
accident in
which the person was involved as a |
13 | | driver and that caused the death of or a
type A injury to |
14 | | another person. A "type A injury" includes severely bleeding
|
15 | | wounds, distorted extremities, and injuries that require the |
16 | | injured party to
be carried from the scene. The State's |
17 | | Attorney must notify the Secretary on a
form prescribed by the |
18 | | Secretary.
|
19 | | (b) The Secretary, upon receiving notification from the |
20 | | State's Attorney,
may
deny any driver's license to any person
|
21 | | younger than 18 years of age against whom the charges are |
22 | | pending.
|
23 | | (c) The State's Attorney must notify the Secretary of the |
24 | | final
disposition of the case of any person who has been denied |
25 | | a driver's license
under subsection (b).
|
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1 | | (d) The Secretary must adopt rules for implementing this |
2 | | Section.
|
3 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
4 | | (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
|
5 | | Sec. 6-113. Restricted licenses and permits.
|
6 | | (a) The Secretary of
State upon issuing a drivers license |
7 | | or permit shall have the authority
whenever good cause appears |
8 | | to impose restrictions suitable to the
licensee's driving |
9 | | ability with respect to the type of, or special
mechanical |
10 | | control devices required on, a motor vehicle which the
|
11 | | licensee may operate or such other restrictions applicable to |
12 | | the
licensee as the Secretary of State may determine to be |
13 | | appropriate to
assure the safe operation of a motor vehicle by |
14 | | the licensee.
|
15 | | (b) The Secretary of State may either issue a special |
16 | | restricted
license or permit or may set forth such |
17 | | restrictions upon the usual
license or permit form.
|
18 | | (c) The Secretary of State may issue a probationary |
19 | | license to a person
whose driving privileges have been |
20 | | suspended pursuant to subsection (d) of this
Section or |
21 | | subsection (a)(2) of Section 6-206 of this
Code. This |
22 | | subsection (c) does not apply to any driver required to |
23 | | possess a CDL for the purpose of operating a commercial motor |
24 | | vehicle. The Secretary of State shall promulgate rules |
25 | | pursuant to the
Illinois Administrative Procedure Act, setting |
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1 | | forth the conditions and
criteria for the issuance and |
2 | | cancellation of probationary licenses.
|
3 | | (d) The Secretary of State may upon receiving satisfactory |
4 | | evidence
of any violation of the restrictions of such license |
5 | | or permit suspend,
revoke or cancel the same without |
6 | | preliminary hearing, but the licensee or
permittee shall be |
7 | | entitled to a hearing as in the case of a suspension
or |
8 | | revocation.
|
9 | | (e) It is unlawful for any person to operate a motor |
10 | | vehicle in any
manner in violation of the restrictions imposed |
11 | | on a restricted license
or permit issued to him.
|
12 | | (f) Whenever the holder of a restricted driving permit is |
13 | | issued a citation
for any of the following offenses including |
14 | | similar local ordinances, the
restricted driving permit is |
15 | | immediately invalidated:
|
16 | | 1. Reckless homicide resulting from the operation of a |
17 | | motor vehicle;
|
18 | | 2. Violation of Section 11-501 of this Act relating to |
19 | | the operation of
a motor vehicle while under the influence |
20 | | of intoxicating liquor or narcotic
drugs;
|
21 | | 3. Violation of Section 11-401 of this Act relating to |
22 | | the offense of
leaving the scene of a traffic crash |
23 | | accident involving death or injury;
|
24 | | 4. Violation of Section 11-504 of this Act relating to |
25 | | the offense of drag
racing; or
|
26 | | 5. Violation of Section 11-506 of this Act relating to |
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1 | | the offense of street racing.
|
2 | | The police officer issuing the citation shall confiscate |
3 | | the restricted
driving permit and forward it, along with the |
4 | | citation, to the Clerk of
the Circuit Court of the county in |
5 | | which the citation was issued.
|
6 | | (g) The Secretary of State may issue a special restricted
|
7 | | license for a period of 48 months to individuals using vision |
8 | | aid
arrangements other than standard eyeglasses or contact |
9 | | lenses,
allowing the operation of a motor vehicle during |
10 | | nighttime hours.
The Secretary of State shall adopt rules |
11 | | defining the terms and
conditions by which the individual may |
12 | | obtain and renew this
special restricted license. At a |
13 | | minimum, all drivers must meet
the following requirements:
|
14 | | 1. Possess a valid driver's license and have operated |
15 | | a
motor vehicle during daylight hours for a period of 12 |
16 | | months
using vision aid arrangements other than standard |
17 | | eyeglasses
or contact lenses.
|
18 | | 2. Have a driving record that does not include any
|
19 | | traffic crashes accidents that occurred during nighttime |
20 | | hours, for which the
driver has been found to be at fault, |
21 | | during the 12 months before he or she
applied for the |
22 | | special restricted license.
|
23 | | 3. Successfully complete a road test administered |
24 | | during
nighttime hours.
|
25 | | The special restricted license holder must submit to the |
26 | | Secretary annually a vision specialist report from his or her |
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1 | | ophthalmologist or optometrist that the special restricted |
2 | | license holder's vision has not changed. If the special |
3 | | restricted license holder fails to submit this vision |
4 | | specialist report, the special restricted license shall be |
5 | | cancelled under Section 6-201 of this Code. |
6 | | At a minimum, all drivers renewing this license must meet |
7 | | the
following requirements:
|
8 | | 1. Successfully complete a road test administered |
9 | | during
nighttime hours.
|
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 | | (h) Any driver issued a special restricted license as |
16 | | defined in
subsection (g) whose privilege to drive during |
17 | | nighttime hours has been
suspended due to a crash an accident |
18 | | occurring during nighttime hours may request
a hearing as |
19 | | provided in Section 2-118 of this Code to contest that |
20 | | suspension.
If it is
determined that the crash accident for |
21 | | which the driver was at fault was not
influenced by the |
22 | | driver's use of vision aid arrangements other than standard
|
23 | | eyeglasses or contact lenses, the Secretary may reinstate that |
24 | | driver's
privilege to drive during nighttime hours.
|
25 | | (i) The Secretary of State may issue a special restricted |
26 | | training permit for a period of 6 months to individuals using |
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1 | | vision aid arrangements other than standard eyeglasses or |
2 | | contact lenses, allowing the operation of a motor vehicle |
3 | | between sunset and 10:00 p.m. provided the driver is |
4 | | accompanied by a person holding a valid driver's license |
5 | | without nighttime operation restrictions. The Secretary may |
6 | | adopt rules defining the terms and conditions by which the |
7 | | individual may obtain and renew this special restricted |
8 | | training permit. At a minimum, all persons applying for a |
9 | | special restricted training permit must meet the following |
10 | | requirements: |
11 | | 1. Possess a valid driver's license and have operated |
12 | | a motor vehicle during daylight hours for a period of 6 |
13 | | months using vision aid arrangements other than standard |
14 | | eyeglasses or contact lenses. |
15 | | 2. Have a driving record that does not include any |
16 | | traffic crashes accidents , for which the person has been |
17 | | found to be at fault, during the 6 months before he or she |
18 | | applied for the special restricted training permit. |
19 | | (j) Whenever the Secretary of State has issued an |
20 | | administrative order requiring an individual to use an |
21 | | ignition interlock device after his or her driver's license |
22 | | has been reinstated, that individual shall be issued a |
23 | | driver's license containing the ignition interlock device |
24 | | restriction. The administrative order shall set forth the |
25 | | duration of the restriction and any other applicable terms and |
26 | | conditions. |
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1 | | (Source: P.A. 98-746, eff. 1-1-15; 98-747, eff. 1-1-15; 99-78, |
2 | | eff. 7-20-15; 99-289, eff. 8-6-15.)
|
3 | | (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
|
4 | | Sec. 6-117. Records to be kept by the Secretary of State.
|
5 | | (a) The Secretary of State shall file every application |
6 | | for a license or
permit accepted under this Chapter, and shall |
7 | | maintain suitable
indexes thereof. The records of the |
8 | | Secretary of State shall indicate the
action taken with |
9 | | respect to such applications.
|
10 | | (b) The Secretary of State shall maintain appropriate |
11 | | records of all
licenses and permits refused, cancelled, |
12 | | disqualified, revoked, or suspended and of the
revocation,
|
13 | | suspension, and disqualification of driving privileges of |
14 | | persons not licensed
under this Chapter, and such records |
15 | | shall note the reasons for such
action.
|
16 | | (c) The Secretary of State shall maintain appropriate |
17 | | records of
convictions reported under this Chapter. Records of |
18 | | conviction may be
maintained in a computer processible medium.
|
19 | | (d) The Secretary of State may also maintain appropriate |
20 | | records of any
crash accident reports received.
|
21 | | (e) The Secretary of State shall also maintain appropriate |
22 | | records
of any disposition of supervision or records
relative
|
23 | | to a driver's referral to a driver remedial or rehabilitative |
24 | | program, as
required by the Secretary of State or the courts. |
25 | | Such records shall only
be available for use by the Secretary, |
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1 | | the driver licensing administrator of any other state, law |
2 | | enforcement agencies, the
courts, and the affected driver or, |
3 | | upon proper verification,
such affected driver's attorney.
|
4 | | (f) The Secretary of State shall also maintain or contract |
5 | | to maintain
appropriate records of all photographs and |
6 | | signatures obtained in the process
of issuing any driver's |
7 | | license, permit, or identification card. The record
shall be |
8 | | confidential and shall not be disclosed except to those |
9 | | entities
listed under Section 6-110.1 of this Code.
|
10 | | (g) The Secretary of State may establish a First Person |
11 | | Consent organ and tissue donor registry in compliance with |
12 | | subsection (b-1) of Section 5-20 of the Illinois Anatomical |
13 | | Gift Act, as follows: |
14 | | (1) The Secretary shall offer, to each applicant for |
15 | | issuance or renewal of a driver's license or |
16 | | identification card who is 16 years of age or older, the |
17 | | opportunity to have his or her name included in the First |
18 | | Person Consent organ and tissue donor registry. The |
19 | | Secretary must advise the applicant or licensee that he or |
20 | | she is under no compulsion to have his or her name included |
21 | | in the registry. An individual who agrees to having his or |
22 | | her name included in the First Person Consent organ and |
23 | | tissue donor registry has given full legal consent to the |
24 | | donation of any of his or her organs or tissue upon his or |
25 | | her death. A brochure explaining this method of executing |
26 | | an anatomical gift must be given to each applicant for |
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1 | | issuance or renewal of a driver's license or |
2 | | identification card. The brochure must advise the |
3 | | applicant or licensee (i) that he or she is under no |
4 | | compulsion to have his or her name included in this |
5 | | registry and (ii) that he or she may wish to consult with |
6 | | family, friends, or clergy before doing so. |
7 | | (2) The Secretary of State may establish additional |
8 | | methods by which an individual may have his or her name |
9 | | included in the First Person Consent organ and tissue |
10 | | donor registry. |
11 | | (3) When an individual has agreed to have his or her |
12 | | name included in the First Person Consent organ and tissue |
13 | | donor registry, the Secretary of State shall note that |
14 | | agreement in the First Person consent organ and tissue |
15 | | donor registry. Representatives of federally designated |
16 | | organ procurement agencies and tissue banks and the |
17 | | offices of Illinois county coroners and medical examiners |
18 | | may inquire of the Secretary of State whether a potential |
19 | | organ donor's name is included in the First Person Consent |
20 | | organ and tissue donor registry, and the Secretary of |
21 | | State may provide that information to the representative. |
22 | | (4) An individual may withdraw his or her consent to |
23 | | be listed in the First Person Consent organ and tissue |
24 | | donor registry maintained by the Secretary of State by |
25 | | notifying the Secretary of State in writing, or by any |
26 | | other means approved by the Secretary, of the individual's |
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1 | | decision to have his or her name removed from the |
2 | | registry. |
3 | | (5) The Secretary of State may undertake additional |
4 | | efforts, including education and awareness activities, to |
5 | | promote organ and tissue donation. |
6 | | (6) In the absence of gross negligence or willful |
7 | | misconduct, the Secretary of State and his or her |
8 | | employees are immune from any civil or criminal liability |
9 | | in connection with an individual's consent to be listed in |
10 | | the organ and tissue donor registry.
|
11 | | (Source: P.A. 100-41, eff. 1-1-18 .)
|
12 | | (625 ILCS 5/6-117.2) |
13 | | Sec. 6-117.2. Emergency contact database. |
14 | | (a) The Secretary of State shall establish a database of |
15 | | the emergency contacts of persons who hold a driver's license, |
16 | | instruction permit, or any other type of driving permit issued |
17 | | by the Secretary of State. Information in the database shall |
18 | | be accessible only to employees of the Office of the Secretary |
19 | | and law enforcement officers employed by a law enforcement |
20 | | agency. Law enforcement officers may share information |
21 | | contained in the emergency contact database, including |
22 | | disabilities and special needs information, with other public |
23 | | safety workers on scene, as needed to conduct official law |
24 | | enforcement duties. |
25 | | (b) Any person holding a driver's license, instruction |
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1 | | permit, or any other type of driving permit issued by the |
2 | | Secretary of State shall be afforded the opportunity to |
3 | | provide the Secretary of State, in a manner and form |
4 | | designated by the Secretary of State, the name, address, |
5 | | telephone number, and relationship to the holder of no more |
6 | | than 2 emergency contact persons whom the holder wishes to be |
7 | | contacted by a law enforcement officer if the holder is |
8 | | involved in a motor vehicle crash accident or other emergency |
9 | | situation and the holder is unable to communicate with the |
10 | | contact person or persons and may designate whether the holder |
11 | | has a disability or is a special needs individual. A contact |
12 | | person need not be the holder's next of kin. |
13 | | (c) The Secretary shall adopt rules to implement this |
14 | | Section. At a minimum, the rules shall address all of the |
15 | | following: |
16 | | (1) the method whereby a holder may provide the |
17 | | Secretary of State with emergency contact, disability, and |
18 | | special needs information; |
19 | | (2) the method whereby a holder may provide the |
20 | | Secretary of State with a change to the emergency contact, |
21 | | disability, and special needs information; and |
22 | | (3) any other aspect of the database or its operation |
23 | | that the Secretary determines is necessary to implement |
24 | | this Section. |
25 | | (d) If a person involved in a motor vehicle crash accident |
26 | | or other emergency situation is unable to communicate with the |
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1 | | contact person or persons specified in the database, a law |
2 | | enforcement officer shall make a good faith effort to notify |
3 | | the contact person or persons of the situation. Neither the |
4 | | law enforcement officer nor the law enforcement agency that |
5 | | employs that law enforcement officer incurs any liability, |
6 | | however, if the law enforcement officer is not able to make |
7 | | contact with the contact person. Except for willful or wanton |
8 | | misconduct, neither the law enforcement officer, nor the law |
9 | | enforcement agency that employs the law enforcement officer, |
10 | | shall incur any liability relating to the reporting or use of |
11 | | the database during a motor vehicle crash accident or other |
12 | | emergency situation. |
13 | | (e) The Secretary of State shall make a good faith effort |
14 | | to maintain accurate data as provided by the driver's license |
15 | | or instruction permit holder and to provide that information |
16 | | to law enforcement as provided in subsection (a). The |
17 | | Secretary of State is not liable for any damages, costs, or |
18 | | expenses, including, without limitation, consequential |
19 | | damages, arising or resulting from any inaccurate or |
20 | | incomplete data or system unavailability. Except for willful |
21 | | or wanton misconduct, the Secretary of State shall not incur |
22 | | any liability relating to the reporting of disabilities or |
23 | | special needs individuals. |
24 | | (f) As used in this Section: |
25 | | "Disability" means an individual's physical or mental |
26 | | impairment that substantially limits one or more of the major |
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1 | | life activities; a record of such impairment; or when the |
2 | | individual is regarded as having such impairment. |
3 | | "Public safety worker" means a person employed by this |
4 | | State or a political subdivision thereof that provides |
5 | | firefighting, law enforcement, medical or other emergency |
6 | | services. |
7 | | "Special needs individuals" means those individuals who |
8 | | have or are at increased risk for a chronic physical, |
9 | | developmental, behavioral, or emotional condition and who also |
10 | | require health and related services of a type or amount beyond |
11 | | that required by individuals generally. |
12 | | (Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
|
13 | | (625 ILCS 5/6-201)
|
14 | | Sec. 6-201. Authority to cancel licenses and permits.
|
15 | | (a) The Secretary of State is authorized to cancel any |
16 | | license or permit
upon determining that the holder thereof:
|
17 | | 1. was not entitled to the issuance thereof hereunder; |
18 | | or
|
19 | | 2. failed to give the required or correct information |
20 | | in his
application; or
|
21 | | 3. failed to pay any fees owed to the Secretary of |
22 | | State under this Code for the license or permit;
or
|
23 | | 4. committed any fraud in the making of such |
24 | | application; or
|
25 | | 5. is ineligible therefor under the provisions of |
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1 | | Section 6-103 of this
Act, as amended; or
|
2 | | 6. has refused or neglected to submit an alcohol, |
3 | | drug, and
intoxicating compound evaluation or to
submit to |
4 | | examination or re-examination as required under this Act; |
5 | | or
|
6 | | 7. has been convicted of violating the Cannabis |
7 | | Control Act,
the
Illinois Controlled Substances Act, the |
8 | | Methamphetamine Control and Community Protection Act, or |
9 | | the Use of Intoxicating Compounds
Act while that |
10 | | individual was in actual physical
control of a motor |
11 | | vehicle. For purposes of this Section, any person placed |
12 | | on
probation under Section 10 of the Cannabis Control Act, |
13 | | Section 410 of the
Illinois Controlled Substances Act, or |
14 | | Section 70 of the Methamphetamine Control and Community |
15 | | Protection Act shall not be considered convicted. Any
|
16 | | person found guilty of this offense, while in actual |
17 | | physical control of a
motor vehicle, shall have an entry |
18 | | made in the court record by the
judge that this offense did |
19 | | occur while the person was in actual
physical control of a |
20 | | motor vehicle and order the clerk of the court to report
|
21 | | the violation to the Secretary of State as such. After the |
22 | | cancellation, the
Secretary of State shall not issue a new |
23 | | license or permit for a period of one
year after the date |
24 | | of cancellation. However, upon application, the Secretary
|
25 | | of State may, if satisfied that the person applying will |
26 | | not endanger the
public safety, or welfare, issue a |
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1 | | restricted driving permit granting the
privilege of |
2 | | driving a motor vehicle between the petitioner's residence |
3 | | and
petitioner's place of employment or within the scope |
4 | | of the petitioner's employment
related duties, or to allow |
5 | | transportation for
the petitioner or a household member of |
6 | | the petitioner's family for the receipt of
necessary |
7 | | medical care, or provide transportation for the petitioner |
8 | | to and from alcohol or drug remedial or
rehabilitative |
9 | | activity recommended by a licensed service provider, or |
10 | | for the petitioner to attend classes, as a student,
in an |
11 | | accredited educational institution. The petitioner must
|
12 | | demonstrate that no alternative means of transportation is |
13 | | reasonably
available; provided that the Secretary's |
14 | | discretion shall be limited to
cases where undue hardship, |
15 | | as defined by the rules of the Secretary of State, would |
16 | | result from a failure to issue such
restricted driving |
17 | | permit. In each case the Secretary of State may issue
such |
18 | | restricted driving permit for such period as he deems |
19 | | appropriate,
except that such permit shall expire no later |
20 | | than 2 years from the date of
issuance. A restricted |
21 | | driving permit issued hereunder shall be subject to
|
22 | | cancellation, revocation and suspension by the Secretary |
23 | | of State in like
manner and for like cause as a driver's |
24 | | license issued hereunder may be
cancelled, revoked or |
25 | | suspended; except that a conviction upon one or more
|
26 | | offenses against laws or ordinances regulating the |
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1 | | movement of traffic
shall be deemed sufficient cause for |
2 | | the revocation, suspension or
cancellation of a restricted |
3 | | driving permit. The Secretary of State may,
as a condition |
4 | | to the issuance of a restricted driving permit, require |
5 | | the
applicant to participate in a driver remedial or |
6 | | rehabilitative
program. In accordance with 49 C.F.R. 384, |
7 | | the Secretary of State may not issue a restricted driving |
8 | | permit for the operation of a commercial motor vehicle to |
9 | | a person holding a CDL whose driving privileges have been |
10 | | revoked, suspended, cancelled, or disqualified under this |
11 | | Code; or
|
12 | | 8. failed to submit a report as required by Section |
13 | | 6-116.5 of this
Code; or
|
14 | | 9. has been convicted of a sex offense as defined in |
15 | | the Sex Offender Registration Act. The driver's license |
16 | | shall remain cancelled until the driver registers as a sex |
17 | | offender as required by the Sex Offender Registration Act, |
18 | | proof of the registration is furnished to the Secretary of |
19 | | State and the sex offender provides proof of current |
20 | | address to the Secretary; or
|
21 | | 10. is ineligible for a license or permit under |
22 | | Section 6-107, 6-107.1, or
6-108 of this Code; or
|
23 | | 11. refused or neglected to appear at a Driver |
24 | | Services facility to have the license or permit corrected |
25 | | and a new license or permit issued or to present |
26 | | documentation for verification of identity; or
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1 | | 12. failed to submit a medical examiner's certificate |
2 | | or medical variance as required by 49 C.F.R. 383.71 or |
3 | | submitted a fraudulent medical examiner's certificate or |
4 | | medical variance; or |
5 | | 13. has had his or her medical examiner's certificate, |
6 | | medical variance, or both removed or rescinded by the |
7 | | Federal Motor Carrier Safety Administration; or |
8 | | 14. failed to self-certify as to the type of driving |
9 | | in which the CDL driver engages or expects to engage; or |
10 | | 15. has submitted acceptable documentation indicating |
11 | | out-of-state residency to the Secretary of State to be |
12 | | released from the requirement of showing proof of |
13 | | financial responsibility in this State; or |
14 | | 16. was convicted of fraud relating to the testing or |
15 | | issuance of a CDL or CLP, in which case only the CDL or CLP |
16 | | shall be cancelled. After cancellation, the Secretary |
17 | | shall not issue a CLP or CDL for a period of one year from |
18 | | the date of cancellation; or |
19 | | 17. has a special restricted license under subsection |
20 | | (g) of Section 6-113 of this Code and failed to submit the |
21 | | required annual vision specialist report that the special |
22 | | restricted license holder's vision has not changed; or |
23 | | 18. has a special restricted license under subsection |
24 | | (g) of Section 6-113 of this Code and was convicted or |
25 | | received court supervision for a violation of this Code |
26 | | that occurred during nighttime hours or was involved in a |
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1 | | motor vehicle crash accident during nighttime hours in |
2 | | which the restricted license holder was at fault; or |
3 | | 19. has assisted an out-of-state resident in acquiring |
4 | | an Illinois driver's license or identification card by |
5 | | providing or allowing the out-of-state resident to use his |
6 | | or her Illinois address of residence and is complicit in |
7 | | distributing and forwarding the Illinois driver's license |
8 | | or identification card to the out-of-state resident. |
9 | | (b) Upon such cancellation the licensee or permittee must |
10 | | surrender the
license or permit so cancelled to the Secretary |
11 | | of State.
|
12 | | (c) Except as provided in Sections 6-206.1 and 7-702.1,
|
13 | | the Secretary of State
shall have exclusive authority to |
14 | | grant, issue, deny, cancel, suspend and
revoke driving |
15 | | privileges, drivers' licenses and restricted driving permits.
|
16 | | (d) The Secretary of State may adopt rules to implement |
17 | | this Section.
|
18 | | (Source: P.A. 100-409, eff. 8-25-17; 100-803, eff. 1-1-19; |
19 | | 101-623, eff. 7-1-20 .)
|
20 | | (625 ILCS 5/6-205)
|
21 | | Sec. 6-205. Mandatory revocation of license or permit; |
22 | | hardship cases.
|
23 | | (a) Except as provided in this Section, the Secretary of |
24 | | State shall
immediately revoke the license, permit, or driving |
25 | | privileges of
any driver upon receiving a
report of the |
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1 | | driver's conviction of any of the following offenses:
|
2 | | 1. Reckless homicide resulting from the operation of a |
3 | | motor vehicle;
|
4 | | 2. Violation of Section 11-501 of this Code or a |
5 | | similar provision of
a local ordinance relating to the |
6 | | offense of operating or being in physical
control of a |
7 | | vehicle while under the influence of alcohol, other drug |
8 | | or
drugs, intoxicating compound or compounds, or any |
9 | | combination thereof;
|
10 | | 3. Any felony under the laws of any State or the |
11 | | federal government
in the commission of which a motor |
12 | | vehicle was used;
|
13 | | 4. Violation of Section 11-401 of this Code relating |
14 | | to the offense of
leaving the scene of a traffic crash |
15 | | accident involving death or personal injury;
|
16 | | 5. Perjury or the making of a false affidavit or |
17 | | statement under
oath to the Secretary of State under this |
18 | | Code or under any
other law relating to the ownership or |
19 | | operation of motor vehicles;
|
20 | | 6. Conviction upon 3 charges of violation of Section |
21 | | 11-503 of this
Code relating to the offense of reckless |
22 | | driving committed within a
period of 12 months;
|
23 | | 7. Conviction of any offense
defined in
Section 4-102 |
24 | | of this Code if the person exercised actual physical |
25 | | control over the vehicle during the commission of the |
26 | | offense;
|
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1 | | 8. Violation of Section 11-504 of this Code relating |
2 | | to the offense
of drag racing;
|
3 | | 9. Violation of Chapters 8 and 9 of this Code;
|
4 | | 10. Violation of Section 12-5 of the Criminal Code of |
5 | | 1961 or the Criminal Code of 2012 arising from
the use of a |
6 | | motor vehicle;
|
7 | | 11. Violation of Section 11-204.1 of this Code |
8 | | relating to aggravated
fleeing or attempting to elude a |
9 | | peace officer;
|
10 | | 12. Violation of paragraph (1) of subsection (b) of |
11 | | Section 6-507,
or a similar law of any other state, |
12 | | relating to the
unlawful operation of a commercial motor |
13 | | vehicle;
|
14 | | 13. Violation of paragraph (a) of Section 11-502 of |
15 | | this Code or a
similar provision of a local ordinance if |
16 | | the driver has been previously
convicted of a violation of |
17 | | that Section or a similar provision of a local
ordinance |
18 | | and the driver was less than 21 years of age at the time of |
19 | | the
offense;
|
20 | | 14. Violation of paragraph (a) of Section 11-506 of |
21 | | this Code or a similar provision of a local ordinance |
22 | | relating to the offense of street racing;
|
23 | | 15. A second or subsequent conviction of driving while |
24 | | the person's driver's license, permit or privileges was |
25 | | revoked for reckless homicide or a similar out-of-state |
26 | | offense; |
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1 | | 16. Any offense against any provision in this Code, or |
2 | | any local ordinance, regulating the
movement of traffic |
3 | | when that offense was the proximate cause of the death of |
4 | | any person. Any person whose driving privileges have been |
5 | | revoked pursuant to this paragraph may seek to have the |
6 | | revocation terminated or to have the length of revocation |
7 | | reduced by requesting an administrative hearing with the |
8 | | Secretary of State prior to the projected driver's license |
9 | | application eligibility date; |
10 | | 17. Violation of subsection (a-2) of Section 11-1301.3 |
11 | | of this Code or a similar provision of a local ordinance; |
12 | | 18. A second or subsequent conviction of illegal |
13 | | possession, while operating or in actual physical control, |
14 | | as a driver, of a motor vehicle, of any controlled |
15 | | substance prohibited under the Illinois Controlled |
16 | | Substances Act, any cannabis prohibited under the Cannabis |
17 | | Control Act, or any methamphetamine prohibited under the |
18 | | Methamphetamine Control and Community Protection Act. A |
19 | | defendant found guilty of this offense while operating a |
20 | | motor vehicle
shall have an entry made in the court record |
21 | | by the presiding judge that
this offense did occur while |
22 | | the defendant was operating a motor vehicle
and order the |
23 | | clerk of the court to report the violation to the |
24 | | Secretary
of State; |
25 | | 19. Violation of subsection (a) of Section 11-1414 of |
26 | | this Code, or a similar provision of a local ordinance, |
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1 | | relating to the offense of overtaking or passing of a |
2 | | school bus when the driver, in committing the violation, |
3 | | is involved in a motor vehicle crash accident that results |
4 | | in death to another and the violation is a proximate cause |
5 | | of the death. |
6 | | (b) The Secretary of State shall also immediately revoke |
7 | | the license
or permit of any driver in the following |
8 | | situations:
|
9 | | 1. Of any minor upon receiving the notice provided for |
10 | | in Section
5-901 of the Juvenile Court Act of 1987 that the |
11 | | minor has been
adjudicated under that Act as having |
12 | | committed an offense relating to
motor vehicles prescribed |
13 | | in Section 4-103 of this Code;
|
14 | | 2. Of any person when any other law of this State |
15 | | requires either the
revocation or suspension of a license |
16 | | or permit;
|
17 | | 3. Of any person adjudicated under the Juvenile Court |
18 | | Act of 1987 based on an offense determined to have been |
19 | | committed in furtherance of the criminal activities of an |
20 | | organized gang as provided in Section 5-710 of that Act, |
21 | | and that involved the operation or use of a motor vehicle |
22 | | or the use of a driver's license or permit. The revocation |
23 | | shall remain in effect for the period determined by the |
24 | | court. |
25 | | (c)(1) Whenever a person is convicted of any of the |
26 | | offenses enumerated in
this Section, the court may recommend |
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1 | | and the Secretary of State in his
discretion, without regard |
2 | | to whether the recommendation is made by the
court may, upon |
3 | | application,
issue to the person a
restricted driving permit |
4 | | granting the privilege of driving a motor
vehicle between the |
5 | | petitioner's residence and petitioner's place
of employment or |
6 | | within the scope of the petitioner's employment related
|
7 | | duties, or to allow the petitioner to transport himself or |
8 | | herself or a family member
of the petitioner's household to a |
9 | | medical facility for the receipt of necessary medical care or |
10 | | to allow the
petitioner to transport himself or herself to and |
11 | | from alcohol or drug remedial or rehabilitative activity |
12 | | recommended by a licensed service provider, or to allow the
|
13 | | petitioner to transport himself or herself or a family member |
14 | | of the petitioner's household to classes, as a student, at an |
15 | | accredited educational
institution, or to allow the petitioner |
16 | | to transport children, elderly persons, or persons with |
17 | | disabilities who do not hold driving privileges and are living |
18 | | in the petitioner's household to and from daycare; if the |
19 | | petitioner is able to demonstrate that no alternative means
of |
20 | | transportation is reasonably available and that the petitioner |
21 | | will not endanger
the public safety or welfare; provided that |
22 | | the Secretary's discretion shall be
limited to cases where |
23 | | undue hardship, as defined by the rules of the Secretary of |
24 | | State, would result from a failure to issue the
restricted |
25 | | driving permit.
|
26 | | (1.5) A person subject to the provisions of paragraph 4 of |
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1 | | subsection (b) of Section 6-208 of this Code may make |
2 | | application for a restricted driving permit at a hearing |
3 | | conducted under Section 2-118 of this Code after the |
4 | | expiration of 5 years from the effective date of the most |
5 | | recent revocation, or after 5 years from the date of release |
6 | | from a period of imprisonment resulting from a conviction of |
7 | | the most recent offense, whichever is later, provided the |
8 | | person, in addition to all other requirements of the |
9 | | Secretary, shows by clear and convincing evidence: |
10 | | (A) a minimum of 3 years of uninterrupted abstinence |
11 | | from alcohol and the unlawful use or consumption of |
12 | | cannabis under the Cannabis Control Act, a controlled |
13 | | substance under the Illinois Controlled Substances Act, an |
14 | | intoxicating compound under the Use of Intoxicating |
15 | | Compounds Act, or methamphetamine under the |
16 | | Methamphetamine Control and Community Protection Act; and |
17 | | (B) the successful completion of any rehabilitative |
18 | | treatment and involvement in any ongoing rehabilitative |
19 | | activity that may be recommended by a properly licensed |
20 | | service provider according to an assessment of the |
21 | | person's alcohol or drug use under Section 11-501.01 of |
22 | | this Code. |
23 | | In determining whether an applicant is eligible for a |
24 | | restricted driving permit under this paragraph (1.5), the |
25 | | Secretary may consider any relevant evidence, including, but |
26 | | not limited to, testimony, affidavits, records, and the |
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1 | | results of regular alcohol or drug tests. Persons subject to |
2 | | the provisions of paragraph 4 of subsection (b) of Section |
3 | | 6-208 of this Code and who have been convicted of more than one |
4 | | violation of paragraph (3), paragraph (4), or paragraph (5) of |
5 | | subsection (a) of Section 11-501 of this Code shall not be |
6 | | eligible to apply for a restricted driving permit. |
7 | | A restricted driving permit issued under this paragraph |
8 | | (1.5) shall provide that the holder may only operate motor |
9 | | vehicles equipped with an ignition interlock device as |
10 | | required under paragraph (2) of subsection (c) of this Section |
11 | | and subparagraph (A) of paragraph 3 of subsection (c) of |
12 | | Section 6-206 of this Code. The Secretary may revoke a |
13 | | restricted driving permit or amend the conditions of a |
14 | | restricted driving permit issued under this paragraph (1.5) if |
15 | | the holder operates a vehicle that is not equipped with an |
16 | | ignition interlock device, or for any other reason authorized |
17 | | under this Code. |
18 | | A restricted driving permit issued under this paragraph |
19 | | (1.5) shall be revoked, and the holder barred from applying |
20 | | for or being issued a restricted driving permit in the future, |
21 | | if the holder is subsequently convicted of a violation of |
22 | | Section 11-501 of this Code, a similar provision of a local |
23 | | ordinance, or a similar offense in another state. |
24 | | (2) If a person's license or permit is revoked or |
25 | | suspended due to 2 or
more convictions of violating Section |
26 | | 11-501 of this Code or a similar
provision of a local ordinance |
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1 | | or a similar out-of-state offense, or Section 9-3 of the |
2 | | Criminal Code of 1961 or the Criminal Code of 2012, where the |
3 | | use of alcohol or other drugs is recited as an element of the |
4 | | offense, or a similar out-of-state offense, or a combination |
5 | | of these offenses, arising out
of separate occurrences, that |
6 | | person, if issued a restricted driving permit,
may not operate |
7 | | a vehicle unless it has been equipped with an ignition
|
8 | | interlock device as defined in Section 1-129.1.
|
9 | | (3) If:
|
10 | | (A) a person's license or permit is revoked or |
11 | | suspended 2 or more
times due to any combination of: |
12 | | (i)
a single conviction of violating Section
|
13 | | 11-501 of this Code or a similar provision of a local |
14 | | ordinance or a similar
out-of-state offense, or |
15 | | Section 9-3 of the Criminal Code of 1961 or the |
16 | | Criminal Code of 2012, where the use of alcohol or |
17 | | other drugs is recited as an element of the offense, or |
18 | | a similar out-of-state offense; or |
19 | | (ii)
a statutory summary suspension or revocation |
20 | | under Section
11-501.1; or |
21 | | (iii)
a suspension pursuant to Section 6-203.1;
|
22 | | arising out of
separate occurrences; or |
23 | | (B)
a person has been convicted of one violation of |
24 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
25 | | of Section 11-501 of this Code, Section 9-3 of the |
26 | | Criminal Code of 1961 or the Criminal Code of 2012, |
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1 | | relating to the offense of reckless homicide where the use |
2 | | of alcohol or other drugs was recited as an element of the |
3 | | offense, or a similar provision of a law of another state;
|
4 | | that person, if issued a restricted
driving permit, may not |
5 | | operate a vehicle unless it has been equipped with an
ignition |
6 | | interlock device as defined in Section 1-129.1. |
7 | | (4)
The person issued a permit conditioned on the use of an |
8 | | ignition interlock device must pay to the Secretary of State |
9 | | DUI Administration Fund an amount
not to exceed $30 per month. |
10 | | The Secretary shall establish by rule the amount
and the |
11 | | procedures, terms, and conditions relating to these fees. |
12 | | (5)
If the restricted driving permit is issued for |
13 | | employment purposes, then
the prohibition against operating a |
14 | | motor vehicle that is not equipped with an ignition interlock |
15 | | device does not apply to the operation of an occupational |
16 | | vehicle
owned or leased by that person's employer when used |
17 | | solely for employment purposes. For any person who, within a |
18 | | 5-year period, is convicted of a second or subsequent offense |
19 | | under Section 11-501 of this Code, or a similar provision of a |
20 | | local ordinance or similar out-of-state offense, this |
21 | | employment exemption does not apply until either a one-year |
22 | | period has elapsed during which that person had his or her |
23 | | driving privileges revoked or a one-year period has elapsed |
24 | | during which that person had a restricted driving permit which |
25 | | required the use of an ignition interlock device on every |
26 | | motor vehicle owned or operated by that person. |
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1 | | (6)
In each case the Secretary of State may issue a
|
2 | | restricted driving permit for a period he deems appropriate, |
3 | | except that the
permit shall expire no later than 2 years from |
4 | | the date of issuance. A restricted
driving permit issued under |
5 | | this Section shall be
subject to cancellation, revocation, and |
6 | | suspension by the Secretary of
State in like manner and for |
7 | | like cause as a driver's license issued
under this Code may be |
8 | | cancelled, revoked, or
suspended; except that a conviction |
9 | | upon one or more offenses against laws or
ordinances |
10 | | regulating the movement of traffic shall be deemed sufficient |
11 | | cause
for the revocation, suspension, or cancellation of a |
12 | | restricted driving permit.
The Secretary of State may, as a |
13 | | condition to the issuance of a restricted
driving permit, |
14 | | require the petitioner to participate in a designated driver
|
15 | | remedial or rehabilitative program. The Secretary of State is |
16 | | authorized to
cancel a restricted driving permit if the permit |
17 | | holder does not successfully
complete the program. However, if |
18 | | an individual's driving privileges have been
revoked in |
19 | | accordance with paragraph 13 of subsection (a) of this |
20 | | Section, no
restricted driving permit shall be issued until |
21 | | the individual has served 6
months of the revocation period.
|
22 | | (c-5) (Blank).
|
23 | | (c-6) If a person is convicted of a second violation of |
24 | | operating a motor vehicle while the person's driver's license, |
25 | | permit or privilege was revoked, where the revocation was for |
26 | | a violation of Section 9-3 of the Criminal Code of 1961 or the |
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1 | | Criminal Code of 2012 relating to the offense of reckless |
2 | | homicide or a similar out-of-state offense, the person's |
3 | | driving privileges shall be revoked pursuant to subdivision |
4 | | (a)(15) of this Section. The person may not make application |
5 | | for a license or permit until the expiration of five years from |
6 | | the effective date of the revocation or the expiration of five |
7 | | years from the date of release from a term of imprisonment, |
8 | | whichever is later. |
9 | | (c-7) If a person is convicted of a third or subsequent |
10 | | violation of operating a motor vehicle while the person's |
11 | | driver's license, permit or privilege was revoked, where the |
12 | | revocation was for a violation of Section 9-3 of the Criminal |
13 | | Code of 1961 or the Criminal Code of 2012 relating to the |
14 | | offense of reckless homicide or a similar out-of-state |
15 | | offense, the person may never apply for a license or permit. |
16 | | (d)(1) Whenever a person under the age of 21 is convicted |
17 | | under Section
11-501 of this Code or a similar provision of a |
18 | | local ordinance or a similar out-of-state offense, the
|
19 | | Secretary of State shall revoke the driving privileges of that |
20 | | person. One
year after the date of revocation, and upon |
21 | | application, the Secretary of
State may, if satisfied that the |
22 | | person applying will not endanger the
public safety or |
23 | | welfare, issue a restricted driving permit granting the
|
24 | | privilege of driving a motor vehicle only between the hours of |
25 | | 5 a.m. and 9
p.m. or as otherwise provided by this Section for |
26 | | a period of one year.
After this one-year period, and upon |
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1 | | reapplication for a license as
provided in Section 6-106, upon |
2 | | payment of the appropriate reinstatement
fee provided under |
3 | | paragraph (b) of Section 6-118, the Secretary of State,
in his |
4 | | discretion, may
reinstate the petitioner's driver's license |
5 | | and driving privileges, or extend the restricted driving |
6 | | permit as many times as the
Secretary of State deems |
7 | | appropriate, by additional periods of not more than
24 months |
8 | | each.
|
9 | | (2) If a person's license or permit is revoked or |
10 | | suspended due to 2 or
more convictions of violating |
11 | | Section 11-501 of this Code or a similar
provision of a |
12 | | local ordinance or a similar out-of-state offense, or |
13 | | Section 9-3 of the Criminal Code of 1961 or the Criminal |
14 | | Code of 2012, where the use of alcohol or other drugs is |
15 | | recited as an element of the offense, or a similar |
16 | | out-of-state offense, or a combination of these offenses, |
17 | | arising out
of separate occurrences, that person, if |
18 | | issued a restricted driving permit,
may not operate a |
19 | | vehicle unless it has been equipped with an ignition
|
20 | | interlock device as defined in Section 1-129.1.
|
21 | | (3) If a person's license or permit is revoked or |
22 | | suspended 2 or more times
due to any combination of: |
23 | | (A) a single conviction of violating Section |
24 | | 11-501
of this
Code or a similar provision of a local |
25 | | ordinance or a similar out-of-state
offense, or |
26 | | Section 9-3 of the Criminal Code of 1961 or the |
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1 | | Criminal Code of 2012, where the use of alcohol or |
2 | | other drugs is recited as an element of the offense, or |
3 | | a similar out-of-state offense; or |
4 | | (B)
a statutory summary suspension or revocation |
5 | | under Section 11-501.1; or |
6 | | (C) a suspension pursuant to Section 6-203.1; |
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 | | (3.5) If a person's license or permit is revoked or |
12 | | suspended due to a conviction for a violation of |
13 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
14 | | of Section 11-501 of this Code, or a similar provision of a |
15 | | local ordinance or similar out-of-state offense, that |
16 | | person, if issued a restricted driving permit, may not |
17 | | operate a vehicle unless it has been equipped with an |
18 | | ignition interlock device as defined in Section 1-129.1. |
19 | | (4)
The person issued a permit conditioned upon the |
20 | | use of an interlock device must pay to the Secretary of |
21 | | State DUI Administration Fund an amount
not to exceed $30 |
22 | | per month. The Secretary shall establish by rule the |
23 | | amount
and the procedures, terms, and conditions relating |
24 | | to these fees. |
25 | | (5)
If the restricted driving permit is issued for |
26 | | employment purposes, then
the prohibition against driving |
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1 | | a vehicle that is not equipped with an ignition interlock |
2 | | device does not apply to the operation of an occupational |
3 | | vehicle
owned or leased by that person's employer when |
4 | | used solely for employment purposes. For any person who, |
5 | | within a 5-year period, is convicted of a second or |
6 | | subsequent offense under Section 11-501 of this Code, or a |
7 | | similar provision of a local ordinance or similar |
8 | | out-of-state offense, this employment exemption does not |
9 | | apply until either a one-year period has elapsed during |
10 | | which that person had his or her driving privileges |
11 | | revoked or a one-year period has elapsed during which that |
12 | | person had a restricted driving permit which required the |
13 | | use of an ignition interlock device on every motor vehicle |
14 | | owned or operated by that person. |
15 | | (6) A
restricted driving permit issued under this |
16 | | Section shall be subject to
cancellation, revocation, and |
17 | | suspension by the Secretary of State in like
manner and |
18 | | for like cause as a driver's license issued under this |
19 | | Code may be
cancelled, revoked, or suspended; except that |
20 | | a conviction upon one or more
offenses against laws or |
21 | | ordinances regulating the movement of traffic
shall be |
22 | | deemed sufficient cause for the revocation, suspension, or
|
23 | | cancellation of a restricted driving permit.
|
24 | | (d-5) The revocation of the license, permit, or driving |
25 | | privileges of a person convicted of a third or subsequent |
26 | | violation of Section 6-303 of this Code committed while his or |
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1 | | her driver's license, permit, or privilege was revoked because |
2 | | of a violation of Section 9-3 of the Criminal Code of 1961 or |
3 | | the Criminal Code of 2012, relating to the offense of reckless |
4 | | homicide, or a similar provision of a law of another state, is |
5 | | permanent. The Secretary may not, at any time, issue a license |
6 | | or permit to that person.
|
7 | | (e) This Section is subject to the provisions of the |
8 | | Driver License
Compact.
|
9 | | (f) Any revocation imposed upon any person under |
10 | | subsections 2
and 3 of paragraph (b) that is in effect on |
11 | | December 31, 1988 shall be
converted to a suspension for a like |
12 | | period of time.
|
13 | | (g) The Secretary of State shall not issue a restricted |
14 | | driving permit to
a person under the age of 16 years whose |
15 | | driving privileges have been revoked
under any provisions of |
16 | | this Code.
|
17 | | (h) The Secretary of State shall require the use of |
18 | | ignition interlock
devices for a period not less than 5 years |
19 | | on all vehicles owned by a person who has been convicted of a
|
20 | | second or subsequent offense under Section 11-501 of this Code |
21 | | or a similar
provision of a local ordinance. The person must |
22 | | pay to the Secretary of State DUI Administration Fund an |
23 | | amount not to exceed $30 for each month that he or she uses the |
24 | | device. The Secretary shall establish by rule and
regulation |
25 | | the procedures for certification and use of the interlock
|
26 | | system, the amount of the fee, and the procedures, terms, and |
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1 | | conditions relating to these fees. During the time period in |
2 | | which a person is required to install an ignition interlock |
3 | | device under this subsection (h), that person shall only |
4 | | operate vehicles in which ignition interlock devices have been |
5 | | installed, except as allowed by subdivision (c)(5) or (d)(5) |
6 | | of this Section. Regardless of whether an exemption under |
7 | | subdivision (c) (5) or (d) (5) applies, every person subject |
8 | | to this subsection shall not be eligible for reinstatement |
9 | | until the person installs an ignition interlock device and |
10 | | maintains the ignition interlock device for 5 years.
|
11 | | (i) (Blank).
|
12 | | (j) In accordance with 49 C.F.R. 384, the Secretary of |
13 | | State may not issue a restricted driving permit for the |
14 | | operation of a commercial motor vehicle to a person holding a |
15 | | CDL whose driving privileges have been revoked, suspended, |
16 | | cancelled, or disqualified under any provisions of this Code.
|
17 | | (k) The Secretary of State shall notify by mail any person |
18 | | whose driving privileges have been revoked under paragraph 16 |
19 | | of subsection (a) of this Section that his or her driving |
20 | | privileges and driver's license will be revoked 90 days from |
21 | | the date of the mailing of the notice. |
22 | | (Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21.)
|
23 | | (625 ILCS 5/6-206)
|
24 | | Sec. 6-206. Discretionary authority to suspend or revoke |
25 | | license or
permit; right to a hearing.
|
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1 | | (a) The Secretary of State is authorized to suspend or |
2 | | revoke the
driving privileges of any person without |
3 | | preliminary hearing upon a showing
of the person's records or |
4 | | other sufficient evidence that
the person:
|
5 | | 1. Has committed an offense for which mandatory |
6 | | revocation of
a driver's license or permit is required |
7 | | upon conviction;
|
8 | | 2. Has been convicted of not less than 3 offenses |
9 | | against traffic
regulations governing the movement of |
10 | | vehicles committed within any 12-month period. No |
11 | | revocation or suspension shall be entered more than
6 |
12 | | months after the date of last conviction;
|
13 | | 3. Has been repeatedly involved as a driver in motor |
14 | | vehicle
collisions or has been repeatedly convicted of |
15 | | offenses against laws and
ordinances regulating the |
16 | | movement of traffic, to a degree that
indicates lack of |
17 | | ability to exercise ordinary and reasonable care in
the |
18 | | safe operation of a motor vehicle or disrespect for the |
19 | | traffic laws
and the safety of other persons upon the |
20 | | highway;
|
21 | | 4. Has by the unlawful operation of a motor vehicle |
22 | | caused or
contributed to a crash an accident resulting in |
23 | | injury requiring
immediate professional treatment in a |
24 | | medical facility or doctor's office
to any person, except |
25 | | that any suspension or revocation imposed by the
Secretary |
26 | | of State under the provisions of this subsection shall |
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1 | | start no
later than 6 months after being convicted of |
2 | | violating a law or
ordinance regulating the movement of |
3 | | traffic, which violation is related
to the crash accident , |
4 | | or shall start not more than one year
after
the date of the |
5 | | crash accident , whichever date occurs later;
|
6 | | 5. Has permitted an unlawful or fraudulent use of a |
7 | | driver's
license, identification card, or permit;
|
8 | | 6. Has been lawfully convicted of an offense or |
9 | | offenses in another
state, including the authorization |
10 | | contained in Section 6-203.1, which
if committed within |
11 | | this State would be grounds for suspension or revocation;
|
12 | | 7. Has refused or failed to submit to an examination |
13 | | provided for by
Section 6-207 or has failed to pass the |
14 | | examination;
|
15 | | 8. Is ineligible for a driver's license or permit |
16 | | under the provisions
of Section 6-103;
|
17 | | 9. Has made a false statement or knowingly concealed a |
18 | | material fact
or has used false information or |
19 | | identification in any application for a
license, |
20 | | identification card, or permit;
|
21 | | 10. Has possessed, displayed, or attempted to |
22 | | fraudulently use any
license, identification card, or |
23 | | permit not issued to the person;
|
24 | | 11. Has operated a motor vehicle upon a highway of |
25 | | this State when
the person's driving privilege or |
26 | | privilege to obtain a driver's license
or permit was |
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1 | | revoked or suspended unless the operation was authorized |
2 | | by
a monitoring device driving permit, judicial driving |
3 | | permit issued prior to January 1, 2009, probationary |
4 | | license to drive, or restricted
driving permit issued |
5 | | under this Code;
|
6 | | 12. Has submitted to any portion of the application |
7 | | process for
another person or has obtained the services of |
8 | | another person to submit to
any portion of the application |
9 | | process for the purpose of obtaining a
license, |
10 | | identification card, or permit for some other person;
|
11 | | 13. Has operated a motor vehicle upon a highway of |
12 | | this State when
the person's driver's license or permit |
13 | | was invalid under the provisions of
Sections 6-107.1 and
|
14 | | 6-110;
|
15 | | 14. Has committed a violation of Section 6-301, |
16 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or |
17 | | 14B of the Illinois Identification Card
Act;
|
18 | | 15. Has been convicted of violating Section 21-2 of |
19 | | the Criminal Code
of 1961 or the Criminal Code of 2012 |
20 | | relating to criminal trespass to vehicles if the person |
21 | | exercised actual physical control over the vehicle during |
22 | | the commission of the offense, in which case the |
23 | | suspension
shall be for one year;
|
24 | | 16. Has been convicted of violating Section 11-204 of |
25 | | this Code relating
to fleeing from a peace officer;
|
26 | | 17. Has refused to submit to a test, or tests, as |
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1 | | required under Section
11-501.1 of this Code and the |
2 | | person has not sought a hearing as
provided for in Section |
3 | | 11-501.1;
|
4 | | 18. (Blank);
|
5 | | 19. Has committed a violation of paragraph (a) or (b) |
6 | | of Section 6-101
relating to driving without a driver's |
7 | | license;
|
8 | | 20. Has been convicted of violating Section 6-104 |
9 | | relating to
classification of driver's license;
|
10 | | 21. Has been convicted of violating Section 11-402 of
|
11 | | this Code relating to leaving the scene of a crash an |
12 | | accident resulting in damage
to a vehicle in excess of |
13 | | $1,000, in which case the suspension shall be
for one |
14 | | year;
|
15 | | 22. Has used a motor vehicle in violating paragraph |
16 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
17 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
18 | | relating
to unlawful use of weapons, in which case the |
19 | | suspension shall be for one
year;
|
20 | | 23. Has, as a driver, been convicted of committing a |
21 | | violation of
paragraph (a) of Section 11-502 of this Code |
22 | | for a second or subsequent
time within one year of a |
23 | | similar violation;
|
24 | | 24. Has been convicted by a court-martial or punished |
25 | | by non-judicial
punishment by military authorities of the |
26 | | United States at a military
installation in Illinois or in |
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1 | | another state of or for a traffic-related offense that is |
2 | | the
same as or similar to an offense specified under |
3 | | Section 6-205 or 6-206 of
this Code;
|
4 | | 25. Has permitted any form of identification to be |
5 | | used by another in
the application process in order to |
6 | | obtain or attempt to obtain a license,
identification |
7 | | card, or permit;
|
8 | | 26. Has altered or attempted to alter a license or has |
9 | | possessed an
altered license, identification card, or |
10 | | permit;
|
11 | | 27. (Blank);
|
12 | | 28. Has been convicted for a first time of the illegal |
13 | | possession, while operating or
in actual physical control, |
14 | | as a driver, of a motor vehicle, of any
controlled |
15 | | substance prohibited under the Illinois Controlled |
16 | | Substances
Act, any cannabis prohibited under the Cannabis |
17 | | Control
Act, or any methamphetamine prohibited under the |
18 | | Methamphetamine Control and Community Protection Act, in |
19 | | which case the person's driving privileges shall be |
20 | | suspended for
one year.
Any defendant found guilty of this |
21 | | offense while operating a motor vehicle
shall have an |
22 | | entry made in the court record by the presiding judge that
|
23 | | this offense did occur while the defendant was operating a |
24 | | motor vehicle
and order the clerk of the court to report |
25 | | the violation to the Secretary
of State;
|
26 | | 29. Has been convicted of the following offenses that |
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1 | | were committed
while the person was operating or in actual |
2 | | physical control, as a driver,
of a motor vehicle: |
3 | | criminal sexual assault,
predatory criminal sexual assault |
4 | | of a child,
aggravated criminal sexual
assault, criminal |
5 | | sexual abuse, aggravated criminal sexual abuse, juvenile
|
6 | | pimping, soliciting for a juvenile prostitute, promoting |
7 | | juvenile prostitution as described in subdivision (a)(1), |
8 | | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code |
9 | | of 1961 or the Criminal Code of 2012, and the manufacture, |
10 | | sale or
delivery of controlled substances or instruments |
11 | | used for illegal drug use
or abuse in which case the |
12 | | driver's driving privileges shall be suspended
for one |
13 | | year;
|
14 | | 30. Has been convicted a second or subsequent time for |
15 | | any
combination of the offenses named in paragraph 29 of |
16 | | this subsection,
in which case the person's driving |
17 | | privileges shall be suspended for 5
years;
|
18 | | 31. Has refused to submit to a test as
required by |
19 | | Section 11-501.6 of this Code or Section 5-16c of the Boat |
20 | | Registration and Safety Act or has submitted to a test |
21 | | resulting in
an alcohol concentration of 0.08 or more or |
22 | | any amount of a drug, substance, or
compound resulting |
23 | | from the unlawful use or consumption of cannabis as listed
|
24 | | in the Cannabis Control Act, a controlled substance as |
25 | | listed in the Illinois
Controlled Substances Act, an |
26 | | intoxicating compound as listed in the Use of
Intoxicating |
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1 | | Compounds Act, or methamphetamine as listed in the |
2 | | Methamphetamine Control and Community Protection Act, in |
3 | | which case the penalty shall be
as prescribed in Section |
4 | | 6-208.1;
|
5 | | 32. Has been convicted of Section 24-1.2 of the |
6 | | Criminal Code of
1961 or the Criminal Code of 2012 |
7 | | relating to the aggravated discharge of a firearm if the |
8 | | offender was
located in a motor vehicle at the time the |
9 | | firearm was discharged, in which
case the suspension shall |
10 | | be for 3 years;
|
11 | | 33. Has as a driver, who was less than 21 years of age |
12 | | on the date of
the offense, been convicted a first time of |
13 | | a violation of paragraph (a) of
Section 11-502 of this |
14 | | Code or a similar provision of a local ordinance;
|
15 | | 34. Has committed a violation of Section 11-1301.5 of |
16 | | this Code or a similar provision of a local ordinance;
|
17 | | 35. Has committed a violation of Section 11-1301.6 of |
18 | | this Code or a similar provision of a local ordinance;
|
19 | | 36. Is under the age of 21 years at the time of arrest |
20 | | and has been
convicted of not less than 2 offenses against |
21 | | traffic regulations governing
the movement of vehicles |
22 | | committed within any 24-month period. No revocation
or |
23 | | suspension shall be entered more than 6 months after the |
24 | | date of last
conviction;
|
25 | | 37. Has committed a violation of subsection (c) of |
26 | | Section 11-907 of this
Code that resulted in damage to the |
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1 | | property of another or the death or injury of another;
|
2 | | 38. Has been convicted of a violation of Section 6-20 |
3 | | of the Liquor
Control Act of 1934 or a similar provision of |
4 | | a local ordinance and the person was an occupant of a motor |
5 | | vehicle at the time of the violation;
|
6 | | 39. Has committed a second or subsequent violation of |
7 | | Section
11-1201 of this Code;
|
8 | | 40. Has committed a violation of subsection (a-1) of |
9 | | Section 11-908 of
this Code; |
10 | | 41. Has committed a second or subsequent violation of |
11 | | Section 11-605.1 of this Code, a similar provision of a |
12 | | local ordinance, or a similar violation in any other state |
13 | | within 2 years of the date of the previous violation, in |
14 | | which case the suspension shall be for 90 days; |
15 | | 42. Has committed a violation of subsection (a-1) of |
16 | | Section 11-1301.3 of this Code or a similar provision of a |
17 | | local ordinance;
|
18 | | 43. Has received a disposition of court supervision |
19 | | for a violation of subsection (a), (d), or (e) of Section |
20 | | 6-20 of the Liquor
Control Act of 1934 or a similar |
21 | | provision of a local ordinance and the person was an |
22 | | occupant of a motor vehicle at the time of the violation, |
23 | | in which case the suspension shall be for a period of 3 |
24 | | months;
|
25 | | 44.
Is under the age of 21 years at the time of arrest |
26 | | and has been convicted of an offense against traffic |
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1 | | regulations governing the movement of vehicles after |
2 | | having previously had his or her driving privileges
|
3 | | suspended or revoked pursuant to subparagraph 36 of this |
4 | | Section; |
5 | | 45.
Has, in connection with or during the course of a |
6 | | formal hearing conducted under Section 2-118 of this Code: |
7 | | (i) committed perjury; (ii) submitted fraudulent or |
8 | | falsified documents; (iii) submitted documents that have |
9 | | been materially altered; or (iv) submitted, as his or her |
10 | | own, documents that were in fact prepared or composed for |
11 | | another person; |
12 | | 46. Has committed a violation of subsection (j) of |
13 | | Section 3-413 of this Code;
|
14 | | 47. Has committed a violation of subsection (a) of |
15 | | Section 11-502.1 of this Code; |
16 | | 48. Has submitted a falsified or altered medical |
17 | | examiner's certificate to the Secretary of State or |
18 | | provided false information to obtain a medical examiner's |
19 | | certificate; |
20 | | 49. Has been convicted of a violation of Section |
21 | | 11-1002 or 11-1002.5 that resulted in a Type A injury to |
22 | | another, in which case the driving privileges of the |
23 | | person shall be suspended for 12 months; or |
24 | | 50. Has committed a violation of subsection (b-5) of |
25 | | Section 12-610.2 that resulted in great bodily harm, |
26 | | permanent disability, or disfigurement, in which case the |
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1 | | driving privileges of the person shall be suspended for 12 |
2 | | months. ; or 50 |
3 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
4 | | and 27 of this
subsection, license means any driver's license, |
5 | | any traffic ticket issued when
the person's driver's license |
6 | | is deposited in lieu of bail, a suspension
notice issued by the |
7 | | Secretary of State, a duplicate or corrected driver's
license, |
8 | | a probationary driver's license, or a temporary driver's |
9 | | license. |
10 | | (b) If any conviction forming the basis of a suspension or
|
11 | | revocation authorized under this Section is appealed, the
|
12 | | Secretary of State may rescind or withhold the entry of the |
13 | | order of suspension
or revocation, as the case may be, |
14 | | provided that a certified copy of a stay
order of a court is |
15 | | filed with the Secretary of State. If the conviction is
|
16 | | affirmed on appeal, the date of the conviction shall relate |
17 | | back to the time
the original judgment of conviction was |
18 | | entered and the 6-month limitation
prescribed shall not apply.
|
19 | | (c) 1. Upon suspending or revoking the driver's license or |
20 | | permit of
any person as authorized in this Section, the |
21 | | Secretary of State shall
immediately notify the person in |
22 | | writing of the revocation or suspension.
The notice to be |
23 | | deposited in the United States mail, postage prepaid,
to the |
24 | | last known address of the person.
|
25 | | 2. If the Secretary of State suspends the driver's license
|
26 | | of a person under subsection 2 of paragraph (a) of this |
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1 | | Section, a
person's privilege to operate a vehicle as an |
2 | | occupation shall not be
suspended, provided an affidavit is |
3 | | properly completed, the appropriate fee
received, and a permit |
4 | | issued prior to the effective date of the
suspension, unless 5 |
5 | | offenses were committed, at least 2 of which occurred
while |
6 | | operating a commercial vehicle in connection with the driver's
|
7 | | regular occupation. All other driving privileges shall be |
8 | | suspended by the
Secretary of State. Any driver prior to |
9 | | operating a vehicle for
occupational purposes only must submit |
10 | | the affidavit on forms to be
provided by the Secretary of State |
11 | | setting forth the facts of the person's
occupation. The |
12 | | affidavit shall also state the number of offenses
committed |
13 | | while operating a vehicle in connection with the driver's |
14 | | regular
occupation. The affidavit shall be accompanied by the |
15 | | driver's license.
Upon receipt of a properly completed |
16 | | affidavit, the Secretary of State
shall issue the driver a |
17 | | permit to operate a vehicle in connection with the
driver's |
18 | | regular occupation only. Unless the permit is issued by the
|
19 | | Secretary of State prior to the date of suspension, the |
20 | | privilege to drive
any motor vehicle shall be suspended as set |
21 | | forth in the notice that was
mailed under this Section. If an |
22 | | affidavit is received subsequent to the
effective date of this |
23 | | suspension, a permit may be issued for the remainder
of the |
24 | | suspension period.
|
25 | | The provisions of this subparagraph shall not apply to any |
26 | | driver
required to possess a CDL for the purpose of operating a |
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1 | | commercial motor vehicle.
|
2 | | Any person who falsely states any fact in the affidavit |
3 | | required
herein shall be guilty of perjury under Section 6-302 |
4 | | and upon conviction
thereof shall have all driving privileges |
5 | | revoked without further rights.
|
6 | | 3. At the conclusion of a hearing under Section 2-118 of |
7 | | this Code,
the Secretary of State shall either rescind or |
8 | | continue an order of
revocation or shall substitute an order |
9 | | of suspension; or, good
cause appearing therefor, rescind, |
10 | | continue, change, or extend the
order of suspension. If the |
11 | | Secretary of State does not rescind the order,
the Secretary |
12 | | may upon application,
to relieve undue hardship (as defined by |
13 | | the rules of the Secretary of State), issue
a restricted |
14 | | driving permit granting the privilege of driving a motor
|
15 | | vehicle between the petitioner's residence and petitioner's |
16 | | place of
employment or within the scope of the petitioner's |
17 | | employment-related duties, or to
allow the petitioner to |
18 | | transport himself or herself, or a family member of the
|
19 | | petitioner's household to a medical facility, to receive |
20 | | necessary medical care, to allow the petitioner to transport |
21 | | himself or herself to and from alcohol or drug
remedial or |
22 | | rehabilitative activity recommended by a licensed service |
23 | | provider, or to allow the petitioner to transport himself or |
24 | | herself or a family member of the petitioner's household to |
25 | | classes, as a student, at an accredited educational |
26 | | institution, or to allow the petitioner to transport children, |
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1 | | elderly persons, or persons with disabilities who do not hold |
2 | | driving privileges and are living in the petitioner's |
3 | | household to and from daycare. The
petitioner must demonstrate |
4 | | that no alternative means of
transportation is reasonably |
5 | | available and that the petitioner will not endanger
the public |
6 | | safety or welfare.
|
7 | | (A) If a person's license or permit is revoked or |
8 | | suspended due to 2
or more convictions of violating |
9 | | Section 11-501 of this Code or a similar
provision of a |
10 | | local ordinance or a similar out-of-state offense, or |
11 | | Section 9-3 of the Criminal Code of 1961 or the Criminal |
12 | | Code of 2012, where the use of alcohol or other drugs is |
13 | | recited as an element of the offense, or a similar |
14 | | out-of-state offense, or a combination of these offenses, |
15 | | arising out
of separate occurrences, that person, if |
16 | | issued a restricted driving permit,
may not operate a |
17 | | vehicle unless it has been equipped with an ignition
|
18 | | interlock device as defined in Section 1-129.1.
|
19 | | (B) If a person's license or permit is revoked or |
20 | | suspended 2 or more
times due to any combination of: |
21 | | (i) a single conviction of violating Section
|
22 | | 11-501 of this Code or a similar provision of a local |
23 | | ordinance or a similar
out-of-state offense or Section |
24 | | 9-3 of the Criminal Code of 1961 or the Criminal Code |
25 | | of 2012, where the use of alcohol or other drugs is |
26 | | recited as an element of the offense, or a similar |
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1 | | out-of-state offense; or |
2 | | (ii) a statutory summary suspension or revocation |
3 | | under Section
11-501.1; or |
4 | | (iii) a suspension under Section 6-203.1; |
5 | | arising out of
separate occurrences; that person, if |
6 | | issued a restricted driving permit, may
not operate a |
7 | | vehicle unless it has been
equipped with an ignition |
8 | | interlock device as defined in Section 1-129.1. |
9 | | (B-5) If a person's license or permit is revoked or |
10 | | suspended due to a conviction for a violation of |
11 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
12 | | of Section 11-501 of this Code, or a similar provision of a |
13 | | local ordinance or similar out-of-state offense, that |
14 | | person, if issued a restricted driving permit, may not |
15 | | operate a vehicle unless it has been equipped with an |
16 | | ignition interlock device as defined in Section 1-129.1. |
17 | | (C)
The person issued a permit conditioned upon the |
18 | | use of an ignition interlock device must pay to the |
19 | | Secretary of State DUI Administration Fund an amount
not |
20 | | to exceed $30 per month. The Secretary shall establish by |
21 | | rule the amount
and the procedures, terms, and conditions |
22 | | relating to these fees. |
23 | | (D) If the
restricted driving permit is issued for |
24 | | employment purposes, then the prohibition against |
25 | | operating a motor vehicle that is not equipped with an |
26 | | ignition interlock device does not apply to the operation |
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1 | | of an occupational vehicle owned or
leased by that |
2 | | person's employer when used solely for employment |
3 | | purposes. For any person who, within a 5-year period, is |
4 | | convicted of a second or subsequent offense under Section |
5 | | 11-501 of this Code, or a similar provision of a local |
6 | | ordinance or similar out-of-state offense, this employment |
7 | | exemption does not apply until either a one-year period |
8 | | has elapsed during which that person had his or her |
9 | | driving privileges revoked or a one-year period has |
10 | | elapsed during which that person had a restricted driving |
11 | | permit which required the use of an ignition interlock |
12 | | device on every motor vehicle owned or operated by that |
13 | | person. |
14 | | (E) In each case the Secretary may issue a
restricted |
15 | | driving permit for a period deemed appropriate, except |
16 | | that all
permits shall expire no later than 2 years from |
17 | | the date of issuance. A
restricted driving permit issued |
18 | | under this Section shall be subject to
cancellation, |
19 | | revocation, and suspension by the Secretary of State in |
20 | | like
manner and for like cause as a driver's license |
21 | | issued under this Code may be
cancelled, revoked, or |
22 | | suspended; except that a conviction upon one or more
|
23 | | offenses against laws or ordinances regulating the |
24 | | movement of traffic
shall be deemed sufficient cause for |
25 | | the revocation, suspension, or
cancellation of a |
26 | | restricted driving permit. The Secretary of State may, as
|
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1 | | a condition to the issuance of a restricted driving |
2 | | permit, require the
applicant to participate in a |
3 | | designated driver remedial or rehabilitative
program. The |
4 | | Secretary of State is authorized to cancel a restricted
|
5 | | driving permit if the permit holder does not successfully |
6 | | complete the program.
|
7 | | (F) A person subject to the provisions of paragraph 4 |
8 | | of subsection (b) of Section 6-208 of this Code may make |
9 | | application for a restricted driving permit at a hearing |
10 | | conducted under Section 2-118 of this Code after the |
11 | | expiration of 5 years from the effective date of the most |
12 | | recent revocation or after 5 years from the date of |
13 | | release from a period of imprisonment resulting from a |
14 | | conviction of the most recent offense, whichever is later, |
15 | | provided the person, in addition to all other requirements |
16 | | of the Secretary, shows by clear and convincing evidence: |
17 | | (i) a minimum of 3 years of uninterrupted |
18 | | abstinence from alcohol and the unlawful use or |
19 | | consumption of cannabis under the Cannabis Control |
20 | | Act, a controlled substance under the Illinois |
21 | | Controlled Substances Act, an intoxicating compound |
22 | | under the Use of Intoxicating Compounds Act, or |
23 | | methamphetamine under the Methamphetamine Control and |
24 | | Community Protection Act; and |
25 | | (ii) the successful completion of any |
26 | | rehabilitative treatment and involvement in any |
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1 | | ongoing rehabilitative activity that may be |
2 | | recommended by a properly licensed service provider |
3 | | according to an assessment of the person's alcohol or |
4 | | drug use under Section 11-501.01 of this Code. |
5 | | In determining whether an applicant is eligible for a |
6 | | restricted driving permit under this subparagraph (F), the |
7 | | Secretary may consider any relevant evidence, including, |
8 | | but not limited to, testimony, affidavits, records, and |
9 | | the results of regular alcohol or drug tests. Persons |
10 | | subject to the provisions of paragraph 4 of subsection (b) |
11 | | of Section 6-208 of this Code and who have been convicted |
12 | | of more than one violation of paragraph (3), paragraph |
13 | | (4), or paragraph (5) of subsection (a) of Section 11-501 |
14 | | of this Code shall not be eligible to apply for a |
15 | | restricted driving permit under this subparagraph (F). |
16 | | A restricted driving permit issued under this |
17 | | subparagraph (F) shall provide that the holder may only |
18 | | operate motor vehicles equipped with an ignition interlock |
19 | | device as required under paragraph (2) of subsection (c) |
20 | | of Section 6-205 of this Code and subparagraph (A) of |
21 | | paragraph 3 of subsection (c) of this Section. The |
22 | | Secretary may revoke a restricted driving permit or amend |
23 | | the conditions of a restricted driving permit issued under |
24 | | this subparagraph (F) if the holder operates a vehicle |
25 | | that is not equipped with an ignition interlock device, or |
26 | | for any other reason authorized under this Code. |
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1 | | A restricted driving permit issued under this |
2 | | subparagraph (F) shall be revoked, and the holder barred |
3 | | from applying for or being issued a restricted driving |
4 | | permit in the future, if the holder is convicted of a |
5 | | violation of Section 11-501 of this Code, a similar |
6 | | provision of a local ordinance, or a similar offense in |
7 | | another state. |
8 | | (c-3) In the case of a suspension under paragraph 43 of |
9 | | subsection (a), reports received by the Secretary of State |
10 | | under this Section shall, except during the actual time the |
11 | | suspension is in effect, be privileged information and for use |
12 | | only by the courts, police officers, prosecuting authorities, |
13 | | the driver licensing administrator of any other state, the |
14 | | Secretary of State, or the parent or legal guardian of a driver |
15 | | under the age of 18. However, beginning January 1, 2008, if the |
16 | | person is a CDL holder, the suspension shall also be made |
17 | | available to the driver licensing administrator of any other |
18 | | state, the U.S. Department of Transportation, and the affected |
19 | | driver or motor
carrier or prospective motor carrier upon |
20 | | request.
|
21 | | (c-4) In the case of a suspension under paragraph 43 of |
22 | | subsection (a), the Secretary of State shall notify the person |
23 | | by mail that his or her driving privileges and driver's |
24 | | license will be suspended one month after the date of the |
25 | | mailing of the notice.
|
26 | | (c-5) The Secretary of State may, as a condition of the |
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1 | | reissuance of a
driver's license or permit to an applicant |
2 | | whose driver's license or permit has
been suspended before he |
3 | | or she reached the age of 21 years pursuant to any of
the |
4 | | provisions of this Section, require the applicant to |
5 | | participate in a
driver remedial education course and be |
6 | | retested under Section 6-109 of this
Code.
|
7 | | (d) This Section is subject to the provisions of the |
8 | | Driver License
Compact.
|
9 | | (e) The Secretary of State shall not issue a restricted |
10 | | driving permit to
a person under the age of 16 years whose |
11 | | driving privileges have been suspended
or revoked under any |
12 | | provisions of this Code.
|
13 | | (f) 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 under any provisions of this Code. |
18 | | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; |
19 | | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. |
20 | | 8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
|
21 | | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) |
22 | | Sec. 6-208.1. Period of statutory summary alcohol, other |
23 | | drug,
or intoxicating compound related suspension or |
24 | | revocation. |
25 | | (a) Unless the statutory summary suspension has been |
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1 | | rescinded, any
person whose privilege to drive a motor vehicle |
2 | | on the public highways has
been summarily suspended, pursuant |
3 | | to Section 11-501.1, shall not be
eligible for restoration of |
4 | | the privilege until the expiration of: |
5 | | 1. twelve months from the effective date of the |
6 | | statutory summary suspension
for a refusal or failure to |
7 | | complete a test or tests to determine the alcohol, other |
8 | | drug, or intoxicating compound concentration under
Section |
9 | | 11-501.1, if the person was not involved in a motor |
10 | | vehicle crash accident that caused personal injury or |
11 | | death to another; or |
12 | | 2. six months from the effective date of the statutory |
13 | | summary
suspension imposed following the person's |
14 | | submission to a chemical test
which disclosed an alcohol |
15 | | concentration of 0.08 or more, the presence of cannabis as |
16 | | listed in the Cannabis Control Act with a |
17 | | tetrahydrocannabinol concentration as defined in paragraph |
18 | | 6 of subsection (a) of Section 11-501.2 of this Code, or |
19 | | any
amount
of a
drug, substance, or intoxicating compound |
20 | | in such person's
breath, blood, other bodily substance, or
|
21 | | urine resulting
from the unlawful use or consumption of a |
22 | | controlled substance listed in the Illinois
Controlled
|
23 | | Substances Act, an intoxicating compound listed in the Use |
24 | | of Intoxicating
Compounds Act, or methamphetamine as |
25 | | listed in the Methamphetamine Control and Community |
26 | | Protection Act, pursuant to Section 11-501.1; or |
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1 | | 3. three years from the effective date of the |
2 | | statutory summary suspension
for any person other than a |
3 | | first offender who refuses or fails to
complete a test or |
4 | | tests to determine the alcohol, drug, or
intoxicating
|
5 | | compound concentration
pursuant to Section 11-501.1; or |
6 | | 4. one year from the effective date of the summary |
7 | | suspension imposed
for any person other than a first |
8 | | offender following submission to a
chemical test which |
9 | | disclosed an alcohol concentration of 0.08 or
more
|
10 | | pursuant to Section 11-501.1, the presence of cannabis as |
11 | | listed in the Cannabis Control Act with a |
12 | | tetrahydrocannabinol concentration as defined in paragraph |
13 | | 6 of subsection (a) of Section 11-501.2 of this Code, or |
14 | | any amount of a drug, substance or
compound in such |
15 | | person's blood, other bodily substance, or urine resulting |
16 | | from the unlawful use or
consumption of a
controlled
|
17 | | substance listed in the Illinois Controlled Substances |
18 | | Act, an
intoxicating
compound listed in the Use of |
19 | | Intoxicating Compounds Act, or methamphetamine as listed |
20 | | in the Methamphetamine Control and Community Protection |
21 | | Act; or |
22 | | 5. (Blank). |
23 | | (b) Following a statutory summary suspension of the |
24 | | privilege to drive a
motor vehicle under Section 11-501.1, |
25 | | driving privileges shall be
restored unless the person is |
26 | | otherwise suspended, revoked, or cancelled by this Code. If
|
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1 | | the court has reason to believe that the person's
driving |
2 | | privilege should not be restored, the court shall notify
the |
3 | | Secretary of State prior to the expiration of the statutory |
4 | | summary
suspension so appropriate action may be taken pursuant |
5 | | to this Code. |
6 | | (c) Driving privileges may not be restored until all |
7 | | applicable
reinstatement fees, as provided by this Code, have |
8 | | been paid to the Secretary
of State and the appropriate entry |
9 | | made to the driver's record. |
10 | | (d) Where a driving privilege has been summarily suspended |
11 | | or revoked under Section
11-501.1 and the person is |
12 | | subsequently convicted of violating Section
11-501, or a |
13 | | similar provision of a local ordinance, for the same incident,
|
14 | | any period served on statutory summary suspension or |
15 | | revocation shall be credited toward
the minimum period of |
16 | | revocation of driving privileges imposed pursuant to
Section |
17 | | 6-205. |
18 | | (e) A first offender who refused chemical testing and |
19 | | whose driving privileges were summarily revoked pursuant to |
20 | | Section 11-501.1 shall not be eligible for a monitoring device |
21 | | driving permit, but may make application for reinstatement or |
22 | | for a restricted driving permit after a period of one year has |
23 | | elapsed from the effective date of the revocation. |
24 | | (f) (Blank). |
25 | | (g) (Blank). |
26 | | (h) (Blank). |
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1 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1015, eff. 8-22-14; |
2 | | 98-1172, eff. 1-12-15; 99-467, eff. 1-1-16; 99-697, eff. |
3 | | 7-29-16.)
|
4 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
|
5 | | Sec. 6-303. Driving while driver's license, permit, or |
6 | | privilege to
operate a motor vehicle is suspended or revoked.
|
7 | | (a) Except as otherwise provided in subsection (a-5) or |
8 | | (a-7), any person who drives or is in actual physical control |
9 | | of a motor
vehicle on any highway of this State at a time when |
10 | | such person's driver's
license, permit, or privilege to do so |
11 | | or the privilege to obtain a driver's
license or permit is |
12 | | revoked or suspended as provided by this Code or the law
of |
13 | | another state, except as may be specifically allowed by a |
14 | | judicial driving
permit issued prior to January 1, 2009, |
15 | | monitoring device driving permit, family financial |
16 | | responsibility driving permit, probationary
license to drive, |
17 | | or a restricted driving permit issued pursuant to this Code
or |
18 | | under the law of another state, shall be guilty of a Class A |
19 | | misdemeanor.
|
20 | | (a-3) A second or subsequent violation of subsection (a) |
21 | | of this Section is a Class 4 felony if committed by a person |
22 | | whose driving or operation of a motor vehicle is the proximate |
23 | | cause of a motor vehicle crash accident that causes personal |
24 | | injury or death to another. For purposes of this subsection, a |
25 | | personal injury includes any Type A injury as indicated on the |
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1 | | traffic crash accident report completed by a law enforcement |
2 | | officer that requires immediate professional attention in |
3 | | either a doctor's office or a medical facility. A Type A injury |
4 | | includes severe bleeding wounds, distorted extremities, and |
5 | | injuries that require the injured party to be carried from the |
6 | | scene. |
7 | | (a-5) Any person who violates this Section as provided in |
8 | | subsection (a) while his or her driver's license, permit, or |
9 | | privilege is revoked because of a violation of Section 9-3 of |
10 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
11 | | relating to the offense of reckless homicide, or a violation |
12 | | of subparagraph (F) of paragraph (1) of subsection (d) of |
13 | | Section 11-501 of this Code, relating to the offense of |
14 | | aggravated driving under the influence of alcohol, other drug |
15 | | or drugs, or intoxicating compound or compounds, or any |
16 | | combination thereof when the violation was a proximate cause |
17 | | of a death, or a similar provision of a law of another state, |
18 | | is guilty of a Class 4 felony. The person shall be required to |
19 | | undergo a professional evaluation, as provided in Section |
20 | | 11-501 of this Code, to determine if an alcohol, drug, or |
21 | | intoxicating compound problem exists and the extent of the |
22 | | problem, and to undergo the imposition of treatment as |
23 | | appropriate.
|
24 | | (a-7) Any person who violates this Section as provided in |
25 | | subsection (a) while his or her driver's license or privilege |
26 | | to drive is suspended under Section 6-306.5 or 7-702 of this |
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1 | | Code shall receive a Uniform Traffic Citation from the law |
2 | | enforcement officer. A person who receives 3 or more Uniform |
3 | | Traffic Citations under this subsection (a-7) without paying |
4 | | any fees associated with the citations shall be guilty of a |
5 | | Class A misdemeanor. |
6 | | (a-10) A person's driver's license, permit, or privilege |
7 | | to obtain a driver's license or permit may be subject to |
8 | | multiple revocations, multiple suspensions, or any combination |
9 | | of both simultaneously. No revocation or suspension shall |
10 | | serve to negate, invalidate, cancel, postpone, or in any way |
11 | | lessen the effect of any other revocation or suspension |
12 | | entered prior or subsequent to any other revocation or |
13 | | suspension. |
14 | | (b) (Blank). |
15 | | (b-1) Except for a person under subsection (a-7) of this |
16 | | Section, upon receiving a report of the conviction of any |
17 | | violation indicating a person was operating a motor vehicle |
18 | | during the time when the person's driver's license, permit, or |
19 | | privilege was suspended by the Secretary of State or the |
20 | | driver's licensing administrator of another state, except as |
21 | | specifically allowed by a probationary license, judicial |
22 | | driving permit, restricted driving permit, or monitoring |
23 | | device driving permit, the Secretary shall extend the |
24 | | suspension for the same period of time as the originally |
25 | | imposed suspension unless the suspension has already expired, |
26 | | in which case the Secretary shall be authorized to suspend the |
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1 | | person's driving privileges for the same period of time as the |
2 | | originally imposed suspension. |
3 | | (b-2) Except as provided in subsection (b-6) or (a-7), |
4 | | upon receiving a report of the conviction of any violation |
5 | | indicating a person was operating a motor vehicle when the |
6 | | person's driver's license, permit, or privilege was revoked by |
7 | | the Secretary of State or the driver's license administrator |
8 | | of any other state, except as specifically allowed by a |
9 | | restricted driving permit issued pursuant to this Code or the |
10 | | law of another state, the Secretary shall not issue a driver's |
11 | | license for an additional period of one year from the date of |
12 | | such conviction indicating such person was operating a vehicle |
13 | | during such period of revocation. |
14 | | (b-3) (Blank).
|
15 | | (b-4) When the Secretary of State receives a report of a |
16 | | conviction of any violation indicating a person was operating |
17 | | a motor vehicle that was not equipped with an ignition |
18 | | interlock device during a time when the person was prohibited |
19 | | from operating a motor vehicle not equipped with such a |
20 | | device, the Secretary shall not issue a driver's license to |
21 | | that person for an additional period of one year from the date |
22 | | of the conviction.
|
23 | | (b-5) Any person convicted of violating this Section shall |
24 | | serve a minimum
term of imprisonment of 30 consecutive days or |
25 | | 300
hours of community service
when the person's driving |
26 | | privilege was revoked or suspended as a result of a violation |
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1 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
2 | | Code of 2012,
relating to the offense of reckless homicide, or |
3 | | a violation of subparagraph (F) of paragraph (1) of subsection |
4 | | (d) of Section 11-501 of this Code, relating to the offense of |
5 | | aggravated driving under the influence of alcohol, other drug |
6 | | or drugs, or intoxicating compound or compounds, or any |
7 | | combination thereof when the violation was a proximate cause |
8 | | of a death, or a similar provision of a law of another state.
|
9 | | The court may give credit toward the fulfillment of community |
10 | | service hours for participation in activities and treatment as |
11 | | determined by court services. |
12 | | (b-6) Upon receiving a report of a first conviction of |
13 | | operating a motor vehicle while the person's driver's license, |
14 | | permit, or privilege was revoked where the revocation was for |
15 | | a violation of Section 9-3 of the Criminal Code of 1961 or the |
16 | | Criminal Code of 2012 relating to the offense of reckless |
17 | | homicide, or a violation of subparagraph (F) of paragraph (1) |
18 | | of subsection (d) of Section 11-501 of this Code, relating to |
19 | | the offense of aggravated driving under the influence of |
20 | | alcohol, other drug or drugs, or intoxicating compound or |
21 | | compounds, or any combination thereof when the violation was a |
22 | | proximate cause of a death, or a similar out-of-state offense, |
23 | | the Secretary shall not issue a driver's license for an |
24 | | additional period of 3 years from the date of such conviction. |
25 | | (c) Except as provided in subsections (c-3) and (c-4), any |
26 | | person convicted of violating this Section shall serve a |
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1 | | minimum
term of imprisonment of 10 consecutive days or 30
days |
2 | | of community service
when the person's driving privilege was |
3 | | revoked or suspended as a result of:
|
4 | | (1) a violation of Section 11-501 of this Code or a |
5 | | similar provision
of a local ordinance relating to the |
6 | | offense of operating or being in physical
control of a |
7 | | vehicle while under the influence of alcohol, any other |
8 | | drug
or any combination thereof; or
|
9 | | (2) a violation of paragraph (b) of Section 11-401 of |
10 | | this Code or a
similar provision of a local ordinance |
11 | | relating to the offense of leaving the
scene of a motor |
12 | | vehicle crash accident involving personal injury or death; |
13 | | or
|
14 | | (3)
a statutory summary suspension or revocation under |
15 | | Section 11-501.1 of this
Code.
|
16 | | Such sentence of imprisonment or community service shall |
17 | | not be subject
to suspension in order to reduce such sentence.
|
18 | | (c-1) Except as provided in subsections (a-7), (c-5), and |
19 | | (d), any person convicted of a
second violation of this |
20 | | Section shall be ordered by the court to serve a
minimum
of 100 |
21 | | hours of community service. The court may give credit toward |
22 | | the fulfillment of community service hours for participation |
23 | | in activities and treatment as determined by court services.
|
24 | | (c-2) In addition to other penalties imposed under this |
25 | | Section, the
court may impose on any person convicted a fourth |
26 | | time of violating this
Section any of
the following:
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1 | | (1) Seizure of the license plates of the person's |
2 | | vehicle.
|
3 | | (2) Immobilization of the person's vehicle for a |
4 | | period of time
to be determined by the court.
|
5 | | (c-3) Any person convicted of a violation of this Section |
6 | | during a period of summary suspension imposed pursuant to |
7 | | Section 11-501.1 when the person was eligible for a monitoring |
8 | | device driving permit shall be guilty of a Class 4 felony and |
9 | | shall serve a minimum term of imprisonment of 30 days. |
10 | | (c-4) Any person who has been issued a monitoring device |
11 | | driving permit or a restricted driving permit which requires |
12 | | the person to operate only motor vehicles equipped with an |
13 | | ignition interlock device and who is convicted of a violation |
14 | | of this Section as a result of operating or being in actual |
15 | | physical control of a motor vehicle not equipped with an |
16 | | ignition interlock device at the time of the offense shall be |
17 | | guilty of a Class 4 felony and shall serve a minimum term of |
18 | | imprisonment of 30 days.
|
19 | | (c-5) Any person convicted of a second violation of this
|
20 | | Section is guilty of a Class 2 felony, is not eligible for |
21 | | probation or conditional discharge, and shall serve a |
22 | | mandatory term of
imprisonment, if: |
23 | | (1) the current violation occurred when the person's |
24 | | driver's license was suspended or revoked for a violation |
25 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
26 | | Code of 2012, relating
to the offense of reckless |
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1 | | homicide, or a violation of subparagraph (F) of paragraph |
2 | | (1) of subsection (d) of Section 11-501 of this Code, |
3 | | relating to the offense of aggravated driving under the |
4 | | influence of alcohol, other drug or drugs, or intoxicating |
5 | | compound or compounds, or any combination thereof when the |
6 | | violation was a proximate cause of a death, or a similar |
7 | | out-of-state offense; and |
8 | | (2) the prior conviction under this Section occurred |
9 | | while the person's driver's license was suspended or |
10 | | revoked for a violation of Section 9-3 of the Criminal |
11 | | Code of 1961 or the Criminal Code of 2012 relating to the |
12 | | offense of reckless homicide, or a violation of |
13 | | subparagraph (F) of paragraph (1) of subsection (d) of |
14 | | Section 11-501 of this Code, relating to the offense of |
15 | | aggravated driving under the influence of alcohol, other |
16 | | drug or drugs, or intoxicating compound or compounds, or |
17 | | any combination thereof when the violation was a proximate |
18 | | cause of a death, or a similar out-of-state offense, or |
19 | | was suspended or revoked for a violation of Section 11-401 |
20 | | or 11-501 of this Code, a similar out-of-state offense, a |
21 | | similar provision of a local ordinance, or a statutory |
22 | | summary suspension or revocation under Section 11-501.1 of |
23 | | this Code.
|
24 | | (d) Any person convicted of a second violation of this
|
25 | | Section shall be guilty of a Class 4 felony and shall serve a |
26 | | minimum term of
imprisonment of 30 days or 300 hours of |
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1 | | community service, as determined by the
court, if: |
2 | | (1) the current violation occurred when the person's |
3 | | driver's license was suspended or revoked for a violation |
4 | | of Section 11-401 or 11-501 of this Code,
a similar |
5 | | out-of-state offense, a similar provision of a local
|
6 | | ordinance, or a
statutory summary suspension or revocation |
7 | | under Section 11-501.1 of this Code; and |
8 | | (2) the prior conviction under this Section occurred |
9 | | while the person's driver's license was suspended or |
10 | | revoked for a violation of Section 11-401 or 11-501 of |
11 | | this Code, a similar out-of-state offense, a similar |
12 | | provision of a local ordinance, or a statutory summary |
13 | | suspension or revocation under Section 11-501.1 of this |
14 | | Code, or for a violation of Section 9-3 of the Criminal |
15 | | Code of 1961 or the Criminal Code of 2012, relating to the |
16 | | offense of reckless homicide, or a violation of |
17 | | subparagraph (F) of paragraph (1) of subsection (d) of |
18 | | Section 11-501 of this Code, relating to the offense of |
19 | | aggravated driving under the influence of alcohol, other |
20 | | drug or drugs, or intoxicating compound or compounds, or |
21 | | any combination thereof when the violation was a proximate |
22 | | cause of a death, or a similar out-of-state offense.
|
23 | | The court may give credit toward the fulfillment of |
24 | | community service hours for participation in activities and |
25 | | treatment as determined by court services. |
26 | | (d-1) Except as provided in subsections (a-7), (d-2), |
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1 | | (d-2.5), and (d-3), any
person convicted of
a third or |
2 | | subsequent violation of this Section shall serve a minimum |
3 | | term of
imprisonment of 30 days or 300 hours of community |
4 | | service, as determined by the
court. The court may give credit |
5 | | toward the fulfillment of community service hours for |
6 | | participation in activities and treatment as determined by |
7 | | court services.
|
8 | | (d-2) Any person convicted of a third violation of this
|
9 | | Section is guilty of a Class 4 felony and must serve a minimum |
10 | | term of
imprisonment of 30 days, if: |
11 | | (1) the current violation occurred when the person's |
12 | | driver's license was suspended or revoked for a violation |
13 | | of Section 11-401 or 11-501 of this Code,
or a similar |
14 | | out-of-state offense, or a similar provision of a local
|
15 | | ordinance, or a
statutory summary suspension or revocation |
16 | | under Section 11-501.1 of this Code; and |
17 | | (2) the prior convictions under this Section occurred |
18 | | while the person's driver's license was suspended or |
19 | | revoked for a violation of Section 11-401 or 11-501 of |
20 | | this Code, a similar out-of-state offense, a similar |
21 | | provision of a local ordinance, or a statutory summary |
22 | | suspension or revocation under Section 11-501.1 of this |
23 | | Code, or for a violation of Section 9-3 of the Criminal |
24 | | Code of 1961 or the Criminal Code of 2012, relating to the |
25 | | offense of reckless homicide, or a violation of |
26 | | subparagraph (F) of paragraph (1) of subsection (d) of |
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1 | | Section 11-501 of this Code, relating to the offense of |
2 | | aggravated driving under the influence of alcohol, other |
3 | | drug or drugs, or intoxicating compound or compounds, or |
4 | | any combination thereof when the violation was a proximate |
5 | | cause of a death, or a similar out-of-state offense.
|
6 | | (d-2.5) Any person convicted of a third violation of this
|
7 | | Section is guilty of a Class 1 felony, is not eligible for |
8 | | probation or conditional discharge, and must serve a mandatory |
9 | | term of
imprisonment, if: |
10 | | (1) the current violation occurred while the person's |
11 | | driver's license was suspended or revoked for a violation |
12 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
13 | | Code of 2012, relating to the offense of reckless |
14 | | homicide, or a violation of subparagraph (F) of paragraph |
15 | | (1) of subsection (d) of Section 11-501 of this Code, |
16 | | relating to the offense of aggravated driving under the |
17 | | influence of alcohol, other drug or drugs, or intoxicating |
18 | | compound or compounds, or any combination thereof when the |
19 | | violation was a proximate cause of a death, or a similar |
20 | | out-of-state offense.
The person's driving privileges |
21 | | shall be revoked for the remainder of the person's life; |
22 | | and |
23 | | (2) the prior convictions under this Section occurred |
24 | | while the person's driver's license was suspended or |
25 | | revoked for a violation of Section 9-3 of the Criminal |
26 | | Code of 1961 or the Criminal Code of 2012, relating to the |
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1 | | offense of reckless homicide, or a violation of |
2 | | subparagraph (F) of paragraph (1) of subsection (d) of |
3 | | Section 11-501 of this Code, relating to the offense of |
4 | | aggravated driving under the influence of alcohol, other |
5 | | drug or drugs, or intoxicating compound or compounds, or |
6 | | any combination thereof when the violation was a proximate |
7 | | cause of a death, or a similar out-of-state offense, or |
8 | | was suspended or revoked for a violation of Section 11-401 |
9 | | or 11-501 of this Code, a similar out-of-state offense, a |
10 | | similar provision of a local ordinance, or a statutory |
11 | | summary suspension or revocation under Section 11-501.1 of |
12 | | this Code. |
13 | | (d-3) Any person convicted of a fourth, fifth, sixth, |
14 | | seventh, eighth, or ninth violation of this
Section is guilty |
15 | | of a Class 4 felony and must serve a minimum term of
|
16 | | imprisonment of 180 days, if: |
17 | | (1) the current violation occurred when the person's |
18 | | driver's license was suspended or revoked for a
violation |
19 | | of Section 11-401 or 11-501 of this Code, a similar |
20 | | out-of-state
offense, a similar provision of a local |
21 | | ordinance, or a statutory
summary suspension or revocation |
22 | | under Section 11-501.1 of this Code; and |
23 | | (2) the prior convictions under this Section occurred |
24 | | while the person's driver's license was suspended or |
25 | | revoked for a violation of Section 11-401 or 11-501 of |
26 | | this Code, a similar out-of-state offense, a similar |
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1 | | provision of a local ordinance, or a statutory summary |
2 | | suspension or revocation under Section 11-501.1 of this |
3 | | Code, or for a violation of Section 9-3 of the Criminal |
4 | | Code of 1961 or the Criminal Code of 2012, relating to the |
5 | | offense of reckless homicide, or a violation of |
6 | | subparagraph (F) of paragraph (1) of subsection (d) of |
7 | | Section 11-501 of this Code, relating to the offense of |
8 | | aggravated driving under the influence of alcohol, other |
9 | | drug or drugs, or intoxicating compound or compounds, or |
10 | | any combination thereof when the violation was a proximate |
11 | | cause of a death, or a similar out-of-state offense.
|
12 | | (d-3.5) Any person convicted of a fourth or subsequent |
13 | | violation of this
Section is guilty of a Class 1 felony, is not |
14 | | eligible for probation or conditional discharge, must serve a |
15 | | mandatory term of
imprisonment, and is eligible for an |
16 | | extended term, if: |
17 | | (1) the current violation occurred when the person's |
18 | | driver's license was suspended or revoked for 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 |
21 | | homicide, or a violation of subparagraph (F) of paragraph |
22 | | (1) of subsection (d) of Section 11-501 of this Code, |
23 | | relating to the offense of aggravated driving under the |
24 | | influence of alcohol, other drug or drugs, or intoxicating |
25 | | compound or compounds, or any combination thereof when the |
26 | | violation was a proximate cause of a death, or a similar |
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1 | | out-of-state offense; and |
2 | | (2) the prior convictions under this Section occurred |
3 | | while the person's driver's license was suspended or |
4 | | revoked 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 violation of |
7 | | subparagraph (F) of paragraph (1) of subsection (d) of |
8 | | Section 11-501 of this Code, relating to the offense of |
9 | | aggravated driving under the influence of alcohol, other |
10 | | drug or drugs, or intoxicating compound or compounds, or |
11 | | any combination thereof when the violation was a proximate |
12 | | cause of a death, or a similar out-of-state offense, or |
13 | | was suspended or revoked for a violation of Section 11-401 |
14 | | or 11-501 of this Code, a similar out-of-state offense, a |
15 | | similar provision of a local ordinance, or a statutory |
16 | | summary suspension or revocation under Section 11-501.1 of |
17 | | this Code.
|
18 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, |
19 | | thirteenth, or fourteenth violation of this Section is guilty |
20 | | of a Class 3 felony, and is not eligible for probation or |
21 | | conditional discharge, if: |
22 | | (1) the current violation occurred when the person's |
23 | | driver's license was suspended or revoked for a violation |
24 | | of Section 11-401 or 11-501 of this Code, or a similar |
25 | | out-of-state offense, or a similar provision of a local |
26 | | ordinance, or a statutory summary suspension or revocation |
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1 | | under Section 11-501.1 of this Code; and |
2 | | (2) the prior convictions under this Section occurred |
3 | | while the person's driver's license was suspended or |
4 | | revoked for a violation of Section 11-401 or 11-501 of |
5 | | this Code, a similar out-of-state offense, a similar |
6 | | provision of a local ordinance, or a statutory suspension |
7 | | or revocation under Section 11-501.1 of this Code, or for |
8 | | a violation of Section 9-3 of the Criminal Code of 1961 or |
9 | | the Criminal Code of 2012, relating to the offense of |
10 | | reckless homicide, or a violation of subparagraph (F) of |
11 | | paragraph (1) of subsection (d) of Section 11-501 of this |
12 | | Code, relating to the offense of aggravated driving under |
13 | | the influence of alcohol, other drug or drugs, or |
14 | | intoxicating compound or compounds, or any combination |
15 | | thereof when the violation was a proximate cause of a |
16 | | death, or a similar out-of-state offense. |
17 | | (d-5) Any person convicted of a fifteenth or subsequent |
18 | | violation of this Section is guilty of a Class 2 felony, and is |
19 | | not eligible for probation or conditional discharge, 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, or a similar |
23 | | out-of-state offense, or 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 convictions under this Section occurred |
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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 | | (e) Any person in violation of this Section who is also in |
16 | | violation of
Section 7-601 of this Code relating to mandatory |
17 | | insurance requirements, in
addition to other penalties imposed |
18 | | under this Section, shall have his or her
motor vehicle |
19 | | immediately impounded by the arresting law enforcement |
20 | | officer.
The motor vehicle may be released to any licensed |
21 | | driver upon a showing of
proof of insurance for the vehicle |
22 | | that was impounded and the notarized written
consent for the |
23 | | release by the vehicle owner.
|
24 | | (f) For any prosecution under this Section, a certified |
25 | | copy of the
driving abstract of the defendant shall be |
26 | | admitted as proof of any prior
conviction.
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1 | | (g) The motor vehicle used in a violation of this Section |
2 | | is subject
to seizure and forfeiture as provided in Sections |
3 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's |
4 | | driving privilege was revoked
or suspended as a result of: |
5 | | (1) a violation of Section 11-501 of this Code, a |
6 | | similar provision
of a local ordinance, or a similar |
7 | | provision of a law of another state; |
8 | | (2) a violation of paragraph (b) of Section 11-401 of |
9 | | this Code, a
similar provision of a local ordinance, or a |
10 | | similar provision of a law of another state; |
11 | | (3) a statutory summary suspension or revocation under |
12 | | Section 11-501.1 of this
Code or a similar provision of a |
13 | | law of another state; or |
14 | | (4) a violation of Section 9-3 of the Criminal Code of |
15 | | 1961 or the Criminal Code of 2012 relating to the offense |
16 | | of reckless homicide, or a violation of subparagraph (F) |
17 | | of paragraph (1) of subsection (d) of Section 11-501 of |
18 | | this Code, relating to the offense of aggravated driving |
19 | | under the influence of alcohol, other drug or drugs, or |
20 | | intoxicating compound or compounds, or any combination |
21 | | thereof when the violation was a proximate cause of a |
22 | | death, or a similar provision of a law of another state.
|
23 | | (Source: P.A. 100-149, eff. 1-1-18; 100-575, eff. 1-8-18; |
24 | | 100-1004, eff. 1-1-19; 101-81, eff. 7-12-19.)
|
25 | | (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
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1 | | Sec. 6-402. Qualifications of driver training schools. In |
2 | | order to
qualify for a license to operate a driver training |
3 | | school, each applicant must:
|
4 | | (a) be of good moral character;
|
5 | | (b) be at least 21 years of age;
|
6 | | (c) maintain an established place of business open to |
7 | | the public which
meets the requirements of Section 6-403 |
8 | | through 6-407;
|
9 | | (d) maintain bodily injury and property damage |
10 | | liability insurance on
motor vehicles while used in |
11 | | driving instruction, insuring the liability of
the driving |
12 | | school, the driving instructors and any person taking
|
13 | | instruction in at least the following amounts: $50,000 for |
14 | | bodily injury to
or death of one person in any one crash |
15 | | accident and, subject to said limit for
one person, |
16 | | $100,000 for bodily injury to or death of 2 or more persons |
17 | | in
any one crash accident and the amount of $10,000 for |
18 | | damage to property of others
in any one crash accident . |
19 | | Evidence of such insurance coverage in the form of a
|
20 | | certificate from the insurance carrier shall be filed with |
21 | | the Secretary of
State, and such certificate shall |
22 | | stipulate that the insurance shall not be
cancelled except |
23 | | upon 10 days prior written notice to the Secretary of
|
24 | | State. The decal showing evidence of insurance shall be |
25 | | affixed to the
windshield of the vehicle;
|
26 | | (e) provide a continuous surety company bond in the |
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1 | | principal sum of
$10,000 for a non-accredited school, |
2 | | $40,000 for a CDL or teenage accredited school, $60,000 |
3 | | for a CDL accredited and teenage accredited school, |
4 | | $50,000 for a CDL or teenage accredited school with 3 or |
5 | | more licensed branches, $70,000 for a CDL accredited and |
6 | | teenage accredited school with 3 or more licensed branches |
7 | | for the protection of the contractual rights of
students |
8 | | in such
form as will meet with the approval of the |
9 | | Secretary of State and written
by a company authorized to |
10 | | do business in this State. However, the
aggregate |
11 | | liability of the surety for all breaches of the condition |
12 | | of the
bond in no event shall exceed the principal sum of |
13 | | $10,000 for a non-accredited school, $40,000 for a CDL or |
14 | | teenage accredited school, $60,000 for a CDL accredited |
15 | | and teenage accredited school, $50,000 for a CDL or |
16 | | teenage accredited school with 3 or more licensed |
17 | | branches, $70,000 for a CDL accredited and teenage |
18 | | accredited school with 3 or more licensed branches. The
|
19 | | surety on
any such bond may cancel such bond on giving 30 |
20 | | days notice thereof in
writing to the Secretary of State |
21 | | and shall be relieved of liability for
any breach of any |
22 | | conditions of the bond which occurs after the effective
|
23 | | date of cancellation;
|
24 | | (f) have the equipment necessary to the giving of |
25 | | proper instruction in
the operation of motor vehicles;
|
26 | | (g) have and use a business telephone listing for all |
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1 | | business
purposes;
|
2 | | (h) pay to the Secretary of State an application fee |
3 | | of
$500 and $50 for each branch application; and
|
4 | | (i) authorize an investigation to include a |
5 | | fingerprint based background
check
to determine if the |
6 | | applicant has ever been convicted of a crime and if so, the
|
7 | | disposition of those convictions. The authorization shall |
8 | | indicate the scope
of
the inquiry and the agencies that |
9 | | may be contacted. Upon this authorization,
the
Secretary |
10 | | of State may request and receive information and |
11 | | assistance from any
federal, State, or local governmental |
12 | | agency as part of the authorized
investigation. Each |
13 | | applicant shall have his or her fingerprints submitted to
|
14 | | the Illinois State Police in the form and manner |
15 | | prescribed by the
Illinois State Police. The fingerprints |
16 | | shall be checked against the
Illinois State Police and |
17 | | Federal Bureau of Investigation criminal history
record |
18 | | information databases. The Illinois State Police shall |
19 | | charge a fee for conducting the criminal history records |
20 | | check,
which shall be deposited in the State Police |
21 | | Services Fund and shall not exceed
the actual cost of the |
22 | | records check. The applicant shall be required to pay
all
|
23 | | related fingerprint fees including, but not limited to, |
24 | | the amounts established
by the Illinois State Police and |
25 | | the Federal Bureau of Investigation to
process fingerprint |
26 | | based criminal background investigations. The Illinois |
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1 | | State Police shall provide information concerning any |
2 | | criminal convictions and
disposition of criminal |
3 | | convictions brought against the applicant upon request
of |
4 | | the Secretary
of State provided that the request is made |
5 | | in the form and manner required by
the Illinois
State |
6 | | Police. Unless otherwise prohibited by law, the
|
7 | | information derived from the investigation including the |
8 | | source of the
information and any conclusions or |
9 | | recommendations derived from the
information by the |
10 | | Secretary of State shall be provided to the applicant, or
|
11 | | his
designee, upon request to the Secretary of State, |
12 | | prior to any final action by
the Secretary of State on the |
13 | | application. Any criminal convictions and
disposition |
14 | | information obtained by the Secretary of State shall be
|
15 | | confidential
and may not be transmitted outside the Office |
16 | | of the Secretary of State, except
as required herein, and |
17 | | may not be transmitted to anyone within the Office of
the |
18 | | Secretary of State except as needed for the purpose of |
19 | | evaluating the
applicant. At any administrative hearing |
20 | | held under Section 2-118 of this Code relating to the |
21 | | denial, cancellation, suspension, or revocation of a |
22 | | driver training school license, the Secretary of State is |
23 | | authorized to utilize at that hearing any criminal |
24 | | histories, criminal convictions, and disposition |
25 | | information obtained under this Section. The information |
26 | | obtained from the investigation may be maintained
by the |
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1 | | Secretary of State or any agency to which the information |
2 | | was
transmitted.
Only information and standards, which |
3 | | bear a reasonable and rational relation
to
the performance |
4 | | of a driver training school owner, shall be used by the
|
5 | | Secretary of State. Any employee of the Secretary of State |
6 | | who gives or causes
to be given away any confidential |
7 | | information concerning any criminal charges
or disposition |
8 | | of criminal charges of an applicant shall be guilty of a |
9 | | Class A
misdemeanor,
unless release of the information is |
10 | | authorized by this Section.
|
11 | | No license shall be issued under this Section to a person |
12 | | who is a
spouse, offspring, sibling, parent, grandparent, |
13 | | grandchild, uncle or aunt,
nephew or niece, cousin, or in-law |
14 | | of the person whose license to do
business at that location has |
15 | | been revoked or denied or to a person who was
an officer or |
16 | | employee of a business firm that has had its license revoked
or |
17 | | denied, unless the Secretary of State is satisfied the |
18 | | application was
submitted in good faith and not for the |
19 | | purpose or effect of defeating the
intent of this Code.
|
20 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
21 | | (625 ILCS 5/6-420) (from Ch. 95 1/2, par. 6-420)
|
22 | | Sec. 6-420. Denial, Cancellation, Suspension, Revocation |
23 | | and Failure to
Renew License. The Secretary may deny, cancel, |
24 | | suspend or revoke, or refuse
to renew any driver training |
25 | | school license or any driver training instructor
license:
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1 | | (1) When the Secretary is satisfied that the licensee |
2 | | fails to meet the
requirements to receive or hold a |
3 | | license under this Code;
|
4 | | (2) Whenever the licensee fails to keep the records |
5 | | required by this
Code;
|
6 | | (3) Whenever the licensee permits fraud or engages in |
7 | | fraudulent
practices either with reference to a student or |
8 | | the Secretary, or induces
or countenances fraud or |
9 | | fraudulent practices on the part of any applicant
for a |
10 | | driver's license or permit;
|
11 | | (4) Whenever the licensee fails to comply with any |
12 | | provision of this Code
or any rule of the Secretary made |
13 | | pursuant thereto;
|
14 | | (5) Whenever the licensee represents himself as an |
15 | | agent or employee of
the Secretary or uses advertising |
16 | | designed to lead or which would
reasonably have the effect |
17 | | of leading persons to believe that such licensee
is in |
18 | | fact an employee or representative of the Secretary;
|
19 | | (6) Whenever the licensee or any employee or agent of |
20 | | the licensee
solicits driver training or instruction in an |
21 | | office of any department of
the Secretary of State having |
22 | | to do with the administration of any law
relating to motor |
23 | | vehicles, or within 1,500 feet of any such office;
|
24 | | (7) Whenever the licensee is convicted of driving |
25 | | while
under the influence of alcohol, other drugs, or a |
26 | | combination thereof;
leaving the scene of a crash an |
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1 | | accident ; reckless homicide or reckless driving; or
|
2 | | (8) Whenever a driver training school advertises that |
3 | | a driver's license
is guaranteed upon completion of the |
4 | | course of instruction.
|
5 | | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
6 | | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
|
7 | | (Text of Section before amendment by P.A. 101-652 )
|
8 | | Sec. 6-500. Definitions of words and phrases. |
9 | | Notwithstanding the
definitions set forth elsewhere in this
|
10 | | Code, for purposes of the Uniform Commercial Driver's License |
11 | | Act
(UCDLA), the words and phrases listed below have the |
12 | | meanings
ascribed to them as follows:
|
13 | | (1) Alcohol. "Alcohol" means any substance containing any |
14 | | form of
alcohol, including but not limited to ethanol,
|
15 | | methanol,
propanol, and
isopropanol.
|
16 | | (2) Alcohol concentration. "Alcohol concentration" means:
|
17 | | (A) the number of grams of alcohol per 210 liters of |
18 | | breath;
or
|
19 | | (B) the number of grams of alcohol per 100 milliliters |
20 | | of
blood; or
|
21 | | (C) the number of grams of alcohol per 67 milliliters |
22 | | of
urine.
|
23 | | Alcohol tests administered within 2 hours of the driver |
24 | | being
"stopped or detained" shall be considered that driver's |
25 | | "alcohol
concentration" for the purposes of enforcing this |
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1 | | UCDLA.
|
2 | | (3) (Blank).
|
3 | | (4) (Blank).
|
4 | | (5) (Blank).
|
5 | | (5.3) CDLIS driver record. "CDLIS driver record" means the |
6 | | electronic record of the individual CDL driver's status and |
7 | | history stored by the State-of-Record as part of the |
8 | | Commercial Driver's License Information System, or CDLIS, |
9 | | established under 49 U.S.C. 31309. |
10 | | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle |
11 | | record" or "CDLIS MVR" means a report generated from the CDLIS |
12 | | driver record meeting the requirements for access to CDLIS |
13 | | information and provided by states to users authorized in 49 |
14 | | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the |
15 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. |
16 | | (5.7) Commercial driver's license downgrade. "Commercial |
17 | | driver's license downgrade" or "CDL downgrade" means either: |
18 | | (A) a state allows the driver to change his or her |
19 | | self-certification to interstate, but operating |
20 | | exclusively in transportation or operation excepted from |
21 | | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), |
22 | | 391.2, 391.68, or 398.3; |
23 | | (B) a state allows the driver to change his or her |
24 | | self-certification to intrastate only, if the driver |
25 | | qualifies under that state's physical qualification |
26 | | requirements for intrastate only; |
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1 | | (C) a state allows the driver to change his or her |
2 | | certification to intrastate, but operating exclusively in |
3 | | transportation or operations excepted from all or part of |
4 | | the state driver qualification requirements; or |
5 | | (D) a state removes the CDL privilege from the driver |
6 | | license. |
7 | | (6) Commercial Motor Vehicle.
|
8 | | (A) "Commercial motor vehicle" or "CMV" means
a motor |
9 | | vehicle or combination of motor vehicles used in commerce, |
10 | | except those referred to in subdivision (B), designed
to |
11 | | transport passengers or property if the motor vehicle:
|
12 | | (i) has a gross combination weight rating or gross |
13 | | combination weight of 11,794 kilograms or more (26,001 |
14 | | pounds or more), whichever is greater, inclusive of |
15 | | any towed unit with a gross vehicle weight rating or
|
16 | | gross vehicle weight of more than 4,536 kilograms |
17 | | (10,000 pounds), whichever is greater; or
|
18 | | (i-5) has a gross vehicle weight rating or gross |
19 | | vehicle weight of 11,794 or more kilograms (26,001 |
20 | | pounds or more), whichever is greater; or |
21 | | (ii) is designed to transport 16 or more
persons, |
22 | | including the driver;
or
|
23 | | (iii) is of any size and is used in transporting |
24 | | hazardous materials as defined in 49 C.F.R. 383.5.
|
25 | | (B) Pursuant to the interpretation of the Commercial |
26 | | Motor
Vehicle
Safety Act of 1986 by the Federal Highway |
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1 | | Administration, the definition of
"commercial motor |
2 | | vehicle" does not include:
|
3 | | (i) recreational vehicles, when operated primarily |
4 | | for personal use;
|
5 | | (ii) vehicles owned by or operated under the |
6 | | direction of the United States Department of Defense |
7 | | or the United States Coast Guard only when operated by
|
8 | | non-civilian personnel. This includes any operator on |
9 | | active military
duty; members of the Reserves; |
10 | | National Guard; personnel on part-time
training; and |
11 | | National Guard military technicians (civilians who are
|
12 | | required to wear military uniforms and are subject to |
13 | | the Code of Military
Justice); or
|
14 | | (iii) firefighting, police, and other emergency |
15 | | equipment (including, without limitation, equipment |
16 | | owned or operated by a HazMat or technical rescue team |
17 | | authorized by a county board under Section 5-1127 of |
18 | | the Counties Code), with audible and
visual signals, |
19 | | owned or operated
by or for a
governmental entity, |
20 | | which is necessary to the preservation of life or
|
21 | | property or the execution of emergency governmental |
22 | | functions which are
normally not subject to general |
23 | | traffic rules and regulations.
|
24 | | (7) Controlled Substance. "Controlled substance" shall |
25 | | have the same
meaning as defined in Section 102 of the Illinois |
26 | | Controlled Substances Act,
and shall also include cannabis as |
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1 | | defined in Section 3 of the Cannabis Control
Act and |
2 | | methamphetamine as defined in Section 10 of the |
3 | | Methamphetamine Control and Community Protection Act.
|
4 | | (8) Conviction. "Conviction" means an unvacated |
5 | | adjudication of guilt
or a determination that a person has |
6 | | violated or failed to comply with the
law in a court of |
7 | | original jurisdiction or by an authorized administrative
|
8 | | tribunal; an unvacated forfeiture of bail or collateral |
9 | | deposited to secure
the person's appearance in court; a plea |
10 | | of guilty or nolo contendere accepted by the court; the |
11 | | payment of a fine or court cost
regardless of whether the |
12 | | imposition of sentence is deferred and ultimately
a judgment |
13 | | dismissing the underlying charge is entered; or a violation of |
14 | | a
condition of release without bail, regardless of whether or |
15 | | not the penalty
is rebated, suspended or probated.
|
16 | | (8.5) Day. "Day" means calendar day.
|
17 | | (9) (Blank).
|
18 | | (10) (Blank).
|
19 | | (11) (Blank).
|
20 | | (12) (Blank).
|
21 | | (13) Driver. "Driver" means any person who drives, |
22 | | operates, or is in
physical control of a commercial motor |
23 | | vehicle, any person who is required to hold a
CDL, or any |
24 | | person who is a holder of a CDL while operating a |
25 | | non-commercial motor vehicle.
|
26 | | (13.5) Driver applicant. "Driver applicant" means an |
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1 | | individual who applies to a state or other jurisdiction to |
2 | | obtain, transfer, upgrade, or renew a CDL or to obtain or renew |
3 | | a CLP.
|
4 | | (13.8) Electronic device. "Electronic device" includes, |
5 | | but is not limited to, a cellular telephone, personal digital |
6 | | assistant, pager, computer, or any other device used to input, |
7 | | write, send, receive, or read text. |
8 | | (14) Employee. "Employee" means a person who is employed |
9 | | as a
commercial
motor vehicle driver. A person who is |
10 | | self-employed as a commercial motor
vehicle driver must comply |
11 | | with the requirements of this UCDLA
pertaining to employees. |
12 | | An
owner-operator on a long-term lease shall be considered an |
13 | | employee.
|
14 | | (15) Employer. "Employer" means a person (including the |
15 | | United
States, a State or a local authority) who owns or leases |
16 | | a commercial motor
vehicle or assigns employees to operate |
17 | | such a vehicle. A person who is
self-employed as a commercial |
18 | | motor vehicle driver must
comply with the requirements of this |
19 | | UCDLA.
|
20 | | (15.1) Endorsement. "Endorsement" means an authorization |
21 | | to an individual's CLP or CDL required to permit the |
22 | | individual to operate certain types of commercial motor |
23 | | vehicles. |
24 | | (15.2) Entry-level driver training. "Entry-level driver |
25 | | training" means the training an entry-level driver receives |
26 | | from an entity listed on the Federal Motor Carrier Safety |
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1 | | Administration's Training Provider Registry prior to: (i) |
2 | | taking the CDL skills test required to receive the Class A or |
3 | | Class B CDL for the first time; (ii) taking the CDL skills test |
4 | | required to upgrade to a Class A or Class B CDL; or (iii) |
5 | | taking the CDL skills test required to obtain a passenger or |
6 | | school bus endorsement for the first time or the CDL knowledge |
7 | | test required to obtain a hazardous materials endorsement for |
8 | | the first time. |
9 | | (15.3) Excepted interstate. "Excepted interstate" means a |
10 | | person who operates or expects to operate in interstate |
11 | | commerce, but engages exclusively in transportation or |
12 | | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, |
13 | | or 398.3 from all or part of the qualification requirements of |
14 | | 49 C.F.R. Part 391 and is not required to obtain a medical |
15 | | examiner's certificate by 49 C.F.R. 391.45. |
16 | | (15.5) Excepted intrastate. "Excepted intrastate" means a |
17 | | person who operates in intrastate commerce but engages |
18 | | exclusively in transportation or operations excepted from all |
19 | | or parts of the state driver qualification requirements. |
20 | | (16) (Blank).
|
21 | | (16.5) Fatality. "Fatality" means the death of a person as |
22 | | a result of a motor vehicle crash accident .
|
23 | | (16.7) Foreign commercial driver. "Foreign commercial |
24 | | driver" means a person licensed to operate a commercial motor |
25 | | vehicle by an authority outside the United States, or a |
26 | | citizen of a foreign country who operates a commercial motor |
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1 | | vehicle in the United States. |
2 | | (17) Foreign jurisdiction. "Foreign jurisdiction" means a |
3 | | sovereign
jurisdiction that does not fall within the |
4 | | definition of "State".
|
5 | | (18) (Blank).
|
6 | | (19) (Blank).
|
7 | | (20) Hazardous materials. "Hazardous material" means any |
8 | | material that has been designated under 49 U.S.C.
5103 and is |
9 | | required to be placarded under subpart F of 49 C.F.R. part 172 |
10 | | or any quantity of a material listed as a select agent or toxin |
11 | | in 42 C.F.R. part 73.
|
12 | | (20.5) Imminent Hazard. "Imminent hazard" means the |
13 | | existence of any condition of a vehicle, employee, or |
14 | | commercial motor vehicle operations that substantially |
15 | | increases the likelihood of serious injury or death if not |
16 | | discontinued immediately; or a condition relating to hazardous |
17 | | material that presents a substantial likelihood that death, |
18 | | serious illness, severe personal injury, or a substantial |
19 | | endangerment to health, property, or the environment may occur |
20 | | before the reasonably foreseeable completion date of a formal |
21 | | proceeding begun to lessen the risk of that death, illness, |
22 | | injury or endangerment.
|
23 | | (20.6) Issuance. "Issuance" means initial issuance, |
24 | | transfer, renewal, or upgrade of a CLP or CDL and |
25 | | non-domiciled CLP or CDL. |
26 | | (20.7) Issue. "Issue" means initial issuance, transfer, |
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1 | | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or |
2 | | non-domiciled CDL. |
3 | | (21) Long-term lease. "Long-term lease" means a lease of a |
4 | | commercial
motor vehicle by the owner-lessor to a lessee, for |
5 | | a period of more than 29
days.
|
6 | | (21.01) Manual transmission. "Manual transmission" means a |
7 | | transmission utilizing a driver-operated clutch that is |
8 | | activated by a pedal or lever and a gear-shift mechanism |
9 | | operated either by hand or foot including those known as a |
10 | | stick shift, stick, straight drive, or standard transmission. |
11 | | All other transmissions, whether semi-automatic or automatic, |
12 | | shall be considered automatic for the purposes of the |
13 | | standardized restriction code. |
14 | | (21.1) Medical examiner. "Medical examiner" means an |
15 | | individual certified by the Federal Motor Carrier Safety |
16 | | Administration and listed on the National Registry of |
17 | | Certified Medical Examiners in accordance with Federal Motor |
18 | | Carrier Safety Regulations, 49 CFR 390.101 et seq. |
19 | | (21.2) Medical examiner's certificate. "Medical examiner's |
20 | | certificate" means either (1) prior to June 22, 2021, a |
21 | | document prescribed or approved by the Secretary of State that |
22 | | is issued by a medical examiner to a driver to medically |
23 | | qualify him or her to drive; or (2) beginning June 22, 2021, an |
24 | | electronic submission of results of an examination conducted |
25 | | by a medical examiner listed on the National Registry of |
26 | | Certified Medical Examiners to the Federal Motor Carrier |
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1 | | Safety Administration of a driver to medically qualify him or |
2 | | her to drive. |
3 | | (21.5) Medical variance. "Medical variance" means a driver |
4 | | has received one of the following from the Federal Motor |
5 | | Carrier Safety Administration which allows the driver to be |
6 | | issued a medical certificate: (1) an exemption letter |
7 | | permitting operation of a commercial motor vehicle pursuant to |
8 | | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a |
9 | | skill performance evaluation (SPE) certificate permitting |
10 | | operation of a commercial motor vehicle pursuant to 49 C.F.R. |
11 | | 391.49. |
12 | | (21.7) Mobile telephone. "Mobile telephone" means a mobile |
13 | | communication device that falls under or uses any commercial |
14 | | mobile radio service, as defined in regulations of the Federal |
15 | | Communications Commission, 47 CFR 20.3. It does not include |
16 | | two-way or citizens band radio services. |
17 | | (22) Motor Vehicle. "Motor vehicle" means every vehicle
|
18 | | which is self-propelled, and every vehicle which is propelled |
19 | | by electric
power obtained from over head trolley wires but |
20 | | not operated upon rails,
except vehicles moved solely by human |
21 | | power and motorized wheel chairs.
|
22 | | (22.2) Motor vehicle record. "Motor vehicle record" means |
23 | | a report of the driving status and history of a driver |
24 | | generated from the driver record provided to users, such as |
25 | | drivers or employers, and is subject to the provisions of the |
26 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. |
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1 | | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or |
2 | | combination of motor vehicles not defined by the term |
3 | | "commercial motor vehicle" or "CMV" in this Section.
|
4 | | (22.7) Non-excepted interstate. "Non-excepted interstate" |
5 | | means a person who operates or expects to operate in |
6 | | interstate commerce, is subject to and meets the qualification |
7 | | requirements under 49 C.F.R. Part 391, and is required to |
8 | | obtain a medical examiner's certificate by 49 C.F.R. 391.45. |
9 | | (22.8) Non-excepted intrastate. "Non-excepted intrastate" |
10 | | means a person who operates only in intrastate commerce and is |
11 | | subject to State driver qualification requirements. |
12 | | (23) Non-domiciled CLP or Non-domiciled CDL. |
13 | | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, |
14 | | respectively, issued by a state or other jurisdiction under |
15 | | either of the following two conditions: |
16 | | (i) to an individual domiciled in a foreign country |
17 | | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. |
18 | | of the Federal Motor Carrier Safety Administration.
|
19 | | (ii) to an individual domiciled in another state |
20 | | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. |
21 | | of the Federal Motor Carrier Safety Administration.
|
22 | | (24) (Blank).
|
23 | | (25) (Blank).
|
24 | | (25.5) Railroad-Highway Grade Crossing Violation. |
25 | | "Railroad-highway
grade
crossing violation" means a
violation, |
26 | | while operating a commercial motor vehicle, of
any
of the |
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1 | | following:
|
2 | | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
|
3 | | (B) Any other similar
law or local ordinance of any |
4 | | state relating to
railroad-highway grade crossing.
|
5 | | (25.7) School Bus. "School bus" means a commercial motor |
6 | | vehicle used to transport pre-primary, primary, or secondary |
7 | | school students from home to school, from school to home, or to |
8 | | and from school-sponsored events. "School bus" does not |
9 | | include a bus used as a common carrier.
|
10 | | (26) Serious Traffic Violation. "Serious traffic |
11 | | violation"
means:
|
12 | | (A) a conviction when operating a commercial motor |
13 | | vehicle, or when operating a non-CMV while holding a CLP |
14 | | or CDL,
of:
|
15 | | (i) a violation relating to excessive speeding,
|
16 | | involving a single speeding charge of 15 miles per |
17 | | hour or more above the
legal speed limit; or
|
18 | | (ii) a violation relating to reckless driving; or
|
19 | | (iii) a violation of any State law or local |
20 | | ordinance relating to motor
vehicle traffic control |
21 | | (other than parking violations) arising in
connection |
22 | | with a fatal traffic crash accident ; or
|
23 | | (iv) a violation of Section 6-501, relating to |
24 | | having multiple driver's
licenses; or
|
25 | | (v) a violation of paragraph (a) of Section 6-507, |
26 | | relating to the
requirement to have a valid CLP or CDL; |
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1 | | or
|
2 | | (vi) a violation relating to improper or erratic |
3 | | traffic lane changes;
or
|
4 | | (vii) a violation relating to following another |
5 | | vehicle too closely; or
|
6 | | (viii) a violation relating to texting while |
7 | | driving; or |
8 | | (ix) a violation relating to the use of a |
9 | | hand-held mobile telephone while driving; or |
10 | | (B) any other similar violation of a law or local
|
11 | | ordinance of any state relating to motor vehicle traffic |
12 | | control, other
than a parking violation, which the |
13 | | Secretary of State determines by
administrative rule to be |
14 | | serious.
|
15 | | (27) State. "State" means a state of the United States, |
16 | | the District of
Columbia and any province or territory of |
17 | | Canada.
|
18 | | (28) (Blank).
|
19 | | (29) (Blank).
|
20 | | (30) (Blank).
|
21 | | (31) (Blank).
|
22 | | (32) Texting. "Texting" means manually entering |
23 | | alphanumeric text into, or reading text from, an electronic |
24 | | device. |
25 | | (1) Texting includes, but is not limited to, short |
26 | | message service, emailing, instant messaging, a command or |
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1 | | request to access a World Wide Web page, pressing more |
2 | | than a single button to initiate or terminate a voice |
3 | | communication using a mobile telephone, or engaging in any |
4 | | other form of electronic text retrieval or entry for |
5 | | present or future communication. |
6 | | (2) Texting does not include: |
7 | | (i) inputting, selecting, or reading information |
8 | | on a global positioning system or navigation system; |
9 | | or |
10 | | (ii) pressing a single button to initiate or |
11 | | terminate a voice communication using a mobile |
12 | | telephone; or |
13 | | (iii) using a device capable of performing |
14 | | multiple functions (for example, a fleet management |
15 | | system, dispatching device, smart phone, citizens band |
16 | | radio, or music player) for a purpose that is not |
17 | | otherwise prohibited by Part 392 of the Federal Motor |
18 | | Carrier Safety Regulations. |
19 | | (32.3) Third party skills test examiner. "Third party |
20 | | skills test examiner" means a person employed by a third party |
21 | | tester who is authorized by the State to administer the CDL |
22 | | skills tests specified in 49 C.F.R. Part 383, subparts G and H. |
23 | | (32.5) Third party tester. "Third party tester" means a |
24 | | person (including, but not limited to, another state, a motor |
25 | | carrier, a private driver training facility or other private |
26 | | institution, or a department, agency, or instrumentality of a |
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1 | | local government) authorized by the State to employ skills |
2 | | test examiners to administer the CDL skills tests specified in |
3 | | 49 C.F.R. Part 383, subparts G and H. |
4 | | (32.7) United States. "United States" means the 50 states |
5 | | and the District of Columbia. |
6 | | (33) Use a hand-held mobile telephone. "Use a hand-held |
7 | | mobile telephone" means: |
8 | | (1) using at least one hand to hold a mobile telephone |
9 | | to conduct a voice communication; |
10 | | (2) dialing or answering a mobile telephone by |
11 | | pressing more than a single button; or |
12 | | (3) reaching for a mobile telephone in a manner that |
13 | | requires a driver to maneuver so that he or she is no |
14 | | longer in a seated driving position, restrained by a seat |
15 | | belt that is installed in accordance with 49 CFR 393.93 |
16 | | and adjusted in accordance with the vehicle manufacturer's |
17 | | instructions. |
18 | | (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20 .)
|
19 | | (Text of Section after amendment by P.A. 101-652 ) |
20 | | Sec. 6-500. Definitions of words and phrases. |
21 | | Notwithstanding the
definitions set forth elsewhere in this
|
22 | | Code, for purposes of the Uniform Commercial Driver's License |
23 | | Act
(UCDLA), the words and phrases listed below have the |
24 | | meanings
ascribed to them as follows:
|
25 | | (1) Alcohol. "Alcohol" means any substance containing any |
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1 | | form of
alcohol, including but not limited to ethanol,
|
2 | | methanol,
propanol, and
isopropanol.
|
3 | | (2) Alcohol concentration. "Alcohol concentration" means:
|
4 | | (A) the number of grams of alcohol per 210 liters of |
5 | | breath;
or
|
6 | | (B) the number of grams of alcohol per 100 milliliters |
7 | | of
blood; or
|
8 | | (C) the number of grams of alcohol per 67 milliliters |
9 | | of
urine.
|
10 | | Alcohol tests administered within 2 hours of the driver |
11 | | being
"stopped or detained" shall be considered that driver's |
12 | | "alcohol
concentration" for the purposes of enforcing this |
13 | | UCDLA.
|
14 | | (3) (Blank).
|
15 | | (4) (Blank).
|
16 | | (5) (Blank).
|
17 | | (5.3) CDLIS driver record. "CDLIS driver record" means the |
18 | | electronic record of the individual CDL driver's status and |
19 | | history stored by the State-of-Record as part of the |
20 | | Commercial Driver's License Information System, or CDLIS, |
21 | | established under 49 U.S.C. 31309. |
22 | | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle |
23 | | record" or "CDLIS MVR" means a report generated from the CDLIS |
24 | | driver record meeting the requirements for access to CDLIS |
25 | | information and provided by states to users authorized in 49 |
26 | | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the |
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1 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. |
2 | | (5.7) Commercial driver's license downgrade. "Commercial |
3 | | driver's license downgrade" or "CDL downgrade" means either: |
4 | | (A) a state allows the driver to change his or her |
5 | | self-certification to interstate, but operating |
6 | | exclusively in transportation or operation excepted from |
7 | | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), |
8 | | 391.2, 391.68, or 398.3; |
9 | | (B) a state allows the driver to change his or her |
10 | | self-certification to intrastate only, if the driver |
11 | | qualifies under that state's physical qualification |
12 | | requirements for intrastate only; |
13 | | (C) a state allows the driver to change his or her |
14 | | certification to intrastate, but operating exclusively in |
15 | | transportation or operations excepted from all or part of |
16 | | the state driver qualification requirements; or |
17 | | (D) a state removes the CDL privilege from the driver |
18 | | license. |
19 | | (6) Commercial Motor Vehicle.
|
20 | | (A) "Commercial motor vehicle" or "CMV" means
a motor |
21 | | vehicle or combination of motor vehicles used in commerce, |
22 | | except those referred to in subdivision (B), designed
to |
23 | | transport passengers or property if the motor vehicle:
|
24 | | (i) has a gross combination weight rating or gross |
25 | | combination weight of 11,794 kilograms or more (26,001 |
26 | | pounds or more), whichever is greater, inclusive of |
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1 | | any towed unit with a gross vehicle weight rating or
|
2 | | gross vehicle weight of more than 4,536 kilograms |
3 | | (10,000 pounds), whichever is greater; or
|
4 | | (i-5) has a gross vehicle weight rating or gross |
5 | | vehicle weight of 11,794 or more kilograms (26,001 |
6 | | pounds or more), whichever is greater; or |
7 | | (ii) is designed to transport 16 or more
persons, |
8 | | including the driver;
or
|
9 | | (iii) is of any size and is used in transporting |
10 | | hazardous materials as defined in 49 C.F.R. 383.5.
|
11 | | (B) Pursuant to the interpretation of the Commercial |
12 | | Motor
Vehicle
Safety Act of 1986 by the Federal Highway |
13 | | Administration, the definition of
"commercial motor |
14 | | vehicle" does not include:
|
15 | | (i) recreational vehicles, when operated primarily |
16 | | for personal use;
|
17 | | (ii) vehicles owned by or operated under the |
18 | | direction of the United States Department of Defense |
19 | | or the United States Coast Guard only when operated by
|
20 | | non-civilian personnel. This includes any operator on |
21 | | active military
duty; members of the Reserves; |
22 | | National Guard; personnel on part-time
training; and |
23 | | National Guard military technicians (civilians who are
|
24 | | required to wear military uniforms and are subject to |
25 | | the Code of Military
Justice); or
|
26 | | (iii) firefighting, police, and other emergency |
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1 | | equipment (including, without limitation, equipment |
2 | | owned or operated by a HazMat or technical rescue team |
3 | | authorized by a county board under Section 5-1127 of |
4 | | the Counties Code), with audible and
visual signals, |
5 | | owned or operated
by or for a
governmental entity, |
6 | | which is necessary to the preservation of life or
|
7 | | property or the execution of emergency governmental |
8 | | functions which are
normally not subject to general |
9 | | traffic rules and regulations.
|
10 | | (7) Controlled Substance. "Controlled substance" shall |
11 | | have the same
meaning as defined in Section 102 of the Illinois |
12 | | Controlled Substances Act,
and shall also include cannabis as |
13 | | defined in Section 3 of the Cannabis Control
Act and |
14 | | methamphetamine as defined in Section 10 of the |
15 | | Methamphetamine Control and Community Protection Act.
|
16 | | (8) Conviction. "Conviction" means an unvacated |
17 | | adjudication of guilt
or a determination that a person has |
18 | | violated or failed to comply with the
law in a court of |
19 | | original jurisdiction or by an authorized administrative
|
20 | | tribunal; an unvacated revocation of pretrial release or |
21 | | forfeiture of bail or collateral deposited to secure
the |
22 | | person's appearance in court; a plea of guilty or nolo |
23 | | contendere accepted by the court; the payment of a fine or |
24 | | court cost
regardless of whether the imposition of sentence is |
25 | | deferred and ultimately
a judgment dismissing the underlying |
26 | | charge is entered; or a violation of a
condition of pretrial |
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1 | | release without bail, regardless of whether or not the penalty
|
2 | | is rebated, suspended or probated.
|
3 | | (8.5) Day. "Day" means calendar day.
|
4 | | (9) (Blank).
|
5 | | (10) (Blank).
|
6 | | (11) (Blank).
|
7 | | (12) (Blank).
|
8 | | (13) Driver. "Driver" means any person who drives, |
9 | | operates, or is in
physical control of a commercial motor |
10 | | vehicle, any person who is required to hold a
CDL, or any |
11 | | person who is a holder of a CDL while operating a |
12 | | non-commercial motor vehicle.
|
13 | | (13.5) Driver applicant. "Driver applicant" means an |
14 | | individual who applies to a state or other jurisdiction to |
15 | | obtain, transfer, upgrade, or renew a CDL or to obtain or renew |
16 | | a CLP.
|
17 | | (13.8) Electronic device. "Electronic device" includes, |
18 | | but is not limited to, a cellular telephone, personal digital |
19 | | assistant, pager, computer, or any other device used to input, |
20 | | write, send, receive, or read text. |
21 | | (14) Employee. "Employee" means a person who is employed |
22 | | as a
commercial
motor vehicle driver. A person who is |
23 | | self-employed as a commercial motor
vehicle driver must comply |
24 | | with the requirements of this UCDLA
pertaining to employees. |
25 | | An
owner-operator on a long-term lease shall be considered an |
26 | | employee.
|
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1 | | (15) Employer. "Employer" means a person (including the |
2 | | United
States, a State or a local authority) who owns or leases |
3 | | a commercial motor
vehicle or assigns employees to operate |
4 | | such a vehicle. A person who is
self-employed as a commercial |
5 | | motor vehicle driver must
comply with the requirements of this |
6 | | UCDLA.
|
7 | | (15.1) Endorsement. "Endorsement" means an authorization |
8 | | to an individual's CLP or CDL required to permit the |
9 | | individual to operate certain types of commercial motor |
10 | | vehicles. |
11 | | (15.2) Entry-level driver training. "Entry-level driver |
12 | | training" means the training an entry-level driver receives |
13 | | from an entity listed on the Federal Motor Carrier Safety |
14 | | Administration's Training Provider Registry prior to: (i) |
15 | | taking the CDL skills test required to receive the Class A or |
16 | | Class B CDL for the first time; (ii) taking the CDL skills test |
17 | | required to upgrade to a Class A or Class B CDL; or (iii) |
18 | | taking the CDL skills test required to obtain a passenger or |
19 | | school bus endorsement for the first time or the CDL knowledge |
20 | | test required to obtain a hazardous materials endorsement for |
21 | | the first time. |
22 | | (15.3) Excepted interstate. "Excepted interstate" means a |
23 | | person who operates or expects to operate in interstate |
24 | | commerce, but engages exclusively in transportation or |
25 | | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, |
26 | | or 398.3 from all or part of the qualification requirements of |
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1 | | 49 C.F.R. Part 391 and is not required to obtain a medical |
2 | | examiner's certificate by 49 C.F.R. 391.45. |
3 | | (15.5) Excepted intrastate. "Excepted intrastate" means a |
4 | | person who operates in intrastate commerce but engages |
5 | | exclusively in transportation or operations excepted from all |
6 | | or parts of the state driver qualification requirements. |
7 | | (16) (Blank).
|
8 | | (16.5) Fatality. "Fatality" means the death of a person as |
9 | | a result of a motor vehicle crash accident .
|
10 | | (16.7) Foreign commercial driver. "Foreign commercial |
11 | | driver" means a person licensed to operate a commercial motor |
12 | | vehicle by an authority outside the United States, or a |
13 | | citizen of a foreign country who operates a commercial motor |
14 | | vehicle in the United States. |
15 | | (17) Foreign jurisdiction. "Foreign jurisdiction" means a |
16 | | sovereign
jurisdiction that does not fall within the |
17 | | definition of "State".
|
18 | | (18) (Blank).
|
19 | | (19) (Blank).
|
20 | | (20) Hazardous materials. "Hazardous material" means any |
21 | | material that has been designated under 49 U.S.C.
5103 and is |
22 | | required to be placarded under subpart F of 49 C.F.R. part 172 |
23 | | or any quantity of a material listed as a select agent or toxin |
24 | | in 42 C.F.R. part 73.
|
25 | | (20.5) Imminent Hazard. "Imminent hazard" means the |
26 | | existence of any condition of a vehicle, employee, or |
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1 | | commercial motor vehicle operations that substantially |
2 | | increases the likelihood of serious injury or death if not |
3 | | discontinued immediately; or a condition relating to hazardous |
4 | | material that presents a substantial likelihood that death, |
5 | | serious illness, severe personal injury, or a substantial |
6 | | endangerment to health, property, or the environment may occur |
7 | | before the reasonably foreseeable completion date of a formal |
8 | | proceeding begun to lessen the risk of that death, illness, |
9 | | injury or endangerment.
|
10 | | (20.6) Issuance. "Issuance" means initial issuance, |
11 | | transfer, renewal, or upgrade of a CLP or CDL and |
12 | | non-domiciled CLP or CDL. |
13 | | (20.7) Issue. "Issue" means initial issuance, transfer, |
14 | | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or |
15 | | non-domiciled CDL. |
16 | | (21) Long-term lease. "Long-term lease" means a lease of a |
17 | | commercial
motor vehicle by the owner-lessor to a lessee, for |
18 | | a period of more than 29
days.
|
19 | | (21.01) Manual transmission. "Manual transmission" means a |
20 | | transmission utilizing a driver-operated clutch that is |
21 | | activated by a pedal or lever and a gear-shift mechanism |
22 | | operated either by hand or foot including those known as a |
23 | | stick shift, stick, straight drive, or standard transmission. |
24 | | All other transmissions, whether semi-automatic or automatic, |
25 | | shall be considered automatic for the purposes of the |
26 | | standardized restriction code. |
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1 | | (21.1) Medical examiner. "Medical examiner" means an |
2 | | individual certified by the Federal Motor Carrier Safety |
3 | | Administration and listed on the National Registry of |
4 | | Certified Medical Examiners in accordance with Federal Motor |
5 | | Carrier Safety Regulations, 49 CFR 390.101 et seq. |
6 | | (21.2) Medical examiner's certificate. "Medical examiner's |
7 | | certificate" means either (1) prior to June 22, 2021, a |
8 | | document prescribed or approved by the Secretary of State that |
9 | | is issued by a medical examiner to a driver to medically |
10 | | qualify him or her to drive; or (2) beginning June 22, 2021, an |
11 | | electronic submission of results of an examination conducted |
12 | | by a medical examiner listed on the National Registry of |
13 | | Certified Medical Examiners to the Federal Motor Carrier |
14 | | Safety Administration of a driver to medically qualify him or |
15 | | her to drive. |
16 | | (21.5) Medical variance. "Medical variance" means a driver |
17 | | has received one of the following from the Federal Motor |
18 | | Carrier Safety Administration which allows the driver to be |
19 | | issued a medical certificate: (1) an exemption letter |
20 | | permitting operation of a commercial motor vehicle pursuant to |
21 | | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a |
22 | | skill performance evaluation (SPE) certificate permitting |
23 | | operation of a commercial motor vehicle pursuant to 49 C.F.R. |
24 | | 391.49. |
25 | | (21.7) Mobile telephone. "Mobile telephone" means a mobile |
26 | | communication device that falls under or uses any commercial |
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1 | | mobile radio service, as defined in regulations of the Federal |
2 | | Communications Commission, 47 CFR 20.3. It does not include |
3 | | two-way or citizens band radio services. |
4 | | (22) Motor Vehicle. "Motor vehicle" means every vehicle
|
5 | | which is self-propelled, and every vehicle which is propelled |
6 | | by electric
power obtained from over head trolley wires but |
7 | | not operated upon rails,
except vehicles moved solely by human |
8 | | power and motorized wheel chairs.
|
9 | | (22.2) Motor vehicle record. "Motor vehicle record" means |
10 | | a report of the driving status and history of a driver |
11 | | generated from the driver record provided to users, such as |
12 | | drivers or employers, and is subject to the provisions of the |
13 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. |
14 | | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or |
15 | | combination of motor vehicles not defined by the term |
16 | | "commercial motor vehicle" or "CMV" in this Section.
|
17 | | (22.7) Non-excepted interstate. "Non-excepted interstate" |
18 | | means a person who operates or expects to operate in |
19 | | interstate commerce, is subject to and meets the qualification |
20 | | requirements under 49 C.F.R. Part 391, and is required to |
21 | | obtain a medical examiner's certificate by 49 C.F.R. 391.45. |
22 | | (22.8) Non-excepted intrastate. "Non-excepted intrastate" |
23 | | means a person who operates only in intrastate commerce and is |
24 | | subject to State driver qualification requirements. |
25 | | (23) Non-domiciled CLP or Non-domiciled CDL. |
26 | | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, |
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1 | | respectively, issued by a state or other jurisdiction under |
2 | | either of the following two conditions: |
3 | | (i) to an individual domiciled in a foreign country |
4 | | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. |
5 | | of the Federal Motor Carrier Safety Administration.
|
6 | | (ii) to an individual domiciled in another state |
7 | | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. |
8 | | of the Federal Motor Carrier Safety Administration.
|
9 | | (24) (Blank).
|
10 | | (25) (Blank).
|
11 | | (25.5) Railroad-Highway Grade Crossing Violation. |
12 | | "Railroad-highway
grade
crossing violation" means a
violation, |
13 | | while operating a commercial motor vehicle, of
any
of the |
14 | | following:
|
15 | | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
|
16 | | (B) Any other similar
law or local ordinance of any |
17 | | state relating to
railroad-highway grade crossing.
|
18 | | (25.7) School Bus. "School bus" means a commercial motor |
19 | | vehicle used to transport pre-primary, primary, or secondary |
20 | | school students from home to school, from school to home, or to |
21 | | and from school-sponsored events. "School bus" does not |
22 | | include a bus used as a common carrier.
|
23 | | (26) Serious Traffic Violation. "Serious traffic |
24 | | violation"
means:
|
25 | | (A) a conviction when operating a commercial motor |
26 | | vehicle, or when operating a non-CMV while holding a CLP |
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1 | | or CDL,
of:
|
2 | | (i) a violation relating to excessive speeding,
|
3 | | involving a single speeding charge of 15 miles per |
4 | | hour or more above the
legal speed limit; or
|
5 | | (ii) a violation relating to reckless driving; or
|
6 | | (iii) a violation of any State law or local |
7 | | ordinance relating to motor
vehicle traffic control |
8 | | (other than parking violations) arising in
connection |
9 | | with a fatal traffic crash accident ; or
|
10 | | (iv) a violation of Section 6-501, relating to |
11 | | having multiple driver's
licenses; or
|
12 | | (v) a violation of paragraph (a) of Section 6-507, |
13 | | relating to the
requirement to have a valid CLP or CDL; |
14 | | or
|
15 | | (vi) a violation relating to improper or erratic |
16 | | traffic lane changes;
or
|
17 | | (vii) a violation relating to following another |
18 | | vehicle too closely; or
|
19 | | (viii) a violation relating to texting while |
20 | | driving; or |
21 | | (ix) a violation relating to the use of a |
22 | | hand-held mobile telephone while driving; or |
23 | | (B) any other similar violation of a law or local
|
24 | | ordinance of any state relating to motor vehicle traffic |
25 | | control, other
than a parking violation, which the |
26 | | Secretary of State determines by
administrative rule to be |
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1 | | serious.
|
2 | | (27) State. "State" means a state of the United States, |
3 | | the District of
Columbia and any province or territory of |
4 | | Canada.
|
5 | | (28) (Blank).
|
6 | | (29) (Blank).
|
7 | | (30) (Blank).
|
8 | | (31) (Blank).
|
9 | | (32) Texting. "Texting" means manually entering |
10 | | alphanumeric text into, or reading text from, an electronic |
11 | | device. |
12 | | (1) Texting includes, but is not limited to, short |
13 | | message service, emailing, instant messaging, a command or |
14 | | request to access a World Wide Web page, pressing more |
15 | | than a single button to initiate or terminate a voice |
16 | | communication using a mobile telephone, or engaging in any |
17 | | other form of electronic text retrieval or entry for |
18 | | present or future communication. |
19 | | (2) Texting does not include: |
20 | | (i) inputting, selecting, or reading information |
21 | | on a global positioning system or navigation system; |
22 | | or |
23 | | (ii) pressing a single button to initiate or |
24 | | terminate a voice communication using a mobile |
25 | | telephone; or |
26 | | (iii) using a device capable of performing |
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1 | | multiple functions (for example, a fleet management |
2 | | system, dispatching device, smart phone, citizens band |
3 | | radio, or music player) for a purpose that is not |
4 | | otherwise prohibited by Part 392 of the Federal Motor |
5 | | Carrier Safety Regulations. |
6 | | (32.3) Third party skills test examiner. "Third party |
7 | | skills test examiner" means a person employed by a third party |
8 | | tester who is authorized by the State to administer the CDL |
9 | | skills tests specified in 49 C.F.R. Part 383, subparts G and H. |
10 | | (32.5) Third party tester. "Third party tester" means a |
11 | | person (including, but not limited to, another state, a motor |
12 | | carrier, a private driver training facility or other private |
13 | | institution, or a department, agency, or instrumentality of a |
14 | | local government) authorized by the State to employ skills |
15 | | test examiners to administer the CDL skills tests specified in |
16 | | 49 C.F.R. Part 383, subparts G and H. |
17 | | (32.7) United States. "United States" means the 50 states |
18 | | and the District of Columbia. |
19 | | (33) Use a hand-held mobile telephone. "Use a hand-held |
20 | | mobile telephone" means: |
21 | | (1) using at least one hand to hold a mobile telephone |
22 | | to conduct a voice communication; |
23 | | (2) dialing or answering a mobile telephone by |
24 | | pressing more than a single button; or |
25 | | (3) reaching for a mobile telephone in a manner that |
26 | | requires a driver to maneuver so that he or she is no |
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1 | | longer in a seated driving position, restrained by a seat |
2 | | belt that is installed in accordance with 49 CFR 393.93 |
3 | | and adjusted in accordance with the vehicle manufacturer's |
4 | | instructions. |
5 | | (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20; |
6 | | 101-652, eff. 1-1-23.)
|
7 | | (625 ILCS 5/6-500.2) (from Ch. 95 1/2, par. 6-500.2)
|
8 | | Sec. 6-500.2. Statement of intent and purpose. The purpose |
9 | | of this
UCDLA is to implement the federal Commercial Motor |
10 | | Vehicle Safety Act of
1986 (CMVSA) (Title XII of Pub. Law |
11 | | 99-570) and reduce or prevent
commercial motor vehicle crashes |
12 | | accidents , fatalities and injuries by:
|
13 | | (a) permitting commercial drivers to hold only one |
14 | | driver's license;
|
15 | | (b) disqualifying commercial drivers who have committed |
16 | | certain serious
traffic violations, or other specified |
17 | | offenses; and
|
18 | | (c) strengthening commercial driver licensing and testing |
19 | | standards.
|
20 | | This UCDLA is remedial in nature and should be liberally |
21 | | construed to
promote the public's health, safety and welfare. |
22 | | To the extent that this
UCDLA conflicts with any other |
23 | | provisions of this Code, the UCDLA shall
prevail. Where this |
24 | | UCDLA is silent, the other general provisions of this
Code |
25 | | shall apply.
|
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1 | | (Source: P.A. 86-845.)
|
2 | | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
|
3 | | Sec. 6-514. Commercial driver's license (CDL); commercial |
4 | | learner's permit (CLP); disqualifications.
|
5 | | (a) A person shall be disqualified from driving a |
6 | | commercial motor
vehicle for a period of not less than 12 |
7 | | months for the first violation of:
|
8 | | (1) Refusing to submit to or failure to complete a |
9 | | test or tests to determine the driver's blood |
10 | | concentration of alcohol, other drug, or both
while |
11 | | driving a commercial motor vehicle or, if the driver is a |
12 | | CLP or CDL holder, while driving a non-CMV; or
|
13 | | (2) Operating a commercial motor vehicle while the |
14 | | alcohol
concentration of the person's blood, breath, other |
15 | | bodily substance, or urine is at least 0.04, or any
amount |
16 | | of a drug, substance, or compound in the person's blood, |
17 | | other bodily substance, or urine
resulting from the |
18 | | unlawful use or consumption of cannabis listed in the
|
19 | | Cannabis Control Act, a controlled substance listed in the |
20 | | Illinois
Controlled Substances Act, or methamphetamine as |
21 | | listed in the Methamphetamine Control and Community |
22 | | Protection Act as indicated by a police officer's sworn |
23 | | report or
other verified evidence; or operating a |
24 | | non-commercial motor vehicle while the alcohol |
25 | | concentration of the person's blood, breath, other bodily |
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1 | | substance, or urine was above the legal limit defined in |
2 | | Section 11-501.1 or 11-501.8 or any amount of a drug, |
3 | | substance, or compound in the person's blood, other bodily |
4 | | substance, or urine resulting from the unlawful use or |
5 | | consumption of cannabis listed in the Cannabis Control |
6 | | Act, a controlled substance listed in the Illinois |
7 | | Controlled Substances Act, or methamphetamine as listed in |
8 | | the Methamphetamine Control and Community Protection Act
|
9 | | as indicated by a police officer's sworn report or other |
10 | | verified evidence while holding a CLP or CDL; or
|
11 | | (3) Conviction for a first violation of:
|
12 | | (i) Driving a commercial motor vehicle or, if the |
13 | | driver is a CLP or CDL holder, driving a non-CMV while |
14 | | under the influence of
alcohol, or any other drug, or |
15 | | combination of drugs to a degree which
renders such |
16 | | person incapable of safely driving; or
|
17 | | (ii) Knowingly leaving the scene of a crash an |
18 | | accident while
operating a commercial motor vehicle |
19 | | or, if the driver is a CLP or CDL holder, while driving |
20 | | a non-CMV; or
|
21 | | (iii) Driving a commercial motor vehicle or, if |
22 | | the driver is a CLP or CDL holder, driving a non-CMV |
23 | | while committing any felony; or |
24 | | (iv) Driving a commercial motor vehicle while the |
25 | | person's driving privileges or driver's license or |
26 | | permit is revoked, suspended, or cancelled or the |
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1 | | driver is disqualified from operating a commercial |
2 | | motor vehicle; or |
3 | | (v) Causing a fatality through the negligent |
4 | | operation of a commercial motor vehicle, including but |
5 | | not limited to the crimes of motor vehicle |
6 | | manslaughter, homicide by a motor vehicle, and |
7 | | negligent homicide. |
8 | | As used in this subdivision (a)(3)(v), "motor |
9 | | vehicle manslaughter" means the offense of involuntary |
10 | | manslaughter if committed by means of a vehicle; |
11 | | "homicide by a motor vehicle" means the offense of |
12 | | first degree murder or second degree murder, if either |
13 | | offense is committed by means of a vehicle; and |
14 | | "negligent homicide" means reckless homicide under |
15 | | Section 9-3 of the Criminal Code of 1961 or the |
16 | | Criminal Code of 2012 and aggravated driving under the |
17 | | influence of alcohol, other drug or drugs, |
18 | | intoxicating compound or compounds, or any combination |
19 | | thereof under subdivision (d)(1)(F) of Section 11-501 |
20 | | of this Code.
|
21 | | If any of the above violations or refusals occurred |
22 | | while
transporting hazardous material(s) required to be |
23 | | placarded, the person
shall be disqualified for a period |
24 | | of not less than 3 years; or
|
25 | | (4) (Blank). |
26 | | (b) A person is disqualified for life for a second |
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1 | | conviction of any of
the offenses specified in paragraph (a), |
2 | | or any combination of those
offenses, arising from 2 or more |
3 | | separate incidents.
|
4 | | (c) A person is disqualified from driving a commercial |
5 | | motor vehicle for
life if the person either (i) uses a |
6 | | commercial motor vehicle in the commission of any felony
|
7 | | involving the manufacture, distribution, or dispensing of a |
8 | | controlled
substance, or possession with intent to |
9 | | manufacture, distribute or dispense
a controlled substance or |
10 | | (ii) if the person is a CLP or CDL holder, uses a non-CMV in |
11 | | the commission of a felony involving any of those activities.
|
12 | | (d) The Secretary of State may, when the United States |
13 | | Secretary of
Transportation so authorizes, issue regulations |
14 | | in which a disqualification
for life under paragraph (b) may |
15 | | be reduced to a period of not less than 10
years.
If a |
16 | | reinstated driver is subsequently convicted of another |
17 | | disqualifying
offense, as specified in subsection (a) of this |
18 | | Section, he or she shall be
permanently disqualified for life |
19 | | and shall be ineligible to again apply for a
reduction of the |
20 | | lifetime disqualification.
|
21 | | (e) A person is disqualified from driving a commercial |
22 | | motor vehicle for
a period of not less than 2 months if |
23 | | convicted of 2 serious traffic
violations, committed in a |
24 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, |
25 | | or any combination thereof, arising from separate
incidents, |
26 | | occurring within a 3 year period, provided the serious traffic |
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1 | | violation committed in a non-CMV would result in the |
2 | | suspension or revocation of the CLP or CDL holder's non-CMV |
3 | | privileges. However, a person will be
disqualified from |
4 | | driving a commercial motor vehicle for a period of not less
|
5 | | than 4 months if convicted of 3 serious traffic violations, |
6 | | committed in a
commercial motor vehicle, non-CMV while holding |
7 | | a CLP or CDL, or any combination thereof, arising from |
8 | | separate incidents, occurring within a 3
year period, provided |
9 | | the serious traffic violation committed in a non-CMV would |
10 | | result in the suspension or revocation of the CLP or CDL |
11 | | holder's non-CMV privileges. If all the convictions occurred |
12 | | in a non-CMV, the disqualification shall be entered only if |
13 | | the convictions would result in the suspension or revocation |
14 | | of the CLP or CDL holder's non-CMV privileges.
|
15 | | (e-1) (Blank).
|
16 | | (f) Notwithstanding any other provision of this Code, any |
17 | | driver
disqualified from operating a commercial motor vehicle, |
18 | | pursuant to this
UCDLA, shall not be eligible for restoration |
19 | | of commercial driving
privileges during any such period of |
20 | | disqualification.
|
21 | | (g) After suspending, revoking, or cancelling a CLP or |
22 | | CDL, the Secretary of State must update the driver's records |
23 | | to reflect
such action within 10 days. After suspending or |
24 | | revoking the driving privilege
of any person who has been |
25 | | issued a CLP or CDL from another jurisdiction, the Secretary |
26 | | shall originate notification to
such issuing jurisdiction |
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1 | | within 10 days.
|
2 | | (h) The "disqualifications" referred to in this Section |
3 | | shall not be
imposed upon any commercial motor vehicle driver, |
4 | | by the Secretary of
State, unless the prohibited action(s) |
5 | | occurred after March 31, 1992.
|
6 | | (i) A person is disqualified from driving a commercial |
7 | | motor vehicle in
accordance with the following:
|
8 | | (1) For 6 months upon a first conviction of paragraph |
9 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 |
10 | | of this Code.
|
11 | | (2) For 2 years upon a second conviction of paragraph |
12 | | (2) of subsection
(b) or subsection (b-3) or any |
13 | | combination of paragraphs (2) or (3) of subsection (b) or |
14 | | subsections (b-3) or (b-5) of Section 6-507 of this Code |
15 | | within a 10-year period if the second conviction is a |
16 | | violation of paragraph (2) of subsection (b) or subsection |
17 | | (b-3).
|
18 | | (3) For 3 years upon a third or subsequent conviction |
19 | | of paragraph (2) of
subsection (b) or subsection (b-3) or |
20 | | any combination of paragraphs (2) or (3) of subsection (b) |
21 | | or subsections (b-3) or (b-5) of Section 6-507 of this |
22 | | Code within a 10-year period if the third or subsequent |
23 | | conviction is a violation of paragraph (2) of subsection |
24 | | (b) or subsection (b-3).
|
25 | | (4) For one year upon a first conviction of paragraph |
26 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 |
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1 | | of this Code.
|
2 | | (5) For 3 years upon a second conviction of paragraph |
3 | | (3) of subsection
(b) or subsection (b-5) or any |
4 | | combination of paragraphs (2) or (3) of subsection (b) or |
5 | | subsections (b-3) or (b-5) of Section 6-507 of this Code |
6 | | within a 10-year period if the second conviction is a |
7 | | violation of paragraph (3) of subsection (b) or (b-5).
|
8 | | (6) For 5 years upon a third or subsequent conviction |
9 | | of paragraph (3) of
subsection (b) or subsection (b-5) or |
10 | | any combination of paragraphs (2) or (3) of subsection (b) |
11 | | or subsections (b-3) or (b-5) of Section 6-507 of this |
12 | | Code within a 10-year period if the third or subsequent |
13 | | conviction is a violation of paragraph (3) of subsection |
14 | | (b) or (b-5).
|
15 | | (j) Disqualification for railroad-highway grade crossing
|
16 | | violation.
|
17 | | (1) General rule. A driver who is convicted of a |
18 | | violation of a federal,
State, or
local law or regulation |
19 | | pertaining to
one of the following 6 offenses at a |
20 | | railroad-highway grade crossing must be
disqualified
from |
21 | | operating a commercial motor vehicle for the period of |
22 | | time specified in
paragraph (2) of this subsection (j) if |
23 | | the offense was committed while
operating a commercial |
24 | | motor vehicle:
|
25 | | (i) For drivers who are not required to always |
26 | | stop, failing to
slow down and check that the tracks |
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1 | | are clear of an approaching train or railroad track |
2 | | equipment, as
described in subsection (a-5) of Section |
3 | | 11-1201 of this Code;
|
4 | | (ii) For drivers who are not required to always |
5 | | stop, failing to
stop before reaching the crossing, if |
6 | | the tracks are not clear, as described in
subsection |
7 | | (a) of Section 11-1201 of this Code;
|
8 | | (iii) For drivers who are always required to stop, |
9 | | failing to stop
before driving onto the crossing, as |
10 | | described in Section 11-1202 of this Code;
|
11 | | (iv) For all drivers, failing to have sufficient |
12 | | space to drive
completely through the crossing without |
13 | | stopping, as described in subsection
(b) of Section |
14 | | 11-1425 of this Code;
|
15 | | (v) For all drivers, failing to obey a traffic |
16 | | control device or
the directions of an enforcement |
17 | | official at the crossing, as described in
subdivision |
18 | | (a)2 of Section 11-1201 of this Code;
|
19 | | (vi) For all drivers, failing to negotiate a |
20 | | crossing because of
insufficient undercarriage |
21 | | clearance, as described in subsection (d-1) of
Section |
22 | | 11-1201 of this Code.
|
23 | | (2) Duration of disqualification for railroad-highway |
24 | | grade
crossing violation.
|
25 | | (i) First violation. A driver must be disqualified |
26 | | from operating a
commercial motor vehicle
for not less |
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1 | | than 60 days if the driver is convicted of a violation |
2 | | described
in paragraph
(1) of this subsection (j) and, |
3 | | in the three-year period preceding the
conviction, the |
4 | | driver
had no convictions for a violation described in |
5 | | paragraph (1) of this
subsection (j).
|
6 | | (ii) Second violation. A driver must be |
7 | | disqualified from operating a
commercial
motor vehicle
|
8 | | for not less
than 120 days if the driver is convicted
|
9 | | of a violation described in paragraph (1) of this |
10 | | subsection (j) and, in the
three-year
period preceding |
11 | | the conviction, the driver had one other conviction |
12 | | for a
violation
described in paragraph (1) of this |
13 | | subsection (j) that was committed in a
separate
|
14 | | incident.
|
15 | | (iii) Third or subsequent violation. A driver must |
16 | | be disqualified from
operating a
commercial motor |
17 | | vehicle
for not less than one year if the driver is |
18 | | convicted
of a violation described in paragraph (1) of |
19 | | this subsection (j) and, in the
three-year
period |
20 | | preceding the conviction, the driver had 2 or more |
21 | | other convictions for
violations
described in |
22 | | paragraph (1) of this subsection (j) that were |
23 | | committed in
separate incidents.
|
24 | | (k) Upon notification of a disqualification of a driver's |
25 | | commercial motor vehicle privileges imposed by the U.S. |
26 | | Department of Transportation, Federal Motor Carrier Safety |
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1 | | Administration, in accordance with 49 C.F.R. 383.52, the |
2 | | Secretary of State shall immediately record to the driving |
3 | | record the notice of disqualification and confirm to the |
4 | | driver the action that has been taken.
|
5 | | (l) A foreign commercial driver is subject to |
6 | | disqualification under this Section. |
7 | | (Source: P.A. 98-122, eff. 1-1-14; 98-176 (see Section 10 of |
8 | | P.A. 98-722 and Section 10 of P.A. 99-414 for the effective |
9 | | date of changes made by P.A. 98-176); 98-722, eff. 7-16-14; |
10 | | 98-756, eff. 7-16-14; 98-1172, eff. 1-12-15; 99-697, eff. |
11 | | 7-29-16.)
|
12 | | (625 ILCS 5/6-516) (from Ch. 95 1/2, par. 6-516)
|
13 | | Sec. 6-516. Implied consent requirements for commercial |
14 | | motor vehicle
drivers. |
15 | | (a) Effective April 1, 1992, any person who drives a |
16 | | commercial motor
vehicle upon the highways is hereby deemed to |
17 | | have given consent to submit
to a test or tests, subject to the |
18 | | provisions of Section 11-501.2 of this Code,
of such person's |
19 | | breath, blood or urine for the purpose of determining the
|
20 | | presence of alcohol, or other drugs, in such person's system.
|
21 | | (b) A test or tests may be administered at the direction of |
22 | | a law
enforcement officer, who after stopping or detaining the |
23 | | commercial motor
vehicle driver, has probable cause to believe |
24 | | that driver was driving a
commercial motor vehicle while |
25 | | having alcohol or any amount of a drug,
substance, or compound |
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1 | | resulting from the unlawful use or consumption of
cannabis |
2 | | listed in the Cannabis Control Act, a controlled substance |
3 | | listed in
the Illinois Controlled Substances Act, or |
4 | | methamphetamine as listed in the Methamphetamine Control and |
5 | | Community Protection Act in such driver's system.
|
6 | | (c) Effective April 1, 1992, any person who operates a |
7 | | school bus at
the time of a crash an accident involving the |
8 | | school bus is hereby deemed to have
given consent to submit to |
9 | | a test or tests to be administered at the
direction of a law |
10 | | enforcement officer, subject to the provisions of
Section |
11 | | 11-501.2 of this Code, of the driver's breath, blood or urine |
12 | | for
the purpose of determining the presence of alcohol, or |
13 | | other drugs, in the
person's system.
|
14 | | (Source: P.A. 95-355, eff. 1-1-08.)
|
15 | | (625 ILCS 5/6-703) (from Ch. 95 1/2, par. 6-703)
|
16 | | Sec. 6-703. Effect of Conviction.
|
17 | | (a) The licensing authority in the home state, for the |
18 | | purposes of
suspension, revocation or limitation of the |
19 | | license to operate a motor
vehicle, shall give the same effect |
20 | | to the conduct reported, pursuant to
Section 6-702, as it |
21 | | would if such conduct had occurred in the home state,
in the |
22 | | case of convictions for:
|
23 | | 1. Manslaughter or negligent homicide resulting from the |
24 | | operation of a
motor vehicle;
|
25 | | 2. Driving a motor vehicle while under the influence of |
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1 | | intoxicating
liquor or a narcotic drug, or under the influence |
2 | | of any other drug to a
degree which renders the driver |
3 | | incapable of safely driving a motor
vehicle;
|
4 | | 3. Any felony in the commission of which a motor vehicle is |
5 | | used;
|
6 | | 4. Failure to stop and render aid in the event of a motor |
7 | | vehicle
crash accident resulting in the death or personal |
8 | | injury of another.
|
9 | | (b) As to other convictions, reported pursuant to Section |
10 | | 6-702, the
licensing authority in the home state shall give |
11 | | such effect to the conduct
as is provided by the laws of the |
12 | | home state.
|
13 | | (c) If the laws of a party state do not provide for |
14 | | offenses or
violations denominated or described in precisely |
15 | | the words employed in
paragraph (a) of this Section, such |
16 | | party state shall construe the
denominations and descriptions |
17 | | appearing in paragraph (a) hereof as being
applicable to and |
18 | | identifying those offenses or violations of a
substantially |
19 | | similar nature, and the laws of such party state shall
contain |
20 | | such provision as may be necessary to ensure that full force |
21 | | and
effect is given to this Section.
|
22 | | (Source: P.A. 76-1615.)
|
23 | | (625 ILCS 5/6-1002) |
24 | | Sec. 6-1002. Enhanced skills driving school |
25 | | qualifications. In order to qualify for a license to operate |
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1 | | an enhanced skills driving school, each applicant must: |
2 | | (1) Be of good moral character; |
3 | | (2) Be at least 21 years of age; |
4 | | (3) Maintain bodily injury and property damage |
5 | | liability insurance on motor vehicles while used in |
6 | | driving instruction, insuring the liability of the driving |
7 | | school, the driving instructors and any person taking |
8 | | instruction in at least the following amounts: $500,000 |
9 | | for bodily injury to or death of one person in any one |
10 | | crash accident and, subject to said limit for one person, |
11 | | $1,000,000 for bodily injury to or death of 2 or more |
12 | | persons in any one crash accident and the amount of |
13 | | $100,000 for damage to property of others in any one crash |
14 | | accident . Evidence of such insurance coverage in the form |
15 | | of a certificate from the insurance carrier shall be filed |
16 | | with the Secretary of State, and such certificate shall |
17 | | stipulate that the insurance shall not be cancelled except |
18 | | upon 10 days' prior written notice to the Secretary of |
19 | | State; |
20 | | (4) Have the equipment necessary to the giving of |
21 | | proper instruction in the operation of motor vehicles; and |
22 | | (5) Pay to the Secretary of State an application fee |
23 | | of $500 and $50 for each branch application.
|
24 | | (Source: P.A. 96-740, eff. 1-1-10.)
|
25 | | (625 ILCS 5/6-1004) |
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1 | | Sec. 6-1004. Qualifications of enhanced skills driving |
2 | | school instructors. In order to qualify for a license as an |
3 | | instructor for an enhanced skills driving school, an applicant |
4 | | must: |
5 | | (1) Be of good moral character; |
6 | | (2) Have never been convicted of driving while under |
7 | | the influence of alcohol, other drugs, or a combination |
8 | | thereof; leaving the scene of a crash an accident ; |
9 | | reckless homicide or reckless driving; |
10 | | (3) Be physically able to operate safely a motor |
11 | | vehicle and to train others in the operation of motor |
12 | | vehicles; |
13 | | (4) Hold a valid drivers license; and |
14 | | (5) Pay to the Secretary of State an application and |
15 | | license fee of $70.
|
16 | | (Source: P.A. 96-740, eff. 1-1-10.)
|
17 | | (625 ILCS 5/6-1009) |
18 | | Sec. 6-1009. Denial, cancellation, suspension, revocation, |
19 | | and failure to renew license. The Secretary may deny, cancel, |
20 | | suspend or revoke, or refuse to renew any enhanced skills |
21 | | driving school license or any enhanced skills driving school |
22 | | instructor license: |
23 | | (1) When the Secretary is satisfied that the licensee |
24 | | fails to meet the requirements to receive or hold a |
25 | | license under this Code; |
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1 | | (2) Whenever the licensee fails to keep records |
2 | | required by this Code or by any rule prescribed by the |
3 | | Secretary; |
4 | | (3) Whenever the licensee fails to comply with any |
5 | | provision of this Code or any rule of the Secretary made |
6 | | pursuant thereto; |
7 | | (4) Whenever the licensee represents himself or |
8 | | herself as an agent or employee of the Secretary or uses |
9 | | advertising designed to lead or which would reasonably |
10 | | have the effect of leading persons to believe that such |
11 | | licensee is in fact an employee or representative of the |
12 | | Secretary; |
13 | | (5) Whenever the licensee or any employee or agent of |
14 | | the licensee solicits driver training or instruction in an |
15 | | office of any department of the Secretary of State having |
16 | | to do with the administration of any law relating to motor |
17 | | vehicles, or within 1,500 feet of any such office; or |
18 | | (6) Whenever the licensee is convicted of driving |
19 | | while under the influence of alcohol, other drugs, or a |
20 | | combination thereof; leaving the scene of a crash an |
21 | | accident ; reckless homicide or reckless driving.
|
22 | | (Source: P.A. 96-740, eff. 1-1-10.)
|
23 | | (625 ILCS 5/Ch. 7 Art. II heading) |
24 | | ARTICLE II. SECURITY FOLLOWING CRASH ACCIDENT
|
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1 | | (625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201)
|
2 | | Sec. 7-201. Application of Article II. The Administrator |
3 | | as soon as practicable after the receipt of the
report, |
4 | | required to be filed under Sections 11-406 and 11-410, of a |
5 | | motor
vehicle crash accident occurring within this State and |
6 | | that has resulted in
bodily injury or death of any person or |
7 | | that damage to the property of
any one person in excess of |
8 | | $1,500 (or $500 if any of the vehicles involved in the crash |
9 | | accident is subject to Section 7-601 but is not covered by a |
10 | | liability insurance policy in accordance with Section 7-601) |
11 | | was sustained, shall determine:
|
12 | | 1. Whether Section 7-202 of this Code requires the |
13 | | deposit of security by
or on behalf of any person who was |
14 | | the operator or owner of any motor
vehicle in any manner |
15 | | involved in the crash accident ; and
|
16 | | 2. What amount of security shall be sufficient to |
17 | | satisfy any potential
judgment or judgments for money |
18 | | damages resulting from the crash accident as may
be |
19 | | recovered against the operator or owner, which amount |
20 | | shall in no event
be less than $1,500 (or $500 if any of |
21 | | the vehicles involved in the crash accident is subject to |
22 | | Section 7-601 but is not covered by a liability insurance |
23 | | policy in accordance with Section 7-601).
|
24 | | (Source: P.A. 95-754, eff. 1-1-09.)
|
25 | | (625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1)
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1 | | Sec. 7-201.1.
If the Administrator has not received a |
2 | | report required
to be filed under Sections 11-406 and 11-410, |
3 | | or if the information
contained in a report is insufficient, |
4 | | the Administrator shall send to the
person required to file |
5 | | the report a written request for the missing report
or the |
6 | | missing information. The Administrator shall send such request |
7 | | no
later than 45 days after the crash accident or 7 days after |
8 | | receiving information
that such crash accident has occurred, |
9 | | whichever is later.
|
10 | | If the request is sent to a driver involved in a crash an |
11 | | accident , the request
or an attachment thereto shall contain |
12 | | in bold print a warning that failure
to comply with the request |
13 | | within 15 days may result in the suspension of
the driver's |
14 | | license.
|
15 | | (Source: P.A. 84-797.)
|
16 | | (625 ILCS 5/7-201.2) (from Ch. 95 1/2, par. 7-201.2)
|
17 | | Sec. 7-201.2.
The Administrator, within 30 days after |
18 | | compiling
sufficient information on a motor vehicle crash |
19 | | accident , shall certify to the
Secretary of State the name of |
20 | | each owner and the name of each operator of
any vehicle |
21 | | involved in the crash accident , his determination that |
22 | | security is
required under this Code, and the amount of the |
23 | | security. The
Administrator also shall supply to the Secretary |
24 | | of State a copy of any
crash accident report requested by the |
25 | | Secretary.
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1 | | The Administrator shall send a copy of the certification |
2 | | to each person
whose name is certified. The copy, or an |
3 | | attachment thereto, shall contain
in bold print an explanation |
4 | | that, because the person did not furnish the
Department of |
5 | | Transportation with evidence that he or she is insured or
|
6 | | otherwise able to pay for damages resulting from the crash |
7 | | accident , the person's
name has been forwarded to the |
8 | | Secretary of State for possible suspension
of his or her |
9 | | driver's license.
|
10 | | (Source: P.A. 84-797.)
|
11 | | (625 ILCS 5/7-202) (from Ch. 95 1/2, par. 7-202)
|
12 | | Sec. 7-202. Exceptions to requirements of security. (a) |
13 | | The requirements
as to security and suspension as provided by |
14 | | Sections 7-201 and 7-205 shall not apply:
|
15 | | 1. To the driver or owner if such owner had in effect at |
16 | | the time of such
motor vehicle crash accident a liability |
17 | | policy covering such driver and owner
with respect to the |
18 | | vehicle involved in such motor vehicle crash
accident ;
|
19 | | 2. To the driver, if not the owner of such vehicle, if |
20 | | there
was in effect at the time of such motor vehicle crash |
21 | | accident a liability policy
or bond with respect to the |
22 | | operation of motor vehicles not owned by the driver;
|
23 | | 3. To the driver or owner if the liability of such driver |
24 | | or owner for
damages resulting from such motor vehicle crash |
25 | | accident is covered by any other
form of liability insurance |
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1 | | policy or bond;
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2 | | 4. To the driver or owner, if such owner is qualified as a
|
3 | | self-insurer as provided in Section 7-502;
|
4 | | 5. To the owner if such owner at the time of such motor |
5 | | vehicle crash accident
was in compliance with Section 8-101 or |
6 | | Section 9-101;
|
7 | | 6. To the driver or owner if such owner at the time of such |
8 | | motor vehicle crash
accident was in compliance with the |
9 | | Federal Revised Interstate Commerce Act
(P.L. 95-473), as now |
10 | | or hereafter amended;
|
11 | | 7. To the owner if the vehicle involved in such motor |
12 | | vehicle crash accident
was owned by the United States, this |
13 | | State or any political sub-division of
this State, any |
14 | | municipality therein, or any local Mass Transit District;
|
15 | | 8. To the driver or the owner of a vehicle involved in a |
16 | | motor vehicle
crash accident wherein no injury or damage was |
17 | | caused to the person or
property of any one other than such |
18 | | driver or owner;
|
19 | | 9. To the driver or the owner of a vehicle which at the |
20 | | time of the motor
vehicle crash accident was parked, unless |
21 | | such vehicle was parked at a place where
parking was at the |
22 | | time of the crash accident prohibited under any applicable
law |
23 | | or ordinance;
|
24 | | 10. To the owner of a vehicle if at the time of the motor |
25 | | vehicle crash accident
the vehicle was being operated without |
26 | | his permission, express or implied,
or was parked by a person |
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1 | | who had been operating such motor
vehicle without such |
2 | | permission;
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3 | | 11. To the driver, if not the owner, of a commercial motor |
4 | | vehicle on
which there was no liability policy or bond with |
5 | | respect to the
operation of such vehicle in effect at the time |
6 | | of the motor vehicle crash accident
when the driver was |
7 | | operating the vehicle in
the course of the driver's employment |
8 | | and had
no actual knowledge of such lack of a liability policy |
9 | | or bond prior to
the motor vehicle crash accident .
|
10 | | (b) If at the time of the motor vehicle crash accident , an |
11 | | owner or
driver is covered by a motor vehicle liability policy |
12 | | or bond meeting the
requirements of this Code, such owner or |
13 | | driver shall be exempt
from suspension under Section 7-205 as |
14 | | to that motor vehicle crash accident ,
if the company issuing |
15 | | the policy or bond has failed, and such policy or
bond was not |
16 | | effective at the time of the motor vehicle crash accident or
|
17 | | any time thereafter, provided, that the owner or driver had no |
18 | | knowledge
of the company's failure prior to the motor vehicle |
19 | | crash accident , and such
owner or driver has secured within 30 |
20 | | days after learning of such failure
another liability policy |
21 | | or bond meeting the requirements of the Code relating
to |
22 | | future occurrences or motor vehicle crashes accidents .
|
23 | | As used in this paragraph, the words "failed" or "failure"
|
24 | | mean that the company has suspended operations by order of a |
25 | | court.
|
26 | | (Source: P.A. 85-293.)
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1 | | (625 ILCS 5/7-203) (from Ch. 95 1/2, par. 7-203)
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2 | | Sec. 7-203. Requirements as to policy or bond. No such |
3 | | policy or bond referred to in Section 7-202 shall
be effective |
4 | | under this Section unless issued by an insurance company or
|
5 | | surety company authorized to do business in this State, except |
6 | | that if
such motor vehicle was not registered in this State, or |
7 | | was a motor
vehicle which was registered elsewhere than in |
8 | | this State at the
effective date of the policy or bond, or the |
9 | | most recent renewal
thereof, such policy or bond shall not be |
10 | | effective under this Section
unless the insurance company or |
11 | | surety company, if not authorized to do
business in this |
12 | | State, shall execute a power of attorney authorizing
the |
13 | | Secretary of State to accept service on its behalf of notice or
|
14 | | process in any action upon such policy or bond arising out of |
15 | | such
motor vehicle crash accident . However, every such policy |
16 | | or bond is subject, if
the motor vehicle crash accident has |
17 | | resulted in bodily injury or death, to
a limit, exclusive of |
18 | | interest and costs, of not less than $25,000 because of
bodily |
19 | | injury to or death of any one person in any one motor vehicle
|
20 | | crash accident and, subject to said limit for one person, to a |
21 | | limit of not less than
$50,000 because of bodily injury to or |
22 | | death of 2 or more persons
in any one motor vehicle crash |
23 | | accident , and, if the motor vehicle crash accident
has |
24 | | resulted in injury to or destruction of property, to a limit of |
25 | | not
less than $20,000 because of injury to or destruction of
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1 | | property of others
in any one motor vehicle crash accident . |
2 | | The changes to this Section made by this amendatory Act of the |
3 | | 98th General Assembly apply only to policies issued or renewed |
4 | | on or after January 1, 2015.
|
5 | | Upon receipt of a written motor vehicle crash accident
|
6 | | report from the Administrator the insurance company or surety |
7 | | company
named in such notice shall notify the Administrator |
8 | | within such time and
in such manner as the Administrator may |
9 | | require, in case such policy or
bond was not in effect at the |
10 | | time of such motor vehicle crash accident .
|
11 | | (Source: P.A. 98-519, eff. 1-1-15 .)
|
12 | | (625 ILCS 5/7-204) (from Ch. 95 1/2, par. 7-204)
|
13 | | Sec. 7-204. Form and amount of security - Definition.
|
14 | | (A) Any security required to be deposited under this Act |
15 | | shall be in
the form as the Secretary of State may require by |
16 | | administrative rule, and
in the amounts as the
Administrator |
17 | | may determine to be sufficient to satisfy any judgment or
|
18 | | judgments for damages against an operator or owner but in no |
19 | | case in excess
of the limits specified in Section 7-203 of this |
20 | | Act in reference to the
acceptable limits of a policy or bond |
21 | | nor for an amount less than $1,500 (or $500 if any of the |
22 | | vehicles involved in the crash accident is subject to Section |
23 | | 7-601 but is not covered by a liability insurance policy in |
24 | | accordance with Section 7-601).
|
25 | | (B) The person depositing security shall specify in |
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1 | | writing the person
or persons on whose behalf the deposit is |
2 | | made and, while at any time the
deposit is in the custody of |
3 | | the Secretary of State or State Treasurer, the
person |
4 | | depositing it may, in writing, amend the specification of the |
5 | | person
or persons on whose behalf the deposit is made to |
6 | | include an additional
person or persons; provided, however, |
7 | | that a single deposit of security
shall be applicable only on |
8 | | behalf of persons, required to furnish security
because of the |
9 | | same crash accident .
|
10 | | (C) Within 10 days after any security required under the |
11 | | provisions of
this Article is deposited with the Secretary of |
12 | | State, the Secretary shall
send notice of the security deposit |
13 | | to the following, if known:
|
14 | | 1. To each owner and operator of any vehicle involved |
15 | | in the crash accident
that sustained damage in excess of |
16 | | $1,500 (or $500 if any of the vehicles involved in the |
17 | | crash accident is subject to Section 7-601 but is not |
18 | | covered by a liability insurance policy in accordance with |
19 | | Section 7-601);
|
20 | | 2. To any person who sustained damage to personal or |
21 | | real property in
excess of $1,500 (or $500 if any of the |
22 | | vehicles involved in the crash accident is subject to |
23 | | Section 7-601 but is not covered by a liability insurance |
24 | | policy in accordance with Section 7-601);
|
25 | | 3. To any person who was injured as a result of the |
26 | | crash accident ; and
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1 | | 4. To the estate of any person killed as a result of |
2 | | the crash accident .
|
3 | | (Source: P.A. 95-754, eff. 1-1-09.)
|
4 | | (625 ILCS 5/7-208) (from Ch. 95 1/2, par. 7-208)
|
5 | | Sec. 7-208. Agreements for payment of damages. (a) Any 2
|
6 | | or more of the persons involved in
a motor vehicle crash |
7 | | accident subject
to the provisions of Section 7-201 or their |
8 | | authorized representatives,
may at any time enter into a
|
9 | | written agreement for the payment of an agreed amount in |
10 | | installments, with
respect to all claims for injuries or |
11 | | damages resulting from the motor
vehicle crash accident .
|
12 | | (b) The Secretary of State, to the extent provided by any
|
13 | | such written agreement properly filed with him, shall not |
14 | | require the
deposit of security and shall terminate any prior |
15 | | order of suspension, or,
if security has
previously been |
16 | | deposited, the Secretary of State shall immediately return
|
17 | | such security to the depositor or an appropriate personal |
18 | | representative.
|
19 | | (c) In the event of a default in any payment under such |
20 | | agreement
and upon notice of such default the Secretary of |
21 | | State shall forthwith suspend
the driver's license and |
22 | | registration, or nonresident's
operating privileges, of such |
23 | | person in default which shall not be restored
unless and |
24 | | until:
|
25 | | 1. Such person deposits and thereafter maintains |
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1 | | security
as required under Section 7-201 in such amount as |
2 | | the Secretary of State
may then determine,
|
3 | | 2. Two years have elapsed since the acceptance of the |
4 | | notice of
default by the Secretary of State and
during |
5 | | such period no action upon such agreement has been |
6 | | instituted in
any court having jurisdiction, or
|
7 | | 3. The person enters into a second written agreement |
8 | | for the payment of an
agreed amount in installments with |
9 | | respect to all claims for injuries or
damages resulting |
10 | | from the motor vehicle crash accident .
|
11 | | (Source: P.A. 90-774, eff. 8-14-98.)
|
12 | | (625 ILCS 5/7-209) (from Ch. 95 1/2, par. 7-209)
|
13 | | Sec. 7-209. Payment upon judgment. The payment of a |
14 | | judgment arising out
of a motor vehicle crash accident or the |
15 | | payment upon such judgment
of an amount equal to the maximum |
16 | | amount which could be required for deposit
under this Article |
17 | | shall for the purposes of this Code be
deemed satisfied.
|
18 | | (Source: P.A. 83-831.)
|
19 | | (625 ILCS 5/7-211) (from Ch. 95 1/2, par. 7-211)
|
20 | | Sec. 7-211. Duration of suspension.
|
21 | | (a) Unless a suspension is terminated
under other |
22 | | provisions of this Code, the driver's license or registration
|
23 | | and nonresident's operating privilege suspended as provided in |
24 | | Section
7-205 shall remain suspended and shall not be renewed |
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1 | | nor shall any
license or registration be issued to the person |
2 | | until:
|
3 | | 1. The person deposits or there shall
be deposited and |
4 | | filed on
the person's behalf the security required under |
5 | | Section 7-201;
|
6 | | 2. Two years have elapsed following the date the |
7 | | driver's license
and registrations were suspended and |
8 | | evidence satisfactory to the Secretary
of State that |
9 | | during the period no action for damages arising
out of a
|
10 | | motor vehicle crash accident has been properly filed;
|
11 | | 3. Receipt of proper notice that the person has filed |
12 | | bankruptcy which
would include all claims for personal |
13 | | injury and property damage resulting
from the crash |
14 | | accident ;
|
15 | | 4. After the expiration of 5 years from the date of the |
16 | | crash accident , the
Secretary of State has not received |
17 | | documentation that any action at law
for damages arising |
18 | | out of the motor vehicle crash accident has been filed |
19 | | against
the person; or |
20 | | 5. The statute of limitations has expired and the |
21 | | person seeking reinstatement provides evidence |
22 | | satisfactory to the Secretary of State that, during the |
23 | | statute of limitations period, no action for damages |
24 | | arising out of a motor vehicle crash accident has been |
25 | | properly filed.
|
26 | | An affidavit that no action at law for damages arising
out |
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1 | | of the motor vehicle crash accident has been filed against the |
2 | | applicant,
or if filed that it is not still pending shall be |
3 | | prima facie evidence
of that fact. The Secretary of State may |
4 | | take whatever steps are necessary
to verify the statement set |
5 | | forth in the applicant's affidavit.
|
6 | | (b) The driver's license or registration and nonresident's |
7 | | operating
privileges suspended as provided in Section 7-205 |
8 | | shall also remain suspended
and shall not be renewed nor shall |
9 | | any license or registration be issued to the
person until the |
10 | | person gives proof of his or her financial responsibility in
|
11 | | the future as provided in Section 1-164.5. The proof is to be
|
12 | | maintained by the
person in a manner satisfactory to the |
13 | | Secretary of State for a period of 3
years after the date the |
14 | | proof is first filed.
|
15 | | (Source: P.A. 102-52, eff. 1-1-22 .)
|
16 | | (625 ILCS 5/7-212) (from Ch. 95 1/2, par. 7-212)
|
17 | | Sec. 7-212. Authority of Administrator and Secretary of |
18 | | State to decrease
amount of
security. The Administrator may |
19 | | reduce the amount of security ordered in any
case
within one |
20 | | year after the date of the crash accident , but in no event for |
21 | | an
amount less than $1,500 (or $500 if any of the vehicles |
22 | | involved in the crash accident is subject to Section 7-601 but |
23 | | is not covered by a liability insurance policy in accordance |
24 | | with Section 7-601), if, in the judgment of the Administrator |
25 | | the amount
ordered is excessive, or may revoke or rescind its |
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1 | | order requiring the
deposit of security in any case within one |
2 | | year after the date of the
crash accident if, in the judgment |
3 | | of the Administrator, the provisions of
Sections 7-202 and |
4 | | 7-203 excuse or exempt the operator or owner from the
|
5 | | requirement of the deposit. In case the security originally |
6 | | ordered has
been deposited the excess of the reduced amount |
7 | | ordered shall be returned
to the depositor or his or her |
8 | | personal representative forthwith, notwithstanding
the |
9 | | provisions of Section 7-214. The Secretary of State likewise |
10 | | shall have
authority granted to the Administrator to reduce |
11 | | the amount of security
ordered by the Administrator.
|
12 | | (Source: P.A. 95-754, eff. 1-1-09.)
|
13 | | (625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
|
14 | | Sec. 7-214. Disposition of security. Such security shall |
15 | | be applicable only to the payment of a judgment or
judgments, |
16 | | rendered against the person or persons on whose behalf the
|
17 | | deposit was made, for damages arising out of the crash |
18 | | accident in question, in
an action at law, begun not later than |
19 | | the later of
(i)
the expiration of the relevant statute of |
20 | | limitations
or (ii) 2 years after the
date of any default in |
21 | | any payment under an installment agreement for payment
of |
22 | | damages, and such deposit or any balance thereof shall be |
23 | | returned to the
depositor or his or her personal |
24 | | representative when evidence satisfactory to the
Secretary of |
25 | | State has been filed with him:
|
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1 | | 1. that there has been a release from liability, or a |
2 | | final adjudication
of non-liability; or
|
3 | | 2. a duly acknowledged written agreement in accordance |
4 | | with Section
7-208 of this Act; or
|
5 | | 3. whenever after the expiration of the statute of |
6 | | limitations
or (ii) 2 years after the date of
any default |
7 | | in any payment under an installment agreement for payment |
8 | | of
damages, the Secretary of State shall be given |
9 | | reasonable evidence that
there is no such action pending |
10 | | and no judgment rendered in such action
left unpaid.
|
11 | | If, after releasing security to a judgment debtor or |
12 | | claimant, the balance of the security posted with the |
13 | | Secretary is $5 or less, the balance shall be transferred to |
14 | | the General Revenue Fund. The
Secretary shall compile a list |
15 | | of all security amounts of $5 or less annually in July and |
16 | | shall certify that amount to the State Comptroller. As soon as |
17 | | possible after receiving the certification, the State |
18 | | Comptroller shall order transferred and the State Treasurer |
19 | | shall transfer the amount certified to the General Revenue |
20 | | Fund. |
21 | | (Source: P.A. 102-52, eff. 1-1-22 .)
|
22 | | (625 ILCS 5/7-216) (from Ch. 95 1/2, par. 7-216)
|
23 | | Sec. 7-216. Reciprocity; residents and nonresidents; |
24 | | licensing of nonresidents. |
25 | | (a) When
a nonresident's operating privilege is suspended
|
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1 | | pursuant to Section 7-205 the Secretary of State shall |
2 | | transmit a certified
copy of the record of such action to the |
3 | | official in charge of the issuance
of driver's license and |
4 | | registration certificates in the state in which
such |
5 | | nonresident resides, if the law of such other
state provides |
6 | | for action in relation thereto similar to that provided for
in |
7 | | subsection (b).
|
8 | | (b) Upon receipt of such certification that the operating
|
9 | | privilege of a resident of this State has been suspended or |
10 | | revoked in any such other
state pursuant to a law providing for |
11 | | its suspension or revocation for
failure to deposit security |
12 | | for the payment of judgments arising out of a
motor vehicle |
13 | | crash accident , or for failure to deposit security under
|
14 | | circumstances which would require the Secretary of State to |
15 | | suspend a
nonresident's operating privilege had the motor
|
16 | | vehicle crash accident occurred in this State, the Secretary |
17 | | of State shall
suspend the driver's license of such resident |
18 | | and all other registrations.
Such suspension shall continue |
19 | | until such resident
furnishes evidence of compliance with the |
20 | | law of such other state
relating to the deposit of such |
21 | | security.
|
22 | | (c) In case the operator or the owner of a motor vehicle |
23 | | involved
in a motor vehicle crash accident within this State |
24 | | has no driver's
license or registration, such operator shall |
25 | | not be allowed a
driver's license or registration until the |
26 | | operator has complied
with the requirements of Sections 7-201 |
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1 | | through 7-216 to the same extent that would be
necessary if, at |
2 | | the time of the motor vehicle crash accident , such operator
|
3 | | had held a license and registration.
|
4 | | (Source: P.A. 100-863, eff. 8-14-18.)
|
5 | | (625 ILCS 5/7-303) (from Ch. 95 1/2, par. 7-303)
|
6 | | Sec. 7-303. Suspension of driver's licenses, registration
|
7 | | certificates, license plates or digital license plates, and |
8 | | registration stickers or digital registration stickers for |
9 | | failure to satisfy
judgment. |
10 | | (a) The Secretary of State shall, except as provided in |
11 | | paragraph
(d), suspend the driver's license issued to any
|
12 | | person upon receiving an authenticated report as hereinafter |
13 | | provided for
in Section 7-307 that the
person has failed for a |
14 | | period of 30 days to satisfy any final
judgment in amounts as |
15 | | hereinafter stated, and shall also suspend the
registration |
16 | | certificate, license plates or digital license plates, and |
17 | | registration
sticker or digital registration sticker of the |
18 | | judgment debtor's motor vehicle involved in the crash as |
19 | | indicated in the authenticated report.
|
20 | | (b) The term "judgment" shall mean: A final judgment of |
21 | | any court of
competent jurisdiction of any State, against a |
22 | | person as defendant for
damages on account of bodily injury to |
23 | | or death of any person or damages to
property resulting from |
24 | | the operation, on and after July 12, 1938, of any
motor |
25 | | vehicle.
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1 | | (c) The term "State" shall mean: Any State, Territory, or |
2 | | possession of
the United States, the District of Columbia, or |
3 | | any province of the
Dominion of Canada.
|
4 | | (d) The Secretary of State shall not suspend the driver's
|
5 | | license, registration certificates, registration stickers or |
6 | | digital registration stickers, or license
plates or digital |
7 | | license plates of the judgment debtor, nor shall such judgment |
8 | | debtor be subject
to the suspension provisions of Sections |
9 | | 7-308 and 7-309 if all the following
conditions are met:
|
10 | | 1. At the time of the motor vehicle crash accident |
11 | | which gave
rise to the unsatisfied
judgment the judgment |
12 | | debtor was covered by a motor vehicle liability
policy or |
13 | | bond meeting the requirements of this Chapter;
|
14 | | 2. The insurance company which issued the policy or |
15 | | bond has failed and
has suspended operations by order of a |
16 | | court;
|
17 | | 3. The judgment debtor had no knowledge of the |
18 | | insurance company's
failure prior to the motor vehicle |
19 | | crash accident ;
|
20 | | 4. Within 30 days after learning of the insurance |
21 | | company's failure the
judgment debtor secured another |
22 | | liability policy or bond meeting the
requirements of this |
23 | | Article relating to future occurrences or crashes |
24 | | accidents ;
|
25 | | 5. The insurance company which issued the motor |
26 | | vehicle liability
policy or bond that covered the judgment |
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1 | | debtor at the time of the motor
vehicle crash accident is |
2 | | unable to satisfy the judgment in the amounts specified
in |
3 | | Section 7-311;
|
4 | | 6. The judgment debtor presents to the Secretary of |
5 | | State such
certified documents or other proofs as the |
6 | | Secretary of State may require
that all of the conditions |
7 | | set forth in this Section have been met.
|
8 | | (Source: P.A. 101-395, eff. 8-16-19.)
|
9 | | (625 ILCS 5/7-309) (from Ch. 95 1/2, par. 7-309)
|
10 | | Sec. 7-309. Suspension to continue until judgments paid |
11 | | and proof given.
|
12 | | (a) The suspension of such driver's license, license |
13 | | plates
and registration stickers shall remain in effect and no |
14 | | other vehicle shall
be registered in the name of such judgment |
15 | | debtor, nor any new license issued
to such person (including |
16 | | any such person not previously licensed), unless
and until the |
17 | | Secretary of State receives authenticated documentation that
|
18 | | such judgment is satisfied, or dormant as provided for in |
19 | | Section 12-108 of
the Code of Civil Procedure, as now or |
20 | | hereafter amended, or stayed by
court order, and the judgment |
21 | | debtor gives proof of financial
responsibility, as hereinafter |
22 | | provided. The Secretary of State may
terminate the suspension |
23 | | of such person's driver's license,
license plates
and |
24 | | registration stickers and no proof of financial responsibility |
25 | | shall be
required on any existing suspensions under this |
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1 | | Article which are more than 20
years old.
|
2 | | (b) Whenever, after one judgment is satisfied and proof of |
3 | | financial
responsibility is given as herein required, another |
4 | | such judgment is
rendered against the judgment debtor for any |
5 | | motor vehicle crash accident
occurring prior to the date of |
6 | | the giving of said proof and such person
fails to satisfy the |
7 | | latter judgment within the amounts specified herein
within 30 |
8 | | days after the same becomes final, then the Secretary of State
|
9 | | shall again suspend the driver's license of such judgment |
10 | | debtor and shall
again suspend the registration of any vehicle |
11 | | registered in the name of
such judgment debtor as owner. Such |
12 | | driver's license and registration
shall not be renewed nor |
13 | | shall a driver's license and registration of any
vehicle be |
14 | | issued to such judgment debtor while such latter judgment
|
15 | | remains in effect and unsatisfied within the amount specified |
16 | | herein.
|
17 | | (Source: P.A. 90-655, eff. 7-30-98.)
|
18 | | (625 ILCS 5/7-310) (from Ch. 95 1/2, par. 7-310)
|
19 | | Sec. 7-310. Petition for discharge filed in bankruptcy. A
|
20 | | petition for discharge filed in bankruptcy following the |
21 | | rendering of any judgment shall
relieve the judgment debtor |
22 | | from the requirements of this Chapter 7, except that the |
23 | | judgment debtor's drivers license shall remain suspended and |
24 | | may not be renewed, and the judgment debtor may not be issued a |
25 | | license or registration, until the judgment debtor gives proof |
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1 | | of his or her financial responsibility in the future, as |
2 | | provided in Section 1-164.5. The proof is to be maintained by |
3 | | the judgment debtor, in a manner satisfactory to the Secretary |
4 | | of State, for a period of 3 years after the date on which the |
5 | | proof is first filed.
|
6 | | A petition for discharge filed in bankruptcy of the owner
|
7 | | or lessee of a commercial vehicle by whom the judgment debtor |
8 | | is employed
at the time of the motor vehicle crash accident |
9 | | that gives rise to the
judgment
also shall relieve the |
10 | | judgment debtor so employed from any of the
requirements of |
11 | | this Chapter 7 if the discharge of the owner or lessee
follows |
12 | | the rendering of the judgment and if the judgment debtor
so |
13 | | employed
was operating the commercial vehicle in connection |
14 | | with his or her
regular employment or occupation at the time of |
15 | | the crash accident .
This amendatory
act of 1985 applies to all |
16 | | cases irrespective of whether the crash accident
giving rise |
17 | | to the suspension of license or registration occurred before,
|
18 | | on, or after its effective date.
|
19 | | (Source: P.A. 93-982, eff. 1-1-05.)
|
20 | | (625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
|
21 | | Sec. 7-311. Payments sufficient to satisfy requirements. |
22 | | (a) Judgments herein referred to arising out of motor |
23 | | vehicle crashes accidents
occurring on or after January 1, |
24 | | 2015 (the effective date of Public Act 98-519) shall for the |
25 | | purpose of this
Chapter be deemed satisfied:
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1 | | 1. when $25,000 has been credited upon any judgment or |
2 | | judgments
rendered in excess of that amount for bodily |
3 | | injury to or the death of
one person as the result of any |
4 | | one motor vehicle crash accident ; or
|
5 | | 2. when, subject to said limit of $25,000 as to any one |
6 | | person, the sum
of $50,000 has been credited upon any |
7 | | judgment or judgments rendered
in excess of that amount |
8 | | for bodily injury to or the death of more than
one person |
9 | | as the result of any one motor vehicle crash accident ; or
|
10 | | 3. when $20,000 has been credited upon any judgment or |
11 | | judgments,
rendered in excess of that amount for damages |
12 | | to property of others as a
result of any one motor vehicle |
13 | | crash accident .
|
14 | | The changes to this subsection made by Public Act 98-519 |
15 | | apply only to policies issued or renewed on or after January 1, |
16 | | 2015. |
17 | | (b) Credit for such amounts shall be deemed a satisfaction |
18 | | of any such
judgment or judgments in excess of said amounts |
19 | | only for the purposes of
this Chapter.
|
20 | | (c) Whenever payment has been made in settlement of any |
21 | | claim for bodily
injury, death, or property damage arising |
22 | | from a motor vehicle crash accident
resulting in injury, |
23 | | death, or property damage to two or more persons in
such crash |
24 | | accident , any such payment shall be credited in reduction of |
25 | | the
amounts provided for in this Section.
|
26 | | (Source: P.A. 99-78, eff. 7-20-15; 100-201, eff. 8-18-17.)
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1 | | (625 ILCS 5/7-316) (from Ch. 95 1/2, par. 7-316)
|
2 | | Sec. 7-316.
Certificate furnished by nonresident
as proof. |
3 | | Any nonresident owner of a motor vehicle
not registered in |
4 | | this State may give proof of financial responsibility
by |
5 | | filing with the Secretary of State a certificate or |
6 | | certificates of an
insurance carrier authorized to transact |
7 | | business in the state or province
of the Dominion of Canada in
|
8 | | which the motor vehicle or motor vehicles described in such |
9 | | certificate
are registered, or if such nonresident does
not |
10 | | own a motor vehicle then in the state or province of the |
11 | | Dominion of
Canada in which the insured resides, and otherwise |
12 | | conforming to the provisions
of this Code, and the Secretary |
13 | | of State shall accept the same
if such carrier shall:
|
14 | | 1. Execute a power of attorney authorizing the Secretary |
15 | | of State to accept
service on its behalf of notice of process |
16 | | in any action arising out
of a motor vehicle crash accident in |
17 | | this State;
|
18 | | 2. Duly adopt a resolution which shall be binding upon it |
19 | | declaring that
its policies shall be deemed to be varied to |
20 | | comply with the laws of this
State relating to the terms of |
21 | | motor vehicle liability policies as required
by Section 7-317; |
22 | | and
|
23 | | 3. Agree to accept as final and binding any final judgment |
24 | | duly rendered
in any action arising out of a motor vehicle |
25 | | crash accident in any court of
competent jurisdiction in this |
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1 | | State.
|
2 | | (Source: P.A. 83-831.)
|
3 | | (625 ILCS 5/7-317) (from Ch. 95 1/2, par. 7-317)
|
4 | | Sec. 7-317. "Motor vehicle liability policy" defined. |
5 | | (a)
Certification. -A "motor vehicle liability policy", as |
6 | | that term is
used in this Act, means an "owner's policy" or an |
7 | | "operator's policy" of
liability insurance, certified as |
8 | | provided in Section 7-315 or Section
7-316 as proof of |
9 | | financial responsibility for the future, and issued,
except as |
10 | | otherwise provided in Section 7-316, by an insurance carrier
|
11 | | duly authorized to transact business in this State, to or for |
12 | | the
benefit of the person named therein as insured.
|
13 | | (b) Owner's Policy. --Such owner's policy of liability |
14 | | insurance:
|
15 | | 1. Shall designate by explicit description or by |
16 | | appropriate
reference, all motor vehicles with respect to |
17 | | which coverage is thereby
intended to be granted;
|
18 | | 2. Shall insure the person named therein and any other |
19 | | person using
or responsible for the use of such motor |
20 | | vehicle or vehicles with the
express or implied permission |
21 | | of the insured;
|
22 | | 3. Shall insure every named insured and any other |
23 | | person using or
responsible for the use of any motor |
24 | | vehicle owned by the named insured
and used by such other |
25 | | person with the express or implied permission of
the named |
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1 | | insured on account of the maintenance, use or operation of |
2 | | any
motor vehicle owned by the named insured, within the |
3 | | continental limits
of the United States or the Dominion of |
4 | | Canada against loss from
liability imposed by law arising |
5 | | from such maintenance, use or
operation, to the extent and |
6 | | aggregate amount, exclusive of interest and
cost, with |
7 | | respect to each motor vehicle, of $25,000 for bodily |
8 | | injury
to or death of one person as a result of any one |
9 | | crash accident and, subject
to such limit as to one |
10 | | person, the amount of $50,000 for bodily injury
to or |
11 | | death of all persons as a result of any one crash accident |
12 | | and the
amount of $20,000 for damage to property of others |
13 | | as a result of any
one crash accident . The changes to this |
14 | | paragraph made by this amendatory Act of the 98th General |
15 | | Assembly apply only to policies issued or renewed on or |
16 | | after January 1, 2015.
|
17 | | (c) Operator's Policy. --When an operator's policy is |
18 | | required, it
shall insure the person named therein as insured |
19 | | against the liability
imposed by law upon the insured for |
20 | | bodily injury to or death of any
person or damage to property |
21 | | to the amounts and limits above set forth
and growing out of |
22 | | the use or operation by the insured within the
continental |
23 | | limits of the United States or the Dominion of Canada of any
|
24 | | motor vehicle not owned by him.
|
25 | | (d) Required Statements in Policies. --Every motor vehicle |
26 | | liability
policy must specify the name and address of the |
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1 | | insured, the coverage
afforded by the policy, the premium |
2 | | charged therefor, the policy period,
and the limits of |
3 | | liability, and shall contain an agreement that the
insurance |
4 | | thereunder is provided in accordance with the coverage defined
|
5 | | in this Act, as respects bodily injury and death or property |
6 | | damage or
both, and is subject to all the provisions of this |
7 | | Act.
|
8 | | (e) Policy Need Not Insure Workers' Compensation. --Any |
9 | | liability
policy or policies issued hereunder need not cover |
10 | | any liability of the
insured assumed by or imposed upon the |
11 | | insured under any workers'
compensation law nor any liability |
12 | | for damage to property in charge of
the insured or the |
13 | | insured's employees.
|
14 | | (f) Provisions Incorporated in Policy. --Every motor |
15 | | vehicle
liability policy is subject to the following |
16 | | provisions which need not
be contained therein:
|
17 | | 1. The liability of the insurance carrier under any |
18 | | such policy
shall become absolute whenever loss or damage |
19 | | covered by the policy
occurs and the satisfaction by the |
20 | | insured of a final judgment for such
loss or damage shall |
21 | | not be a condition precedent to the right or
obligation of |
22 | | the carrier to make payment on account of such loss or
|
23 | | damage.
|
24 | | 2. No such policy may be cancelled or annulled as |
25 | | respects any loss
or damage, by any agreement between the |
26 | | carrier and the insured after
the insured has become |
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1 | | responsible for such loss or damage, and any such
|
2 | | cancellation or annulment shall be void.
|
3 | | 3. The insurance carrier shall, however, have the |
4 | | right to settle
any claim covered by the policy, and if |
5 | | such settlement is made in good
faith, the amount thereof |
6 | | shall be deductible from the limits of
liability specified |
7 | | in the policy.
|
8 | | 4. The policy, the written application therefor, if |
9 | | any, and any
rider or endorsement which shall not conflict |
10 | | with the provisions of
this Act shall constitute the |
11 | | entire contract between the parties.
|
12 | | (g) Excess or Additional Coverage. --Any motor vehicle |
13 | | liability
policy may, however, grant any lawful coverage in |
14 | | excess of or in
addition to the coverage herein specified or |
15 | | contain any agreements,
provisions, or stipulations not in |
16 | | conflict with the provisions of this
Act and not otherwise |
17 | | contrary to law.
|
18 | | (h) Reimbursement Provision Permitted. --The policy may |
19 | | provide that
the insured, or any other person covered by the |
20 | | policy shall reimburse
the insurance carrier for payment made |
21 | | on account of any loss or damage
claim or suit involving a |
22 | | breach of the terms, provisions or conditions
of the policy; |
23 | | and further, if the policy shall provide for limits in
excess |
24 | | of the limits specified in this Act, the insurance carrier may
|
25 | | plead against any plaintiff, with respect to the amount of |
26 | | such excess
limits of liability, any defense which it may be |
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1 | | entitled to plead
against the insured.
|
2 | | (i) Proration of Insurance Permitted. --The policy may |
3 | | provide for
the pro-rating of the insurance thereunder with |
4 | | other applicable valid
and collectible insurance.
|
5 | | (j) Binders. --Any binder pending the issuance of any |
6 | | policy, which
binder contains or by reference includes the |
7 | | provisions hereunder shall
be sufficient proof of ability to |
8 | | respond in damages.
|
9 | | (k) Copy of Policy to Be Filed with Department of
|
10 | | Insurance--Approval. --A copy of the form of every motor |
11 | | vehicle
liability policy which is to be used to meet the |
12 | | requirements of this
Act must be filed, by the company |
13 | | offering such policy, with the
Department of Insurance, which |
14 | | shall approve or disapprove the policy
within 30 days of its |
15 | | filing. If the Department approves the policy in
writing |
16 | | within such 30 day period or fails to take action for 30 days,
|
17 | | the form of policy shall be deemed approved as filed. If within |
18 | | the 30
days the Department disapproves the form of policy |
19 | | filed upon the ground
that it does not comply with the |
20 | | requirements of this Act, the
Department shall give written |
21 | | notice of its decision and its reasons
therefor to the carrier |
22 | | and the policy shall not be accepted as proof of
financial |
23 | | responsibility under this Act.
|
24 | | (l) Insurance Carrier Required to File Certificate. --An |
25 | | insurance
carrier who has issued a motor vehicle liability |
26 | | policy or policies or
an operator's policy meeting the |
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1 | | requirements of this Act shall, upon
the request of the |
2 | | insured therein, deliver to the insured for filing,
or at the |
3 | | request of the insured, shall file direct, with the Secretary
|
4 | | of State a certificate, as required by this Act, which shows |
5 | | that such
policy or policies have been issued. No insurance |
6 | | carrier may require
the payment of any extra fee or surcharge, |
7 | | in addition to the insurance
premium, for the execution, |
8 | | delivery or filing of such certificate.
|
9 | | (m) Proof When Made By Endorsement. --Any motor vehicle |
10 | | liability
policy which by endorsement contains the provisions |
11 | | required hereunder
shall be sufficient proof of ability to |
12 | | respond in damages.
|
13 | | (Source: P.A. 98-519, eff. 1-1-15 .)
|
14 | | (625 ILCS 5/7-328) (from Ch. 95 1/2, par. 7-328)
|
15 | | Sec. 7-328. Duration of proof - When proof may be canceled |
16 | | or returned.
The Secretary of State shall upon request cancel |
17 | | any bond or return any
certificate of insurance, or the |
18 | | Secretary of State shall direct and the
State Treasurer shall |
19 | | return to the person entitled thereto any money or
securities, |
20 | | deposited pursuant to this Chapter as proof of financial
|
21 | | responsibility or waive the requirements of filing proof of |
22 | | financial
responsibility in any of the following events:
|
23 | | 1. In the event of the death of the person on whose behalf |
24 | | such proof
was filed, or the permanent incapacity of such |
25 | | person to operate a motor
vehicle;
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1 | | 2. In the event the person who has given proof of financial
|
2 | | responsibility surrenders such person's driver's
license, |
3 | | registration
certificates, license plates and registration |
4 | | stickers, but the Secretary
of State shall not release such |
5 | | proof in the event any action for damages
upon a liability |
6 | | referred to in this Article is then pending
or any judgment |
7 | | upon any such liability is then outstanding and unsatisfied
or |
8 | | in the event the Secretary of State has received notice that |
9 | | such person
has, within the period of 3 months immediately |
10 | | preceding,
been involved as a driver in any motor vehicle |
11 | | crash accident . An affidavit of
the applicant of the |
12 | | nonexistence of such facts shall
be sufficient evidence |
13 | | thereof in the absence of evidence to the contrary
in the |
14 | | records of the Secretary of State. Any person who has
not |
15 | | completed the required 3 year period of proof of financial
|
16 | | responsibility pursuant to Section 7-304, and to whom proof
|
17 | | has been surrendered as provided in this paragraph applies for |
18 | | a driver's
license or the
registration of a motor vehicle |
19 | | shall have the application denied
unless the applicant |
20 | | re-establishes
such proof for the remainder of such period.
|
21 | | 3. In the event that proof of financial responsibility has |
22 | | been
deposited voluntarily, at any time upon request of the |
23 | | person entitled
thereto, provided that the person on whose |
24 | | behalf such proof was given has
not, during the period between |
25 | | the date of the original deposit thereof and
the date of such |
26 | | request, been convicted of any offense for which
revocation is |
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1 | | mandatory as provided in Section 6-205; provided, further,
|
2 | | that no action for damages is pending against such person on |
3 | | whose behalf
such proof of financial responsibility was |
4 | | furnished and no judgment
against such person is outstanding |
5 | | and unsatisfied in respect to bodily
injury, or in respect to |
6 | | damage to property resulting from the ownership,
maintenance, |
7 | | use or operation hereafter of a motor vehicle. An affidavit
of |
8 | | the applicant under this Section shall be sufficient evidence |
9 | | of the facts
in the absence of evidence to the contrary in the |
10 | | records of the Secretary
of State.
|
11 | | (Source: P.A. 85-321.)
|
12 | | (625 ILCS 5/7-329) (from Ch. 95 1/2, par. 7-329)
|
13 | | Sec. 7-329. Proof of financial responsibility made |
14 | | voluntarily.
1. Proof of financial responsibility may be |
15 | | voluntarily by or on behalf
of any person. The privilege of |
16 | | operation of any motor vehicle within this
State by such |
17 | | person shall not be suspended or withdrawn under the
|
18 | | provisions of this Article if such proof of financial |
19 | | responsibility
has been voluntarily filed or deposited prior |
20 | | to the offense or crash accident
out of which any conviction, |
21 | | judgment, or order arises and if such proof, at the
date of |
22 | | such conviction, judgment, or order, is valid and sufficient |
23 | | for
the requirements of this Code.
|
24 | | 2. If the Secretary of State receives record of any |
25 | | conviction or
judgment against such person which, in the |
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1 | | absence of such proof of
financial responsibility would have |
2 | | caused the suspension of the driver's
license of such person, |
3 | | the Secretary of State shall forthwith
notify the insurer or |
4 | | surety of such person of the conviction or judgment so |
5 | | reported.
|
6 | | (Source: P.A. 83-831.)
|
7 | | (625 ILCS 5/7-502) (from Ch. 95 1/2, par. 7-502)
|
8 | | Sec. 7-502. Self-insurers. Any person in whose name more |
9 | | than 25 motor vehicles are registered may
qualify as a |
10 | | self-insurer by obtaining a certificate of self-insurance
|
11 | | issued by the Director of the Department of Insurance as |
12 | | provided in this Section.
|
13 | | The Director may, in his discretion, upon the application |
14 | | of
such a person, issue a certificate of self-insurance when |
15 | | he is satisfied
that such person is possessed and will |
16 | | continue to be possessed of ability
to pay judgment obtained |
17 | | against such person.
|
18 | | Upon not less than 5 days' notice, and a hearing pursuant |
19 | | to such
notice, the Director may upon reasonable grounds |
20 | | cancel a
certificate of self-insurance. Failure to pay any |
21 | | judgment against any
person covered by such certificate of |
22 | | self-insurance and arising out of any
crash accident in which |
23 | | a motor vehicle covered by such certificate of
self-insurance |
24 | | has been involved within 30 days after such judgment shall
|
25 | | have become final shall constitute a reasonable ground for the |
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1 | | cancellation
of a certificate of self-insurance.
|
2 | | (Source: P.A. 82-138.)
|
3 | | (625 ILCS 5/7-504)
|
4 | | Sec. 7-504. Emergency telephone system outages; |
5 | | reimbursement. Any person
who negligently causes a motor |
6 | | vehicle crash accident that causes an emergency
telephone |
7 | | system outage must reimburse the public safety agency that |
8 | | provides
personnel to answer calls or to maintain or operate |
9 | | an emergency telephone
system during the outage for the |
10 | | agency's costs associated with answering calls
or maintaining |
11 | | or operating the system during the outage. For the purposes of
|
12 | | this Section, "public safety agency" means the same as in |
13 | | Section 2.02 of the
Emergency Telephone System Act.
|
14 | | (Source: P.A. 92-149, eff. 1-1-02.)
|
15 | | (625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
|
16 | | Sec. 7-604. Verification of liability insurance policy.
|
17 | | (a) The Secretary of State may select random samples
of |
18 | | registrations of motor vehicles subject to Section 7-601 of |
19 | | this Code,
or owners thereof, for the purpose of verifying |
20 | | whether or not the motor
vehicles are insured.
|
21 | | In addition to such general random samples of motor |
22 | | vehicle
registrations, the Secretary may select for
|
23 | | verification other random samples, including, but not limited |
24 | | to
registrations of motor vehicles owned by persons:
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1 | | (1) whose motor vehicle registrations during the |
2 | | preceding 4 years have
been suspended pursuant to Section |
3 | | 7-606 or 7-607 of this Code;
|
4 | | (2) who during the preceding 4 years have been |
5 | | convicted of violating
Section 3-707, 3-708, or 3-710 of |
6 | | this Code while operating vehicles
owned by other persons;
|
7 | | (3) whose driving privileges have been suspended |
8 | | during the preceding 4
years;
|
9 | | (4) who during the preceding 4 years acquired |
10 | | ownership of motor
vehicles while the registrations of |
11 | | such vehicles under the previous owners
were suspended |
12 | | pursuant to Section 7-606 or 7-607 of this Code; or
|
13 | | (5) who during the preceding 4 years have received a |
14 | | disposition of
supervision under subsection (c) of Section |
15 | | 5-6-1 of the Unified Code of
Corrections for a violation |
16 | | of Section 3-707, 3-708, or 3-710 of this Code.
|
17 | | (b) Upon receiving certification from the Department of |
18 | | Transportation
under Section 7-201.2 of this Code of the name |
19 | | of an owner or operator of any
motor vehicle involved in a |
20 | | crash an accident , the Secretary may verify whether or
not at |
21 | | the time of the crash accident such motor vehicle was covered |
22 | | by a
liability insurance policy in accordance with Section |
23 | | 7-601 of this Code.
|
24 | | (c) In preparation for selection of random samples and |
25 | | their
verification, the Secretary may send to owners of |
26 | | randomly selected motor
vehicles, or to randomly selected |
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1 | | motor vehicle owners, requests for
information about their |
2 | | motor vehicles and liability
insurance coverage electronically |
3 | | or, if electronic means are unavailable, via U.S. mail. The |
4 | | request shall require the owner to state whether
or not the |
5 | | motor vehicle was insured on the verification date stated in |
6 | | the
Secretary's request and the request may require, but is |
7 | | not limited to,
a statement by the owner of the names and |
8 | | addresses of insurers, policy
numbers, and expiration dates of |
9 | | insurance coverage.
|
10 | | (d) Within 30 days after the Secretary sends a request |
11 | | under subsection (c) of this Section, the owner to
whom it is |
12 | | sent shall furnish the requested information to the Secretary
|
13 | | above the owner's signed affirmation that such information is |
14 | | true and
correct. Proof of insurance in effect on the |
15 | | verification date, as
prescribed by the Secretary, may be |
16 | | considered by the Secretary to be a
satisfactory response to |
17 | | the request for information.
|
18 | | Any owner whose response indicates that his or her vehicle |
19 | | was
not covered by a liability insurance policy in accordance |
20 | | with
Section 7-601 of this Code shall be deemed to have |
21 | | registered or maintained
registration of a motor vehicle in |
22 | | violation of that Section. Any owner who
fails to respond to |
23 | | such a request shall be deemed to have registered or
|
24 | | maintained registration of a motor vehicle in violation of |
25 | | Section
7-601 of this Code.
|
26 | | (e) If the owner responds to the request for information |
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1 | | by asserting
that his or her vehicle was covered by a liability |
2 | | insurance policy on the
verification date stated in the |
3 | | Secretary's request, the Secretary may
conduct a verification |
4 | | of the response by furnishing necessary information
to the |
5 | | insurer named in the response. The insurer shall within
45 |
6 | | days
inform the Secretary whether or not on the verification |
7 | | date stated the
motor vehicle was insured by the insurer in |
8 | | accordance with Section 7-601
of this Code. The Secretary may |
9 | | by rule and regulation prescribe the
procedures for |
10 | | verification.
|
11 | | (f) No random sample selected under this Section shall be |
12 | | categorized on
the basis of race, color, religion, sex, |
13 | | national origin, ancestry, age,
marital status, physical or |
14 | | mental disability, economic status,
or geography.
|
15 | | (g) (Blank). |
16 | | (h) This Section shall be inoperative upon the effective |
17 | | date of the rules adopted by the Secretary to implement |
18 | | Section 7-603.5 of this Code. |
19 | | (Source: P.A. 99-333, eff. 12-30-15 (see Section 15 of P.A. |
20 | | 99-483 for the effective date of changes made by P.A. 99-333); |
21 | | 99-737, eff. 8-5-16; 100-145, eff. 1-1-18; 100-373, eff. |
22 | | 1-1-18; 100-863, eff. 8-14-18.)
|
23 | | (625 ILCS 5/9-105) (from Ch. 95 1/2, par. 9-105)
|
24 | | Sec. 9-105. Insurance policy as proof - requirements. A |
25 | | motor vehicle liability policy in a solvent and responsible |
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1 | | company,
authorized to do business in the State of Illinois, |
2 | | providing that the
insurance carrier will pay any judgment |
3 | | within 30 days after it becomes
final, recovered against the |
4 | | customer or against any person operating the
motor vehicle |
5 | | with the customer's express or implied consent, for damage to
|
6 | | property other than to the rented motor vehicles, or for an |
7 | | injury to or
for the death of any person, including an occupant |
8 | | of the rented motor
vehicle, resulting from the operation of |
9 | | the motor vehicle shall serve as
proof of financial |
10 | | responsibility; provided
however, every such policy provides |
11 | | insurance insuring the operator of the
rented motor vehicle |
12 | | against liability upon such insured to a minimum
amount of |
13 | | $50,000 because of bodily injury to, or death of any
one person |
14 | | or damage to
property and $100,000 because of bodily
injury to |
15 | | or death of 2 or more persons in any one
motor vehicle crash |
16 | | accident .
|
17 | | (Source: P.A. 86-880.)
|
18 | | (625 ILCS 5/10-201) (from Ch. 95 1/2, par. 10-201)
|
19 | | Sec. 10-201. Liability for bodily injury to or death of |
20 | | guest.
|
21 | | No person riding in or upon a motor vehicle or motorcycle |
22 | | as a guest
without payment for such ride and who has solicited |
23 | | such ride in violation
of Subsection (a) of Section 11-1006 of |
24 | | this Act, nor his personal
representative in the event of the |
25 | | death of such guest, shall have a cause
of action for damages |
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1 | | against the driver or operator of such motor vehicle
or |
2 | | motorcycle, or its owner or his employee or agent for injury, |
3 | | death or
loss, in case of a crash accident , unless such crash |
4 | | accident has been caused by the
willful and wanton misconduct |
5 | | of the driver or operator of such motor
vehicle or motorcycle |
6 | | or its owner or his employee or agent and unless such
willful |
7 | | and wanton misconduct contributed to the injury, death or loss |
8 | | for
which the action is brought.
|
9 | | Nothing contained in this section relieves a motor vehicle |
10 | | or motorcycle
carrier of passengers for hire of responsibility |
11 | | for injury or death
sustained by any passenger for hire.
|
12 | | This amendatory Act of 1971 shall apply only to causes of |
13 | | action arising
from crashes accidents occurring after its |
14 | | effective date.
|
15 | | (Source: P.A. 77-1482.)
|
16 | | (625 ILCS 5/11-208.6)
|
17 | | Sec. 11-208.6. Automated traffic law enforcement system.
|
18 | | (a) As used in this Section, "automated traffic law |
19 | | enforcement
system" means a device with one or more motor |
20 | | vehicle sensors working
in conjunction with a red light signal |
21 | | to produce recorded images of
motor vehicles entering an |
22 | | intersection against a red signal
indication in violation of |
23 | | Section 11-306 of this Code or a similar provision
of a local |
24 | | ordinance.
|
25 | | An
automated traffic law enforcement system is a system, |
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1 | | in a municipality or
county operated by a
governmental agency, |
2 | | that
produces a recorded image of a motor vehicle's
violation |
3 | | of a provision of this Code or a local ordinance
and is |
4 | | designed to obtain a clear recorded image of the
vehicle and |
5 | | the vehicle's license plate. The recorded image must also
|
6 | | display the time, date, and location of the violation.
|
7 | | (b) As used in this Section, "recorded images" means |
8 | | images
recorded by an automated traffic law enforcement system |
9 | | on:
|
10 | | (1) 2 or more photographs;
|
11 | | (2) 2 or more microphotographs;
|
12 | | (3) 2 or more electronic images; or
|
13 | | (4) a video recording showing the motor vehicle and, |
14 | | on at
least one image or portion of the recording, clearly |
15 | | identifying the
registration plate or digital registration |
16 | | plate number of the motor vehicle.
|
17 | | (b-5) A municipality or
county that
produces a recorded |
18 | | image of a motor vehicle's
violation of a provision of this |
19 | | Code or a local ordinance must make the recorded images of a |
20 | | violation accessible to the alleged violator by providing the |
21 | | alleged violator with a website address, accessible through |
22 | | the Internet. |
23 | | (c) Except as provided under Section 11-208.8 of this |
24 | | Code, a county or municipality, including a home rule county |
25 | | or municipality, may not use an automated traffic law |
26 | | enforcement system to provide recorded images of a motor |
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1 | | vehicle for the purpose of recording its speed. Except as |
2 | | provided under Section 11-208.8 of this Code, the regulation |
3 | | of the use of automated traffic law enforcement systems to |
4 | | record vehicle speeds is an exclusive power and function of |
5 | | the State. This subsection (c) is a denial and limitation of |
6 | | home rule powers and functions under subsection (h) of Section |
7 | | 6 of Article VII of the Illinois Constitution.
|
8 | | (c-5) A county or municipality, including a home rule |
9 | | county or municipality, may not use an automated traffic law |
10 | | enforcement system to issue violations in instances where the |
11 | | motor vehicle comes to a complete stop and does not enter the |
12 | | intersection, as defined by Section 1-132 of this Code, during |
13 | | the cycle of the red signal indication unless one or more |
14 | | pedestrians or bicyclists are present, even if the motor |
15 | | vehicle stops at a point past a stop line or crosswalk where a |
16 | | driver is required to stop, as specified in subsection (c) of |
17 | | Section 11-306 of this Code or a similar provision of a local |
18 | | ordinance. |
19 | | (c-6) A county, or a municipality with less than 2,000,000 |
20 | | inhabitants, including a home rule county or municipality, may |
21 | | not use an automated traffic law enforcement system to issue |
22 | | violations in instances where a motorcyclist enters an |
23 | | intersection against a red signal
indication when the red |
24 | | signal fails to change to a green signal within a reasonable |
25 | | period of time not less than 120 seconds because of a signal |
26 | | malfunction or because the signal has failed to detect the |
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1 | | arrival of the motorcycle due to the motorcycle's size or |
2 | | weight. |
3 | | (d) For each violation of a provision of this Code or a |
4 | | local ordinance
recorded by an automatic
traffic law |
5 | | enforcement system, the county or municipality having
|
6 | | jurisdiction shall issue a written notice of the
violation to |
7 | | the registered owner of the vehicle as the alleged
violator. |
8 | | The notice shall be delivered to the registered
owner of the |
9 | | vehicle, by mail, within 30 days after the Secretary of State |
10 | | notifies the municipality or county of the identity of the |
11 | | owner of the vehicle, but in no event later than 90 days after |
12 | | the violation.
|
13 | | The notice shall include:
|
14 | | (1) the name and address of the registered owner of |
15 | | the
vehicle;
|
16 | | (2) the registration number of the motor vehicle
|
17 | | involved in the violation;
|
18 | | (3) the violation charged;
|
19 | | (4) the location where the violation occurred;
|
20 | | (5) the date and time of the violation;
|
21 | | (6) a copy of the recorded images;
|
22 | | (7) the amount of the civil penalty imposed and the |
23 | | requirements of any traffic education program imposed and |
24 | | the date
by which the civil penalty should be paid and the |
25 | | traffic education program should be completed;
|
26 | | (8) a statement that recorded images are evidence of a
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1 | | violation of a red light signal;
|
2 | | (9) a warning that failure to pay the civil penalty, |
3 | | to complete a required traffic education program, or to
|
4 | | contest liability in a timely manner is an admission of
|
5 | | liability;
|
6 | | (10) a statement that the person may elect to proceed |
7 | | by:
|
8 | | (A) paying the fine, completing a required traffic |
9 | | education program, or both; or
|
10 | | (B) challenging the charge in court, by mail, or |
11 | | by administrative hearing; and
|
12 | | (11) a website address, accessible through the |
13 | | Internet, where the person may view the recorded images of |
14 | | the violation. |
15 | | (e) (Blank).
|
16 | | (f) Based on inspection of recorded images produced by an
|
17 | | automated traffic law enforcement system, a notice alleging |
18 | | that the violation occurred shall be evidence of the facts |
19 | | contained
in the notice and admissible in any proceeding |
20 | | alleging a
violation under this Section.
|
21 | | (g) Recorded images made by an automatic traffic law
|
22 | | enforcement system are confidential and shall be made
|
23 | | available only to the alleged violator and governmental and
|
24 | | law enforcement agencies for purposes of adjudicating a
|
25 | | violation of this Section, for statistical purposes, or for |
26 | | other governmental purposes. Any recorded image evidencing a
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1 | | violation of this Section, however, may be admissible in
any |
2 | | proceeding resulting from the issuance of the citation.
|
3 | | (h) The court or hearing officer may consider in defense |
4 | | of a violation:
|
5 | | (1) that the motor vehicle or registration plates or |
6 | | digital registration plates of the motor
vehicle were |
7 | | stolen before the violation occurred and not
under the |
8 | | control of or in the possession of the owner at
the time of |
9 | | the violation;
|
10 | | (2) that the driver of the vehicle passed through the
|
11 | | intersection when the light was red either (i) in order to
|
12 | | yield the right-of-way to an emergency vehicle or (ii) as
|
13 | | part of a funeral procession; and
|
14 | | (3) any other evidence or issues provided by municipal |
15 | | or county ordinance.
|
16 | | (i) To demonstrate that the motor vehicle or the |
17 | | registration
plates or digital registration plates were stolen |
18 | | before the violation occurred and were not under the
control |
19 | | or possession of the owner at the time of the violation, the
|
20 | | owner must submit proof that a report concerning the stolen
|
21 | | motor vehicle or registration plates was filed with a law |
22 | | enforcement agency in a timely manner.
|
23 | | (j) Unless the driver of the motor vehicle received a |
24 | | Uniform
Traffic Citation from a police officer at the time of |
25 | | the violation,
the motor vehicle owner is subject to a civil |
26 | | penalty not exceeding
$100 or the completion of a traffic |
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1 | | education program, or both, plus an additional penalty of not |
2 | | more than $100 for failure to pay the original penalty or to |
3 | | complete a required traffic education program, or both, in a |
4 | | timely manner, if the motor vehicle is recorded by an |
5 | | automated traffic law
enforcement system. A violation for |
6 | | which a civil penalty is imposed
under this Section is not a |
7 | | violation of a traffic regulation governing
the movement of |
8 | | vehicles and may not be recorded on the driving record
of the |
9 | | owner of the vehicle.
|
10 | | (j-3) A registered owner who is a holder of a valid |
11 | | commercial driver's license is not required to complete a |
12 | | traffic education program. |
13 | | (j-5) For purposes of the required traffic education |
14 | | program only, a registered owner may submit an affidavit to |
15 | | the court or hearing officer swearing that at the time of the |
16 | | alleged violation, the vehicle was in the custody and control |
17 | | of another person. The affidavit must identify the person in |
18 | | custody and control of the vehicle, including the person's |
19 | | name and current address. The person in custody and control of |
20 | | the vehicle at the time of the violation is required to |
21 | | complete the required traffic education program. If the person |
22 | | in custody and control of the vehicle at the time of the |
23 | | violation completes the required traffic education program, |
24 | | the registered owner of the vehicle is not required to |
25 | | complete a traffic education program. |
26 | | (k) An intersection equipped with an automated traffic law
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1 | | enforcement system must be posted with a sign visible to |
2 | | approaching traffic
indicating that the intersection is being |
3 | | monitored by an automated
traffic law enforcement system. |
4 | | (k-3) A municipality or
county that has one or more |
5 | | intersections equipped with an automated traffic law
|
6 | | enforcement system must provide notice to drivers by posting |
7 | | the locations of automated traffic law systems on the |
8 | | municipality or county website.
|
9 | | (k-5) An intersection equipped with an automated traffic |
10 | | law
enforcement system must have a yellow change interval that |
11 | | conforms with the Illinois Manual on Uniform Traffic Control |
12 | | Devices (IMUTCD) published by the Illinois Department of |
13 | | Transportation. |
14 | | (k-7) A municipality or county operating an automated |
15 | | traffic law enforcement system shall conduct a statistical |
16 | | analysis to assess the safety impact of each automated traffic |
17 | | law enforcement system at an intersection following |
18 | | installation of the system. The statistical analysis shall be |
19 | | based upon the best available crash, traffic, and other data, |
20 | | and shall cover a period of time before and after installation |
21 | | of the system sufficient to provide a statistically valid |
22 | | comparison of safety impact. The statistical analysis shall be |
23 | | consistent with professional judgment and acceptable industry |
24 | | practice. The statistical analysis also shall be consistent |
25 | | with the data required for valid comparisons of before and |
26 | | after conditions and shall be conducted within a reasonable |
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1 | | period following the installation of the automated traffic law |
2 | | enforcement system. The statistical analysis required by this |
3 | | subsection (k-7) shall be made available to the public and |
4 | | shall be published on the website of the municipality or |
5 | | county. If the statistical analysis for the 36 month period |
6 | | following installation of the system indicates that there has |
7 | | been an increase in the rate of crashes accidents at the |
8 | | approach to the intersection monitored by the system, the |
9 | | municipality or county shall undertake additional studies to |
10 | | determine the cause and severity of the crashes accidents , and |
11 | | may take any action that it determines is necessary or |
12 | | appropriate to reduce the number or severity of the crashes |
13 | | accidents at that intersection. |
14 | | (l) The compensation paid for an automated traffic law |
15 | | enforcement system
must be based on the value of the equipment |
16 | | or the services provided and may
not be based on the number of |
17 | | traffic citations issued or the revenue generated
by the |
18 | | system.
|
19 | | (m) This Section applies only to the counties of Cook, |
20 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and |
21 | | to municipalities located within those counties.
|
22 | | (n) The fee for participating in a traffic education |
23 | | program under this Section shall not exceed $25. |
24 | | A low-income individual required to complete a traffic |
25 | | education program under this Section who provides proof of |
26 | | eligibility for the federal earned income tax credit under |
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1 | | Section 32 of the Internal Revenue Code or the Illinois earned |
2 | | income tax credit under Section 212 of the Illinois Income Tax |
3 | | Act shall not be required to pay any fee for participating in a |
4 | | required traffic education program. |
5 | | (o) (Blank). |
6 | | (p) No person who is the lessor of a motor vehicle pursuant |
7 | | to a written lease agreement shall be liable for an automated |
8 | | speed or traffic law enforcement system violation involving |
9 | | such motor vehicle during the period of the lease; provided |
10 | | that upon the request of the appropriate authority received |
11 | | within 120 days after the violation occurred, the lessor |
12 | | provides within 60 days after such receipt the name and |
13 | | address of the lessee. |
14 | | Upon the provision of information by the lessor pursuant |
15 | | to this subsection, the county or municipality may issue the |
16 | | violation to the lessee of the vehicle in the same manner as it |
17 | | would issue a violation to a registered owner of a vehicle |
18 | | pursuant to this Section, and the lessee may be held liable for |
19 | | the violation. |
20 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 .)
|
21 | | (625 ILCS 5/11-208.9) |
22 | | Sec. 11-208.9. Automated traffic law enforcement system; |
23 | | approaching, overtaking, and passing a school bus. |
24 | | (a) As used in this Section, "automated traffic law |
25 | | enforcement
system" means a device with one or more motor |
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1 | | vehicle sensors working
in conjunction with the visual signals |
2 | | on a school bus, as specified in Sections 12-803 and 12-805 of |
3 | | this Code, to produce recorded images of
motor vehicles that |
4 | | fail to stop before meeting or overtaking, from either |
5 | | direction, any school bus stopped at any location for the |
6 | | purpose of receiving or discharging pupils in violation of |
7 | | Section 11-1414 of this Code or a similar provision
of a local |
8 | | ordinance. |
9 | | An
automated traffic law enforcement system is a system, |
10 | | in a municipality or
county operated by a
governmental agency, |
11 | | that
produces a recorded image of a motor vehicle's
violation |
12 | | of a provision of this Code or a local ordinance
and is |
13 | | designed to obtain a clear recorded image of the
vehicle and |
14 | | the vehicle's license plate. The recorded image must also
|
15 | | display the time, date, and location of the violation. |
16 | | (b) As used in this Section, "recorded images" means |
17 | | images
recorded by an automated traffic law enforcement system |
18 | | on: |
19 | | (1) 2 or more photographs; |
20 | | (2) 2 or more microphotographs; |
21 | | (3) 2 or more electronic images; or |
22 | | (4) a video recording showing the motor vehicle and, |
23 | | on at
least one image or portion of the recording, clearly |
24 | | identifying the
registration plate or digital registration |
25 | | plate number of the motor vehicle. |
26 | | (c) A municipality or
county that
produces a recorded |
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1 | | image of a motor vehicle's
violation of a provision of this |
2 | | Code or a local ordinance must make the recorded images of a |
3 | | violation accessible to the alleged violator by providing the |
4 | | alleged violator with a website address, accessible through |
5 | | the Internet. |
6 | | (d) For each violation of a provision of this Code or a |
7 | | local ordinance
recorded by an automated
traffic law |
8 | | enforcement system, the county or municipality having
|
9 | | jurisdiction shall issue a written notice of the
violation to |
10 | | the registered owner of the vehicle as the alleged
violator. |
11 | | The notice shall be delivered to the registered
owner of the |
12 | | vehicle, by mail, within 30 days after the Secretary of State |
13 | | notifies the municipality or county of the identity of the |
14 | | owner of the vehicle, but in no event later than 90 days after |
15 | | the violation. |
16 | | (e) The notice required under subsection (d) shall |
17 | | include: |
18 | | (1) the name and address of the registered owner of |
19 | | the
vehicle; |
20 | | (2) the registration number of the motor vehicle
|
21 | | involved in the violation; |
22 | | (3) the violation charged; |
23 | | (4) the location where the violation occurred; |
24 | | (5) the date and time of the violation; |
25 | | (6) a copy of the recorded images; |
26 | | (7) the amount of the civil penalty imposed and the |
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1 | | date
by which the civil penalty should be paid; |
2 | | (8) a statement that recorded images are evidence of a
|
3 | | violation of overtaking or passing a school bus stopped |
4 | | for the purpose of receiving or discharging pupils; |
5 | | (9) a warning that failure to pay the civil penalty or |
6 | | to
contest liability in a timely manner is an admission of
|
7 | | liability; |
8 | | (10) a statement that the person may elect to proceed |
9 | | by: |
10 | | (A) paying the fine; or |
11 | | (B) challenging the charge in court, by mail, or |
12 | | by administrative hearing; and |
13 | | (11) a website address, accessible through the |
14 | | Internet, where the person may view the recorded images of |
15 | | the violation. |
16 | | (f) (Blank). |
17 | | (g) Based on inspection of recorded images produced by an
|
18 | | automated traffic law enforcement system, a notice alleging |
19 | | that the violation occurred shall be evidence of the facts |
20 | | contained
in the notice and admissible in any proceeding |
21 | | alleging a
violation under this Section. |
22 | | (h) Recorded images made by an automated traffic law
|
23 | | enforcement system are confidential and shall be made
|
24 | | available only to the alleged violator and governmental and
|
25 | | law enforcement agencies for purposes of adjudicating a
|
26 | | violation of this Section, for statistical purposes, or for |
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1 | | other governmental purposes. Any recorded image evidencing a
|
2 | | violation of this Section, however, may be admissible in
any |
3 | | proceeding resulting from the issuance of the citation. |
4 | | (i) The court or hearing officer may consider in defense |
5 | | of a violation: |
6 | | (1) that the motor vehicle or registration plates or |
7 | | digital registration plates of the motor
vehicle were |
8 | | stolen before the violation occurred and not
under the |
9 | | control of or in the possession of the owner at
the time of |
10 | | the violation; |
11 | | (2) that the driver of the motor vehicle received a |
12 | | Uniform Traffic Citation from a police officer for a |
13 | | violation of Section 11-1414 of this Code within |
14 | | one-eighth of a mile and 15 minutes of the violation that |
15 | | was recorded by the system; |
16 | | (3) that the visual signals required by Sections |
17 | | 12-803 and 12-805 of this Code were damaged, not |
18 | | activated, not present in violation of Sections 12-803 and |
19 | | 12-805, or inoperable; and |
20 | | (4) any other evidence or issues provided by municipal |
21 | | or county ordinance. |
22 | | (j) To demonstrate that the motor vehicle or the |
23 | | registration
plates or digital registration plates were stolen |
24 | | before the violation occurred and were not under the
control |
25 | | or possession of the owner at the time of the violation, the
|
26 | | owner must submit proof that a report concerning the stolen
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1 | | motor vehicle or registration plates was filed with a law |
2 | | enforcement agency in a timely manner. |
3 | | (k) Unless the driver of the motor vehicle received a |
4 | | Uniform
Traffic Citation from a police officer at the time of |
5 | | the violation,
the motor vehicle owner is subject to a civil |
6 | | penalty not exceeding
$150 for a first time violation or $500 |
7 | | for a second or subsequent violation, plus an additional |
8 | | penalty of not more than $100 for failure to pay the original |
9 | | penalty in a timely manner, if the motor vehicle is recorded by |
10 | | an automated traffic law
enforcement system. A violation for |
11 | | which a civil penalty is imposed
under this Section is not a |
12 | | violation of a traffic regulation governing
the movement of |
13 | | vehicles and may not be recorded on the driving record
of the |
14 | | owner of the vehicle, but may be recorded by the municipality |
15 | | or county for the purpose of determining if a person is subject |
16 | | to the higher fine for a second or subsequent offense. |
17 | | (l) A school bus equipped with an automated traffic law
|
18 | | enforcement system must be posted with a sign indicating that |
19 | | the school bus is being monitored by an automated
traffic law |
20 | | enforcement system. |
21 | | (m) A municipality or
county that has one or more school |
22 | | buses equipped with an automated traffic law
enforcement |
23 | | system must provide notice to drivers by posting a list of |
24 | | school districts using school buses equipped with an automated |
25 | | traffic law enforcement system on the municipality or county |
26 | | website. School districts that have one or more school buses |
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1 | | equipped with an automated traffic law enforcement system must |
2 | | provide notice to drivers by posting that information on their |
3 | | websites. |
4 | | (n) A municipality or county operating an automated |
5 | | traffic law enforcement system shall conduct a statistical |
6 | | analysis to assess the safety impact in each school district |
7 | | using school buses equipped with an automated traffic law |
8 | | enforcement system following installation of the system. The |
9 | | statistical analysis shall be based upon the best available |
10 | | crash, traffic, and other data, and shall cover a period of |
11 | | time before and after installation of the system sufficient to |
12 | | provide a statistically valid comparison of safety impact. The |
13 | | statistical analysis shall be consistent with professional |
14 | | judgment and acceptable industry practice. The statistical |
15 | | analysis also shall be consistent with the data required for |
16 | | valid comparisons of before and after conditions and shall be |
17 | | conducted within a reasonable period following the |
18 | | installation of the automated traffic law enforcement system. |
19 | | The statistical analysis required by this subsection shall be |
20 | | made available to the public and shall be published on the |
21 | | website of the municipality or county. If the statistical |
22 | | analysis for the 36-month period following installation of the |
23 | | system indicates that there has been an increase in the rate of |
24 | | crashes accidents at the approach to school buses monitored by |
25 | | the system, the municipality or county shall undertake |
26 | | additional studies to determine the cause and severity of the |
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1 | | crashes accidents , and may take any action that it determines |
2 | | is necessary or appropriate to reduce the number or severity |
3 | | of the crashes accidents involving school buses equipped with |
4 | | an automated traffic law enforcement system. |
5 | | (o) The compensation paid for an automated traffic law |
6 | | enforcement system
must be based on the value of the equipment |
7 | | or the services provided and may
not be based on the number of |
8 | | traffic citations issued or the revenue generated
by the |
9 | | system. |
10 | | (p) No person who is the lessor of a motor vehicle pursuant |
11 | | to a written lease agreement shall be liable for an automated |
12 | | speed or traffic law enforcement system violation involving |
13 | | such motor vehicle during the period of the lease; provided |
14 | | that upon the request of the appropriate authority received |
15 | | within 120 days after the violation occurred, the lessor |
16 | | provides within 60 days after such receipt the name and |
17 | | address of the lessee. |
18 | | Upon the provision of information by the lessor pursuant |
19 | | to this subsection, the county or municipality may issue the |
20 | | violation to the lessee of the vehicle in the same manner as it |
21 | | would issue a violation to a registered owner of a vehicle |
22 | | pursuant to this Section, and the lessee may be held liable for |
23 | | the violation. |
24 | | (q) (Blank). |
25 | | (r) After a municipality or county enacts an ordinance |
26 | | providing for automated traffic law enforcement systems under |
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1 | | this Section, each school district within that municipality or |
2 | | county's jurisdiction may implement an automated traffic law |
3 | | enforcement system under this Section. The elected school |
4 | | board for that district must approve the implementation of an |
5 | | automated traffic law enforcement system. The school district |
6 | | shall be responsible for entering into a contract, approved by |
7 | | the elected school board of that district, with vendors for |
8 | | the installation, maintenance, and operation of the automated |
9 | | traffic law enforcement system. The school district must enter |
10 | | into an intergovernmental agreement, approved by the elected |
11 | | school board of that district, with the municipality or county |
12 | | with jurisdiction over that school district for the |
13 | | administration of the automated traffic law enforcement |
14 | | system. The proceeds from a school district's automated |
15 | | traffic law enforcement system's fines shall be divided |
16 | | equally between the school district and the municipality or |
17 | | county administering the automated traffic law enforcement |
18 | | system.
|
19 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 .)
|
20 | | (625 ILCS 5/Ch. 11 Art. IV heading) |
21 | | ARTICLE IV. CRASHES ACCIDENTS
|
22 | | (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
|
23 | | Sec. 11-401. Motor vehicle crashes accidents involving |
24 | | death or personal injuries.
|
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1 | | (a) The driver of any vehicle involved in a motor vehicle |
2 | | crashes accident
resulting in personal injury to or death of |
3 | | any person shall immediately stop
such vehicle at the scene of |
4 | | such crash accident , or as close thereto as possible
and shall |
5 | | then forthwith return to, and in every event shall remain at |
6 | | the
scene of the crash accident until the requirements of |
7 | | Section 11-403 have been
fulfilled. Every such stop shall be |
8 | | made without obstructing traffic more
than is necessary.
|
9 | | (b) Any person who has failed to stop or to comply with the
|
10 | | requirements of paragraph (a) shall, as soon as possible but |
11 | | in no case
later than one-half hour after such motor
vehicle |
12 | | crash accident , or, if hospitalized and incapacitated from |
13 | | reporting at any
time during such period, as soon as possible |
14 | | but in no case later than one-half
hour
after
being discharged |
15 | | from the
hospital, report the place of the crash accident , the |
16 | | date, the approximate time,
the
driver's name and address, the |
17 | | registration number of the vehicle
driven, and the names of |
18 | | all other occupants of
such vehicle, at a police station or |
19 | | sheriff's office near the place where
such crash accident |
20 | | occurred. No report made as required under this paragraph |
21 | | shall be used,
directly or indirectly, as a basis for the |
22 | | prosecution of any
violation of paragraph (a).
|
23 | | (b-1) Any person arrested for violating this Section is |
24 | | subject to chemical testing of his or her blood, breath, other |
25 | | bodily substance, or urine for the presence of alcohol, other |
26 | | drug or drugs, intoxicating compound or compounds, or any |
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1 | | combination thereof, as provided in Section 11-501.1, if the |
2 | | testing occurs within 12 hours of the time of the occurrence of |
3 | | the crash accident that led to his or her arrest. The person's |
4 | | driving privileges are subject to statutory summary suspension |
5 | | under Section 11-501.1 if he or she fails testing or statutory |
6 | | summary revocation under Section 11-501.1 if he or she refuses |
7 | | to undergo the testing.
|
8 | | For purposes of this Section, personal injury shall mean |
9 | | any injury
requiring immediate professional treatment in a |
10 | | medical facility or
doctor's office.
|
11 | | (c) Any person failing to comply with paragraph (a) shall |
12 | | be guilty of a Class 4 felony.
|
13 | | (d) Any person failing to comply with paragraph (b) is
|
14 | | guilty
of
a Class 2 felony if the
motor vehicle crash accident |
15 | | does not result in the death of any person.
Any person failing |
16 | | to comply with paragraph (b)
when the crash accident results |
17 | | in the death of
any person is guilty of a Class 1
felony.
|
18 | | (e) The Secretary of State shall revoke the driving |
19 | | privilege of any person
convicted of a violation of this |
20 | | Section.
|
21 | | (Source: P.A. 99-697, eff. 7-29-16.)
|
22 | | (625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402)
|
23 | | Sec. 11-402. Motor vehicle crash accident involving damage |
24 | | to vehicle. |
25 | | (a)
The driver of any vehicle involved in a motor vehicle |
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1 | | crash accident
resulting only in damage to a vehicle which is |
2 | | driven or attended by any person shall
immediately stop such |
3 | | vehicle at the scene of such motor vehicle crash accident
or as |
4 | | close thereto as possible, but shall forthwith return to and |
5 | | in every event
shall remain at the scene of such motor vehicle |
6 | | crash accident until the
requirements of Section 11-403 have |
7 | | been fulfilled. A driver does not violate this Section if the |
8 | | driver moves the vehicle as soon as possible off the highway to |
9 | | the nearest safe location on an exit ramp shoulder, a frontage |
10 | | road, the nearest suitable cross street, or other suitable |
11 | | location that does not obstruct traffic and
remains at that |
12 | | location until the driver has fulfilled the requirements of |
13 | | Section 11-403. Every such stop
shall be made without |
14 | | obstructing traffic
more than is necessary. If a damaged |
15 | | vehicle is obstructing traffic lanes, the driver of the |
16 | | vehicle must make every reasonable effort to move the vehicle |
17 | | or have it moved so as not to block the traffic lanes.
|
18 | | Any person failing to comply with this Section shall be |
19 | | guilty of a Class
A misdemeanor.
|
20 | | (b) Upon conviction of a violation of this Section, the |
21 | | court shall make
a finding as to whether the damage to a |
22 | | vehicle is in excess of $1,000,
and in such case a statement of |
23 | | this finding shall be reported to the Secretary
of State with |
24 | | the report of conviction as required by Section 6-204 of this
|
25 | | Code. Upon receipt of such report of conviction and statement |
26 | | of finding
that the damage to a vehicle is in excess of $1,000, |
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1 | | the Secretary of State
shall suspend the driver's license or |
2 | | any nonresident's driving privilege. |
3 | | (c) If any peace officer or highway authority official |
4 | | finds (i) a vehicle standing upon a highway or toll highway in |
5 | | violation of a prohibition, limitation, or restriction on |
6 | | stopping, standing, or parking imposed under this Code or (ii) |
7 | | a disabled vehicle that obstructs the roadway of a highway or |
8 | | toll highway, the peace officer or highway authority official |
9 | | is authorized to move the vehicle or to require the operator of |
10 | | the vehicle to move the vehicle to the shoulder of the road, to |
11 | | a position where parking is permitted, or to public parking or |
12 | | storage premises. The removal may be performed by, or under |
13 | | the direction of, the peace officer or highway authority |
14 | | official or may be contracted for by local authorities. After |
15 | | the vehicle has been removed, the peace officer or highway |
16 | | authority official shall follow appropriate procedures, as |
17 | | provided in Section 4-203 of this Code. |
18 | | (d) A towing service, its officers, and its employees are |
19 | | not liable for loss of or damages to any real or personal |
20 | | property that occurs as the result of the removal or towing of |
21 | | any vehicle under subsection (c), as provided in subsection |
22 | | (b) of Section 4-213.
|
23 | | (Source: P.A. 97-763, eff. 1-1-13.)
|
24 | | (625 ILCS 5/11-403) (from Ch. 95 1/2, par. 11-403)
|
25 | | Sec. 11-403. Duty to give information and render aid. The |
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1 | | driver of any vehicle involved in a motor vehicle crash |
2 | | accident
resulting in injury to or death of any person or |
3 | | damage to any vehicle which
is driven or attended by any person |
4 | | shall give the driver's
name, address, registration number and |
5 | | owner of the vehicle
the driver is operating and shall upon |
6 | | request and
if available exhibit such driver's license to the |
7 | | person struck
or the driver
or occupant of or person attending |
8 | | any vehicle collided with
and shall render to any person |
9 | | injured in such crash accident reasonable
assistance, |
10 | | including the carrying or the making of arrangements for the
|
11 | | carrying of such person to a physician, surgeon or hospital |
12 | | for medical
or surgical treatment, if it is apparent that such |
13 | | treatment is
necessary or if such carrying is requested by the |
14 | | injured person.
|
15 | | If none of the persons entitled to information pursuant to |
16 | | this
Section is in condition to receive and understand such |
17 | | information and
no police officer is present, such driver |
18 | | after rendering reasonable
assistance shall forthwith report |
19 | | such motor vehicle crash accident at the
nearest office of a |
20 | | duly authorized police authority, disclosing the
information
|
21 | | required by this Section.
|
22 | | Any person failing to comply with this Section shall be |
23 | | guilty of a Class
A misdemeanor.
|
24 | | (Source: P.A. 83-831.)
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25 | | (625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)
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1 | | Sec. 11-404. Duty upon damaging unattended vehicle or |
2 | | other property. |
3 | | (a) The driver of any vehicle which collides with or is |
4 | | involved in a motor
vehicle crash accident with any vehicle |
5 | | which is unattended, or other property,
resulting in any |
6 | | damage to such other vehicle or property shall
immediately |
7 | | stop and shall then and there either locate and notify the
|
8 | | operator or owner of such vehicle or other
property of the |
9 | | driver's name, address, registration
number and owner of the |
10 | | vehicle the driver was operating or shall
attach securely in a |
11 | | conspicuous place on or in the vehicle
or other property |
12 | | struck a written notice giving the driver's
name, address, |
13 | | registration number and owner of the
vehicle the driver was |
14 | | driving and shall without unnecessary
delay notify the nearest |
15 | | office of a duly authorized police authority and
shall make a |
16 | | written report of such crash accident when and as required in
|
17 | | Section 11-406. Every such stop shall be made without
|
18 | | obstructing traffic more than is necessary. If a damaged |
19 | | vehicle is obstructing traffic lanes, the driver of the |
20 | | vehicle must make every reasonable effort to move the vehicle |
21 | | or have it moved so as not to block the traffic lanes.
|
22 | | (b) Any person failing to comply with this Section shall |
23 | | be guilty of a Class
A misdemeanor. |
24 | | (c) If any peace officer or highway authority official |
25 | | finds (i) a vehicle standing upon a highway or toll highway in |
26 | | violation of a prohibition, limitation, or restriction on |
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1 | | stopping, standing, or parking imposed under this Code or (ii) |
2 | | a disabled vehicle that obstructs the roadway of a highway or |
3 | | toll highway, the peace officer or highway authority official |
4 | | is authorized to move the vehicle or to require the operator of |
5 | | the vehicle to move the vehicle to the shoulder of the road, to |
6 | | a position where parking is permitted, or to public parking or |
7 | | storage premises. The removal may be performed by, or under |
8 | | the direction of, the peace officer or highway authority |
9 | | official or may be contracted for by local authorities. After |
10 | | the vehicle has been removed, the peace officer or highway |
11 | | authority official shall follow appropriate procedures, as |
12 | | provided in Section 4-203 of this Code.
|
13 | | (d) A towing service, its officers, and its employees are |
14 | | not liable for loss of or damages to any real or personal |
15 | | property that occurs as the result of the removal or towing of |
16 | | any vehicle under subsection (c), as provided in subsection |
17 | | (b) of Section 4-213.
|
18 | | (Source: P.A. 95-407, eff. 1-1-08.)
|
19 | | (625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407)
|
20 | | Sec. 11-407. Immediate notice of crash accident .
|
21 | | (a) The driver of a vehicle which is in any manner involved |
22 | | in a crash an
accident described in Section 11-406 of this |
23 | | Chapter shall, if no police
officer is present, give notice of |
24 | | the crash accident by the fastest available
means of |
25 | | communication to the local police department if such crash |
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1 | | accident
occurs within a municipality or otherwise to the |
2 | | nearest office of the
county sheriff or nearest headquarters |
3 | | of the Illinois State Police.
|
4 | | (b) Whenever the driver of a vehicle is physically |
5 | | incapable of giving
immediate notice of a crash an accident as |
6 | | required in Subsection (a) and there was
another occupant in |
7 | | the vehicle at the time of the crash accident capable of
doing |
8 | | so, that occupant must give notice as required in Subsection |
9 | | (a).
|
10 | | (Source: P.A. 76-2163.)
|
11 | | (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
|
12 | | Sec. 11-408. Police to report motor vehicle crash accident |
13 | | investigations.
|
14 | | (a) Every law enforcement officer who investigates a motor |
15 | | vehicle crash accident
for which a report is required by this |
16 | | Article or who prepares a written
report as a result of an |
17 | | investigation either at the time and scene of such
motor |
18 | | vehicle crash accident or thereafter by interviewing |
19 | | participants or
witnesses shall forward a written report of |
20 | | such motor vehicle crash accident
to the Administrator on |
21 | | forms provided by the Administrator under Section
11-411 |
22 | | within 10 days after investigation of the motor
vehicle crash |
23 | | accident , or within such other time as is prescribed by the
|
24 | | Administrator.
Such written reports and the information |
25 | | contained in those reports required to be forwarded by law |
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1 | | enforcement officers
shall not be held confidential by the |
2 | | reporting law
enforcement officer or agency. The Secretary of |
3 | | State may also disclose
notations of crash accident |
4 | | involvement maintained on individual driving records. However, |
5 | | the Administrator or the
Secretary of State may require a |
6 | | supplemental written report from the
reporting law enforcement |
7 | | officer.
|
8 | | (b) The Department at its discretion may require a |
9 | | supplemental written
report from the reporting law enforcement |
10 | | officer on a form supplied by the
Department to be submitted |
11 | | directly to the Department. Such supplemental
report may be |
12 | | used only for crash accident studies and statistical or |
13 | | analytical
purposes under Section 11-412 or 11-414 of this |
14 | | Code.
|
15 | | (c) The Department at its discretion may provide for |
16 | | in-depth
investigations of crashes accidents involving |
17 | | Department employees or other motor vehicle crashes accidents |
18 | | by individuals or
special investigation groups, including but |
19 | | not limited to police officers,
photographers,
engineers, |
20 | | doctors, mechanics, and as a result of the investigation may
|
21 | | require the submission of written reports, photographs, |
22 | | charts, sketches,
graphs, or a combination of all. Such |
23 | | individual written reports,
photographs, charts, sketches, or |
24 | | graphs may be used only for crash accident
studies and |
25 | | statistical or analytical purposes under Section 11-412 or |
26 | | 11-414 of this Code.
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1 | | (d) On and after July 1, 1997, law enforcement officers |
2 | | who have reason to
suspect that the motor
vehicle crash |
3 | | accident was the result of a driver's loss of consciousness |
4 | | due to a
medical condition, as defined by the Driver's License |
5 | | Medical Review Law of
1992, or the result of any medical |
6 | | condition that impaired the
driver's ability to safely operate |
7 | | a motor vehicle shall notify the Secretary
of
this |
8 | | determination. The Secretary, in conjunction with the Driver's |
9 | | License
Medical Advisory Board, shall determine by |
10 | | administrative rule the temporary
conditions not required to |
11 | | be reported under the provisions of this Section.
The
|
12 | | Secretary shall, in conjunction with the Illinois State Police |
13 | | and
representatives of local and county law enforcement |
14 | | agencies, promulgate any
rules necessary and develop the |
15 | | procedures and documents that may be required
to
obtain |
16 | | written, electronic, or other agreed upon methods of |
17 | | notification to
implement the provisions of this Section.
|
18 | | (e) Law enforcement officers reporting under the |
19 | | provisions of subsection
(d) of this Section shall enjoy the |
20 | | same immunities granted members of the
Driver's License |
21 | | Medical Advisory Board under Section 6-910 of this Code.
|
22 | | (f) All information furnished to the Secretary under |
23 | | subsection (d) of this
Section shall be deemed confidential |
24 | | and for the privileged use of the
Secretary in accordance with |
25 | | the provisions of subsection (j) of Section 2-123
of this |
26 | | Code.
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1 | | (Source: P.A. 100-96, eff. 1-1-18 .)
|
2 | | (625 ILCS 5/11-409) (from Ch. 95 1/2, par. 11-409)
|
3 | | Sec. 11-409. False motor vehicle crash accident reports or |
4 | | notices. Any
person who provides information in an oral or |
5 | | written report required by
this Code with knowledge or reason |
6 | | to believe that such
information is false shall be guilty of a |
7 | | Class C misdemeanor.
|
8 | | (Source: P.A. 83-831.)
|
9 | | (625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
|
10 | | Sec. 11-411. Crash Accident report forms.
|
11 | | (a) The Administrator must prepare and upon request supply |
12 | | to police
departments, sheriffs and other appropriate agencies |
13 | | or individuals, forms
for written crash accident reports as |
14 | | required hereunder, suitable with respect
to the persons |
15 | | required to make such reports and the purposes to be served.
|
16 | | The written reports must call for sufficiently detailed |
17 | | information to
disclose with reference to a vehicle crash |
18 | | accident the cause, conditions then
existing, and the persons |
19 | | and vehicles involved or any other data
concerning such crash |
20 | | accident that may be required for a complete analysis of
all |
21 | | related circumstances and events leading to the crash accident |
22 | | or subsequent
to the occurrence.
|
23 | | (b) Every crash accident report required to be made in |
24 | | writing must be made on
an approved form or in an approved |
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1 | | electronic format provided by the Administrator and must
|
2 | | contain all the information required therein unless that |
3 | | information is not
available. The Department shall adopt any |
4 | | rules necessary to implement this subsection (b).
|
5 | | (c) Should special crash accident studies be required by |
6 | | the Administrator,
the Administrator may provide the |
7 | | supplemental forms for the special
studies.
|
8 | | (Source: P.A. 100-96, eff. 1-1-18 .)
|
9 | | (625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
|
10 | | Sec. 11-412. Motor vehicle crash accident reports |
11 | | confidential. |
12 | | (a) All required
written motor vehicle crash accident |
13 | | reports and supplemental reports shall
be without prejudice to |
14 | | the individual so reporting and shall be for the
confidential |
15 | | use of the Department and the Secretary of State and, in the
|
16 | | case of second division vehicles operated under certificate of |
17 | | convenience
and necessity issued by the Illinois Commerce |
18 | | Commission, of the Commission,
except that the Administrator |
19 | | or the Secretary of State or the Commission may
disclose the |
20 | | identity of a person involved in a motor vehicle crash |
21 | | accident
when such identity is not otherwise known or when |
22 | | such person denies his presence at such motor vehicle crash |
23 | | accident and the Department shall disclose
the identity of the |
24 | | insurance carrier, if any, upon demand. The Secretary of
State |
25 | | may also disclose notations of crash accident involvement |
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1 | | maintained on
individual driving records. |
2 | | (b) Upon written request, the Department shall
furnish |
3 | | copies of its written crash accident reports or any |
4 | | supplemental reports to federal, State, and local
agencies |
5 | | that are engaged in highway safety research and studies and to |
6 | | any person or entity that has a contractual agreement with the |
7 | | Department or a federal, State, or local agency to complete a |
8 | | highway safety research and study for the Department or the |
9 | | federal, State, or local agency. Reports
furnished to any |
10 | | agency, person, or entity other than the Secretary of State or |
11 | | the Illinois
Commerce Commission may be used only for |
12 | | statistical or analytical purposes
and shall be held |
13 | | confidential by that agency, person, or entity.
These reports |
14 | | shall be exempt from inspection and copying under the Freedom |
15 | | of Information Act and shall not be used as evidence in any |
16 | | trial, civil
or criminal, arising out of a motor vehicle crash |
17 | | accident , except
that the Administrator shall furnish upon |
18 | | demand of any person who has,
or claims to have, made such a |
19 | | written or supplemental report, or upon demand of any
court, a |
20 | | certificate showing that a specified written crash accident |
21 | | report or supplemental report
has or has not been made to the |
22 | | Administrator solely to prove a compliance
or a failure to |
23 | | comply with the requirement that such a written or |
24 | | supplemental report
be made to the Administrator.
|
25 | | (c) Upon written request, the Department shall furnish |
26 | | motor vehicle crash accident data to a federal, State, or |
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1 | | local agency, the Secretary of State, the Illinois Commerce |
2 | | Commission, or any other person or entity under Section 11-417 |
3 | | of this Code. |
4 | | (d) The Department at its discretion may provide for
|
5 | | in-depth investigations of crashes accidents involving |
6 | | Department employees or other motor vehicle crashes accidents . |
7 | | A
written report describing the preventability of such a crash |
8 | | an accident may be
prepared to enhance the safety of |
9 | | Department employees or the traveling public. Such reports and |
10 | | the information contained in those reports and
any opinions |
11 | | expressed in the review of the crash accident as to the
|
12 | | preventability of the crash accident shall be for the |
13 | | privileged use of the
Department and held confidential and |
14 | | shall not be obtainable or used in any
civil or criminal |
15 | | proceeding.
|
16 | | (Source: P.A. 100-96, eff. 1-1-18 .)
|
17 | | (625 ILCS 5/11-413) (from Ch. 95 1/2, par. 11-413)
|
18 | | Sec. 11-413. Coroners to report. All coroners shall
on or |
19 | | before the 10th day of each month report in writing to the |
20 | | Administrator
the death of any person within their respective |
21 | | jurisdiction,
during the preceding calendar month, as the |
22 | | result of a traffic crash accident giving the
time and place of |
23 | | the crash accident and the circumstances relating thereto.
|
24 | | (Source: P.A. 83-831.)
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1 | | (625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
|
2 | | Sec. 11-414. Department to tabulate and analyze motor |
3 | | vehicle crash accident
reports. The Department shall tabulate |
4 | | and may analyze all written motor
vehicle crash accident |
5 | | reports received in compliance with this Code
and shall |
6 | | publish annually or at more frequent intervals motor vehicle |
7 | | crash accident data. The Department:
|
8 | | 1. (blank);
|
9 | | 2. shall, upon written request, make available to the |
10 | | public
motor vehicle crash accident data that shall be |
11 | | distributed under Sections 11-412 and 11-417 of this Code;
|
12 | | 3. may conduct special investigations of motor vehicle
|
13 | | crashes accidents and may solicit supplementary reports |
14 | | from drivers, owners,
police departments, sheriffs, |
15 | | coroners, or any other individual.
Failure of any |
16 | | individual to submit a supplementary report subjects such
|
17 | | individual to the same penalties for failure to report as |
18 | | designated
under Section 11-406.
|
19 | | (Source: P.A. 100-96, eff. 1-1-18 .)
|
20 | | (625 ILCS 5/11-415) (from Ch. 95 1/2, par. 11-415)
|
21 | | Sec. 11-415. Municipalities may require traffic crash |
22 | | accident reports. Municipalities may by ordinance require that |
23 | | the driver or owner of
a vehicle involved in a traffic crash |
24 | | accident file with the designated municipal
office a written
|
25 | | report of such crash accident . All such reports shall be for |
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1 | | the confidential
use of the municipal office and subject to |
2 | | the provisions of Section 11-412.
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3 | | (Source: P.A. 83-831.)
|
4 | | (625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
|
5 | | Sec. 11-416. Furnishing
copies - Fees.
The Illinois State |
6 | | Police may furnish copies of an Illinois
State Police Traffic |
7 | | Crash Accident Report that has been investigated by the |
8 | | Illinois
State Police and shall be paid a fee of $5 for each |
9 | | such
copy, or in the case of a crash an accident which was |
10 | | investigated by a crash an accident
reconstruction officer or |
11 | | crash accident reconstruction team, a fee of $20 shall be
|
12 | | paid. These fees shall be deposited into the State Police |
13 | | Services Fund.
|
14 | | Other State law enforcement agencies or law enforcement |
15 | | agencies of
local authorities may furnish copies of traffic |
16 | | crash accident reports
prepared by such agencies and may |
17 | | receive a fee not to exceed $5 for each
copy or in the case of |
18 | | a crash an accident which was investigated by a crash an |
19 | | accident
reconstruction officer or crash accident |
20 | | reconstruction team, the State or local law
enforcement agency |
21 | | may receive a fee not to exceed $20.
|
22 | | Any written crash accident report required or requested to |
23 | | be furnished the
Administrator shall be provided without cost |
24 | | or fee charges authorized
under this Section or any other |
25 | | provision of law.
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1 | | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
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2 | | (625 ILCS 5/11-417) |
3 | | Sec. 11-417. Motor vehicle crash accident report and motor |
4 | | vehicle crash accident data. |
5 | | (a) Upon written request and payment of the required fee, |
6 | | the Department shall make available to the public motor |
7 | | vehicle crash accident data received in compliance with this |
8 | | Code. The Department shall adopt any rules necessary to |
9 | | establish a fee schedule for motor vehicle crash accident data |
10 | | made available under Section 11-414 of this Code. |
11 | | (b) The Department shall provide copies of a written motor |
12 | | vehicle crash accident report or motor vehicle crash accident |
13 | | data without any cost or fees authorized under any provision |
14 | | of law to a federal, State, or local agency, the Secretary of |
15 | | State, the Illinois Commerce Commission, or any other person |
16 | | or entity that has a contractual agreement with the Department |
17 | | or a federal, State, or local agency to complete a highway |
18 | | safety research and study for the Department or the federal, |
19 | | State, or local agency. |
20 | | (c) All fees collected under this Section shall be placed |
21 | | in the Road Fund to be used, subject to appropriation, for the |
22 | | costs associated with motor vehicle crash accident records and |
23 | | motor vehicle crash accident data.
|
24 | | (Source: P.A. 100-96, eff. 1-1-18 .)
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1 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) |
2 | | Sec. 11-501. Driving while under the influence of alcohol, |
3 | | other drug or drugs, intoxicating compound or compounds or any |
4 | | combination thereof.
|
5 | | (a) A person shall not drive or be in actual physical |
6 | | control of any vehicle within this State while: |
7 | | (1) the alcohol concentration in the person's blood, |
8 | | other bodily substance, or breath is 0.08 or more based on |
9 | | the definition of blood and breath units in Section |
10 | | 11-501.2; |
11 | | (2) under the influence of alcohol; |
12 | | (3) under the influence of any intoxicating compound |
13 | | or combination of intoxicating compounds to a degree that |
14 | | renders the person incapable of driving safely; |
15 | | (4) under the influence of any other drug or |
16 | | combination of drugs to a degree that renders the person |
17 | | incapable of safely driving; |
18 | | (5) under the combined influence of alcohol, other |
19 | | drug or drugs, or intoxicating compound or compounds to a |
20 | | degree that renders the person incapable of safely |
21 | | driving; |
22 | | (6) there is any amount of a drug, substance, or |
23 | | compound in the person's breath, blood, other bodily |
24 | | substance, or urine resulting from the unlawful use or |
25 | | consumption of a controlled substance listed in the |
26 | | Illinois Controlled Substances Act, an intoxicating |
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1 | | compound listed in the Use of Intoxicating Compounds Act, |
2 | | or methamphetamine as listed in the Methamphetamine |
3 | | Control and Community Protection Act; or |
4 | | (7) the person has, within 2 hours of driving or being |
5 | | in actual physical control of a vehicle, a |
6 | | tetrahydrocannabinol concentration in the person's whole |
7 | | blood or other bodily substance as defined in paragraph 6 |
8 | | of subsection (a) of Section 11-501.2 of this Code.
|
9 | | Subject to all other requirements and provisions under |
10 | | this Section, this paragraph (7) does not apply to the |
11 | | lawful consumption of cannabis by a qualifying patient |
12 | | licensed under the Compassionate Use of Medical Cannabis |
13 | | Program Act who is in possession of a valid registry card |
14 | | issued under that Act, unless that person is impaired by |
15 | | the use of cannabis. |
16 | | (b) The fact that any person charged with violating this |
17 | | Section is or has been legally entitled to use alcohol, |
18 | | cannabis under the Compassionate Use of Medical Cannabis |
19 | | Program Act, other drug or drugs, or intoxicating compound or |
20 | | compounds, or any combination thereof, shall not constitute a |
21 | | defense against any charge of violating this Section. |
22 | | (c) Penalties. |
23 | | (1) Except as otherwise provided in this Section, any |
24 | | person convicted of violating subsection (a) of this |
25 | | Section is guilty of a Class A misdemeanor. |
26 | | (2) A person who violates subsection (a) or a similar |
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1 | | provision a second time shall be sentenced to a mandatory |
2 | | minimum term of either 5 days of imprisonment or 240 hours |
3 | | of community service in addition to any other criminal or |
4 | | administrative sanction. |
5 | | (3) A person who violates subsection (a) is subject to |
6 | | 6 months of imprisonment, an additional mandatory minimum |
7 | | fine of $1,000, and 25 days of community service in a |
8 | | program benefiting children if the person was transporting |
9 | | a person under the age of 16 at the time of the violation. |
10 | | (4) A person who violates subsection (a) a first time, |
11 | | if the alcohol concentration in his or her blood, breath, |
12 | | other bodily substance, or urine was 0.16 or more based on |
13 | | the definition of blood, breath, other bodily substance, |
14 | | or urine units in Section 11-501.2, shall be subject, in |
15 | | addition to any other penalty that may be imposed, to a |
16 | | mandatory minimum of 100 hours of community service and a |
17 | | mandatory minimum fine of $500. |
18 | | (5) A person who violates subsection (a) a second |
19 | | time, if at the time of the second violation the alcohol |
20 | | concentration in his or her blood, breath, other bodily |
21 | | substance, or urine was 0.16 or more based on the |
22 | | definition of blood, breath, other bodily substance, or |
23 | | urine units in Section 11-501.2, shall be subject, in |
24 | | addition to any other penalty that may be imposed, to a |
25 | | mandatory minimum of 2 days of imprisonment and a |
26 | | mandatory minimum fine of $1,250. |
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1 | | (d) Aggravated driving under the influence of alcohol, |
2 | | other drug or drugs, or intoxicating compound or compounds, or |
3 | | any combination thereof.
|
4 | | (1) Every person convicted of committing a violation |
5 | | of this Section shall be guilty of aggravated driving |
6 | | under the influence of alcohol, other drug or drugs, or |
7 | | intoxicating compound or compounds, or any combination |
8 | | thereof if: |
9 | | (A) the person committed a violation of subsection |
10 | | (a) or a similar provision for the third or subsequent |
11 | | time; |
12 | | (B) the person committed a violation of subsection |
13 | | (a) while driving a school bus with one or more |
14 | | passengers on board; |
15 | | (C) the person in committing a violation of |
16 | | subsection (a) was involved in a motor vehicle crash |
17 | | accident that resulted in great bodily harm or |
18 | | permanent disability or disfigurement to another, when |
19 | | the violation was a proximate cause of the injuries; |
20 | | (D) the person committed a violation of subsection |
21 | | (a) and has been previously convicted of violating |
22 | | Section 9-3 of the Criminal Code of 1961 or the |
23 | | Criminal Code of 2012 or a similar provision of a law |
24 | | of another state relating to reckless homicide in |
25 | | which the person was determined to have been under the |
26 | | influence of alcohol, other drug or drugs, or |
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1 | | intoxicating compound or compounds as an element of |
2 | | the offense or the person has previously been |
3 | | convicted under subparagraph (C) or subparagraph (F) |
4 | | of this paragraph (1); |
5 | | (E) the person, in committing a violation of |
6 | | subsection (a) while driving at any speed in a school |
7 | | speed zone at a time when a speed limit of 20 miles per |
8 | | hour was in effect under subsection (a) of Section |
9 | | 11-605 of this Code, was involved in a motor vehicle |
10 | | crash accident that resulted in bodily harm, other |
11 | | than great bodily harm or permanent disability or |
12 | | disfigurement, to another person, when the violation |
13 | | of subsection (a) was a proximate cause of the bodily |
14 | | harm; |
15 | | (F) the person, in committing a violation of |
16 | | subsection (a), was involved in a motor vehicle crash |
17 | | or , snowmobile, all-terrain vehicle, or watercraft |
18 | | accident that resulted in the death of another person, |
19 | | when the violation of subsection (a) was a proximate |
20 | | cause of the death; |
21 | | (G) the person committed a violation of subsection |
22 | | (a) during a period in which the defendant's driving |
23 | | privileges are revoked or suspended, where the |
24 | | revocation or suspension was for a violation of |
25 | | subsection (a) or a similar provision, Section |
26 | | 11-501.1, paragraph (b) of Section 11-401, or for |
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1 | | reckless homicide as defined in Section 9-3 of the |
2 | | Criminal Code of 1961 or the Criminal Code of 2012; |
3 | | (H) the person committed the violation while he or |
4 | | she did not possess a driver's license or permit or a |
5 | | restricted driving permit or a judicial driving permit |
6 | | or a monitoring device driving permit; |
7 | | (I) the person committed the violation while he or |
8 | | she knew or should have known that the vehicle he or |
9 | | she was driving was not covered by a liability |
10 | | insurance policy; |
11 | | (J) the person in committing a violation of |
12 | | subsection (a) was involved in a motor vehicle crash |
13 | | accident that resulted in bodily harm, but not great |
14 | | bodily harm, to the child under the age of 16 being |
15 | | transported by the person, if the violation was the |
16 | | proximate cause of the injury; |
17 | | (K) the person in committing a second violation of |
18 | | subsection (a) or a similar provision was transporting |
19 | | a person under the age of 16; or |
20 | | (L) the person committed a violation of subsection |
21 | | (a) of this Section while transporting one or more |
22 | | passengers in a vehicle for-hire. |
23 | | (2)(A) Except as provided otherwise, a person |
24 | | convicted of aggravated driving under the influence of |
25 | | alcohol, other drug or drugs, or intoxicating compound or |
26 | | compounds, or any combination thereof is guilty of a Class |
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1 | | 4 felony. |
2 | | (B) A third violation of this Section or a similar |
3 | | provision is a Class 2 felony. If at the time of the third |
4 | | violation the alcohol concentration in his or her blood, |
5 | | breath, other bodily substance, or urine was 0.16 or more |
6 | | based on the definition of blood, breath, other bodily |
7 | | substance, or urine units in Section 11-501.2, a mandatory |
8 | | minimum of 90 days of imprisonment and a mandatory minimum |
9 | | fine of $2,500 shall be imposed in addition to any other |
10 | | criminal or administrative sanction. If at the time of the |
11 | | third violation, the defendant was transporting a person |
12 | | under the age of 16, a mandatory fine of $25,000 and 25 |
13 | | days of community service in a program benefiting children |
14 | | shall be imposed in addition to any other criminal or |
15 | | administrative sanction. |
16 | | (C) A fourth violation of this Section or a similar |
17 | | provision is a Class 2 felony, for which a sentence of |
18 | | probation or conditional discharge may not be imposed. If |
19 | | at the time of the violation, the alcohol concentration in |
20 | | the defendant's blood, breath, other bodily substance, or |
21 | | urine was 0.16 or more based on the definition of blood, |
22 | | breath, other bodily substance, or urine units in Section |
23 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
24 | | imposed in addition to any other criminal or |
25 | | administrative sanction. If at the time of the fourth |
26 | | violation, the defendant was transporting a person under |
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1 | | the age of 16 a mandatory fine of $25,000 and 25 days of |
2 | | community service in a program benefiting children shall |
3 | | be imposed in addition to any other criminal or |
4 | | administrative sanction. |
5 | | (D) A fifth violation of this Section or a similar |
6 | | provision is a Class 1 felony, for which a sentence of |
7 | | probation or conditional discharge may not be imposed. If |
8 | | at the time of the violation, the alcohol concentration in |
9 | | the defendant's blood, breath, other bodily substance, or |
10 | | urine was 0.16 or more based on the definition of blood, |
11 | | breath, other bodily substance, or urine units in Section |
12 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
13 | | imposed in addition to any other criminal or |
14 | | administrative sanction. If at the time of the fifth |
15 | | violation, the defendant was transporting a person under |
16 | | the age of 16, a mandatory fine of $25,000, and 25 days of |
17 | | community service in a program benefiting children shall |
18 | | be imposed in addition to any other criminal or |
19 | | administrative sanction. |
20 | | (E) A sixth or subsequent violation of this Section or |
21 | | similar provision is a Class X felony. If at the time of |
22 | | the violation, the alcohol concentration in the |
23 | | defendant's blood, breath, other bodily substance, or |
24 | | urine was 0.16 or more based on the definition of blood, |
25 | | breath, other bodily substance, or urine units in Section |
26 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
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1 | | imposed in addition to any other criminal or |
2 | | administrative sanction. If at the time of the violation, |
3 | | the defendant was transporting a person under the age of |
4 | | 16, a mandatory fine of $25,000 and 25 days of community |
5 | | service in a program benefiting children shall be imposed |
6 | | in addition to any other criminal or administrative |
7 | | sanction. |
8 | | (F) For a violation of subparagraph (C) of paragraph |
9 | | (1) of this subsection (d), the defendant, if sentenced to |
10 | | a term of imprisonment, shall be sentenced to not less |
11 | | than one year nor more than 12 years. |
12 | | (G) A violation of subparagraph (F) of paragraph (1) |
13 | | of this subsection (d) is a Class 2 felony, for which the |
14 | | defendant, unless the court determines that extraordinary |
15 | | circumstances exist and require probation, shall be |
16 | | sentenced to: (i) a term of imprisonment of not less than 3 |
17 | | years and not more than 14 years if the violation resulted |
18 | | in the death of one person; or (ii) a term of imprisonment |
19 | | of not less than 6 years and not more than 28 years if the |
20 | | violation resulted in the deaths of 2 or more persons. |
21 | | (H) For a violation of subparagraph (J) of paragraph |
22 | | (1) of this subsection (d), a mandatory fine of $2,500, |
23 | | and 25 days of community service in a program benefiting |
24 | | children shall be imposed in addition to any other |
25 | | criminal or administrative sanction. |
26 | | (I) A violation of subparagraph (K) of paragraph (1) |
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1 | | of this subsection (d), is a Class 2 felony and a mandatory |
2 | | fine of $2,500, and 25 days of community service in a |
3 | | program benefiting children shall be imposed in addition |
4 | | to any other criminal or administrative sanction. If the |
5 | | child being transported suffered bodily harm, but not |
6 | | great bodily harm, in a motor vehicle crash accident , and |
7 | | the violation was the proximate cause of that injury, a |
8 | | mandatory fine of $5,000 and 25 days of community service |
9 | | in a program benefiting children shall be imposed in |
10 | | addition to any other criminal or administrative sanction. |
11 | | (J) A violation of subparagraph (D) of paragraph (1) |
12 | | of this subsection (d) is a Class 3 felony, for which a |
13 | | sentence of probation or conditional discharge may not be |
14 | | imposed. |
15 | | (3) Any person sentenced under this subsection (d) who |
16 | | receives a term of probation or conditional discharge must |
17 | | serve a minimum term of either 480 hours of community |
18 | | service or 10 days of imprisonment as a condition of the |
19 | | probation or conditional discharge in addition to any |
20 | | other criminal or administrative sanction. |
21 | | (e) Any reference to a prior violation of subsection (a) |
22 | | or a similar provision includes any violation of a provision |
23 | | of a local ordinance or a provision of a law of another state |
24 | | or an offense committed on a military installation that is |
25 | | similar to a violation of subsection (a) of this Section. |
26 | | (f) The imposition of a mandatory term of imprisonment or |
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1 | | assignment of community service for a violation of this |
2 | | Section shall not be suspended or reduced by the court. |
3 | | (g) Any penalty imposed for driving with a license that |
4 | | has been revoked for a previous violation of subsection (a) of |
5 | | this Section shall be in addition to the penalty imposed for |
6 | | any subsequent violation of subsection (a). |
7 | | (h) For any prosecution under this Section, a certified |
8 | | copy of the driving abstract of the defendant shall be |
9 | | admitted as proof of any prior conviction.
|
10 | | (Source: P.A. 101-363, eff. 8-9-19.)
|
11 | | (625 ILCS 5/11-501.1)
|
12 | | Sec. 11-501.1. Suspension of drivers license; statutory |
13 | | summary
alcohol, other drug or drugs, or intoxicating compound |
14 | | or
compounds related suspension or revocation; implied |
15 | | consent. |
16 | | (a) Any person who drives or is in actual physical control |
17 | | of a motor
vehicle upon the public highways of this State shall |
18 | | be deemed to have given
consent, subject to the provisions of |
19 | | Section 11-501.2, to a chemical test or
tests of blood, |
20 | | breath, other bodily substance, or urine for the purpose of |
21 | | determining the content of
alcohol, other drug or drugs, or |
22 | | intoxicating compound or compounds or
any combination thereof |
23 | | in the person's blood if arrested,
as evidenced by the |
24 | | issuance of a Uniform Traffic Ticket, for any offense
as |
25 | | defined in Section 11-501 or a similar provision of a local |
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1 | | ordinance, or if arrested for violating Section 11-401.
If a |
2 | | law enforcement officer has probable cause to believe the |
3 | | person was under the influence of alcohol, other drug or |
4 | | drugs, intoxicating compound or compounds, or any combination |
5 | | thereof, the law enforcement officer shall request a chemical |
6 | | test or tests which shall be administered at the direction of |
7 | | the arresting
officer. The law enforcement agency employing |
8 | | the officer shall designate which
of the aforesaid tests shall |
9 | | be administered. Up to 2 additional tests of urine or other |
10 | | bodily substance may be administered
even after a blood or |
11 | | breath test or both has
been administered. For purposes of |
12 | | this Section, an Illinois law
enforcement officer of this |
13 | | State who is investigating the person for any
offense defined |
14 | | in Section 11-501 may travel into an adjoining state, where
|
15 | | the person has been transported for medical care, to complete |
16 | | an
investigation and to request that the person submit to the |
17 | | test or tests
set forth in this Section. The requirements of |
18 | | this Section that the
person be arrested are inapplicable, but |
19 | | the officer shall issue the person
a Uniform Traffic Ticket |
20 | | for an offense as defined in Section 11-501 or a
similar |
21 | | provision of a local ordinance prior to requesting that the |
22 | | person
submit to the test or tests. The issuance of the Uniform |
23 | | Traffic Ticket
shall not constitute an arrest, but shall be |
24 | | for the purpose of notifying
the person that he or she is |
25 | | subject to the provisions of this Section and
of the officer's |
26 | | belief of the existence of probable cause to
arrest. Upon |
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1 | | returning to this State, the officer shall file the Uniform
|
2 | | Traffic Ticket with the Circuit Clerk of the county where the |
3 | | offense was
committed, and shall seek the issuance of an |
4 | | arrest warrant or a summons
for the person. |
5 | | (a-5) (Blank). |
6 | | (b) Any person who is dead, unconscious, or who is |
7 | | otherwise in a condition
rendering the person incapable of |
8 | | refusal, shall be deemed not to have
withdrawn the consent |
9 | | provided by paragraph (a) of this Section and the test or
tests |
10 | | may be administered, subject to the provisions of Section |
11 | | 11-501.2. |
12 | | (c) A person requested to submit to a test as provided |
13 | | above shall
be warned by the law enforcement officer |
14 | | requesting the test that a
refusal to submit to the test will |
15 | | result in the statutory summary
suspension of the person's |
16 | | privilege to operate a motor vehicle, as provided
in Section |
17 | | 6-208.1 of this Code, and will also result in the |
18 | | disqualification of the person's privilege to operate a |
19 | | commercial motor vehicle, as provided in Section 6-514 of this |
20 | | Code, if the person is a CDL holder. The person shall also be |
21 | | warned that a refusal to submit to the test, when the person |
22 | | was involved in a motor vehicle crash accident that caused |
23 | | personal injury or death to another, will result in the |
24 | | statutory summary revocation of the person's privilege to |
25 | | operate a motor vehicle, as provided in Section 6-208.1, and |
26 | | will also result in the disqualification of the person's |
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1 | | privilege to operate a commercial motor vehicle, as provided |
2 | | in Section 6-514 of this Code, if the person is a CDL holder. |
3 | | The person shall also be warned by the law
enforcement officer |
4 | | that if the person submits to the test or tests
provided in |
5 | | paragraph (a) of this Section and the alcohol concentration in
|
6 | | the person's blood, other bodily substance, or breath is 0.08 |
7 | | or greater, or testing discloses the presence of cannabis as |
8 | | listed in the Cannabis Control Act with a tetrahydrocannabinol |
9 | | concentration as defined in paragraph 6 of subsection (a) of |
10 | | Section 11-501.2 of this Code, or any amount of
a
drug, |
11 | | substance, or 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 detected in the person's
blood, other bodily substance |
17 | | or urine, a statutory summary suspension of the person's |
18 | | privilege to
operate a motor vehicle, as provided in Sections |
19 | | 6-208.1 and 11-501.1 of this
Code, will be imposed. If the |
20 | | person is also a CDL holder, he or she shall be warned by the |
21 | | law
enforcement officer that if the person submits to the test |
22 | | or tests
provided in paragraph (a) of this Section and the |
23 | | alcohol concentration in
the person's blood, other bodily |
24 | | substance, or breath is 0.08 or greater, or any amount of
a
|
25 | | drug, substance, or compound resulting from the unlawful use |
26 | | or consumption
of cannabis as covered by the Cannabis Control |
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1 | | Act, a controlled
substance
listed in the Illinois Controlled |
2 | | Substances Act, an intoxicating compound
listed in the Use of |
3 | | Intoxicating Compounds Act, or methamphetamine as listed in |
4 | | the Methamphetamine Control and Community Protection Act is |
5 | | detected in the person's
blood, other bodily substance, or |
6 | | urine, a disqualification of
the person's privilege to operate |
7 | | a commercial motor vehicle, as provided in Section 6-514 of |
8 | | this Code, will be imposed. |
9 | | A person who is under the age of 21 at the time the person |
10 | | is requested to
submit to a test as provided above shall, in |
11 | | addition to the warnings provided
for in this Section, be |
12 | | further warned by the law enforcement officer
requesting the |
13 | | test that if the person submits to the test or tests provided |
14 | | in
paragraph (a) of this Section and the alcohol concentration |
15 | | in the person's
blood, other bodily substance, or breath is |
16 | | greater than 0.00 and less than 0.08, a
suspension of the
|
17 | | person's privilege to operate a motor vehicle, as provided |
18 | | under Sections
6-208.2 and 11-501.8 of this Code, will be |
19 | | imposed. The results of this test
shall be admissible in a |
20 | | civil or criminal action or proceeding arising from an
arrest |
21 | | for an offense as defined in Section 11-501 of this Code or a |
22 | | similar
provision of a local ordinance or pursuant to Section |
23 | | 11-501.4 in prosecutions
for reckless homicide brought under |
24 | | the Criminal Code of 1961 or the Criminal Code of 2012. These |
25 | | test
results, however, shall be admissible only in actions or |
26 | | proceedings directly
related to the incident upon which the |
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1 | | test request was made. |
2 | | A person requested to submit to a test shall also |
3 | | acknowledge, in writing, receipt of the warning required under |
4 | | this Section. If the person refuses to acknowledge receipt of |
5 | | the warning, the law enforcement officer shall make a written |
6 | | notation on the warning that the person refused to sign the |
7 | | warning. A person's refusal to sign the warning shall not be |
8 | | evidence that the person was not read the warning. |
9 | | (d) If the person refuses testing or submits to a test that |
10 | | discloses
an alcohol concentration of 0.08 or more, or testing |
11 | | discloses the presence of cannabis as listed in the Cannabis |
12 | | Control Act with a tetrahydrocannabinol concentration as |
13 | | defined in paragraph 6 of subsection (a) of Section 11-501.2 |
14 | | of this Code, or any amount of a drug,
substance, or |
15 | | intoxicating compound in the person's breath, blood,
other |
16 | | bodily substance, or urine resulting from the
unlawful use or |
17 | | consumption of a controlled substance listed in the Illinois |
18 | | Controlled Substances
Act, an intoxicating compound listed in |
19 | | the Use of Intoxicating Compounds
Act, or methamphetamine as |
20 | | listed in the Methamphetamine Control and Community Protection |
21 | | Act, the law enforcement officer shall immediately submit a |
22 | | sworn report to
the
circuit court of venue and the Secretary of |
23 | | State, certifying that the test or
tests was or were requested |
24 | | under paragraph (a) and the person refused to
submit to a test, |
25 | | or tests, or submitted to testing that disclosed an alcohol
|
26 | | concentration of 0.08 or more, testing discloses the presence |
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1 | | of cannabis as listed in the Cannabis Control Act with a |
2 | | tetrahydrocannabinol concentration as defined in paragraph 6 |
3 | | of subsection (a) of Section 11-501.2 of this Code, or any |
4 | | amount of a drug,
substance, or intoxicating compound in the |
5 | | person's breath, blood, other bodily substance, or urine |
6 | | resulting from the
unlawful use or consumption of a controlled |
7 | | substance listed in the Illinois Controlled Substances
Act, an |
8 | | intoxicating compound listed in the Use of Intoxicating |
9 | | Compounds
Act, or methamphetamine as listed in the |
10 | | Methamphetamine Control and Community Protection Act. If the |
11 | | person is also a CDL holder and refuses testing or submits to a |
12 | | test that discloses
an alcohol concentration of 0.08 or more, |
13 | | or any amount of a drug,
substance, or intoxicating compound |
14 | | in the person's breath, blood, other bodily substance, or |
15 | | urine resulting from the
unlawful use or consumption of |
16 | | cannabis listed in the Cannabis Control Act, a controlled |
17 | | substance listed in the Illinois Controlled Substances
Act, an |
18 | | intoxicating compound listed in the Use of Intoxicating |
19 | | Compounds
Act, or methamphetamine as listed in the |
20 | | Methamphetamine Control and Community Protection Act, the law |
21 | | enforcement officer shall also immediately submit a sworn |
22 | | report to
the
circuit court of venue and the Secretary of |
23 | | State, certifying that the test or
tests was or were requested |
24 | | under paragraph (a) and the person refused to
submit to a test, |
25 | | or tests, or submitted to testing that disclosed an alcohol |
26 | | concentration of 0.08 or more, or any amount of a drug,
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1 | | substance, or intoxicating compound in the person's breath, |
2 | | blood, other bodily substance, or urine resulting from the
|
3 | | unlawful use or consumption of cannabis listed in the Cannabis |
4 | | Control Act, 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. |
9 | | (e) Upon receipt of the sworn report of a law enforcement |
10 | | officer
submitted under paragraph (d), the Secretary of State |
11 | | shall enter the
statutory summary suspension or revocation and |
12 | | disqualification for the periods specified in Sections
6-208.1 |
13 | | and 6-514, respectively,
and effective as provided in |
14 | | paragraph (g). |
15 | | If the person is a first offender as defined in Section |
16 | | 11-500 of this
Code, and is not convicted of a violation of |
17 | | Section 11-501
of this Code or a similar provision of a local |
18 | | ordinance, then reports
received by the Secretary of State |
19 | | under this Section shall, except during
the actual time the |
20 | | Statutory Summary Suspension is in effect, be
privileged |
21 | | information and for use only by the courts, police officers,
|
22 | | prosecuting authorities or the Secretary of State, unless the |
23 | | person is a CDL holder, is operating a commercial motor |
24 | | vehicle or vehicle required to be placarded for hazardous |
25 | | materials, in which case the suspension shall not be |
26 | | privileged. Reports received by the Secretary of State under |
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1 | | this Section shall also be made available to the parent or |
2 | | guardian of a person under the age of 18 years that holds an |
3 | | instruction permit or a graduated driver's license, regardless |
4 | | of whether the statutory summary suspension is in effect. A |
5 | | statutory summary revocation shall not be privileged |
6 | | information. |
7 | | (f) The law enforcement officer submitting the sworn |
8 | | report under paragraph
(d) shall serve immediate notice of the |
9 | | statutory summary suspension or revocation on the
person and |
10 | | the suspension or revocation and disqualification shall be |
11 | | effective as provided in paragraph (g). |
12 | | (1) In
cases involving a person who is not a CDL holder |
13 | | where the blood alcohol concentration of 0.08 or greater |
14 | | or
any amount of
a drug, substance, or compound resulting |
15 | | from the unlawful use or consumption
of a controlled
|
16 | | substance
listed in the Illinois Controlled Substances |
17 | | Act,
an intoxicating compound
listed in the Use of |
18 | | Intoxicating Compounds Act, or methamphetamine as listed |
19 | | in the Methamphetamine Control and Community Protection |
20 | | Act is established by a
subsequent
analysis of blood, |
21 | | other bodily substance, or urine or analysis of whole |
22 | | blood or other bodily substance establishes a |
23 | | tetrahydrocannabinol concentration as defined in paragraph |
24 | | 6 of subsection (a) of Section 11-501.2 of this Code, |
25 | | collected at the time of arrest, the arresting
officer or |
26 | | arresting agency shall give notice as provided in this |
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1 | | Section or by
deposit in the United States mail of the |
2 | | notice in an envelope with postage
prepaid and addressed |
3 | | to the person at his or her address as shown on the Uniform
|
4 | | Traffic Ticket and the statutory summary suspension shall |
5 | | begin as provided in
paragraph (g). |
6 | | (1.3) In cases involving a person who is a CDL holder |
7 | | where the blood alcohol concentration of 0.08 or greater |
8 | | or
any amount of
a drug, substance, or compound resulting |
9 | | from the unlawful use or consumption
of cannabis as |
10 | | covered by the Cannabis Control Act, a controlled
|
11 | | substance
listed in the Illinois Controlled Substances |
12 | | Act,
an intoxicating compound
listed in the Use of |
13 | | Intoxicating Compounds Act, or methamphetamine as listed |
14 | | in the Methamphetamine Control and Community Protection |
15 | | Act is established by a
subsequent
analysis of blood, |
16 | | other bodily substance, or urine collected at the time of |
17 | | arrest, the arresting
officer or arresting agency shall |
18 | | give notice as provided in this Section or by
deposit in |
19 | | the United States mail of the notice in an envelope with |
20 | | postage
prepaid and addressed to the person at his or her |
21 | | address as shown on the Uniform
Traffic Ticket and the |
22 | | statutory summary suspension and disqualification shall |
23 | | begin as provided in
paragraph (g). |
24 | | (1.5) The officer shall confiscate any Illinois |
25 | | driver's license or
permit on the person at the time of |
26 | | arrest. If the person has a valid driver's
license or |
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1 | | permit, the officer shall issue the person a receipt, in
a |
2 | | form prescribed by the Secretary of State, that will allow |
3 | | that person
to drive during the periods provided for in |
4 | | paragraph (g). The officer
shall immediately forward the |
5 | | driver's license or permit to the circuit
court of venue |
6 | | along with the sworn report provided for in
paragraph (d). |
7 | | (2) (Blank). |
8 | | (g) The statutory summary suspension or revocation and |
9 | | disqualification
referred to in this Section shall
take effect |
10 | | on the 46th day following the date the notice of the statutory
|
11 | | summary suspension or revocation was given to the person. |
12 | | (h) The following procedure shall apply
whenever a person |
13 | | is arrested for any offense as defined in Section 11-501
or a |
14 | | similar provision of a local ordinance: |
15 | | Upon receipt of the sworn report from the law enforcement |
16 | | officer,
the Secretary of State shall confirm the statutory |
17 | | summary suspension or revocation by
mailing a notice of the |
18 | | effective date of the suspension or revocation to the person |
19 | | and
the court of venue. The Secretary of State shall also mail |
20 | | notice of the effective date of the disqualification to the |
21 | | person. However, should the sworn report be defective by not
|
22 | | containing sufficient information or be completed in error, |
23 | | the
confirmation of the statutory summary suspension or |
24 | | revocation shall not be mailed to the
person or entered to the |
25 | | record; instead, the sworn report shall
be
forwarded to the |
26 | | court of venue with a copy returned to the issuing agency
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1 | | identifying any defect. |
2 | | (i) As used in this Section, "personal injury" includes |
3 | | any Type A injury as indicated on the traffic crash accident |
4 | | report completed by a law enforcement officer that requires |
5 | | immediate professional attention in either a doctor's office |
6 | | or a medical facility. A Type A injury includes severely |
7 | | bleeding wounds, distorted extremities, and injuries that |
8 | | require the injured party to be carried from the scene. |
9 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; |
10 | | 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
|
11 | | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
|
12 | | Sec. 11-501.2. Chemical and other tests.
|
13 | | (a) Upon the trial of any civil or criminal action or |
14 | | proceeding arising out
of an arrest for an offense as defined |
15 | | in Section 11-501 or a similar local
ordinance or proceedings |
16 | | pursuant to Section 2-118.1, evidence of the
concentration of |
17 | | alcohol, other drug or drugs, or intoxicating compound or
|
18 | | compounds, or any combination thereof in a person's blood
or |
19 | | breath at the time alleged, as determined by analysis of the |
20 | | person's blood,
urine, breath, or other bodily substance, |
21 | | shall be admissible. Where such test
is made the following |
22 | | provisions shall apply:
|
23 | | 1. Chemical analyses of the person's blood, urine, |
24 | | breath, or other bodily
substance to be considered valid |
25 | | under the provisions of this Section shall
have been |
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1 | | performed according to standards promulgated by the |
2 | | Illinois State Police
by
a licensed physician, registered |
3 | | nurse, trained phlebotomist, licensed paramedic, or other |
4 | | individual
possessing a valid permit issued by that |
5 | | Department for
this purpose. The Director of the Illinois |
6 | | State Police is authorized to approve satisfactory
|
7 | | techniques or methods, to ascertain the qualifications and |
8 | | competence of
individuals to conduct such analyses, to |
9 | | issue permits which shall be subject
to termination or |
10 | | revocation at the discretion of that Department and to
|
11 | | certify the accuracy of breath testing equipment. The |
12 | | Illinois
State Police shall prescribe regulations as |
13 | | necessary to
implement this
Section.
|
14 | | 2. When a person in this State shall submit to a blood |
15 | | test at the request
of a law enforcement officer under the |
16 | | provisions of Section 11-501.1, only a
physician |
17 | | authorized to practice medicine, a licensed physician |
18 | | assistant, a licensed advanced practice registered nurse, |
19 | | a registered nurse, trained
phlebotomist, or licensed |
20 | | paramedic, or other
qualified person approved by the |
21 | | Illinois State Police may withdraw blood
for the purpose |
22 | | of determining the alcohol, drug, or alcohol and drug |
23 | | content
therein. This limitation shall not apply to the |
24 | | taking of breath, other bodily substance, or urine
|
25 | | specimens.
|
26 | | When a blood test of a person who has been taken to an |
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1 | | adjoining state
for medical treatment is requested by an |
2 | | Illinois law enforcement officer,
the blood may be |
3 | | withdrawn only by a physician authorized to practice
|
4 | | medicine in the adjoining state, a licensed physician |
5 | | assistant, a licensed advanced practice registered nurse, |
6 | | a registered nurse, a trained
phlebotomist acting under |
7 | | the direction of the physician, or licensed
paramedic. The |
8 | | law
enforcement officer requesting the test shall take |
9 | | custody of the blood
sample, and the blood sample shall be |
10 | | analyzed by a laboratory certified by the
Illinois State |
11 | | Police for that purpose.
|
12 | | 3. The person tested may have a physician, or a |
13 | | qualified technician,
chemist, registered nurse, or other |
14 | | qualified person of their own choosing
administer a |
15 | | chemical test or tests in addition to any administered at |
16 | | the
direction of a law enforcement officer. The failure or |
17 | | inability to obtain
an additional test by a person shall |
18 | | not preclude the admission of evidence
relating to the |
19 | | test or tests taken at the direction of a law enforcement
|
20 | | officer.
|
21 | | 4. Upon the request of the person who shall submit 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 such
person's |
25 | | attorney.
|
26 | | 5. Alcohol concentration shall mean either grams of |
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1 | | alcohol per 100
milliliters of blood or grams of alcohol |
2 | | per 210 liters of breath.
|
3 | | 6. Tetrahydrocannabinol concentration means either 5 |
4 | | nanograms or more of delta-9-tetrahydrocannabinol per |
5 | | milliliter of whole blood or 10 nanograms or more of |
6 | | delta-9-tetrahydrocannabinol per milliliter of other |
7 | | bodily substance. |
8 | | (a-5) Law enforcement officials may use validated roadside |
9 | | chemical tests or standardized field sobriety tests approved |
10 | | by the National Highway Traffic Safety Administration when |
11 | | conducting investigations of a violation of Section 11-501 or |
12 | | similar local ordinance by drivers suspected of driving under |
13 | | the influence of cannabis. The General Assembly finds that (i) |
14 | | validated roadside chemical tests are effective means to |
15 | | determine if a person is under the influence of cannabis and |
16 | | (ii) standardized field sobriety tests approved by the |
17 | | National Highway Traffic Safety Administration are divided |
18 | | attention tasks that are intended to determine if a person is |
19 | | under the influence of cannabis. The purpose of these tests is |
20 | | to determine the effect of the use of cannabis on a person's |
21 | | capacity to think and act with ordinary care and therefore |
22 | | operate a motor vehicle safely. Therefore, the results of |
23 | | these validated roadside chemical tests and standardized field |
24 | | sobriety tests, appropriately administered, shall be |
25 | | admissible in the trial of any civil or criminal action or |
26 | | proceeding arising out of an arrest for a cannabis-related |
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1 | | offense as defined in Section 11-501 or a similar local |
2 | | ordinance or proceedings under Section 2-118.1 or 2-118.2. |
3 | | Where a test is made the following provisions shall apply: |
4 | | 1. 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 the standardized |
8 | | field sobriety test or tests administered at the direction |
9 | | of a law enforcement officer. The failure or inability to |
10 | | obtain an additional test by a person does not preclude |
11 | | the admission of evidence relating to the test or tests |
12 | | taken at the direction of a law enforcement officer. |
13 | | 2. Upon the request of the person who shall submit to |
14 | | validated roadside chemical tests or a standardized field |
15 | | sobriety test or tests at the request of a law enforcement |
16 | | officer, full information concerning the test or tests |
17 | | shall be made available to the person or the person's |
18 | | attorney. |
19 | | 3. At the trial of any civil or criminal action or |
20 | | proceeding arising out of an arrest for an offense as |
21 | | defined in Section 11-501 or a similar local ordinance or |
22 | | proceedings under Section 2-118.1 or 2-118.2 in which the |
23 | | results of these validated roadside chemical tests or |
24 | | standardized field sobriety tests are admitted, the person |
25 | | may present and the trier of fact may consider evidence |
26 | | that the person lacked the physical capacity to perform |
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1 | | the validated roadside chemical tests or standardized |
2 | | field sobriety tests. |
3 | | (b) Upon the trial of any civil or criminal action or |
4 | | proceeding arising
out of acts alleged to have been committed |
5 | | by any person while driving or
in actual physical control of a |
6 | | vehicle while under the influence of alcohol,
the |
7 | | concentration of alcohol in the person's blood or breath at |
8 | | the time
alleged as shown by analysis of the person's blood, |
9 | | urine, breath, or other
bodily substance shall give rise to |
10 | | the following presumptions:
|
11 | | 1. If there was at that time an alcohol concentration |
12 | | of 0.05 or less,
it shall be presumed that the person was |
13 | | not under the influence of alcohol.
|
14 | | 2. If there was at that time an alcohol concentration |
15 | | in excess of 0.05
but less than 0.08, such facts shall not |
16 | | give rise to any
presumption that
the person was or was not |
17 | | under the influence of alcohol, but such fact
may be |
18 | | considered with other competent evidence in determining |
19 | | whether the
person was under the influence of alcohol.
|
20 | | 3. If there was at that time an alcohol concentration |
21 | | of 0.08
or more,
it shall be presumed that the person was |
22 | | under the influence of alcohol.
|
23 | | 4. The foregoing provisions of this Section shall not |
24 | | be construed as
limiting the introduction of any other |
25 | | relevant evidence bearing upon the
question whether the |
26 | | person was under the influence of alcohol.
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1 | | (b-5) Upon the trial of any civil or criminal action or |
2 | | proceeding arising out of acts alleged to have been committed |
3 | | by any person while driving or in actual physical control of a |
4 | | vehicle while under the influence of alcohol, other drug or |
5 | | drugs, intoxicating compound or compounds or any combination |
6 | | thereof, the concentration of cannabis in the person's whole |
7 | | blood or other bodily substance at the time alleged as shown by |
8 | | analysis of the person's blood or other bodily substance shall |
9 | | give rise to the following presumptions: |
10 | | 1. If there was a tetrahydrocannabinol concentration |
11 | | of 5 nanograms or more in whole blood or 10 nanograms or |
12 | | more in an other bodily substance as defined in this |
13 | | Section, it shall be presumed that the person was under |
14 | | the influence of cannabis. |
15 | | 2. If there was at that time a tetrahydrocannabinol |
16 | | concentration of less than 5 nanograms in whole blood or |
17 | | less than 10 nanograms in an other bodily substance, such |
18 | | facts shall not give rise to any
presumption that
the |
19 | | person was or was not under the influence of cannabis, but |
20 | | such fact
may be considered with other competent evidence |
21 | | in determining whether the
person was under the influence |
22 | | of cannabis.
|
23 | | (c) 1. If a person under arrest refuses to submit to a |
24 | | chemical test
under
the provisions of Section 11-501.1, |
25 | | evidence of refusal shall be admissible
in any civil or |
26 | | criminal action or proceeding arising out of acts alleged
to |
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1 | | have been committed while the person under the influence of |
2 | | alcohol,
other drug or drugs, or intoxicating compound or |
3 | | compounds, or
any combination thereof was driving or in actual |
4 | | physical
control of a motor vehicle.
|
5 | | 2. Notwithstanding any ability to refuse under this Code |
6 | | to submit to
these tests or any ability to revoke the implied |
7 | | consent to these tests, if a
law enforcement officer has |
8 | | probable cause to believe that a motor vehicle
driven by or in |
9 | | actual physical control of a person under the influence of
|
10 | | alcohol, other drug or drugs, or intoxicating compound or
|
11 | | compounds,
or any combination thereof
has caused the death or
|
12 | | personal injury to another, the law enforcement officer shall |
13 | | request, and that person shall submit, upon the request of a |
14 | | law
enforcement officer, to a chemical test or tests of his or |
15 | | her blood, breath, other bodily substance, or
urine for the |
16 | | purpose of
determining the alcohol content thereof or the |
17 | | presence of any other drug or
combination of both.
|
18 | | This provision does not affect the applicability of or |
19 | | imposition of driver's
license sanctions under Section |
20 | | 11-501.1 of this Code.
|
21 | | 3. For purposes of this Section, a personal injury |
22 | | includes any Type A
injury as indicated on the traffic crash |
23 | | accident report completed by a law
enforcement officer that |
24 | | requires immediate professional attention in either a
doctor's |
25 | | office or a medical facility. A Type A injury includes severe
|
26 | | bleeding wounds, distorted extremities, and injuries that |
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1 | | require the injured
party to be carried from the scene.
|
2 | | (d) If a person refuses validated roadside chemical tests |
3 | | or standardized field sobriety tests under Section 11-501.9 of |
4 | | this Code, evidence of refusal shall be admissible in any |
5 | | civil or criminal action or proceeding arising out of acts |
6 | | committed while the person was driving or in actual physical |
7 | | control of a vehicle and alleged to have been impaired by the |
8 | | use of cannabis. |
9 | | (e) Illinois State Police compliance with the changes in |
10 | | this amendatory Act of the 99th General Assembly concerning |
11 | | testing of other bodily substances and tetrahydrocannabinol |
12 | | concentration by Illinois State Police laboratories is subject |
13 | | to appropriation and until the Illinois State Police adopt |
14 | | standards and completion validation. Any laboratories that |
15 | | test for the presence of cannabis or other drugs under this |
16 | | Article, the Snowmobile Registration and Safety Act, or the |
17 | | Boat Registration and Safety Act must comply with ISO/IEC |
18 | | 17025:2005. |
19 | | (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.)
|
20 | | (625 ILCS 5/11-501.4-1)
|
21 | | Sec. 11-501.4-1. Reporting of test results of blood, other |
22 | | bodily substance, or urine conducted in
the regular course of |
23 | | providing emergency medical treatment. |
24 | | (a) Notwithstanding any other provision of law, the |
25 | | results of blood, other bodily substance, or
urine
tests |
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1 | | performed for the purpose of determining the content of |
2 | | alcohol, other
drug or drugs, or intoxicating compound or |
3 | | compounds, or any combination
thereof, in an individual's |
4 | | blood, other bodily substance, or urine conducted upon persons
|
5 | | receiving medical treatment in a hospital emergency room for |
6 | | injuries resulting
from a motor vehicle crash accident shall |
7 | | be disclosed
to the Illinois State Police
or local law |
8 | | enforcement agencies of jurisdiction, upon request.
Such |
9 | | blood, other bodily substance, or urine tests are admissible |
10 | | in evidence as a business record
exception to the hearsay rule |
11 | | only in prosecutions for any violation of Section
11-501 of |
12 | | this Code or a similar provision of a local ordinance, or in
|
13 | | prosecutions for reckless homicide brought under the Criminal |
14 | | Code of 1961 or the Criminal Code of 2012.
|
15 | | (b) The confidentiality provisions of law pertaining to |
16 | | medical records and
medical treatment shall not be applicable |
17 | | with regard to tests performed upon
an
individual's blood, |
18 | | other bodily substance, or urine under the provisions of |
19 | | subsection (a) of this
Section. No person shall be liable for |
20 | | civil damages or professional discipline
as a result of the |
21 | | disclosure or reporting of the tests or the evidentiary
use of |
22 | | an
individual's blood, other bodily substance, or urine test |
23 | | results under this Section or Section 11-501.4
or as a result |
24 | | of that person's testimony made available under this Section |
25 | | or
Section 11-501.4, except for willful or wanton misconduct.
|
26 | | (Source: P.A. 102-538, eff. 8-20-21.)
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1 | | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) |
2 | | Sec. 11-501.6. Driver involvement in personal injury or |
3 | | fatal motor
vehicle crash accident ; chemical test. |
4 | | (a) Any person who drives or is in actual control of a |
5 | | motor vehicle
upon the public highways of this State and who |
6 | | has been involved in a
personal injury or fatal motor vehicle |
7 | | crash accident , shall be deemed to have
given consent to a |
8 | | breath test using a portable device as approved by the
|
9 | | Illinois State Police or to a chemical test or tests
of blood, |
10 | | breath, other bodily substance, or
urine for the purpose of |
11 | | determining the content of alcohol,
other
drug or drugs, or |
12 | | intoxicating compound or compounds of such
person's blood if |
13 | | arrested as evidenced by the issuance of a Uniform Traffic
|
14 | | Ticket for any violation of the Illinois Vehicle Code or a |
15 | | similar provision of
a local ordinance, with the exception of |
16 | | equipment violations contained in
Chapter 12 of this Code, or |
17 | | similar provisions of local ordinances. The test
or tests |
18 | | shall be administered at the direction of the arresting |
19 | | officer. The
law enforcement agency employing the officer |
20 | | shall designate which of the
aforesaid tests shall be |
21 | | administered. Up to 2 additional tests of urine or other |
22 | | bodily substance may be administered even
after a blood or |
23 | | breath test or both has been administered. Compliance with
|
24 | | this Section does not relieve such person from the |
25 | | requirements of Section
11-501.1 of this Code. |
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1 | | (b) Any person who is dead, unconscious or who is |
2 | | otherwise in a
condition rendering such person incapable of |
3 | | refusal shall be deemed not to
have withdrawn the consent |
4 | | provided by subsection (a) of this Section. In
addition, if a |
5 | | driver of a vehicle is receiving medical treatment as a
result |
6 | | of a motor vehicle crash accident , any physician licensed to |
7 | | practice
medicine, licensed physician assistant, licensed |
8 | | advanced practice registered nurse, registered nurse or a |
9 | | phlebotomist acting under the direction of
a licensed |
10 | | physician shall withdraw blood for testing purposes to |
11 | | ascertain
the presence of alcohol, other drug or drugs, or |
12 | | intoxicating
compound or compounds, upon the specific request |
13 | | of a law
enforcement officer. However, no such testing shall |
14 | | be performed until, in
the opinion of the medical personnel on |
15 | | scene, the withdrawal can be made
without interfering with or |
16 | | endangering the well-being of the patient. |
17 | | (c) A person requested to submit to a test as provided |
18 | | above 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 0.08 or more, or testing discloses the presence of cannabis |
22 | | as listed in the Cannabis Control Act with a |
23 | | tetrahydrocannabinol concentration as defined in paragraph 6 |
24 | | of subsection (a) of Section 11-501.2 of this Code, or any |
25 | | amount of a drug, substance,
or intoxicating compound
|
26 | | resulting from the unlawful use or consumption of a controlled |
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1 | | substance listed in the Illinois
Controlled Substances Act, an |
2 | | intoxicating compound listed in the Use of
Intoxicating |
3 | | Compounds Act, or methamphetamine as listed in the |
4 | | Methamphetamine Control and Community Protection Act as |
5 | | detected in such person's blood, other bodily substance, or |
6 | | urine, may
result in the suspension of such person's privilege |
7 | | to operate a motor vehicle. If the person is also a CDL holder, |
8 | | he or she shall be
warned by the law enforcement officer |
9 | | requesting the test that a refusal to
submit to the test, or |
10 | | submission to the test resulting in an alcohol
concentration |
11 | | of 0.08 or more, or any amount of a drug, substance,
or |
12 | | intoxicating compound
resulting from the unlawful use or |
13 | | consumption of cannabis, as covered by the
Cannabis Control |
14 | | Act, a controlled substance listed in the Illinois
Controlled |
15 | | Substances Act, an intoxicating compound listed in the Use of
|
16 | | Intoxicating Compounds Act, or methamphetamine as listed in |
17 | | the Methamphetamine Control and Community Protection Act as |
18 | | detected in the person's blood, other bodily substance, or |
19 | | urine, may result in the disqualification of the person's |
20 | | privilege to operate a commercial motor vehicle, as provided |
21 | | in Section 6-514 of this Code.
The length of the suspension |
22 | | shall be the same as outlined in Section
6-208.1 of this Code |
23 | | regarding statutory summary suspensions. |
24 | | A person requested to submit to a test shall also |
25 | | acknowledge, in writing, receipt of the warning required under |
26 | | this Section. If the person refuses to acknowledge receipt of |
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1 | | the warning, the law enforcement officer shall make a written |
2 | | notation on the warning that the person refused to sign the |
3 | | warning. A person's refusal to sign the warning shall not be |
4 | | evidence that the person was not read the warning. |
5 | | (d) If the person refuses testing or submits to a test |
6 | | which discloses
an alcohol concentration of 0.08 or more, the |
7 | | presence of cannabis as listed in the Cannabis Control Act |
8 | | with a tetrahydrocannabinol concentration as defined in |
9 | | paragraph 6 of subsection (a) of Section 11-501.2 of this |
10 | | Code, or any amount of a drug,
substance,
or intoxicating |
11 | | compound in such person's blood or urine resulting from the
|
12 | | unlawful use or
consumption of a controlled
substance listed |
13 | | in the Illinois Controlled Substances Act, an
intoxicating
|
14 | | compound listed in the Use of Intoxicating Compounds Act, or |
15 | | methamphetamine as listed in the Methamphetamine Control and |
16 | | Community Protection Act, the law
enforcement officer shall |
17 | | immediately submit a sworn report to the Secretary of
State on |
18 | | a form prescribed by the Secretary, certifying that the test |
19 | | or tests
were requested under subsection (a) and the person |
20 | | refused to submit to a
test or tests or submitted to testing |
21 | | which disclosed an alcohol concentration
of 0.08 or more, the |
22 | | presence of cannabis as listed in the Cannabis Control Act |
23 | | with a tetrahydrocannabinol concentration as defined in |
24 | | paragraph 6 of subsection (a) of Section 11-501.2 of this |
25 | | Code, or any amount of a drug, substance, or intoxicating
|
26 | | compound
in such
person's blood, other bodily substance, or |
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1 | | urine, resulting from the unlawful use or consumption of
a |
2 | | controlled substance
listed in
the Illinois Controlled |
3 | | Substances Act,
an intoxicating compound listed in
the Use of |
4 | | Intoxicating Compounds Act, or methamphetamine as listed in |
5 | | the Methamphetamine Control and Community Protection Act. If |
6 | | the person is also a CDL holder and refuses testing or submits |
7 | | to a test which discloses
an alcohol concentration of 0.08 or |
8 | | more, or any amount of a drug,
substance,
or intoxicating |
9 | | compound in the person's blood, other bodily substance, or |
10 | | urine resulting from the
unlawful use or
consumption of |
11 | | cannabis listed in the Cannabis Control Act, a controlled
|
12 | | substance listed in the Illinois Controlled Substances Act, an
|
13 | | intoxicating
compound listed in the Use of Intoxicating |
14 | | Compounds Act, or methamphetamine as listed in the |
15 | | Methamphetamine Control and Community Protection Act, the law
|
16 | | enforcement officer shall immediately submit a sworn report to |
17 | | the Secretary of
State on a form prescribed by the Secretary, |
18 | | certifying that the test or tests
were requested under |
19 | | subsection (a) and the person refused to submit to a
test or |
20 | | tests or submitted to testing which disclosed an alcohol |
21 | | concentration
of 0.08 or more, or any amount of a drug, |
22 | | substance, or intoxicating
compound
in such
person's blood, |
23 | | other bodily substance, or urine, resulting from the unlawful |
24 | | use or consumption of
cannabis listed in the Cannabis Control |
25 | | Act, a controlled substance
listed in
the Illinois Controlled |
26 | | Substances Act,
an intoxicating compound listed in
the Use of |
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1 | | Intoxicating Compounds Act, or methamphetamine as listed in |
2 | | the Methamphetamine Control and Community Protection Act. |
3 | | Upon receipt of the sworn report of a law enforcement |
4 | | officer, the
Secretary shall enter the suspension and |
5 | | disqualification to 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. |
9 | | The law enforcement officer submitting the sworn report |
10 | | shall serve immediate
notice of this suspension on the person |
11 | | and such suspension and disqualification shall be effective
on |
12 | | the 46th day following the date notice was given. |
13 | | In cases involving a person who is not a CDL holder where |
14 | | the blood alcohol concentration of 0.08 or more,
or blood |
15 | | testing discloses the presence of cannabis as listed in the |
16 | | Cannabis Control Act with a tetrahydrocannabinol concentration |
17 | | as defined in paragraph 6 of subsection (a) of Section |
18 | | 11-501.2 of this Code, or any amount
of a drug, substance, or |
19 | | intoxicating compound resulting from the unlawful
use or
|
20 | | consumption of a
controlled
substance listed in the Illinois |
21 | | Controlled Substances Act,
an
intoxicating
compound listed in |
22 | | the Use of Intoxicating Compounds Act, or methamphetamine as |
23 | | listed in the Methamphetamine Control and Community Protection |
24 | | Act, is established by a
subsequent analysis of blood, other |
25 | | bodily substance, or urine collected at the time of arrest, |
26 | | the
arresting officer shall give notice as provided in this |
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1 | | Section or by deposit
in the United States mail of such notice |
2 | | in an envelope with postage prepaid
and addressed to such |
3 | | person at his or her address as shown on the Uniform Traffic
|
4 | | Ticket and the suspension shall be effective on the 46th day |
5 | | following the date
notice was given. |
6 | | In cases involving a person who is a CDL holder where the |
7 | | blood alcohol concentration of 0.08 or more,
or any amount
of a |
8 | | drug, substance, or intoxicating compound resulting from the |
9 | | unlawful
use or
consumption of cannabis as listed in the |
10 | | Cannabis Control Act, a
controlled
substance listed in the |
11 | | Illinois Controlled Substances Act,
an
intoxicating
compound |
12 | | listed in the Use of Intoxicating Compounds Act, or |
13 | | methamphetamine as listed in the Methamphetamine Control and |
14 | | Community Protection Act, is established by a
subsequent |
15 | | analysis of blood, other bodily substance, or urine collected |
16 | | at the time of arrest, the
arresting officer shall give notice |
17 | | as provided in this Section or by deposit
in the United States |
18 | | mail of such notice in an envelope with postage prepaid
and |
19 | | addressed to the person at his or her address as shown on the |
20 | | Uniform Traffic
Ticket and the suspension and disqualification |
21 | | shall be effective on the 46th day following the date
notice |
22 | | was given. |
23 | | Upon receipt of the sworn report of a law enforcement |
24 | | officer, the Secretary
shall also give notice of the |
25 | | suspension and disqualification to the driver by mailing a |
26 | | notice of
the effective date of the suspension and |
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1 | | disqualification to the individual. However, should the
sworn |
2 | | report be defective by not containing sufficient information |
3 | | or be
completed in error, the notice of the suspension and |
4 | | disqualification shall not be mailed to the
person or entered |
5 | | to the driving record, but rather the sworn report shall be
|
6 | | returned to the issuing law enforcement agency. |
7 | | (e) A driver may contest this suspension of his or her
|
8 | | driving privileges and disqualification of his or her CDL |
9 | | privileges by
requesting an administrative hearing with the |
10 | | Secretary in accordance with
Section 2-118 of this Code. At |
11 | | the conclusion of a hearing held under
Section 2-118 of this |
12 | | Code, the Secretary may rescind, continue, or modify the
|
13 | | orders
of suspension and disqualification. If the Secretary |
14 | | does not rescind the orders of suspension and |
15 | | disqualification, a restricted
driving permit may be granted |
16 | | by the Secretary upon application being made and
good cause |
17 | | shown. A restricted driving permit may be granted to relieve |
18 | | undue
hardship to allow driving for employment, educational, |
19 | | and medical purposes as
outlined in Section 6-206 of this |
20 | | Code. The provisions of Section 6-206 of
this Code shall |
21 | | apply. In accordance with 49 C.F.R. 384, the Secretary of |
22 | | State may not issue a restricted driving permit for the |
23 | | operation of a commercial motor vehicle to a person holding a |
24 | | CDL whose driving privileges have been suspended, revoked, |
25 | | cancelled, or disqualified.
|
26 | | (f) (Blank). |
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1 | | (g) For the purposes of this Section, a personal injury |
2 | | shall include
any type A injury as indicated on the traffic |
3 | | crash accident report completed
by a law enforcement officer |
4 | | that requires immediate professional attention
in either a |
5 | | doctor's office or a medical facility. A type A injury shall
|
6 | | include severely bleeding wounds, distorted extremities, and |
7 | | injuries that
require the injured party to be carried from the |
8 | | scene. |
9 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
10 | | (625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)
|
11 | | Sec. 11-501.7.
(a) As a condition of probation or |
12 | | discharge of a
person convicted of a violation of Section |
13 | | 11-501 of this Code, who was
less than 21 years of age at the |
14 | | time of the offense, or a person
adjudicated delinquent |
15 | | pursuant to the Juvenile Court Act of 1987, for violation of
|
16 | | Section 11-501 of this Code, the Court may order the offender |
17 | | to
participate in the Youthful Intoxicated Drivers' Visitation |
18 | | Program.
The Program shall consist of a supervised visitation |
19 | | as provided
by this Section by the person to at least one of |
20 | | the following, to the
extent that personnel and facilities are |
21 | | available:
|
22 | | (1) A State or private rehabilitation facility that |
23 | | cares for victims
of motor vehicle crashes accidents |
24 | | involving persons under the influence of alcohol.
|
25 | | (2) A facility which cares for advanced alcoholics to |
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1 | | observe
persons in the terminal stages of alcoholism, |
2 | | under the supervision of
appropriately licensed medical |
3 | | personnel.
|
4 | | (3) If approved by the coroner of the county where the |
5 | | person resides,
the county coroner's office or the county |
6 | | morgue to observe appropriate
victims of motor vehicle |
7 | | crashes accidents involving persons under the influence of
|
8 | | alcohol, under the supervision of the coroner or deputy |
9 | | coroner.
|
10 | | (b) The Program shall be operated by the appropriate |
11 | | probation
authorities of the courts of the various circuits. |
12 | | The youthful offender
ordered to participate in the Program |
13 | | shall bear all costs associated with
participation in the |
14 | | Program. A parent or guardian of the offender may
assume the |
15 | | obligation of the offender to pay the costs of the Program. The
|
16 | | court may waive the requirement that the offender pay the |
17 | | costs of
participation in the Program upon a finding of |
18 | | indigency.
|
19 | | (c) As used in this Section, "appropriate victims" means |
20 | | victims whose
condition is determined by the visit supervisor |
21 | | to demonstrate the results of
motor vehicle crashes accidents |
22 | | involving persons under the influence of alcohol
without being |
23 | | excessively gruesome or traumatic to the observer.
|
24 | | (d) Any visitation shall include, before any observation |
25 | | of victims or
persons with disabilities, a comprehensive |
26 | | counseling session with the visitation
supervisor at which the |
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1 | | supervisor shall explain and discuss the
experiences which may |
2 | | be encountered during the visitation in order to
ascertain |
3 | | whether the visitation is appropriate.
|
4 | | (Source: P.A. 101-81, eff. 7-12-19.)
|
5 | | (625 ILCS 5/11-501.8)
|
6 | | Sec. 11-501.8. Suspension of driver's license; persons |
7 | | under age 21.
|
8 | | (a) A person who is less than 21 years of age and who |
9 | | drives or
is in actual physical control of a motor vehicle upon |
10 | | the
public highways of this State shall be deemed to have given |
11 | | consent to a
chemical test or tests of blood, breath, other |
12 | | bodily substance, or urine for the purpose of
determining the |
13 | | alcohol content of the person's blood if arrested, as |
14 | | evidenced
by the issuance of a Uniform Traffic Ticket for any |
15 | | violation of the Illinois
Vehicle Code or a similar provision |
16 | | of a local ordinance, if a police officer
has probable cause to |
17 | | believe that the driver has consumed any amount of an
|
18 | | alcoholic beverage based upon evidence of the driver's |
19 | | physical condition or
other first hand knowledge of the police |
20 | | officer. The test or tests shall be
administered at the |
21 | | direction of the arresting officer. The law enforcement
agency |
22 | | employing the officer shall designate which of the aforesaid |
23 | | tests shall
be administered. Up to 2 additional tests of urine |
24 | | or other bodily substance may be administered even after a |
25 | | blood or
breath test or both has been administered.
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1 | | (b) A person who is dead, unconscious, or who is otherwise |
2 | | in a condition
rendering that person incapable of refusal, |
3 | | shall be deemed not to have
withdrawn the consent provided by |
4 | | paragraph (a) of this Section and the test or
tests may be |
5 | | administered subject to the following provisions:
|
6 | | (i) Chemical analysis of the person's blood, urine, |
7 | | breath, or
other bodily substance, to be considered valid |
8 | | under the provisions of this
Section, shall have been |
9 | | performed according to standards promulgated by the |
10 | | Illinois State Police
by an individual possessing a valid |
11 | | permit issued by that Department for this
purpose. The |
12 | | Director of the Illinois State Police is authorized to |
13 | | approve satisfactory
techniques or methods, to ascertain |
14 | | the qualifications and competence of
individuals to |
15 | | conduct analyses, to issue permits that shall be subject |
16 | | to
termination or revocation at the direction of that |
17 | | Department, and to certify
the accuracy of breath testing |
18 | | equipment. The Illinois State Police shall prescribe |
19 | | regulations as necessary.
|
20 | | (ii) When a person submits to a blood test at the |
21 | | request of a law
enforcement officer under the provisions |
22 | | of this Section, only a physician
authorized to practice |
23 | | medicine, a licensed physician assistant, a licensed |
24 | | advanced practice registered nurse, a registered nurse, or |
25 | | other qualified person
trained in venipuncture and acting |
26 | | under the direction of a licensed physician
may withdraw |
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1 | | blood for the purpose of determining the alcohol content |
2 | | therein.
This limitation does not apply to the taking of |
3 | | breath, other bodily substance, or urine specimens.
|
4 | | (iii) The person tested may have a physician, |
5 | | qualified technician,
chemist, registered nurse, or other |
6 | | qualified person of his or her own choosing
administer a |
7 | | chemical test or tests in addition to any test or tests
|
8 | | administered at the direction of a law enforcement |
9 | | officer. The failure or
inability to obtain an additional |
10 | | test by a person shall not preclude the
consideration of |
11 | | the previously performed chemical test.
|
12 | | (iv) Upon a request of the person who submits to a |
13 | | chemical test or
tests at the request of a law enforcement |
14 | | officer, full information concerning
the test or tests |
15 | | shall be made available to the person or that person's
|
16 | | attorney.
|
17 | | (v) Alcohol concentration means either grams of |
18 | | alcohol per 100
milliliters of blood or grams of alcohol |
19 | | per 210 liters of breath.
|
20 | | (vi) If a driver is receiving medical treatment as a |
21 | | result of a motor
vehicle crashes accident , a physician |
22 | | licensed to practice medicine, licensed physician |
23 | | assistant, licensed advanced practice registered nurse, |
24 | | registered nurse,
or other qualified person trained in |
25 | | venipuncture and
acting under the direction of a licensed |
26 | | physician shall
withdraw blood for testing purposes to |
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1 | | ascertain the presence of alcohol upon
the specific |
2 | | request of a law enforcement officer. However, that |
3 | | testing
shall not be performed until, in the opinion of |
4 | | the medical personnel on scene,
the withdrawal can be made |
5 | | without interfering with or endangering the
well-being of |
6 | | the patient.
|
7 | | (c) A person requested to submit to a test as provided |
8 | | above shall be warned
by the law enforcement officer |
9 | | requesting the test that a refusal to submit to
the test, or |
10 | | submission to the test resulting in an alcohol concentration |
11 | | of
more than 0.00, may result in the loss of that person's |
12 | | privilege to operate a
motor vehicle and may result in the |
13 | | disqualification of the person's privilege to operate a |
14 | | commercial motor vehicle, as provided in Section 6-514 of this |
15 | | Code, if the person is a CDL holder. The loss of driving |
16 | | privileges shall be imposed in accordance
with Section 6-208.2 |
17 | | of this Code.
|
18 | | A person requested to submit to a test shall also |
19 | | acknowledge, in writing, receipt of the warning required under |
20 | | this Section. If the person refuses to acknowledge receipt of |
21 | | the warning, the law enforcement officer shall make a written |
22 | | notation on the warning that the person refused to sign the |
23 | | warning. A person's refusal to sign the warning shall not be |
24 | | evidence that the person was not read the warning. |
25 | | (d) If the person refuses testing or submits to a test that |
26 | | discloses an
alcohol concentration of more than 0.00, the law |
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1 | | enforcement officer shall
immediately submit a sworn report to |
2 | | the Secretary of State on a form
prescribed by the Secretary of |
3 | | State, certifying that the test or tests were
requested under |
4 | | subsection (a) and the person refused to submit to a test
or |
5 | | tests or submitted to testing which disclosed an alcohol |
6 | | concentration of
more than 0.00. The law enforcement officer |
7 | | shall submit the same sworn report
when a person under the age |
8 | | of 21 submits to testing under Section
11-501.1 of this Code |
9 | | and the testing discloses an alcohol concentration of
more |
10 | | than 0.00 and less than 0.08.
|
11 | | Upon receipt of the sworn report of a law enforcement |
12 | | officer, the Secretary
of State shall enter the suspension and |
13 | | disqualification on the individual's driving
record and the |
14 | | suspension and disqualification shall be effective on the 46th |
15 | | day following the date
notice of the suspension was given to |
16 | | the person. If this suspension is the
individual's first |
17 | | driver's license suspension under this Section, reports
|
18 | | received by the Secretary of State under this Section shall, |
19 | | except during the
time the suspension is in effect, be |
20 | | privileged information and for use only by
the courts, police |
21 | | officers, prosecuting authorities, the Secretary of State,
or |
22 | | the individual personally, unless the person is a CDL holder, |
23 | | is operating a commercial motor vehicle or vehicle required to |
24 | | be placarded for hazardous materials, in which case the |
25 | | suspension shall not be privileged.
Reports received by the |
26 | | Secretary of State under this Section shall also be made |
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1 | | available to the parent or guardian of a person under the age |
2 | | of 18 years that holds an instruction permit or a graduated |
3 | | driver's license, regardless of whether the suspension is in |
4 | | effect.
|
5 | | The law enforcement officer submitting the sworn report |
6 | | shall serve immediate
notice of this suspension on the person |
7 | | and the suspension and disqualification shall
be effective on |
8 | | the 46th day following the date notice was given.
|
9 | | In cases where the blood alcohol concentration of more |
10 | | than 0.00 is
established by a subsequent analysis of blood, |
11 | | other bodily substance, or urine, the police officer or
|
12 | | arresting agency shall give notice as provided in this Section |
13 | | or by deposit
in the United States mail of that notice in an |
14 | | envelope with postage prepaid
and addressed to that person at |
15 | | his last known address and the loss of driving
privileges |
16 | | shall be effective on the 46th day following the date notice |
17 | | was
given.
|
18 | | Upon receipt of the sworn report of a law enforcement |
19 | | officer, the Secretary
of State shall also give notice of the |
20 | | suspension and disqualification to the driver
by mailing a |
21 | | notice of the effective date of the suspension and |
22 | | disqualification to the individual.
However, should the sworn |
23 | | report be defective by not containing sufficient
information |
24 | | or be completed in error, the notice of the suspension and |
25 | | disqualification shall not be mailed to the person or entered |
26 | | to the driving record,
but rather the sworn report shall be |
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1 | | returned to the issuing law enforcement
agency.
|
2 | | (e) A driver may contest this suspension and |
3 | | disqualification by requesting an
administrative hearing with |
4 | | the Secretary of State in accordance with Section
2-118 of |
5 | | this Code. An individual whose blood alcohol concentration is |
6 | | shown
to be more than 0.00 is not subject to this Section if he |
7 | | or she consumed
alcohol in the performance of a religious |
8 | | service or ceremony. An individual
whose blood alcohol |
9 | | concentration is shown to be more than 0.00 shall not be
|
10 | | subject to this Section if the individual's blood alcohol |
11 | | concentration
resulted only from ingestion of the prescribed |
12 | | or recommended dosage of
medicine that contained alcohol. The |
13 | | petition for that hearing shall not stay
or delay the |
14 | | effective date of the impending suspension. The scope of this
|
15 | | hearing shall be limited to the issues of:
|
16 | | (1) whether the police officer had probable cause to |
17 | | believe that the
person was driving or in actual physical |
18 | | control of a motor vehicle upon the
public highways of the |
19 | | State and the police officer had reason to believe that
|
20 | | the person was in violation of any provision of the |
21 | | Illinois Vehicle Code or a
similar provision of a local |
22 | | ordinance; and
|
23 | | (2) whether the person was issued a Uniform Traffic |
24 | | Ticket for any
violation of the Illinois Vehicle Code or a |
25 | | similar provision of a local
ordinance; and
|
26 | | (3) whether the police officer had probable cause to |
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1 | | believe that the
driver
had consumed any amount of an |
2 | | alcoholic beverage based upon the driver's
physical |
3 | | actions or other first-hand knowledge of the police |
4 | | officer; and
|
5 | | (4) whether the person, after being advised by the |
6 | | officer that the
privilege to operate a motor vehicle |
7 | | would be suspended if the person refused
to submit to and |
8 | | complete the test or tests, did refuse to submit to or
|
9 | | complete the test or tests to determine the person's |
10 | | alcohol concentration;
and
|
11 | | (5) whether the person, after being advised by the |
12 | | officer that the
privileges to operate a motor vehicle |
13 | | would be suspended if the person submits
to a chemical |
14 | | test or tests and the test or tests disclose an alcohol
|
15 | | concentration of more than 0.00, did submit to and
|
16 | | complete the
test or tests that determined an alcohol |
17 | | concentration of more than 0.00; and
|
18 | | (6) whether the test result of an alcohol |
19 | | concentration of more than 0.00
was based upon the |
20 | | person's consumption of alcohol in the performance of a
|
21 | | religious service or ceremony; and
|
22 | | (7) whether the test result of an alcohol |
23 | | concentration of more than 0.00
was based upon the |
24 | | person's consumption of alcohol through ingestion of the
|
25 | | prescribed or recommended dosage of medicine.
|
26 | | At the conclusion of the hearing held under Section 2-118 |
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1 | | of
this Code, the Secretary of State may rescind, continue, or |
2 | | modify the suspension and disqualification. If the Secretary |
3 | | of State does not rescind the suspension and disqualification, |
4 | | a
restricted driving permit may be granted by the Secretary of |
5 | | State upon
application being made and good cause shown. A |
6 | | restricted driving permit may be
granted to relieve undue |
7 | | hardship by allowing driving for employment,
educational, and |
8 | | medical purposes as outlined in item (3) of part (c) of
Section |
9 | | 6-206 of this Code. The provisions of item (3) of part (c) of |
10 | | Section
6-206 of this Code and of subsection (f) of that |
11 | | Section shall apply. The Secretary of State shall promulgate |
12 | | rules
providing for participation in an alcohol education and |
13 | | awareness program or
activity, a drug education and awareness |
14 | | program or activity, or both as a
condition to the issuance of |
15 | | a restricted driving permit for suspensions
imposed under this |
16 | | Section.
|
17 | | (f) The results of any chemical testing performed in |
18 | | accordance with
subsection (a) of this Section are not |
19 | | admissible in any civil or criminal
proceeding, except that |
20 | | the results of the testing may be considered at a
hearing held |
21 | | under Section 2-118 of this Code. However, the results of
the |
22 | | testing may not be used to impose driver's license sanctions |
23 | | under
Section 11-501.1 of this Code. A law enforcement officer |
24 | | may, however, pursue
a statutory summary suspension or |
25 | | revocation of driving privileges under Section 11-501.1 of
|
26 | | this Code if other physical evidence or first hand knowledge |
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1 | | forms the basis
of that suspension or revocation.
|
2 | | (g) This Section applies only to drivers who are under
age |
3 | | 21 at the time of the issuance of a Uniform Traffic Ticket for |
4 | | a
violation of the Illinois Vehicle Code or a similar |
5 | | provision of a local
ordinance, and a chemical test request is |
6 | | made under this Section.
|
7 | | (h) The action of the Secretary of State in suspending, |
8 | | revoking, cancelling, or
disqualifying any license or
permit |
9 | | shall be
subject to judicial review in the Circuit Court of |
10 | | Sangamon County or in the
Circuit Court of Cook County, and the |
11 | | provisions of the Administrative Review
Law and its rules are |
12 | | hereby adopted and shall apply to and govern every action
for |
13 | | the judicial review of final acts or decisions of the |
14 | | Secretary of State
under this Section.
|
15 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
16 | | (625 ILCS 5/11-506) |
17 | | Sec. 11-506. Street racing; aggravated street racing. |
18 | | (a) No person shall engage in street racing on any street |
19 | | or highway of this State. |
20 | | (b) No owner of any vehicle shall acquiesce in or permit |
21 | | his or her vehicle to be used by another for the purpose of |
22 | | street racing. |
23 | | (c) For the purposes of this Section, the following words |
24 | | shall have the meanings ascribed to them: |
25 | | "Acquiesce" or "permit" means actual knowledge that the |
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1 | | motor vehicle was to be used for the purpose of street racing. |
2 | | "Street racing" means: |
3 | | (1) The operation of 2 or more vehicles from a point |
4 | | side by side at accelerating speeds in a competitive |
5 | | attempt to outdistance each other; or |
6 | | (2) The operation of one or more vehicles over a |
7 | | common selected course, each starting at the same point, |
8 | | for the purpose of comparing the relative speeds or power |
9 | | of acceleration of such vehicle or vehicles within a |
10 | | certain distance or time limit; or |
11 | | (3) The use of one or more vehicles in an attempt to |
12 | | outgain or outdistance another vehicle; or |
13 | | (4) The use of one or more vehicles to prevent another |
14 | | vehicle from passing; or |
15 | | (5) The use of one or more vehicles to arrive at a |
16 | | given destination ahead of another vehicle or vehicles; or |
17 | | (6) The use of one or more vehicles to test the |
18 | | physical stamina or endurance of drivers over |
19 | | long-distance driving routes. |
20 | | (d) Penalties. |
21 | | (1) Any person who is convicted of a violation of |
22 | | subsection (a) shall be guilty of a Class A misdemeanor |
23 | | for the first offense and shall be subject to a minimum |
24 | | fine of $250. Any person convicted of a violation of |
25 | | subsection (a) a second or subsequent time shall be guilty |
26 | | of a Class 4 felony and shall be subject to a minimum fine |
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1 | | of $500. The driver's license of any person convicted of |
2 | | subsection (a) shall be revoked in the manner provided by |
3 | | Section 6-205 of this Code. |
4 | | (2) Any person who is convicted of a violation of |
5 | | subsection (b) shall be guilty of a Class B misdemeanor. |
6 | | Any person who is convicted of subsection (b) for a second |
7 | | or subsequent time shall be guilty of a Class A |
8 | | misdemeanor. |
9 | | (3) Every person convicted of committing a violation |
10 | | of subsection (a) of this Section shall be guilty of |
11 | | aggravated street racing if the person, in committing a |
12 | | violation of subsection (a) was involved in a motor |
13 | | vehicle crashes accident that resulted in great bodily |
14 | | harm or permanent disability or disfigurement to another, |
15 | | where the violation was a proximate cause of the injury. |
16 | | Aggravated street racing is a Class 4 felony for which the |
17 | | defendant, if sentenced to a term of imprisonment shall be |
18 | | sentenced to not less than one year nor more than 12 years.
|
19 | | (Source: P.A. 95-310, eff. 1-1-08.)
|
20 | | (625 ILCS 5/11-610) (from Ch. 95 1/2, par. 11-610)
|
21 | | Sec. 11-610. Charging Violations and Rule in Civil |
22 | | Actions. (a) In every charge of violation of
any speed |
23 | | regulation in this article the complaint, and
also the summons |
24 | | or notice to appear, shall specify the
speed at which the |
25 | | defendant is alleged to have driven and
the maximum speed |
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1 | | applicable within the district or at the location.
|
2 | | (b) The provision of this article
declaring maximum speed |
3 | | limitations
shall not be construed to relieve the plaintiff in |
4 | | any
action from the burden of proving negligence on the
part of |
5 | | the defendant as the proximate cause of a crash an accident .
|
6 | | (Source: P.A. 79-1069.)
|
7 | | (625 ILCS 5/11-1431) |
8 | | Sec. 11-1431. Solicitations at crash accident or |
9 | | disablement scene prohibited. |
10 | | (a) A tower, as defined by Section 1-205.2 of this Code, or |
11 | | an employee or agent of a tower may not: (i) stop at the scene |
12 | | of a motor vehicle crash accident or at or near a damaged or |
13 | | disabled vehicle for the purpose of soliciting the owner or |
14 | | operator of the damaged or disabled vehicle to enter into a |
15 | | towing service transaction; or (ii) stop at the scene of a |
16 | | crash an accident or at or near a damaged or disabled vehicle |
17 | | unless called to the location by a law enforcement officer, |
18 | | the Illinois Department of Transportation, the Illinois State |
19 | | Toll Highway Authority, a local agency having jurisdiction |
20 | | over the highway, the
owner or operator of the damaged or |
21 | | disabled vehicle, or the owner or operator's authorized agent, |
22 | | including his or her insurer or motor club of which the owner |
23 | | or operator is a member. This Section shall not apply to |
24 | | employees of the Department, the Illinois State Toll Highway |
25 | | Authority, or local agencies when engaged in their official |
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1 | | duties. Nothing in this Section shall prevent a tower from |
2 | | stopping at the scene of a motor vehicle crash accident or at |
3 | | or near a
damaged or disabled vehicle if the owner or operator |
4 | | signals the tower for assistance from the location of the |
5 | | motor vehicle crash accident or damaged or disabled vehicle.
|
6 | | (b) A person or company who violates this Section is |
7 | | guilty of a Class 4 felony. A person convicted of violating |
8 | | this Section shall also have his or her driver's license, |
9 | | permit, or privileges suspended for 3 months. After the |
10 | | expiration of the 3-month suspension, the person's driver's |
11 | | license, permit, or privileges shall not be reinstated until |
12 | | he or she has paid a reinstatement fee of $100. If a person |
13 | | violates this Section while his or her driver's license, |
14 | | permit, or privileges are suspended under this subsection (b), |
15 | | his or her driver's license, permit, or privileges shall be |
16 | | suspended for an additional 6 months, and shall not be |
17 | | reinstated after the expiration of the 6-month suspension |
18 | | until he or she pays a reinstatement fee of $100. A vehicle |
19 | | owner, or his or her authorized agent or automobile insurer, |
20 | | may bring a claim against a company or person who willfully and |
21 | | materially violates this Section. A court may award the |
22 | | prevailing party reasonable attorney's fees, costs, and |
23 | | expenses relating to that action. |
24 | | (Source: P.A. 99-438, eff. 1-1-16; 99-848, eff. 8-19-16; |
25 | | 100-201, eff. 8-18-17.)
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1 | | (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
|
2 | | Sec. 12-215. Oscillating, rotating or flashing lights on |
3 | | motor vehicles. Except as otherwise provided in this Code:
|
4 | | (a) The use of red or white oscillating, rotating or |
5 | | flashing lights,
whether lighted or unlighted, is prohibited |
6 | | except on:
|
7 | | 1. Law enforcement vehicles of State, Federal or
local |
8 | | authorities;
|
9 | | 2. A vehicle operated by a police officer or county |
10 | | coroner
and designated or authorized by local authorities, |
11 | | in writing, as a law
enforcement vehicle; however, such |
12 | | designation or authorization must
be carried in the |
13 | | vehicle;
|
14 | | 2.1. A vehicle operated by a fire chief, deputy fire |
15 | | chief, or assistant fire chief who has completed an |
16 | | emergency vehicle operation training course approved by |
17 | | the Office of the State Fire Marshal and designated or |
18 | | authorized by local authorities, in writing, as a fire |
19 | | department, fire protection district, or township fire |
20 | | department vehicle; however, the designation or |
21 | | authorization must
be carried in the vehicle, and the |
22 | | lights may be visible or activated only when responding to |
23 | | a bona fide emergency;
|
24 | | 3. Vehicles of local fire departments and State or |
25 | | federal
firefighting vehicles;
|
26 | | 4. Vehicles which are designed and used exclusively as |
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1 | | ambulances
or rescue vehicles; furthermore, such lights |
2 | | shall not be lighted except
when responding to an |
3 | | emergency call for and while actually conveying the
sick |
4 | | or injured;
|
5 | | 4.5. Vehicles which are occasionally used as rescue |
6 | | vehicles that have been authorized for use as rescue |
7 | | vehicles by a volunteer EMS provider, provided that the |
8 | | operator of the vehicle has successfully completed an |
9 | | emergency vehicle operation training course recognized by |
10 | | the Department of Public Health; furthermore, the lights |
11 | | shall not be lighted except when responding to an |
12 | | emergency call for the sick or injured; |
13 | | 5. Tow trucks licensed in a state that requires such |
14 | | lights;
furthermore, such lights shall not be lighted on |
15 | | any such tow truck while the
tow truck is
operating in the |
16 | | State of Illinois;
|
17 | | 6. Vehicles of the Illinois Emergency Management |
18 | | Agency, vehicles of the Office of the Illinois State Fire |
19 | | Marshal, vehicles of the Illinois Department of Public |
20 | | Health, vehicles of
the
Illinois Department of |
21 | | Corrections, and vehicles of the Illinois Department of |
22 | | Juvenile Justice;
|
23 | | 7. Vehicles operated by a local or county emergency |
24 | | management
services agency as defined in the Illinois |
25 | | Emergency
Management Agency Act;
|
26 | | 8. School buses operating alternately flashing head |
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1 | | lamps as permitted
under Section 12-805 of this Code;
|
2 | | 9. Vehicles that are equipped and used exclusively as |
3 | | organ transplant
vehicles when used in combination with |
4 | | blue oscillating, rotating, or flashing
lights; |
5 | | furthermore, these lights shall be lighted only when the |
6 | | transportation
is declared an emergency by a member of the |
7 | | transplant team or a representative
of the organ |
8 | | procurement organization; |
9 | | 10. Vehicles of the Illinois Department of Natural |
10 | | Resources that are used for mine rescue and explosives |
11 | | emergency response; |
12 | | 11. Vehicles of the Illinois Department of |
13 | | Transportation identified as Emergency Traffic Patrol; the |
14 | | lights shall not be lighted except when responding to an |
15 | | emergency call or when parked or stationary while engaged |
16 | | in motor vehicle assistance or at the scene of the |
17 | | emergency; and |
18 | | 12. Vehicles of the Illinois State Toll Highway
|
19 | | Authority with a gross vehicle weight rating of 9,000 |
20 | | pounds or more and those identified as Highway Emergency |
21 | | Lane Patrol; the lights shall not be lighted except when |
22 | | responding to an emergency call or when parked or |
23 | | stationary while engaged in motor vehicle assistance or at |
24 | | the scene of the emergency. |
25 | | (b) The use of amber oscillating, rotating or flashing |
26 | | lights, whether
lighted or unlighted, is prohibited except on:
|
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1 | | 1. Second division vehicles designed and used for |
2 | | towing or hoisting
vehicles; furthermore, such lights |
3 | | shall not be lighted except as
required in
this paragraph |
4 | | 1; such lights shall be lighted
when such vehicles are |
5 | | actually being
used at the scene of a crash an accident or
|
6 | | disablement; if the towing vehicle is equipped with a flat |
7 | | bed that
supports all wheels of the vehicle being |
8 | | transported, the lights shall not be
lighted while the |
9 | | vehicle is engaged in towing on a highway; if the towing
|
10 | | vehicle is not equipped with a flat bed that supports all |
11 | | wheels of a vehicle
being transported, the lights shall be |
12 | | lighted while the
towing
vehicle is engaged in towing on a |
13 | | highway during all
times when the use
of headlights is |
14 | | required under Section 12-201 of this Code; in addition, |
15 | | these vehicles may use white oscillating, rotating, or |
16 | | flashing lights in combination with amber oscillating, |
17 | | rotating, or flashing lights as provided in this |
18 | | paragraph;
|
19 | | 2. Motor vehicles or equipment of the State of |
20 | | Illinois, the Illinois State Toll Highway Authority, local |
21 | | authorities
and contractors; furthermore, such lights |
22 | | shall not be lighted except while
such vehicles are |
23 | | engaged in maintenance or construction operations within
|
24 | | the limits of construction projects;
|
25 | | 3. Vehicles or equipment used by engineering or survey |
26 | | crews;
furthermore, such lights shall not be lighted |
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1 | | except while such vehicles
are actually engaged in work on |
2 | | a highway;
|
3 | | 4. Vehicles of public utilities, municipalities, or |
4 | | other
construction, maintenance or automotive service |
5 | | vehicles except that such
lights shall be lighted only as |
6 | | a means for indicating the presence of a
vehicular traffic |
7 | | hazard requiring unusual care in approaching, overtaking
|
8 | | or passing while such vehicles are engaged in maintenance, |
9 | | service or
construction on a highway;
|
10 | | 5. Oversized vehicle or load; however, such lights |
11 | | shall only be lighted
when moving under permit issued by |
12 | | the Department under Section 15-301
of this Code;
|
13 | | 6. The front and rear of motorized equipment owned and |
14 | | operated by the
State of Illinois or any political |
15 | | subdivision thereof, which is designed
and used for |
16 | | removal of snow and ice from highways;
|
17 | | 6.1. The front and rear of motorized equipment or |
18 | | vehicles that (i) are not owned by the State of Illinois or |
19 | | any political subdivision of the State, (ii) are designed |
20 | | and used for removal of snow and ice from highways and |
21 | | parking lots, and (iii) are equipped with a snow plow that |
22 | | is 12 feet in width; these lights may not be lighted except |
23 | | when the motorized equipment or vehicle is actually being |
24 | | used for those purposes on behalf of a unit of government;
|
25 | | 7. Fleet safety vehicles registered in another state, |
26 | | furthermore, such
lights shall not be lighted except as |
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1 | | provided for in Section 12-212 of
this Code;
|
2 | | 8. Such other vehicles as may be authorized by local |
3 | | authorities;
|
4 | | 9. Law enforcement vehicles of State or local |
5 | | authorities when used in
combination with red oscillating, |
6 | | rotating or flashing lights;
|
7 | | 9.5. Propane delivery trucks;
|
8 | | 10. Vehicles used for collecting or delivering mail |
9 | | for the
United States Postal Service provided that such |
10 | | lights shall not be lighted
except when such vehicles are |
11 | | actually being used for such purposes;
|
12 | | 10.5. Vehicles of the Office of the Illinois State |
13 | | Fire Marshal, provided that such lights shall not be |
14 | | lighted except for when such vehicles are engaged in work |
15 | | for the Office of the Illinois State Fire Marshal; |
16 | | 11. Any vehicle displaying a slow-moving vehicle |
17 | | emblem as
provided in Section 12-205.1;
|
18 | | 12. All trucks equipped with self-compactors or |
19 | | roll-off hoists and
roll-on containers for garbage, |
20 | | recycling, or refuse hauling. Such lights shall not be
|
21 | | lighted except when such vehicles are actually being used |
22 | | for such purposes;
|
23 | | 13. Vehicles used by a security company, alarm |
24 | | responder, control
agency, or the Illinois Department of |
25 | | Corrections;
|
26 | | 14. Security vehicles of the Department of Human |
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1 | | Services; however, the
lights shall not be lighted except |
2 | | when being used for security related
purposes under the |
3 | | direction of the superintendent of the facility where the
|
4 | | vehicle is located; and
|
5 | | 15. Vehicles of union representatives, except that the |
6 | | lights shall be
lighted only while the vehicle is within |
7 | | the limits of a construction
project.
|
8 | | (c) The use of blue oscillating, rotating or flashing |
9 | | lights, whether
lighted or unlighted, is prohibited except on:
|
10 | | 1. Rescue squad vehicles not owned by a fire |
11 | | department and
vehicles owned or operated by a:
|
12 | | voluntary firefighter;
|
13 | | paid firefighter;
|
14 | | part-paid firefighter;
|
15 | | call firefighter;
|
16 | | member of the board of trustees of a fire |
17 | | protection district;
|
18 | | paid or unpaid member of a rescue squad;
|
19 | | paid or unpaid member of a voluntary ambulance |
20 | | unit; or
|
21 | | paid or unpaid members of a local or county |
22 | | emergency management
services agency as defined in the |
23 | | Illinois Emergency Management Agency Act,
designated |
24 | | or authorized by local authorities, in writing, and |
25 | | carrying that
designation or authorization in the |
26 | | vehicle.
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1 | | However, such lights are not to be lighted except when |
2 | | responding to a
bona fide emergency or when parked or |
3 | | stationary at the scene of a fire, rescue call, ambulance |
4 | | call, or motor vehicle crash accident .
|
5 | | Any person using these lights in accordance with this |
6 | | subdivision (c)1 must carry on his or her person an |
7 | | identification card or letter identifying the bona fide |
8 | | member of a fire department, fire protection district, |
9 | | rescue squad, ambulance unit, or emergency management |
10 | | services agency that owns or operates that vehicle. The |
11 | | card or letter must include: |
12 | | (A) the name of the fire department, fire |
13 | | protection district, rescue squad, ambulance unit, or |
14 | | emergency management services agency; |
15 | | (B) the member's position within the fire |
16 | | department, fire protection district, rescue squad, |
17 | | ambulance unit, or emergency management services |
18 | | agency; |
19 | | (C) the member's term of service; and |
20 | | (D) the name of a person within the fire |
21 | | department, fire protection district, rescue squad, |
22 | | ambulance unit, or emergency management services |
23 | | agency to contact to verify the information provided.
|
24 | | 2. Police department vehicles in cities having a |
25 | | population of 500,000
or more inhabitants.
|
26 | | 3. Law enforcement vehicles of State or local |
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1 | | authorities when used in
combination with red oscillating, |
2 | | rotating or flashing lights.
|
3 | | 4. Vehicles of local fire departments and State or |
4 | | federal
firefighting vehicles when used in combination |
5 | | with red oscillating,
rotating or flashing lights.
|
6 | | 5. Vehicles which are designed and used exclusively as |
7 | | ambulances or
rescue vehicles when used in combination |
8 | | with red oscillating, rotating or
flashing lights; |
9 | | furthermore, such lights shall not be lighted except when
|
10 | | responding to an emergency call.
|
11 | | 6. Vehicles that are equipped and used exclusively as |
12 | | organ transport
vehicles when used in combination with red |
13 | | oscillating, rotating, or flashing
lights; furthermore, |
14 | | these lights shall only be lighted when the transportation
|
15 | | is declared an emergency by a member of the transplant |
16 | | team or a
representative of the organ procurement |
17 | | organization.
|
18 | | 7. Vehicles of the Illinois Emergency Management |
19 | | Agency, vehicles of the Office of the Illinois State Fire |
20 | | Marshal, vehicles of the Illinois Department of Public |
21 | | Health, vehicles of
the
Illinois Department of |
22 | | Corrections, and vehicles of the Illinois Department of |
23 | | Juvenile Justice, when used in combination with red |
24 | | oscillating,
rotating, or flashing lights.
|
25 | | 8. Vehicles operated by a local or county emergency |
26 | | management
services agency as defined in the Illinois |
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1 | | Emergency Management Agency
Act, when used in combination |
2 | | with red oscillating, rotating, or
flashing lights.
|
3 | | 9. Vehicles of the Illinois Department of Natural |
4 | | Resources that are used for mine rescue and explosives |
5 | | emergency response, when used in combination with red |
6 | | oscillating,
rotating, or flashing lights. |
7 | | (c-1) In addition to the blue oscillating, rotating, or |
8 | | flashing
lights permitted under subsection (c), and |
9 | | notwithstanding subsection
(a), a vehicle operated by a |
10 | | voluntary firefighter, a voluntary member
of a rescue squad, |
11 | | or a member of a voluntary ambulance unit may be
equipped with |
12 | | flashing white headlights and blue grill lights, which may
be |
13 | | used only in responding to an emergency call or when parked or |
14 | | stationary at the scene of a fire, rescue call, ambulance |
15 | | call, or motor vehicle crash accident .
|
16 | | (c-2) In addition to the blue oscillating, rotating, or |
17 | | flashing
lights permitted under subsection (c), and |
18 | | notwithstanding subsection (a),
a vehicle operated by a paid |
19 | | or unpaid member of a local or county
emergency management |
20 | | services agency as defined in the Illinois Emergency
|
21 | | Management Agency Act, may be equipped with white oscillating, |
22 | | rotating,
or flashing lights to be used in combination with |
23 | | blue oscillating, rotating,
or flashing lights, if |
24 | | authorization by local authorities is in
writing and carried |
25 | | in the vehicle.
|
26 | | (d) The use of a combination of amber and white |
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1 | | oscillating, rotating or
flashing lights, whether lighted or |
2 | | unlighted, is prohibited except on second division vehicles |
3 | | designed and used for towing or hoisting
vehicles or motor
|
4 | | vehicles or equipment of the State of Illinois, local |
5 | | authorities, contractors,
and union representatives; |
6 | | furthermore, such lights shall
not be lighted on second |
7 | | division vehicles designed and used for towing or hoisting
|
8 | | vehicles or vehicles of the State of Illinois, local |
9 | | authorities, and
contractors except while such vehicles are |
10 | | engaged in a tow operation, highway maintenance, or
|
11 | | construction operations within the limits of highway |
12 | | construction projects, and
shall not be lighted on the |
13 | | vehicles of union representatives except when those
vehicles |
14 | | are within the limits of a construction project.
|
15 | | (e) All oscillating, rotating or flashing lights referred |
16 | | to in this Section
shall be of sufficient intensity, when |
17 | | illuminated, to be visible at 500
feet in normal sunlight.
|
18 | | (f) Nothing in this Section shall prohibit a manufacturer |
19 | | of oscillating,
rotating or flashing lights or his |
20 | | representative or authorized vendor from temporarily mounting
|
21 | | such lights on a vehicle for demonstration purposes only. If |
22 | | the lights are not covered while the vehicle is operated upon a |
23 | | highway, the vehicle shall display signage indicating that the |
24 | | vehicle is out of service or not an emergency vehicle. The |
25 | | signage shall be displayed on all sides of the vehicle in |
26 | | letters at least 2 inches tall and one-half inch wide. A |
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1 | | vehicle authorized to have oscillating,
rotating, or flashing |
2 | | lights mounted for demonstration purposes may not activate the |
3 | | lights while the vehicle is operated upon a highway.
|
4 | | (g) Any person violating the provisions of subsections |
5 | | (a), (b), (c) or (d)
of this Section who without lawful |
6 | | authority stops or detains or attempts
to stop or detain |
7 | | another person shall be guilty of a Class 2 felony.
|
8 | | (h) Except as provided in subsection (g) above, any person |
9 | | violating the
provisions of subsections (a) or (c) of this |
10 | | Section shall be guilty of a
Class A misdemeanor.
|
11 | | (Source: P.A. 100-62, eff. 8-11-17; 101-56, eff. 1-1-20 .)
|
12 | | (625 ILCS 5/12-604.1) |
13 | | Sec. 12-604.1. Video devices. |
14 | | (a) A person may not operate a motor vehicle if a |
15 | | television receiver, a video monitor, a television or video |
16 | | screen, or any other similar means of visually displaying a |
17 | | television broadcast or video signal that produces |
18 | | entertainment or business applications is operating and is |
19 | | located in the motor vehicle at any point forward of the back |
20 | | of the driver's seat, or is operating and visible to the driver |
21 | | while driving the motor vehicle.
|
22 | | (a-5) A person commits aggravated use of a video device |
23 | | when he or she violates subsection (a) and in committing the |
24 | | violation he or she was involved in a motor vehicle crash |
25 | | accident that results in great bodily harm, permanent |
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1 | | disability, disfigurement, or death to another and the |
2 | | violation was a proximate cause of the injury or death. |
3 | | (b) This Section does not apply to the following |
4 | | equipment, whether or not permanently installed in a vehicle:
|
5 | | (1) a vehicle information display;
|
6 | | (2) a global positioning display;
|
7 | | (3) a mapping or navigation display;
|
8 | | (4) a visual display used to enhance or supplement the |
9 | | driver's view forward, behind, or to the sides of a motor |
10 | | vehicle for the purpose of maneuvering the vehicle; |
11 | | (5) television-type receiving equipment used |
12 | | exclusively for safety or traffic engineering studies; or
|
13 | | (6) a television receiver, video monitor, television |
14 | | or video screen, or any other similar means of visually |
15 | | displaying a television broadcast or video signal, if that |
16 | | equipment has an interlock device that, when the motor |
17 | | vehicle is driven, disables the equipment for all uses |
18 | | except as a visual display as described in paragraphs (1) |
19 | | through (5) of this subsection (b).
|
20 | | (c) This Section does not apply to a mobile, digital |
21 | | terminal installed in an authorized emergency vehicle, a motor |
22 | | vehicle providing emergency road service or roadside |
23 | | assistance, or to motor vehicles utilized for public |
24 | | transportation. |
25 | | (d) This Section does not apply to a television receiver, |
26 | | video monitor, television or video screen, or any other |
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1 | | similar means of visually displaying a television broadcast or |
2 | | video signal if: (i) the equipment is permanently installed in |
3 | | the motor vehicle; and (ii) the moving entertainment images |
4 | | that the equipment displays are not visible to the driver |
5 | | while the motor vehicle is in motion. |
6 | | (d-5) This Section does not apply to a video event |
7 | | recorder, as defined in Section 1-218.10 of this Code, |
8 | | installed in a contract carrier vehicle. |
9 | | (e) Except as provided in subsection (f) of this Section, |
10 | | a person convicted of violating this Section is guilty of a |
11 | | petty offense and shall be fined not more than $100 for a first |
12 | | offense, not more than $200 for a second offense within one |
13 | | year of a previous conviction, and not more than $250 for a |
14 | | third or subsequent offense within one year of 2 previous |
15 | | convictions.
|
16 | | (f) A person convicted of violating subsection (a-5) |
17 | | commits a Class A misdemeanor if the violation resulted in |
18 | | great bodily harm, permanent disability, or disfigurement to |
19 | | another. A person convicted of violating subsection (a-5) |
20 | | commits a Class 4 felony if the violation resulted in the death |
21 | | of another person. |
22 | | (Source: P.A. 98-507, eff. 1-1-14; 99-689, eff. 1-1-17 .)
|
23 | | (625 ILCS 5/12-610.1) |
24 | | Sec. 12-610.1. Wireless telephones. |
25 | | (a) As used in this Section, "wireless telephone" means
a |
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1 | | device that is capable of transmitting or receiving
telephonic |
2 | | communications without a wire connecting the
device to the |
3 | | telephone network. |
4 | | (b) A person under the age of 19 years who holds an |
5 | | instruction permit issued under Section 6-105 or 6-107.1, or a |
6 | | person under the age of 19 years who holds a graduated license |
7 | | issued under Section 6-107, may not drive a vehicle on a |
8 | | roadway while using a wireless phone.
|
9 | | (b-5) A person under the age of 19 commits aggravated use |
10 | | of a wireless telephone when he or she violates subsection (b) |
11 | | and in committing the violation he or she was involved in a |
12 | | motor vehicle crash accident that results in great bodily |
13 | | harm, permanent disability, disfigurement, or death to another |
14 | | and the violation was a proximate cause of the injury or death. |
15 | | (c) This Section does not apply to a person under the age |
16 | | of 19 years using a
wireless telephone for emergency purposes, |
17 | | including, but not
limited to, an emergency call to a law |
18 | | enforcement agency,
health care provider, fire department, or |
19 | | other emergency
services agency or entity.
|
20 | | (d) If a graduated driver's license holder over the age of |
21 | | 18 committed an offense against traffic regulations governing |
22 | | the movement of vehicles or any violation of Section 6-107 or |
23 | | Section 12-603.1 of this Code in the 6 months prior to the |
24 | | graduated driver's license holder's 18th birthday, and was |
25 | | subsequently convicted of the violation, the provisions of |
26 | | paragraph (b) shall continue to apply until such time as a |
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1 | | period of 6 consecutive months has elapsed without an |
2 | | additional violation and subsequent conviction of an offense |
3 | | against traffic regulations governing the movement of vehicles |
4 | | or any violation of Section 6-107 or Section 12-603.1 of this |
5 | | Code.
|
6 | | (e) A person, regardless of age, may not use a wireless
|
7 | | telephone at any time while operating a motor vehicle on a |
8 | | roadway in a school speed
zone established under Section |
9 | | 11-605, on a highway in a construction or
maintenance speed |
10 | | zone established under Section 11-605.1, or within 500 feet of |
11 | | an emergency scene. As used in this Section, "emergency scene" |
12 | | means a location where an authorized emergency vehicle as |
13 | | defined by Section 1-105 of this Code is
present and has |
14 | | activated its oscillating, rotating, or flashing lights.
This |
15 | | subsection (e) does not apply to (i) a person engaged in a
|
16 | | highway construction or maintenance project for which a
|
17 | | construction or maintenance speed zone has been established
|
18 | | under Section 11-605.1, (ii) a person using a wireless
|
19 | | telephone for emergency purposes, including, but not limited |
20 | | to,
law enforcement agency, health care provider, fire |
21 | | department, or other emergency services agency or entity, |
22 | | (iii) a law enforcement officer or operator of an emergency |
23 | | vehicle when performing the officer's or operator's official |
24 | | duties, (iv) a person using a wireless telephone in |
25 | | voice-operated mode, which may include the use of a headset, |
26 | | (v) a person using a wireless telephone by pressing a single |
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1 | | button to initiate or terminate a voice communication, or (vi) |
2 | | a person using an electronic communication device for the sole |
3 | | purpose of reporting an emergency situation and continued |
4 | | communication with emergency personnel during the emergency |
5 | | situation. |
6 | | (e-5) A person commits aggravated use of a wireless |
7 | | telephone when he or she violates subsection (e) and in |
8 | | committing the violation he or she was involved in a motor |
9 | | vehicle crash accident that results in great bodily harm, |
10 | | permanent disability, disfigurement, or death to another and |
11 | | the violation was a proximate cause of the injury or death. |
12 | | (f) A person convicted of violating subsection (b-5) or |
13 | | (e-5) commits a Class A misdemeanor if the violation resulted |
14 | | in great bodily harm, permanent disability, or disfigurement |
15 | | to another. A person convicted of violating subsection (b-5) |
16 | | or (e-5) commits a Class 4 felony if the violation resulted in |
17 | | the death of another person. |
18 | | (Source: P.A. 97-828, eff. 7-20-12; 97-830, eff. 1-1-13; |
19 | | 98-463, eff. 8-16-13; 98-507, eff. 1-1-14.)
|
20 | | (625 ILCS 5/12-610.2)
|
21 | | Sec. 12-610.2. Electronic communication devices. |
22 | | (a) As used in this Section: |
23 | | "Electronic communication device" means an electronic |
24 | | device, including, but not limited to, a hand-held wireless |
25 | | telephone, hand-held personal digital assistant, or a portable |
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1 | | or mobile computer, but does not include a global positioning |
2 | | system or navigation system or a device that is physically or |
3 | | electronically integrated into the motor vehicle. |
4 | | (b) A person may not operate a motor vehicle on a roadway |
5 | | while using an electronic communication device, including |
6 | | using an electronic communication device to watch or stream |
7 | | video. |
8 | | (b-5) A person commits aggravated use of an electronic |
9 | | communication device when he or she violates subsection (b) |
10 | | and in committing the violation he or she is involved in a |
11 | | motor vehicle crash accident that results in great bodily |
12 | | harm, permanent disability, disfigurement, or death to another |
13 | | and the violation is a proximate cause of the injury or death. |
14 | | (c) A violation of this Section is an offense against |
15 | | traffic regulations governing the movement of vehicles. A |
16 | | person who violates this Section shall be fined a maximum of |
17 | | $75 for a first offense, $100 for a second offense, $125 for a |
18 | | third offense, and $150 for a fourth or subsequent offense, |
19 | | except that a person who violates subsection (b-5) shall be |
20 | | assessed a minimum fine of $1,000. |
21 | | (d) This Section does not apply to: |
22 | | (1) a law enforcement officer or operator of an |
23 | | emergency vehicle while performing his or her official |
24 | | duties; |
25 | | (1.5) a first responder, including a volunteer first |
26 | | responder, while operating his or her own personal motor |
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1 | | vehicle using an electronic communication device for the |
2 | | sole purpose of receiving information about an emergency |
3 | | situation while en route to performing his or her official |
4 | | duties; |
5 | | (2) a driver using an electronic communication device |
6 | | for the sole purpose of reporting an emergency situation |
7 | | and continued communication with emergency personnel |
8 | | during the emergency situation; |
9 | | (3) a driver using an electronic communication device |
10 | | in hands-free or voice-operated mode, which may include |
11 | | the use of a headset; |
12 | | (4) a driver of a commercial motor vehicle reading a |
13 | | message displayed on a permanently installed communication |
14 | | device designed for a commercial motor vehicle with a |
15 | | screen that does not exceed 10 inches tall by 10 inches |
16 | | wide in size; |
17 | | (5) a driver using an electronic communication device |
18 | | while parked on the shoulder of a roadway; |
19 | | (6) a driver using an electronic communication device |
20 | | when the vehicle is stopped due to normal traffic being |
21 | | obstructed and the driver has the motor vehicle |
22 | | transmission in neutral or park;
|
23 | | (7) a driver using two-way or citizens band radio |
24 | | services; |
25 | | (8) a driver using two-way mobile radio transmitters |
26 | | or receivers for licensees of the Federal Communications |
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1 | | Commission in the amateur radio service; |
2 | | (9) a driver using an electronic communication device |
3 | | by pressing a single button to initiate or terminate a |
4 | | voice communication; or |
5 | | (10) a driver using an electronic communication device |
6 | | capable of performing multiple functions, other than a |
7 | | hand-held wireless telephone or hand-held personal digital |
8 | | assistant (for example, a fleet management system, |
9 | | dispatching device, citizens band radio, or music player) |
10 | | for a purpose that is not otherwise prohibited by this |
11 | | Section. |
12 | | (e) A person convicted of violating subsection (b-5) |
13 | | commits a Class A misdemeanor if the violation resulted in |
14 | | great bodily harm, permanent disability, or disfigurement to |
15 | | another. A person convicted of violating subsection (b-5) |
16 | | commits a Class 4 felony if the violation resulted in the death |
17 | | of another person. |
18 | | (Source: P.A. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20; |
19 | | 101-297, eff. 1-1-20; 102-558, eff. 8-20-21.)
|
20 | | (625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
|
21 | | Sec. 12-707.01. Liability insurance. |
22 | | (a) No school bus, first division vehicle including a taxi |
23 | | which is used for a purpose that requires a school bus driver |
24 | | permit, commuter van or
motor vehicle owned by or used for hire |
25 | | by and in connection with the
operation of private or public |
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1 | | schools, day camps, summer camps or
nursery schools, and no |
2 | | commuter van or passenger car used for a for-profit
|
3 | | ridesharing arrangement, shall be operated for such purposes |
4 | | unless the owner
thereof shall carry a minimum of personal |
5 | | injury liability insurance in
the amount of $25,000 for any |
6 | | one person in any one crash accident , and
subject to the limit |
7 | | for one person, $100,000 for two or more persons
injured by |
8 | | reason of the operation of the vehicle in any one crash |
9 | | accident . This subsection (a) applies only to personal injury |
10 | | liability policies issued or renewed before January 1, 2013.
|
11 | | (b) Liability insurance policies issued or renewed on and |
12 | | after January 1, 2013 shall comply with the following: |
13 | | (1) except as provided in subparagraph (2) of this |
14 | | subsection (b), any vehicle that is used for a purpose |
15 | | that requires a school bus driver permit under Section |
16 | | 6-104 of this Code shall carry a minimum of liability |
17 | | insurance in
the amount of $2,000,000. This minimum |
18 | | insurance requirement may be satisfied by either (i) a |
19 | | $2,000,000 combined single limit primary commercial |
20 | | automobile policy; or (ii) a $1 million primary commercial |
21 | | automobile policy and a minimum $5,000,000 excess or |
22 | | umbrella liability policy; |
23 | | (2) any vehicle that is used for a purpose that |
24 | | requires a school bus driver permit under Section 6-104 of |
25 | | this Code and is used in connection with the operation of |
26 | | private day care facilities, day camps, summer camps, or |
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1 | | nursery schools shall carry a minimum of liability |
2 | | insurance in
the amount of $1,000,000 combined single |
3 | | limit per crash accident ; |
4 | | (3) any commuter van or passenger car used for a |
5 | | for-profit
ridesharing arrangement shall carry a minimum |
6 | | of liability insurance in
the amount of $500,000 combined |
7 | | single limit per crash accident . |
8 | | (c) Primary insurance coverage under the provisions of |
9 | | this Section must be provided by a licensed and admitted |
10 | | insurance carrier or an intergovernmental cooperative formed |
11 | | under Section 10 of Article VII of the Illinois Constitution, |
12 | | or Section 6 or 9 of the Intergovernmental Cooperation Act, or |
13 | | provided by a certified self-insurer under Section 7-502 of |
14 | | this Code. The excess or umbrella liability coverage |
15 | | requirement may be met by securing surplus line insurance as |
16 | | defined under Section 445 of the Illinois Insurance Code. If |
17 | | the excess or umbrella liability coverage requirement is met |
18 | | by securing surplus line insurance, that coverage must be |
19 | | effected through a licensed surplus line producer acting under |
20 | | the surplus line insurance laws and regulations of this State. |
21 | | Nothing in this subsection (c) shall be construed as |
22 | | prohibiting a licensed and admitted insurance carrier or an |
23 | | intergovernmental cooperative formed under Section 10 of |
24 | | Article VII of the Illinois Constitution, or Section 6 or 9 of |
25 | | the Intergovernmental Cooperation Act, or a certified |
26 | | self-insurer under Section 7-502 of this Code, from retaining |
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1 | | the risk required under paragraphs (1) and (2) of subsection |
2 | | (b) of this Section or issuing a single primary policy meeting |
3 | | the requirements of paragraphs (1) and (2) of subsection (b). |
4 | | (d) Each owner of a vehicle required to obtain the minimum |
5 | | liability requirements under subsection (b) of this Section |
6 | | shall attest that the vehicle meets the minimum insurance |
7 | | requirements under this Section. The Secretary of State shall |
8 | | create a form for each owner of a vehicle to attest that the |
9 | | owner meets the minimum insurance requirements and the owner |
10 | | of the vehicle shall submit the form with each registration |
11 | | application. The form shall be valid for the full registration |
12 | | period; however, if at any time the Secretary has reason to |
13 | | believe that the owner does not have the minimum required |
14 | | amount of insurance for a vehicle, then the Secretary may |
15 | | require a certificate of insurance, or its equivalent, to |
16 | | ensure the vehicle is insured. If the owner fails to produce a |
17 | | certificate of insurance, or its equivalent, within 2 calendar |
18 | | days after the request was made, then the Secretary may revoke |
19 | | the vehicle owner's registration until the Secretary is |
20 | | assured the vehicle meets the minimum insurance requirements. |
21 | | If the owner of a vehicle participates in an intergovernmental |
22 | | cooperative or is self-insured, then the owner shall attest |
23 | | that the insurance required under this Section is equivalent |
24 | | to or greater than the insurance required under paragraph (1) |
25 | | of subsection (b) of this Section. The Secretary may adopt any |
26 | | rules necessary to enforce the provisions of this subsection |
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1 | | (d). |
2 | | (Source: P.A. 99-595, eff. 1-1-17 .)
|
3 | | (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
|
4 | | Sec. 13-109. Safety test prior to application for
license - |
5 | | Subsequent tests - Repairs - Retest. |
6 | | (a) Except as otherwise provided in Chapter 13, each |
7 | | second division
vehicle, first division vehicle including a |
8 | | taxi which is used for a purpose that requires a school bus |
9 | | driver permit, and medical transport vehicle, except those |
10 | | vehicles other than
school buses or medical transport vehicles |
11 | | owned or operated by a municipal
corporation or political |
12 | | subdivision having a population of 1,000,000 or
more |
13 | | inhabitants which are subjected to safety tests imposed by |
14 | | local
ordinance or resolution, operated in whole or in part |
15 | | over the highways
of this State, motor vehicle used for driver |
16 | | education training, and each vehicle designed to carry 15 or |
17 | | fewer passengers
operated by a contract carrier transporting |
18 | | employees in the course of
their employment
on a highway of |
19 | | this State, shall be subjected to the safety
test provided for |
20 | | in Chapter
13 of this Code. Tests shall be conducted at an |
21 | | official testing station
within 6 months prior to the |
22 | | application for registration as provided
for in this Code. |
23 | | Subsequently each vehicle shall be subject to tests (i) at
|
24 | | least every 6 months, (ii) in the case of school buses and |
25 | | first division vehicles including taxis which are used for a |
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1 | | purpose that requires a school bus driver permit, at least |
2 | | every 6
months or 10,000 miles, whichever occurs first, (iii) |
3 | | in the case of driver education vehicles used by public high |
4 | | schools, at least every 12 months for vehicles over 5 model |
5 | | years of age or having an odometer reading of over 75,000 |
6 | | miles, whichever occurs first, or (iv) in the case of truck |
7 | | tractors, semitrailers, and property-carrying vehicles |
8 | | registered for a gross weight of more than 10,000 pounds but |
9 | | less than 26,001 pounds, at least every 12 months, and |
10 | | according to
schedules established by rules and regulations |
11 | | promulgated by the
Department. Any component subject to |
12 | | regular inspection which is
damaged in a reportable crash |
13 | | accident must be reinspected before the bus or first division |
14 | | vehicle including a taxi which is used for a purpose that |
15 | | requires a school bus driver permit is
returned to service.
|
16 | | (b) The Department shall also conduct periodic |
17 | | nonscheduled inspections
of school buses, of buses registered |
18 | | as charitable vehicles and of
religious organization buses. If |
19 | | such inspection reveals that a vehicle is
not in substantial |
20 | | compliance with the rules promulgated by the Department,
the |
21 | | Department shall remove the Certificate of Safety from the |
22 | | vehicle, and
shall place the vehicle out-of-service. A bright |
23 | | orange, triangular decal
shall be placed on an out-of-service |
24 | | vehicle where the Certificate of
Safety has been removed. The |
25 | | vehicle must pass a safety test at an
official testing station |
26 | | before it is again placed in service.
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1 | | (c) If the violation is not substantial a bright yellow, |
2 | | triangular
sticker shall be placed next to the Certificate of |
3 | | Safety at the time the
nonscheduled inspection is made. The |
4 | | Department shall reinspect the
vehicle after 3 working days to |
5 | | determine that the violation has been
corrected and remove the |
6 | | yellow, triangular decal. If the violation is not
corrected |
7 | | within 3 working days, the Department shall place the vehicle
|
8 | | out-of-service in accordance with procedures in subsection |
9 | | (b).
|
10 | | (d) If a violation is not substantial and does not |
11 | | directly affect the
safe operation of the vehicle, the |
12 | | Department shall issue a warning notice
requiring correction |
13 | | of the violation. Such correction shall be
accomplished as |
14 | | soon as practicable and a report of the correction shall be
|
15 | | made to the Department within 30 days in a manner established |
16 | | by the
Department. If the Department has not been advised that |
17 | | the corrections
have been made, and the violations still |
18 | | exist, the Department shall place
the vehicle out-of-service |
19 | | in accordance with procedures in subsection
(b).
|
20 | | (e) The Department is authorized to promulgate regulations |
21 | | to implement its
program of nonscheduled inspections. Causing |
22 | | or allowing the operation of
an out-of-service vehicle with |
23 | | passengers or unauthorized removal of an
out-of-service |
24 | | sticker is a Class 3 felony. Causing or allowing the
operation |
25 | | of a vehicle with a 3-day sticker for longer than 3 days with |
26 | | the
sticker attached or the unauthorized removal of a 3-day |
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1 | | sticker is a Class C
misdemeanor.
|
2 | | (f) If a second division vehicle, first division vehicle |
3 | | including a taxi which is used for a purpose that requires a |
4 | | school bus driver permit, medical transport vehicle, or
|
5 | | vehicle operated by a contract carrier as provided in |
6 | | subsection (a) of this
Section is in safe
mechanical |
7 | | condition, as determined pursuant to Chapter 13, the operator |
8 | | of
the official testing station must at once issue to the |
9 | | second division
vehicle, first division vehicle including a |
10 | | taxi which is used for a purpose that requires a school bus |
11 | | driver permit, or medical transport vehicle a certificate of |
12 | | safety, in the form
and manner prescribed by the Department, |
13 | | which shall be affixed to the
vehicle by the certified safety |
14 | | tester who performed the safety tests. The
owner of the second |
15 | | division vehicle, first division vehicle including a taxi |
16 | | which is used for a purpose that requires a school bus driver |
17 | | permit, or medical transport vehicle or the
contract carrier |
18 | | shall at
all times display the Certificate of Safety on the |
19 | | second division vehicle, first division vehicle including a |
20 | | taxi which is used for a purpose that requires a school bus |
21 | | driver permit, medical transport vehicle, or vehicle operated |
22 | | by a contract carrier
in the manner prescribed by the |
23 | | Department.
|
24 | | (g) If a test shows that a second division vehicle, first |
25 | | division vehicle including a taxi which is used for a purpose |
26 | | that requires a school bus driver permit, medical
transport
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1 | | vehicle, or vehicle operated by a contract carrier is not in |
2 | | safe
mechanical condition as provided in this Section, it
|
3 | | shall not be operated on the highways until it has been |
4 | | repaired and
submitted to a retest at an official testing |
5 | | station. If the owner or
contract carrier submits
the vehicle |
6 | | to a retest at
a
different official testing station from that |
7 | | where it failed to pass the
first test, he or she shall present |
8 | | to the operator of the second station the
report of the |
9 | | original test, and shall notify the Department in writing,
|
10 | | giving the name and address of the original testing station |
11 | | and the defects
which prevented the issuance of a Certificate |
12 | | of Safety, and the name and
address of the second official |
13 | | testing station making the retest.
|
14 | | (Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19 .)
|
15 | | (625 ILCS 5/13-111) (from Ch. 95 1/2, par. 13-111)
|
16 | | Sec. 13-111.
Operation without certificate of safety |
17 | | attached; Effective date
of certificate.
|
18 | | (a) Except as provided for in Chapter 13, no person shall |
19 | | operate any
vehicle required to be inspected by this Chapter |
20 | | upon the highways of this
State unless there is affixed to that |
21 | | vehicle a certificate of safety then in
effect. The Secretary |
22 | | of State, State Police, and other police officers shall
|
23 | | enforce this Section. The Department shall determine the |
24 | | expiration date of the
certificate of safety.
|
25 | | The certificates, all forms and records, reports of tests |
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1 | | and retests,
and the full procedure and methods of making the |
2 | | tests and retests, shall
be in the form prescribed by the |
3 | | Department.
|
4 | | (b) Every person convicted of violating this Section is |
5 | | guilty
of a petty offense with a minimum fine of $95 and a |
6 | | maximum fine of $250; unless the violation is contemporaneous |
7 | | with a motor vehicle crash accident , in which case the person |
8 | | is guilty of a Class C misdemeanor.
|
9 | | (Source: P.A. 98-489, eff. 1-1-14.)
|
10 | | (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
|
11 | | Sec. 15-301. Permits for excess size and weight.
|
12 | | (a) The Department with respect to highways under its |
13 | | jurisdiction
and local authorities with respect to highways |
14 | | under their jurisdiction
may, in their discretion, upon |
15 | | application and good cause being shown
therefor, issue a |
16 | | special permit authorizing the applicant to operate or
move a |
17 | | vehicle or combination of vehicles of a size or weight of |
18 | | vehicle or
load exceeding the maximum specified in this Code |
19 | | or otherwise not in
conformity with this Code upon any highway |
20 | | under the jurisdiction of the
party granting such permit and |
21 | | for the maintenance of which the party is
responsible. |
22 | | Applications and permits other than those in written or
|
23 | | printed form may only be accepted from and issued to the |
24 | | company or
individual making the movement. Except for an |
25 | | application to move directly
across a highway, it shall be the |
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1 | | duty of the applicant to establish in the
application that the |
2 | | load to be moved by such vehicle or combination cannot |
3 | | reasonably be
dismantled or
disassembled, the reasonableness |
4 | | of which shall be determined by the Secretary of the |
5 | | Department. For the purpose of
over length movements,
more |
6 | | than one object may be carried side by side as long as the |
7 | | height, width,
and weight laws are not exceeded and the cause |
8 | | for the over length is not due
to multiple objects. For the |
9 | | purpose of over height movements, more than one
object may be |
10 | | carried as long as the cause for the over height is not due to
|
11 | | multiple objects and the length, width, and weight laws are |
12 | | not exceeded. For
the purpose of an over width movement, more |
13 | | than one object may be carried as
long as the cause for the |
14 | | over width is not due to multiple objects and length,
height, |
15 | | and weight laws are not exceeded. Except for transporting |
16 | | fluid milk products, no State or local agency shall
authorize |
17 | | the issuance of excess size or weight permits for vehicles and |
18 | | loads
that are divisible and that can be carried, when |
19 | | divided, within the existing
size or weight maximums specified |
20 | | in this Chapter. Any excess size or weight
permit issued in |
21 | | violation of the provisions of this Section shall be void at
|
22 | | issue and any movement made thereunder shall not be authorized |
23 | | under the terms
of the void permit. In any prosecution for a |
24 | | violation of this Chapter when
the authorization of an excess |
25 | | size or weight permit is at issue, it is the
burden of the |
26 | | defendant to establish that the permit was valid because the |
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1 | | load
to be moved could not reasonably be dismantled or |
2 | | disassembled, or was
otherwise nondivisible.
|
3 | | (a-1) As used in this Section, "extreme heavy duty tow and |
4 | | recovery vehicle" means a tow truck manufactured as a unit |
5 | | having a lifting capacity of not less than 50 tons, and having |
6 | | either 4 axles and an unladen weight of not more than 80,000 |
7 | | pounds or 5 axles and an unladen weight not more than 90,000 |
8 | | pounds. Notwithstanding otherwise applicable gross and axle |
9 | | weight limits, an extreme heavy duty tow and recovery vehicle |
10 | | may lawfully travel to and from the scene of a disablement and |
11 | | clear a disabled vehicle if the towing service has obtained an |
12 | | extreme heavy duty tow and recovery permit for the vehicle. |
13 | | The form and content of the permit shall be determined by the |
14 | | Department with respect to highways under its jurisdiction and |
15 | | by local authorities with respect to highways under their |
16 | | jurisdiction. |
17 | | (b) The application for any such permit shall: (1) state |
18 | | whether
such permit is requested for a single trip or for |
19 | | limited continuous
operation; (2) (blank); (3) specifically |
20 | | describe and identify the vehicle or
vehicles and load to be |
21 | | operated or moved; (4) state the
routing requested, including |
22 | | the points of origin and destination, and may
identify and |
23 | | include a request for routing to the nearest certified scale
|
24 | | in accordance with the Department's rules and regulations, |
25 | | provided the
applicant has approval to travel on local roads; |
26 | | and (5) (blank).
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1 | | (c) The Department or local authority when not |
2 | | inconsistent with
traffic safety is authorized to issue or |
3 | | withhold such permit at its
discretion; or, if such permit is |
4 | | issued at its discretion to prescribe
the route or routes to be |
5 | | traveled, to limit the number of trips, to
establish seasonal |
6 | | or other time limitations within which the vehicles
described |
7 | | may be operated on the highways indicated, or otherwise to
|
8 | | limit or prescribe conditions of operations of such vehicle or |
9 | | vehicles,
when necessary to assure against undue damage to the |
10 | | road foundations,
surfaces or structures, and may require such |
11 | | undertaking or other
security as may be deemed necessary to |
12 | | compensate for any injury to any
roadway or road structure. |
13 | | The Department shall maintain a daily record of
each permit |
14 | | issued along with the fee and the stipulated dimensions,
|
15 | | weights, conditions, and restrictions authorized and this |
16 | | record shall be
presumed correct in any case of questions or |
17 | | dispute. The Department shall
install an automatic device for |
18 | | recording telephone conversations involving permit |
19 | | applications. The Department and
applicant waive all |
20 | | objections to the recording of the conversation.
|
21 | | (d) The Department shall, upon application in writing from |
22 | | any local
authority, issue an annual permit authorizing the |
23 | | local authority to
move oversize highway construction, |
24 | | transportation, utility, and maintenance
equipment over roads |
25 | | under the jurisdiction of the Department. The permit
shall be |
26 | | applicable only to equipment and vehicles owned by or |
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1 | | registered
in the name of the local authority, and no fee shall |
2 | | be charged for the
issuance of such permits.
|
3 | | (e) As an exception to subsection (a) of this Section, the |
4 | | Department
and local authorities, with respect to highways |
5 | | under their respective
jurisdictions, in their discretion and |
6 | | upon application in writing, may
issue a special permit for |
7 | | limited continuous operation, authorizing the
applicant to |
8 | | move loads of agricultural commodities on a 2-axle single
|
9 | | vehicle registered by the Secretary of State with axle loads |
10 | | not to exceed
35%, on a 3-axle or 4-axle
vehicle registered by |
11 | | the Secretary of State with axle loads
not to exceed 20%, and |
12 | | on a 5-axle vehicle registered by the
Secretary of State not to |
13 | | exceed 10% above those provided in Section 15-111. The total |
14 | | gross weight of the vehicle, however,
may not exceed the |
15 | | maximum gross weight of the registration class of the vehicle |
16 | | allowed under Section 3-815 or 3-818 of this Code. |
17 | | As used in this Section, "agricultural commodities"
means: |
18 | | (1) cultivated plants or agricultural produce grown,
|
19 | | including, but not limited to, corn, soybeans, wheat, |
20 | | oats, grain sorghum, canola, and rice; |
21 | | (2) livestock, including, but not limited to, hogs, |
22 | | equine, sheep, and poultry; |
23 | | (3) ensilage; and |
24 | | (4) fruits and vegetables.
|
25 | | Permits may be issued for a
period not to exceed 40 days |
26 | | and moves may be made of a distance not to
exceed 50 miles from |
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1 | | a field, an on-farm grain storage facility, a warehouse as |
2 | | defined in the Grain Code, or a livestock management facility |
3 | | as defined in the Livestock Management Facilities Act over any
|
4 | | highway except the National System of Interstate and Defense |
5 | | Highways. The operator of the vehicle,
however, must abide by |
6 | | posted bridge and posted highway weight limits. All implements |
7 | | of husbandry operating under this Section between sunset and |
8 | | sunrise shall be equipped as prescribed in Section 12-205.1.
|
9 | | (e-1) A special permit shall be issued by the Department |
10 | | under this Section and shall
be required from September 1 |
11 | | through December 31 for a vehicle that exceeds the maximum |
12 | | axle weight and gross weight limits under Section 15-111 of |
13 | | this Code or exceeds the vehicle's registered gross weight, |
14 | | provided that the vehicle's axle weight and gross weight do |
15 | | not exceed 10% above the maximum limits under Section 15-111 |
16 | | of this Code and does not exceed the vehicle's registered |
17 | | gross weight by 10%. All other restrictions that apply to |
18 | | permits issued under this Section shall apply during the |
19 | | declared time period and no fee shall be charged for the |
20 | | issuance of those permits. Permits issued by the Department |
21 | | under this subsection (e-1) are only valid on federal and |
22 | | State highways under the jurisdiction of the Department, |
23 | | except interstate highways. With
respect to highways under the |
24 | | jurisdiction of local authorities, the local
authorities may, |
25 | | at their discretion, waive special permit requirements and set |
26 | | a divisible load weight limit not to exceed 10% above a |
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1 | | vehicle's registered gross weight, provided that the vehicle's |
2 | | axle weight and gross weight do not exceed 10% above the |
3 | | maximum limits specified in Section 15-111. Permits issued |
4 | | under this subsection (e-1) shall apply to all registered |
5 | | vehicles
eligible to obtain permits under this Section, |
6 | | including vehicles used in private or for-hire movement of |
7 | | divisible load agricultural commodities during the declared |
8 | | time period.
|
9 | | (f) The form and content of the permit shall be determined |
10 | | by the
Department with respect to highways under its |
11 | | jurisdiction and by local
authorities with respect to highways |
12 | | under their jurisdiction. Every permit
shall be in written |
13 | | form and carried in the vehicle or combination of
vehicles to |
14 | | which it refers and shall be open to inspection by any
police |
15 | | officer or authorized agent of any authority granting the |
16 | | permit
and no person shall violate any of the terms or |
17 | | conditions of such
special permit. Violation of the terms and |
18 | | conditions of the permit
shall not be deemed a revocation of |
19 | | the permit; however, any vehicle and load
found to be off the |
20 | | route prescribed in the permit shall be held to be
operating |
21 | | without a permit. Any off-route vehicle and load shall be |
22 | | required
to obtain a new permit or permits, as necessary, to |
23 | | authorize the movement back
onto the original permit routing. |
24 | | No rule or regulation, nor anything herein,
shall be construed |
25 | | to authorize any police officer, court, or authorized agent
of |
26 | | any authority granting the permit to remove the permit from |
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1 | | the possession
of the permittee unless the permittee is |
2 | | charged with a fraudulent permit
violation as provided in |
3 | | subsection (i). However, upon arrest for an offense of
|
4 | | violation of permit, operating without a permit when the |
5 | | vehicle is off route,
or any size or weight offense under this |
6 | | Chapter when the permittee plans to
raise the issuance of the |
7 | | permit as a defense, the permittee, or his agent,
must produce |
8 | | the permit at any court hearing concerning the alleged |
9 | | offense.
|
10 | | If the permit designates and includes a routing to a |
11 | | certified scale, the permittee, while en route to the |
12 | | designated scale, shall be deemed in compliance
with the |
13 | | weight provisions of the permit provided the axle or gross |
14 | | weights
do not exceed any of the permitted limits by more than |
15 | | the following amounts:
|
16 | | Single axle 2000 pounds
|
17 | | Tandem axle 3000 pounds
|
18 | | Gross 5000 pounds
|
19 | | (g) The Department is authorized to adopt, amend, and make
|
20 | | available to interested persons a policy concerning reasonable |
21 | | rules,
limitations and conditions or provisions of operation |
22 | | upon highways
under its jurisdiction in addition to those |
23 | | contained in this Section
for the movement by special permit |
24 | | of vehicles, combinations, or loads
which cannot reasonably be |
25 | | dismantled or disassembled, including
manufactured and modular |
26 | | home sections and portions thereof. All rules,
limitations and |
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1 | | conditions or provisions adopted in the policy shall
have due |
2 | | regard for the safety of the traveling public and the |
3 | | protection
of the highway system and shall have been |
4 | | promulgated in conformity with
the provisions of the Illinois |
5 | | Administrative Procedure Act. The
requirements of the policy |
6 | | for flagmen and escort vehicles shall be the
same for all moves |
7 | | of comparable size and weight. When escort vehicles are
|
8 | | required, they shall meet the following requirements:
|
9 | | (1) All operators shall be 18 years of age or over and |
10 | | properly
licensed to operate the vehicle.
|
11 | | (2) Vehicles escorting oversized loads more than 12 |
12 | | feet wide must
be equipped with a rotating or flashing |
13 | | amber light mounted on top as specified
under Section |
14 | | 12-215.
|
15 | | The Department shall establish reasonable rules and |
16 | | regulations
regarding liability insurance or self insurance |
17 | | for vehicles with
oversized loads promulgated under the |
18 | | Illinois Administrative Procedure
Act. Police vehicles may be |
19 | | required for escort under circumstances as
required by rules |
20 | | and regulations of the Department.
|
21 | | (h) Violation of any rule, limitation or condition or |
22 | | provision of
any permit issued in accordance with the |
23 | | provisions of this Section
shall not render the entire permit |
24 | | null and void but the violator shall
be deemed guilty of |
25 | | violation of permit and guilty of exceeding any size,
weight, |
26 | | or load limitations in excess of those authorized by the |
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1 | | permit.
The prescribed route or routes on the permit are not |
2 | | mere rules, limitations,
conditions, or provisions of the |
3 | | permit, but are also the sole extent of the
authorization |
4 | | granted by the permit. If a vehicle and load are found to be
|
5 | | off the route or routes prescribed by any permit authorizing |
6 | | movement,
the vehicle and load are operating without a permit. |
7 | | Any off-route movement
shall be subject to the size and weight |
8 | | maximums, under the applicable
provisions of this Chapter, as |
9 | | determined by the type or class highway upon
which the vehicle |
10 | | and load are being operated.
|
11 | | (i) Whenever any vehicle is operated or movement made |
12 | | under a
fraudulent permit, the permit shall be void, and the |
13 | | person, firm, or
corporation to whom such permit was granted, |
14 | | the driver of such vehicle
in addition to the person who issued |
15 | | such permit and any accessory,
shall be guilty of fraud and |
16 | | either one or all persons may be prosecuted
for such |
17 | | violation. Any person, firm, or corporation committing such
|
18 | | violation shall be guilty of a Class 4 felony and the |
19 | | Department shall
not issue permits to the person, firm, or |
20 | | corporation convicted of such
violation for a period of one |
21 | | year after the date of conviction.
Penalties for violations of |
22 | | this Section shall be in addition to any
penalties imposed for |
23 | | violation of other Sections of this Code.
|
24 | | (j) Whenever any vehicle is operated or movement made in |
25 | | violation
of a permit issued in accordance with this Section, |
26 | | the person to whom
such permit was granted, or the driver of |
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1 | | such vehicle, is guilty of
such violation and either, but not |
2 | | both, persons may be prosecuted for
such violation as stated |
3 | | in this subsection (j). Any person, firm, or
corporation |
4 | | convicted of such violation shall be guilty of a petty
offense |
5 | | and shall be fined, for the first offense, not less than $50 |
6 | | nor
more than $200 and, for the second offense by the same |
7 | | person, firm, or
corporation within a period of one year, not |
8 | | less than $200 nor more
than $300 and, for the third offense by |
9 | | the same person, firm, or
corporation within a period of one |
10 | | year after the date of the first
offense, not less than $300 |
11 | | nor more than $500 and the Department may, in its discretion, |
12 | | not issue permits to the person, firm, or corporation |
13 | | convicted of a
third offense during a period of one year after |
14 | | the date of conviction or supervision
for such third offense. |
15 | | If any violation is the cause or contributing cause in a motor |
16 | | vehicle crash accident causing damage to property, injury, or |
17 | | death to a person, the Department may, in its discretion, not |
18 | | issue a permit to the person, firm, or corporation for a period |
19 | | of one year after the date of conviction or supervision for the |
20 | | offense.
|
21 | | (k) Whenever any vehicle is operated on local roads under |
22 | | permits
for excess width or length issued by local |
23 | | authorities, such vehicle may
be moved upon a State highway |
24 | | for a distance not to exceed one-half mile
without a permit for |
25 | | the purpose of crossing the State highway.
|
26 | | (l) Notwithstanding any other provision of this Section, |
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1 | | the Department,
with respect to highways under its |
2 | | jurisdiction, and local authorities, with
respect to highways |
3 | | under their jurisdiction, may at their discretion authorize
|
4 | | the movement of a vehicle in violation of any size or weight |
5 | | requirement, or
both, that would not ordinarily be eligible |
6 | | for a permit, when there is a
showing of extreme necessity that |
7 | | the vehicle and load should be moved without
unnecessary |
8 | | delay.
|
9 | | For the purpose of this subsection, showing of extreme |
10 | | necessity shall be
limited to the following: shipments of |
11 | | livestock, hazardous materials, liquid
concrete being hauled |
12 | | in a mobile cement mixer, or hot asphalt.
|
13 | | (m) Penalties for violations of this Section shall be in |
14 | | addition to any
penalties imposed for violating any other |
15 | | Section of this Code.
|
16 | | (n) The Department with respect to highways under its |
17 | | jurisdiction and
local
authorities with respect to highways |
18 | | under their jurisdiction, in their
discretion and upon
|
19 | | application in writing, may issue a special permit for |
20 | | continuous limited
operation,
authorizing the applicant to |
21 | | operate a tow truck that exceeds the weight limits
provided
|
22 | | for in subsection (a) of Section 15-111, provided:
|
23 | | (1) no rear single axle of the tow truck exceeds |
24 | | 26,000 pounds;
|
25 | | (2) no rear tandem axle of the tow truck exceeds |
26 | | 50,000 pounds;
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1 | | (2.1) no triple rear axle on a manufactured recovery |
2 | | unit exceeds 60,000
pounds; |
3 | | (3) neither the disabled vehicle nor the disabled |
4 | | combination of vehicles
exceed the
weight restrictions |
5 | | imposed by this Chapter 15, or the weight limits imposed
|
6 | | under a
permit issued by the Department prior to hookup;
|
7 | | (4) the tow truck prior to hookup does not exceed the |
8 | | weight restrictions
imposed
by this Chapter 15;
|
9 | | (5) during the tow operation the tow truck does not |
10 | | violate any weight
restriction
sign;
|
11 | | (6) the tow truck is equipped with flashing, rotating, |
12 | | or oscillating
amber
lights,
visible for at least 500 feet |
13 | | in all directions;
|
14 | | (7) the tow truck is specifically designed and |
15 | | licensed as a tow truck;
|
16 | | (8) the tow truck has a gross vehicle weight rating of |
17 | | sufficient
capacity to safely
handle the load;
|
18 | | (9) the tow truck is equipped with air brakes;
|
19 | | (10) the tow truck is capable of utilizing the |
20 | | lighting and braking
systems of the
disabled vehicle or |
21 | | combination of vehicles;
|
22 | | (11) the tow commences at the initial point of wreck |
23 | | or disablement and terminates at a point where the repairs |
24 | | are actually to occur;
|
25 | | (12) the permit issued to the tow truck is carried in |
26 | | the tow truck
and
exhibited on demand by a police officer; |
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1 | | and
|
2 | | (13) the movement shall be valid only on State routes |
3 | | approved by the
Department.
|
4 | | (o) (Blank).
|
5 | | (p) In determining whether a load may be reasonably |
6 | | dismantled or disassembled for the purpose of subsection (a), |
7 | | the Department shall consider whether there is a significant |
8 | | negative impact on the condition of the pavement and |
9 | | structures along the proposed route, whether the load or |
10 | | vehicle as proposed causes a safety hazard to the traveling |
11 | | public, whether dismantling or disassembling the load promotes |
12 | | or stifles economic development, and whether the proposed |
13 | | route travels less than 5 miles. A load is not required to be |
14 | | dismantled or disassembled for the purposes of subsection (a) |
15 | | if the Secretary of the Department determines there will be no |
16 | | significant negative impact to pavement or structures along |
17 | | the proposed route, the proposed load or vehicle causes no |
18 | | safety hazard to the traveling public, dismantling or |
19 | | disassembling the load does not promote economic development, |
20 | | and the proposed route travels less than 5 miles.
The |
21 | | Department may promulgate rules for the purpose of |
22 | | establishing the divisibility of a load pursuant to subsection |
23 | | (a). Any load determined by the Secretary to be nondivisible |
24 | | shall otherwise comply with the existing size or weight |
25 | | maximums specified in this Chapter. |
26 | | (Source: P.A. 101-81, eff. 7-12-19; 101-547, eff. 1-1-20; |
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1 | | 102-124, eff. 7-23-21.)
|
2 | | (625 ILCS 5/16-108)
|
3 | | Sec. 16-108. Claims of diplomatic immunity.
|
4 | | (a) This Section applies only to an individual that |
5 | | displays to a police
officer a
driver's license issued by the |
6 | | U.S. Department of State or that otherwise
claims
immunities |
7 | | or privileges under Title 22, Chapter 6 of the United States |
8 | | Code
with
respect to the individual's violation of Section 9-3 |
9 | | or Section 9-3.2 of the
Criminal Code
of 2012 or his or her |
10 | | violation of a traffic regulation governing the movement
of |
11 | | vehicles
under this Code or a similar provision of a local |
12 | | ordinance.
|
13 | | (b) If a driver subject to this Section is stopped by a |
14 | | police officer that
has
probable cause to believe that the |
15 | | driver has committed a violation described
in
subsection (a) |
16 | | of this Section, the police officer shall:
|
17 | | (1) as soon as practicable contact the U.S. Department |
18 | | of State office in
order to verify the driver's status and |
19 | | immunity, if any;
|
20 | | (2) record all relevant information from any driver's |
21 | | license or
identification card, including a driver's |
22 | | license or identification card issued
by the
U.S. |
23 | | Department of State; and
|
24 | | (3) within 5 workdays after the date of the stop, |
25 | | forward the following to
the Secretary of State of |
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1 | | Illinois:
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2 | | (A) a vehicle crash accident report, if the driver |
3 | | was involved in a vehicle
crash accident ;
|
4 | | (B) if a citation or charge was issued to the |
5 | | driver, a copy of the
citation or charge; and
|
6 | | (C) if a citation or charge was not issued to the |
7 | | driver, a written
report of the incident.
|
8 | | (c) Upon receiving material submitted under paragraph (3) |
9 | | of subsection (b)
of
this Section, the Secretary of State |
10 | | shall:
|
11 | | (1) file each vehicle crash accident report, citation |
12 | | or charge, and incident
report
received;
|
13 | | (2) keep convenient records or make suitable notations |
14 | | showing each:
|
15 | | (A) conviction;
|
16 | | (B) disposition of court supervision for any |
17 | | violation of Section 11-501
of this Code; and
|
18 | | (C) vehicle crash accident ; and
|
19 | | (3) send a copy of each document and record described |
20 | | in paragraph (2) of
this subsection (c) to the Bureau of |
21 | | Diplomatic Security, Office of Foreign
Missions, of the |
22 | | U.S. Department of State.
|
23 | | (d) This Section does not prohibit or limit the |
24 | | application of any law to a
criminal
or motor vehicle |
25 | | violation by an individual who has or claims immunities or
|
26 | | privileges
under Title 22, Chapter 6 of the United States |
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1 | | Code.
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2 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
3 | | (625 ILCS 5/18a-301) (from Ch. 95 1/2, par. 18a-301)
|
4 | | Sec. 18a-301. Commercial vehicle relocators - Security |
5 | | requirements.
Every commercial vehicle relocator shall file |
6 | | with the Commission and have
in effect an indemnity bond or |
7 | | insurance policy or certificates of bonds
or insurance in lieu |
8 | | thereof which shall indemnify or insure the relocator
for its |
9 | | liability: (1) for injury to person, in an amount not less than
|
10 | | $100,000 to any one person and $300,000 for any one crash |
11 | | accident ; (2) in case
of damage to property other than a |
12 | | vehicle being removed, in an amount not
less than $50,000 for |
13 | | any one crash accident ; and (3) in case of damage to any
|
14 | | vehicle relocated or stored by the relocator, in an amount not |
15 | | less than
$15,000 per vehicle. Any such bond or policy shall be |
16 | | issued by a bonding
or insurance firm authorized to do |
17 | | business as such in
the State of Illinois.
All certificates or |
18 | | indemnity bonds or insurance filed with the Commission
must |
19 | | show the coverage effective continuously until cancelled, and |
20 | | the Commission
may require such evidence of continued validity |
21 | | as it deems necessary.
|
22 | | (Source: P.A. 85-1396.)
|
23 | | (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
|
24 | | Sec. 18b-105. Rules and Regulations.
|
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1 | | (a) The Department is authorized to make and adopt |
2 | | reasonable rules and
regulations and orders consistent with |
3 | | law necessary to carry out the
provisions of this Chapter.
|
4 | | (b) The following parts of Title 49 of the Code of Federal |
5 | | Regulations,
as now in effect, are hereby adopted by reference |
6 | | as though they were set
out in full:
|
7 | | Part 40 - Procedures For Transportation Workplace Drug and |
8 | | Alcohol Testing Programs; |
9 | | Part 380 - Special Training Requirements; |
10 | | Part 382 - Controlled Substances and Alcohol Use and |
11 | | Testing;
|
12 | | Part 383 - Commercial Driver's License Standards, |
13 | | Requirements, and
Penalties;
|
14 | | Part 385 - Safety Fitness Procedures;
|
15 | | Part 386 Appendix B - Penalty Schedule; Violations and |
16 | | Maximum Monetary Penalties; |
17 | | Part 387 - Minimum Levels of Financial Responsibility for |
18 | | Motor Carriers;
|
19 | | Part 390 - Federal Motor Carrier Safety Regulations: |
20 | | General;
|
21 | | Part 391 - Qualifications of Drivers;
|
22 | | Part 392 - Driving of Motor Vehicles;
|
23 | | Part 393 - Parts and Accessories Necessary for Safe |
24 | | Operation;
|
25 | | Part 395 - Hours of Service of Drivers, except as provided |
26 | | in
Section 18b-106.1;
|
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1 | | Part 396 - Inspection, Repair and Maintenance; and |
2 | | Part 397 - Transportation of hazardous materials; Driving |
3 | | and Parking Rules.
|
4 | | (b-5) Individuals who meet the requirements set forth in |
5 | | the definition
of "medical examiner" in Section 390.5 of Part |
6 | | 390 of Title 49 of the Code
of Federal Regulations may act as |
7 | | medical examiners in accordance with
Part 391 of Title 49 of |
8 | | the Code of Federal Regulations.
|
9 | | (c) The following parts and Sections of the Federal Motor |
10 | | Carrier Safety
Regulations shall not apply to those intrastate |
11 | | carriers, drivers or
vehicles subject to subsection (b).
|
12 | | (1) Section 393.93 of Part 393 for those vehicles |
13 | | manufactured before
June 30, 1972.
|
14 | | (2) Section 393.86 of Part 393 for those vehicles |
15 | | registered
as farm trucks under subsection (c) of Section |
16 | | 3-815 of this Code.
|
17 | | (3) (Blank).
|
18 | | (4) (Blank).
|
19 | | (5) Paragraph (b)(1) of Section 391.11 of Part 391.
|
20 | | (6) All of Part 395 for all agricultural operations as |
21 | | defined in Section 18b-101 of this Chapter at any time of |
22 | | the year
and all farm to market agricultural |
23 | | transportation as defined in
Chapter 1
and for grain |
24 | | hauling operations within a radius of 200 air miles of the
|
25 | | normal work reporting location.
|
26 | | (7) Paragraphs (b)(3) (insulin dependent diabetic) and |
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1 | | (b)(10) (minimum
visual acuity) of Section 391.41 of part |
2 | | 391, but only for any driver who
immediately prior to July |
3 | | 29, 1986 was eligible and licensed to operate a
motor |
4 | | vehicle subject to this Section and was engaged in |
5 | | operating such
vehicles, and who was disqualified on July |
6 | | 29, 1986 by the adoption of Part
391 by reason of the |
7 | | application of paragraphs (b)(3) and (b)(10) of Section
|
8 | | 391.41 with respect to a physical condition existing at |
9 | | that time unless such
driver has a record of crashes |
10 | | accidents which would indicate a lack of ability to
|
11 | | operate a motor vehicle in a safe manner.
|
12 | | (d) Intrastate carriers subject to the recording |
13 | | provisions of Section
395.8 of Part 395 of the Federal Motor |
14 | | Carrier Safety Regulations shall be
exempt as established |
15 | | under paragraph (1) of Section 395.8; provided,
however, for |
16 | | the purpose of this Code, drivers shall operate within a 150
|
17 | | air-mile radius of the normal work reporting location to |
18 | | qualify for exempt
status.
|
19 | | (e) Regulations adopted by the Department subsequent to |
20 | | those adopted
under subsection (b) hereof shall be identical |
21 | | in substance to the Federal
Motor Carrier Safety Regulations |
22 | | of the United States Department of
Transportation and adopted |
23 | | in accordance with the procedures for rulemaking
in Section |
24 | | 5-35 of the Illinois Administrative Procedure Act.
|
25 | | (Source: P.A. eff. 1-1-02; eff. 1-1-02; 94-519, eff. 8-10-05; |
26 | | 94-739, eff. 5-5-06.)
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1 | | (625 ILCS 5/18b-108) (from Ch. 95 1/2, par. 18b-108)
|
2 | | Sec. 18b-108. Violations; criminal penalties.
|
3 | | (a) The provisions of Chapter 16 shall be applicable to |
4 | | acts committed
by a driver of a motor vehicle that violate this |
5 | | Chapter or any rule or
regulation issued under this Chapter.
|
6 | | (b) Except as provided in subsection (d), any driver who |
7 | | willfully violates any provision of this Chapter or
any rule |
8 | | or regulation issued under this Chapter is guilty of a Class 4
|
9 | | felony. In addition to any other penalties prescribed by law, |
10 | | the maximum
fine for each offense is $10,000.
Such violation |
11 | | shall be prosecuted by the State's Attorney or the Attorney
|
12 | | General.
|
13 | | (c) Except as provided in subsection (d), any person, |
14 | | other than a driver, who willfully
violates or causes another |
15 | | to violate any provision of this Chapter or any
rule or |
16 | | regulation issued
under this Chapter is guilty of a Class 3 |
17 | | felony. In addition to any other
penalties prescribed by law, |
18 | | the maximum fine for each offense is $25,000.
Such violation |
19 | | shall be prosecuted
at the request of the Department
by the |
20 | | State's Attorney or the Attorney General. |
21 | | (d) Any driver who willfully violates Parts 392, 395, |
22 | | Sections 391.11, 391.15, 391.41, or 391.45 of Part 391, or any |
23 | | other Part of Title 49 of the Code of Federal Regulations, as |
24 | | adopted by reference in Section 18b-105 of this Code, which |
25 | | would place the driver or vehicle out of service, when the |
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1 | | violation results in a motor vehicle crash accident that |
2 | | causes great bodily harm, permanent disability or |
3 | | disfigurement, or death to another person, is guilty of a |
4 | | Class 3 felony. Any person other than the driver who willfully |
5 | | violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or |
6 | | 391.45 of Part 391 or any other Part of Title 49 of the Code of |
7 | | Federal Regulations, as adopted by reference in Section |
8 | | 18b-105 of this Code, which would place the driver or vehicle |
9 | | out of service, when the violation results in a motor vehicle |
10 | | crash accident that causes great bodily harm, permanent |
11 | | disability or disfigurement, or death to another person, is |
12 | | guilty of a Class 2 felony.
|
13 | | (Source: P.A. 99-291, eff. 1-1-16 .)
|
14 | | (625 ILCS 5/18c-6502) (from Ch. 95 1/2, par. 18c-6502)
|
15 | | Sec. 18c-6502. Report and Investigation of Crashes |
16 | | Accidents . (1) Reports.
Every motor carrier of passengers |
17 | | shall report to the
Commission, by the speediest means |
18 | | possible, whether telephone,
telegraph, or otherwise, every |
19 | | crash accident involving its
equipment which resulted in loss |
20 | | of life to any person. In
addition to reports required to be |
21 | | filed with the Department of
Transportation, under Article IV |
22 | | of Chapter 11 and Chapter 7 of this
Code, such carrier shall |
23 | | file a written report with the
Commission, in accordance with |
24 | | regulations adopted hereunder,
of any crash accident which |
25 | | results in injury or loss of life to
any employee, or damage to |
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1 | | the person or property of any
member of the public. The |
2 | | Commission and the Department of
Transportation may adopt, by
|
3 | | reference, such state or federal reporting requirements as
|
4 | | will effectuate the purposes of this Section and promote
|
5 | | uniformity in bus crash accident reporting.
|
6 | | (2) Investigations.
The Commission and the Department of |
7 | | Transportation may investigate any
bus crash accident reported |
8 | | to
it or of which it acquires knowledge independent of reports
|
9 | | made by motor carriers of passengers, and shall have the
power |
10 | | to enter such orders and adopt such regulations as will
|
11 | | minimize the risk of future crashes accidents .
|
12 | | (Source: P.A. 84-1246.)
|
13 | | (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
|
14 | | Sec. 18c-7402. Safety requirements for railroad |
15 | | operations.
|
16 | | (1) Obstruction of crossings.
|
17 | | (a) Obstruction of emergency vehicles.
Every railroad |
18 | | shall be operated in such a manner as to
minimize |
19 | | obstruction of emergency vehicles at crossings.
Where such |
20 | | obstruction occurs and the train crew is
aware of the |
21 | | obstruction, the train crew shall
immediately take any |
22 | | action, consistent with safe
operating procedure, |
23 | | necessary to remove the
obstruction. In the Chicago and |
24 | | St. Louis switching
districts, every railroad dispatcher |
25 | | or other person
responsible for the movement of railroad |
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1 | | equipment in a
specific area who receives notification |
2 | | that railroad
equipment is obstructing the movement of an |
3 | | emergency
vehicle at any crossing within such area shall
|
4 | | immediately notify the train crew through use of
existing |
5 | | communication facilities. Upon notification,
the train |
6 | | crew shall take immediate action in accordance
with this |
7 | | paragraph.
|
8 | | (b) Obstruction of highway at grade crossing |
9 | | prohibited.
It is unlawful for a rail carrier to permit |
10 | | any train,
railroad car or engine to obstruct public |
11 | | travel at a
railroad-highway grade crossing for a period |
12 | | in excess
of 10 minutes, except where such train or |
13 | | railroad car
is continuously moving or cannot be moved by |
14 | | reason of
circumstances over which the rail carrier has no
|
15 | | reasonable control.
|
16 | | In a county with a population of greater than |
17 | | 1,000,000, as determined by
the most recent federal |
18 | | census, during the
hours of 7:00 a.m. through 9:00 a.m. |
19 | | and 4:00 p.m. through 6:00 p.m. it is
unlawful for a rail |
20 | | carrier to permit any single train or railroad car to
|
21 | | obstruct
public travel at a railroad-highway grade |
22 | | crossing in excess of a total of 10
minutes during a 30 |
23 | | minute period, except where the train or railroad
car
|
24 | | cannot be moved by reason or circumstances over which the |
25 | | rail carrier has no
reasonable control. Under no |
26 | | circumstances will a moving train be stopped for
the |
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1 | | purposes of
issuing a citation related to this Section.
|
2 | | However, no employee acting under the rules or orders |
3 | | of the rail carrier or
its supervisory personnel may be |
4 | | prosecuted for a violation of this
subsection (b).
|
5 | | (c) Punishment for obstruction of grade crossing.
Any |
6 | | rail carrier violating paragraph (b) of this
subsection |
7 | | shall be guilty of a petty offense and fined
not less than |
8 | | $200 nor more than $500 if the duration of
the obstruction |
9 | | is in excess of 10 minutes but no longer
than 15 minutes. |
10 | | If the duration of the obstruction
exceeds 15 minutes the |
11 | | violation shall be a business
offense and the following |
12 | | fines shall be imposed: if
the duration of the obstruction |
13 | | is in excess of 15
minutes but no longer than 20 minutes, |
14 | | the fine shall be
$500; if the duration of the obstruction |
15 | | is in excess of
20 minutes but no longer than 25 minutes, |
16 | | the fine shall
be $700; if the duration of the obstruction |
17 | | is in excess
of 25 minutes, but no longer than 30 minutes, |
18 | | the fine
shall be $900; if the duration of the obstruction |
19 | | is in
excess of 30 minutes but no longer than 35 minutes, |
20 | | the
fine shall be $1,000; if the duration of the |
21 | | obstruction
is in excess of 35 minutes, the fine shall be |
22 | | $1,000
plus an additional $500 for each 5 minutes of
|
23 | | obstruction in excess of 25 minutes of obstruction.
|
24 | | (2) Other operational requirements.
|
25 | | (a) Bell and whistle-crossings.
Every rail carrier |
26 | | shall cause a bell, and a whistle or
horn to be placed and |
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1 | | kept on each locomotive, and shall
cause the same to be |
2 | | rung or sounded by the engineer or
fireman, at the |
3 | | distance of at least 1,320 feet, from the
place where the |
4 | | railroad crosses or intersects any
public highway, and |
5 | | shall be kept ringing or sounding
until the highway is |
6 | | reached; provided that at crossings
where the Commission |
7 | | shall by order direct, only after a hearing has been
held |
8 | | to determine the public is reasonably and sufficiently |
9 | | protected, the rail
carrier may be excused from giving |
10 | | warning provided by
this paragraph.
|
11 | | (a-5) The requirements of paragraph (a) of this
|
12 | | subsection (2) regarding ringing a bell and sounding a
|
13 | | whistle or horn do not apply at a railroad crossing that
|
14 | | has a permanently installed automated audible warning
|
15 | | device authorized by the Commission under Section
|
16 | | 18c-7402.1 that sounds automatically when an approaching
|
17 | | train is at least 1,320 feet from the crossing and that
|
18 | | keeps sounding until the lead locomotive has crossed the
|
19 | | highway. The engineer or fireman may ring the bell or
|
20 | | sound the whistle or horn at a railroad crossing that has a
|
21 | | permanently installed audible warning device.
|
22 | | (b) Speed limits.
Each rail carrier shall operate its |
23 | | trains in compliance
with speed limits set by the |
24 | | Commission. The Commission
may set train speed limits only |
25 | | where such limits are
necessitated by extraordinary |
26 | | circumstances affecting
the public safety, and shall |
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1 | | maintain such train speed
limits in effect only for such |
2 | | time as the extraordinary
circumstances prevail.
|
3 | | The Commission and the Department of Transportation |
4 | | shall conduct a study
of the relation between train speeds |
5 | | and railroad-highway grade crossing
safety. The Commission |
6 | | shall report the findings of the study to the General
|
7 | | Assembly no later than January 5, 1997.
|
8 | | (c) Special speed limit; pilot project. The Commission |
9 | | and the
Board of the Commuter Rail Division of the |
10 | | Regional Transportation Authority
shall conduct a pilot |
11 | | project in the Village of
Fox River Grove, the site of the
|
12 | | fatal school bus crash accident at a railroad crossing
on |
13 | | October 25, 1995, in order to improve railroad crossing |
14 | | safety. For this
project, the Commission is directed to |
15 | | set the maximum train speed limit for
Regional |
16 | | Transportation Authority trains at 50 miles per hour at |
17 | | intersections
on
that portion of
the intrastate rail line |
18 | | located in the Village of Fox River Grove.
If the Regional |
19 | | Transportation Authority deliberately fails to comply with |
20 | | this
maximum speed
limit, then any entity, governmental or |
21 | | otherwise, that provides capital or
operational funds to |
22 | | the Regional Transportation
Authority shall appropriately |
23 | | reduce or eliminate that funding.
The Commission shall |
24 | | report
to the Governor and the General Assembly on the |
25 | | results of this pilot
project in January
1999, January |
26 | | 2000, and January 2001. The Commission shall also submit a |
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1 | | final
report on the pilot project to the Governor and the |
2 | | General Assembly in January
2001. The provisions of this
|
3 | | subsection (c), other than this sentence, are inoperative |
4 | | after February 1,
2001.
|
5 | | (d) Freight train crew size. No rail carrier shall |
6 | | operate or cause to operate a train or light engine used in |
7 | | connection with the movement of freight unless it has an |
8 | | operating crew consisting of at least 2 individuals. The |
9 | | minimum freight train crew size indicated in this |
10 | | subsection (d) shall remain in effect until a federal law |
11 | | or rule encompassing the subject matter has been adopted. |
12 | | The Commission, with respect to freight train crew member |
13 | | size under this subsection (d), has the power to conduct |
14 | | evidentiary hearings, make findings, and issue and enforce |
15 | | orders, including sanctions under Section 18c-1704 of this |
16 | | Chapter. As used in this subsection (d), "train or light |
17 | | engine" does not include trains operated by a hostler |
18 | | service or utility employees. |
19 | | (3) Report and investigation of rail accidents.
|
20 | | (a) Reports.
Every rail carrier shall report to the |
21 | | Commission, by
the speediest means possible, whether |
22 | | telephone,
telegraph, or otherwise, every accident |
23 | | involving its
equipment, track, or other property which |
24 | | resulted in
loss of life to any person. In addition, such |
25 | | carriers
shall file a written report with the Commission.
|
26 | | Reports submitted under this paragraph shall be strictly
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1 | | confidential, shall be specifically prohibited from
|
2 | | disclosure, and shall not be admissible in any
|
3 | | administrative or judicial proceeding relating to the
|
4 | | accidents reported.
|
5 | | (b) Investigations.
The Commission may investigate all |
6 | | railroad accidents
reported to it or of which it acquires |
7 | | knowledge
independent of reports made by rail carriers, |
8 | | and shall
have the power, consistent with standards and
|
9 | | procedures established under the Federal Railroad Safety |
10 | | Act, as amended, to
enter such
temporary orders as will |
11 | | minimize the risk of future accidents pending notice,
|
12 | | hearing, and final action by the Commission.
|
13 | | (Source: P.A. 100-201, eff. 8-18-17; 101-294, eff. 1-1-20 .)
|
14 | | (625 ILCS 5/20-202) (from Ch. 95 1/2, par. 20-202)
|
15 | | Sec. 20-202. Act not retroactive. This Act shall not have |
16 | | a retroactive effect and shall not apply to
any traffic crash |
17 | | accident , to a cause of action arising out of a traffic
crash |
18 | | accident or judgment arising therefrom, or to any violation of |
19 | | the laws
of this State, occurring prior to the effective date |
20 | | of this Act.
|
21 | | (Source: P.A. 76-1586.)
|
22 | | (625 ILCS 5/20-205 new) |
23 | | Sec. 20-205. Use of current documents. A State agency may |
24 | | exhaust any copies of a form or document using "accident", in |
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1 | | relation to automobile accidents, motor vehicle accidents, and |
2 | | traffic accidents before printing copies of a new version of |
3 | | the form or document that uses "crash" pursuant to the changes |
4 | | made by this amendatory Act of the 102nd General Assembly.
|
5 | | Section 110. The Child Passenger Protection Act is amended |
6 | | by changing Section 2 as follows:
|
7 | | (625 ILCS 25/2) (from Ch. 95 1/2, par. 1102)
|
8 | | Sec. 2. Legislative Finding - Purpose. The General |
9 | | Assembly finds that
a substantial number of passengers under |
10 | | the age of 8 years riding in
motor
vehicles, which are most |
11 | | frequently operated by a parent, annually die or
sustain |
12 | | serious physical injury as a direct result of not being placed |
13 | | in
an appropriate child passenger restraint system.
Motor |
14 | | vehicle crashes are the leading cause of death for children
of |
15 | | every age from 4 to 14 years old.
The General Assembly further |
16 | | finds that
the safety of the motoring public is seriously |
17 | | threatened as indicated by
the significant number of traffic |
18 | | crashes accidents annually caused, directly or
indirectly, by |
19 | | driver distraction or other impairment of driving ability
|
20 | | induced by the movement or actions of unrestrained passengers |
21 | | under the age of
8 years.
|
22 | | It is the purpose of this Act to further protect the |
23 | | health, safety and
welfare of motor vehicle passengers under |
24 | | the age of 8 years and the
motoring
public through the proper |
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1 | | utilization of approved child restraint systems.
|
2 | | (Source: P.A. 93-100, eff. 1-1-04.)
|
3 | | Section 115. The Renter's Financial Responsibility and |
4 | | Protection Act is amended by changing Section 5 as follows:
|
5 | | (625 ILCS 27/5)
|
6 | | Sec. 5. Legislative findings. The General Assembly finds |
7 | | and declares
the
following:
|
8 | | (a) Amendments enacted in 1988 which limit negligent |
9 | | drivers' liability
for damage to vehicles rented from motor |
10 | | vehicle rental companies to $200 have
had the unintended, |
11 | | anti-consumer effect of unfairly transferring most of the
|
12 | | costs of liability for renters' negligence to car rental |
13 | | companies.
|
14 | | (b) This transfer of liability from negligent renters has |
15 | | forced
Illinois rental companies and dealers to experience |
16 | | significant financial
losses in the form of actual costs to |
17 | | repair, service, and replace vehicles and
loss of economic |
18 | | opportunity by being deprived of the rental use of damaged or
|
19 | | destroyed rental cars; as a result, many Illinois vehicle |
20 | | rental companies in
Illinois have been forced to close because |
21 | | of the current amendments, and high
risk to capital threatens |
22 | | to close existing companies; economic losses
have also |
23 | | resulted in Illinois renters paying daily and weekly vehicle |
24 | | rental
rates almost two-fold higher than renters in other |
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1 | | states, including those
states surrounding Illinois.
|
2 | | (c) As the vast majority of renters in Illinois are |
3 | | non-Illinois
residents, the increased damage costs of rental |
4 | | car companies and dealers are
absorbed and paid by all |
5 | | Illinois consumers and business.
|
6 | | (d) The current law also threatens the public safety of |
7 | | all Illinois
citizens as it has contributed to an almost |
8 | | three-fold increase in driver crash
accident and fatality |
9 | | rates in Illinois.
|
10 | | (Source: P.A. 90-113, eff. 7-14-97.)
|
11 | | Section 120. The Transportation Network Providers Act is |
12 | | amended by changing Section 10 as follows:
|
13 | | (625 ILCS 57/10) |
14 | | (Section scheduled to be repealed on January 1, 2023)
|
15 | | Sec. 10. Insurance. |
16 | | (a) Transportation network companies and participating TNC |
17 | | drivers shall comply with the automobile liability insurance |
18 | | requirements of this Section as required. |
19 | | (b) The following automobile liability insurance |
20 | | requirements shall apply from the moment a participating TNC |
21 | | driver logs on to the transportation network company's digital |
22 | | network or software application until the TNC driver accepts a |
23 | | request to transport a passenger, and from the moment the TNC |
24 | | driver completes the transaction on the digital network or |
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1 | | software application or the ride is complete, whichever is |
2 | | later, until the TNC driver either accepts another ride |
3 | | request on the digital network or software application or logs |
4 | | off the digital network or software application: |
5 | | (1) Automobile liability insurance shall be in the |
6 | | amount of at least $50,000 for death and personal injury |
7 | | per person, $100,000 for death and personal injury per |
8 | | incident, and $25,000 for property damage. |
9 | | (2) Contingent automobile liability insurance in the |
10 | | amounts required in paragraph (1) of this subsection (b) |
11 | | shall be maintained by a transportation network company |
12 | | and provide coverage in the event a participating TNC |
13 | | driver's own automobile liability policy excludes coverage |
14 | | according to its policy terms or does not provide at least |
15 | | the limits of coverage required in paragraph (1) of this |
16 | | subsection (b). |
17 | | (c) The following automobile liability insurance |
18 | | requirements shall apply from the moment a TNC driver accepts |
19 | | a ride request on the transportation network company's digital |
20 | | network or software application until the TNC driver completes |
21 | | the transaction on the digital network or software application |
22 | | or until the ride is complete, whichever is later:
|
23 | | (1) Automobile liability insurance shall be primary |
24 | | and in the amount of $1,000,000 for death, personal |
25 | | injury, and property damage. The requirements for the |
26 | | coverage required by this paragraph (1) may be satisfied |
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1 | | by any of the following:
|
2 | | (A) automobile liability insurance maintained by a |
3 | | participating TNC driver;
|
4 | | (B) automobile liability company insurance |
5 | | maintained by a transportation network company; or
|
6 | | (C) any combination of subparagraphs (A) and (B).
|
7 | | (2) Insurance coverage provided under this subsection |
8 | | (c) shall also provide for uninsured motorist coverage and |
9 | | underinsured motorist coverage in the amount of $50,000 |
10 | | from the moment a passenger enters the vehicle of a |
11 | | participating TNC driver until the passenger exits the |
12 | | vehicle.
|
13 | | (3) The insurer, in the case of insurance coverage |
14 | | provided under this subsection (c), shall have the duty to |
15 | | defend and indemnify the insured.
|
16 | | (4) Coverage under an automobile liability insurance |
17 | | policy required under this subsection (c) shall not be |
18 | | dependent on a personal automobile insurance policy first |
19 | | denying a claim nor shall a personal automobile insurance |
20 | | policy be required to first deny a claim. |
21 | | (d) In every instance when automobile liability insurance |
22 | | maintained by a participating TNC driver to fulfill the |
23 | | insurance obligations of this Section has lapsed or ceased to |
24 | | exist, the transportation network company shall provide the |
25 | | coverage required by this Section beginning with the first |
26 | | dollar of a claim. |
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1 | | (e) This Section shall not limit the liability of a |
2 | | transportation network company arising out of an automobile |
3 | | crash accident involving a participating TNC driver in any |
4 | | action for damages against a transportation network company |
5 | | for an amount above the required insurance coverage. |
6 | | (f) The transportation network company shall disclose in |
7 | | writing to TNC drivers, as part of its agreement with those TNC |
8 | | drivers, the following:
|
9 | | (1) the insurance coverage and limits of liability |
10 | | that the transportation network company provides while the |
11 | | TNC driver uses a vehicle in connection with a |
12 | | transportation network company's digital network or |
13 | | software application; and
|
14 | | (2) that the TNC driver's own insurance policy may not |
15 | | provide coverage while the TNC driver uses a vehicle in |
16 | | connection with a transportation network company digital |
17 | | network depending on its terms. |
18 | | (g) An insurance policy required by this Section may be |
19 | | placed with an admitted Illinois insurer, or with an |
20 | | authorized surplus line insurer under Section 445 of the |
21 | | Illinois Insurance Code; and is not subject to any restriction |
22 | | or limitation on the issuance of a policy contained in Section |
23 | | 445a of the Illinois Insurance Code. |
24 | | (h) Any insurance policy required by this Section shall |
25 | | satisfy the financial responsibility requirement for a motor |
26 | | vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle |
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1 | | Code.
|
2 | | (i) If a transportation network company's insurer makes a |
3 | | payment for a claim covered under comprehensive coverage or |
4 | | collision coverage, the transportation network company shall |
5 | | cause its insurer to issue the payment directly to the |
6 | | business repairing the vehicle, or jointly to the owner of the |
7 | | vehicle and the primary lienholder on the covered vehicle. |
8 | | (Source: Reenacted by P.A. 101-660, eff. 4-2-21 .)
|
9 | | Section 125. The Criminal Code of 2012 is amended by |
10 | | changing Sections 3-5, 12C-60, and 36-1 as follows:
|
11 | | (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
|
12 | | Sec. 3-5. General limitations. |
13 | | (a) A prosecution for: (1) first degree murder, attempt to |
14 | | commit first
degree
murder, second degree murder,
involuntary |
15 | | manslaughter, reckless homicide, a violation of subparagraph |
16 | | (F) of paragraph (1) of subsection (d) of Section 11-501 of the |
17 | | Illinois Vehicle Code for the offense of aggravated driving |
18 | | under the influence of alcohol, other drug or drugs, or |
19 | | intoxicating compound or compounds, or any combination thereof |
20 | | when the violation was a proximate cause of a death, leaving |
21 | | the scene of a motor vehicle crash accident involving death or |
22 | | personal injuries under Section 11-401 of the Illinois Vehicle |
23 | | Code, failing to give information and render aid under Section |
24 | | 11-403 of the Illinois Vehicle Code, concealment of homicidal
|
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1 | | death, treason, arson, residential arson, aggravated arson, |
2 | | forgery, child pornography under paragraph (1) of subsection |
3 | | (a) of Section 11-20.1, or aggravated child pornography under |
4 | | paragraph (1) of subsection (a) of Section 11-20.1B, or (2) |
5 | | any offense
involving sexual conduct or sexual penetration, as |
6 | | defined by
Section 11-0.1 of this Code may be commenced at any
|
7 | | time.
|
8 | | (a-5) A prosecution for theft of property exceeding |
9 | | $100,000 in value under Section 16-1, identity theft under |
10 | | subsection (a) of Section 16-30, aggravated identity theft |
11 | | under subsection (b) of Section 16-30, financial exploitation |
12 | | of an elderly person or a person with a disability under |
13 | | Section 17-56; theft by deception of a victim 60 years of age |
14 | | or older or a person with a disability under Section 16-1; or |
15 | | any offense set forth in Article 16H or Section 17-10.6 may be |
16 | | commenced within 7 years of the last act committed in |
17 | | furtherance of the crime. |
18 | | (b) Unless the statute describing the offense provides |
19 | | otherwise, or the
period of limitation is extended by Section |
20 | | 3-6, a prosecution for any
offense not designated in |
21 | | subsection (a) or (a-5) must be commenced within 3 years
after |
22 | | the commission of the offense if it is a felony, or within one |
23 | | year
and 6 months after its commission if it is a misdemeanor.
|
24 | | (Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22 .)
|
25 | | (720 ILCS 5/12C-60) |
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1 | | Sec. 12C-60. Curfew. |
2 | | (a) Curfew offenses. |
3 | | (1) A minor commits a curfew offense when he or she |
4 | | remains in any public place or on the premises of any |
5 | | establishment during curfew hours. |
6 | | (2) A parent or guardian of a minor or other person in |
7 | | custody or control of a minor commits a curfew offense |
8 | | when he or she knowingly permits the minor to remain in any |
9 | | public place or on the premises of any establishment |
10 | | during curfew hours. |
11 | | (b) Curfew defenses. It is a defense to prosecution under |
12 | | subsection (a) that the minor was: |
13 | | (1) accompanied by the minor's parent or guardian or |
14 | | other person in custody or control of the minor; |
15 | | (2) on an errand at the direction of the minor's |
16 | | parent or guardian, without any detour or stop; |
17 | | (3) in a motor vehicle involved in interstate travel; |
18 | | (4) engaged in an employment activity or going to or |
19 | | returning home from an employment activity, without any |
20 | | detour or stop; |
21 | | (5) involved in an emergency; |
22 | | (6) on the sidewalk abutting the minor's residence or |
23 | | abutting the residence of a next-door neighbor if the |
24 | | neighbor did not complain to the police department about |
25 | | the minor's presence; |
26 | | (7) attending an official school, religious, or other |
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1 | | recreational activity supervised by adults and sponsored |
2 | | by a government or governmental agency, a civic |
3 | | organization, or another similar entity that takes |
4 | | responsibility for the minor, or going to or returning |
5 | | home from, without any detour or stop, an official school, |
6 | | religious, or other recreational activity supervised by |
7 | | adults and sponsored by a government or governmental |
8 | | agency, a civic organization, or another similar entity |
9 | | that takes responsibility for the minor; |
10 | | (8) exercising First Amendment rights protected by the |
11 | | United States Constitution, such as the free exercise of |
12 | | religion, freedom of speech, and the right of assembly; or |
13 | | (9) married or had been married or is an emancipated |
14 | | minor under the Emancipation of Minors Act. |
15 | | (c) Enforcement. Before taking any enforcement action |
16 | | under this Section, a law enforcement officer shall ask the |
17 | | apparent offender's age and reason for being in the public |
18 | | place. The officer shall not issue a citation or make an arrest |
19 | | under this Section unless the officer reasonably believes that |
20 | | an offense has occurred and that, based on any response and |
21 | | other circumstances, no defense in subsection (b) is present.
|
22 | | (d) Definitions. In this Section: |
23 | | (1) "Curfew hours" means: |
24 | | (A) Between 12:01 a.m. and 6:00 a.m. on Saturday; |
25 | | (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; |
26 | | and |
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1 | | (C) Between 11:00 p.m. on Sunday to Thursday, |
2 | | inclusive, and 6:00 a.m. on the following day. |
3 | | (2) "Emergency" means an unforeseen combination of |
4 | | circumstances or the resulting state that calls for |
5 | | immediate action. The term includes, but is not limited |
6 | | to, a fire, a natural disaster, an automobile crash |
7 | | accident , or any situation requiring immediate action to |
8 | | prevent serious bodily injury or loss of life. |
9 | | (3) "Establishment" means any privately-owned place of
|
10 | | business operated for a profit to which the public is
|
11 | | invited, including, but not limited to, any place of |
12 | | amusement
or entertainment.
|
13 | | (4) "Guardian" means: |
14 | | (A) a person who, under court order, is the |
15 | | guardian of the person of a minor; or |
16 | | (B) a public or private agency with whom a minor |
17 | | has been placed by a court. |
18 | | (5) "Minor" means any person under 17 years of age. |
19 | | (6) "Parent" means a person who is: |
20 | | (A) a natural parent, adoptive parent, or |
21 | | step-parent of another person; or |
22 | | (B) at least 18 years of age and authorized by a |
23 | | parent or guardian to have the care and custody of a |
24 | | minor. |
25 | | (7) "Public place" means any place to which the public |
26 | | or a substantial group of the public has access and |
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1 | | includes, but is not limited to, streets, highways, and |
2 | | the common areas of schools, hospitals, apartment houses, |
3 | | office buildings, transport facilities, and shops. |
4 | | (8) "Remain" means to: |
5 | | (A) linger or stay; or |
6 | | (B) fail to leave premises when requested to do so |
7 | | by a police officer or the owner, operator, or other |
8 | | person in control of the premises. |
9 | | (9) "Serious bodily injury" means bodily injury that |
10 | | creates a substantial risk of death or that causes death, |
11 | | serious permanent disfigurement, or protracted loss or |
12 | | impairment of the function of any bodily member or organ. |
13 | | (e) Sentence. A violation of this Section
is a petty |
14 | | offense with a fine of not less than
$10 nor
more than $500, |
15 | | except that neither a person who has been made a ward of the
|
16 | | court under the Juvenile Court Act of 1987, nor that person's |
17 | | legal guardian,
shall be subject to any fine. In addition to or |
18 | | instead of the
fine imposed
by this Section, the court may |
19 | | order a parent, legal guardian, or other person
convicted of a |
20 | | violation of subsection (a) of this
Section to perform |
21 | | community service as determined by the court, except that
the |
22 | | legal guardian of a person who has been made a ward of the |
23 | | court under the
Juvenile Court Act of 1987 may not be ordered |
24 | | to perform community service.
The dates and
times established |
25 | | for the performance of community service by the parent, legal
|
26 | | guardian, or other person convicted of a violation of |
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1 | | subsection (a) of this
Section shall not conflict with the |
2 | | dates and times that the person is
employed in his or her |
3 | | regular occupation. |
4 | | (f) County, municipal and other local boards and bodies |
5 | | authorized to
adopt local police laws and regulations under |
6 | | the constitution and laws of
this State may exercise |
7 | | legislative or regulatory authority over this
subject matter |
8 | | by ordinance or resolution incorporating the substance of
this |
9 | | Section or increasing the requirements thereof or otherwise |
10 | | not in
conflict with this Section.
|
11 | | (Source: P.A. 97-1109, eff. 1-1-13.)
|
12 | | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
|
13 | | Sec. 36-1. Property subject to forfeiture. |
14 | | (a) Any vessel or watercraft, vehicle, or aircraft is |
15 | | subject to forfeiture under this Article if the vessel or |
16 | | watercraft, vehicle, or aircraft is used with the knowledge
|
17 | | and consent of the owner in the commission of or in the attempt |
18 | | to commit as
defined in Section 8-4 of this Code: |
19 | | (1) an offense prohibited by Section 9-1 (first degree |
20 | | murder), Section
9-3 (involuntary manslaughter and |
21 | | reckless homicide), Section
10-2 (aggravated kidnaping), |
22 | | Section 11-1.20 (criminal sexual assault), Section 11-1.30 |
23 | | (aggravated criminal sexual assault), Section 11-1.40 |
24 | | (predatory criminal sexual assault of a child), subsection |
25 | | (a) of Section 11-1.50 (criminal sexual abuse), subsection |
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1 | | (a), (c), or (d) of Section 11-1.60 (aggravated criminal |
2 | | sexual abuse), Section 11-6 (indecent solicitation of a |
3 | | child), Section 11-14.4 (promoting juvenile prostitution |
4 | | except for keeping a place of juvenile prostitution), |
5 | | Section 11-20.1 (child pornography), paragraph (a)(1), |
6 | | (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), |
7 | | (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 |
8 | | (aggravated battery), Section
12-7.3 (stalking), Section |
9 | | 12-7.4 (aggravated stalking), Section
16-1 (theft if the |
10 | | theft is of precious metal or of scrap metal), subdivision |
11 | | (f)(2) or (f)(3) of Section 16-25 (retail theft), Section |
12 | | 18-2 (armed robbery), Section 19-1 (burglary), Section |
13 | | 19-2 (possession of burglary tools), Section 19-3 |
14 | | (residential burglary), Section 20-1 (arson; residential |
15 | | arson; place of worship arson), Section 20-2 (possession |
16 | | of explosives or explosive or incendiary devices), |
17 | | subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use |
18 | | of weapons), Section
24-1.2 (aggravated discharge of a |
19 | | firearm), Section
24-1.2-5 (aggravated discharge of a |
20 | | machine gun or a firearm equipped with a device designed |
21 | | or used for silencing the report of a firearm), Section
|
22 | | 24-1.5 (reckless discharge of a firearm), Section 28-1 |
23 | | (gambling), or Section 29D-15.2 (possession of a deadly |
24 | | substance) of this Code; |
25 | | (2) an offense prohibited by Section 21, 22, 23, 24 or |
26 | | 26 of the Cigarette Tax
Act if the vessel or watercraft, |
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1 | | vehicle, or aircraft contains more than 10 cartons of
such |
2 | | cigarettes; |
3 | | (3) an offense prohibited by Section 28, 29, or 30 of |
4 | | the Cigarette Use Tax Act if
the vessel or watercraft, |
5 | | vehicle, or aircraft contains more than 10 cartons of such
|
6 | | cigarettes; |
7 | | (4) an offense prohibited by Section 44 of the |
8 | | Environmental Protection Act; |
9 | | (5) an offense prohibited by
Section 11-204.1
of the |
10 | | Illinois Vehicle Code (aggravated fleeing or attempting to |
11 | | elude a peace officer); |
12 | | (6) an offense prohibited by Section 11-501 of the |
13 | | Illinois Vehicle Code (driving while under the influence |
14 | | of alcohol or other drug or drugs, intoxicating compound |
15 | | or compounds or any combination thereof) or a similar |
16 | | provision of a local ordinance, and: |
17 | | (A) during a period in which his
or her driving |
18 | | privileges are revoked or suspended if
the revocation |
19 | | or suspension was for: |
20 | | (i) Section 11-501 (driving under the |
21 | | influence of alcohol or other drug or drugs, |
22 | | intoxicating compound or compounds or any
|
23 | | combination thereof), |
24 | | (ii) Section 11-501.1 (statutory summary |
25 | | suspension or revocation), |
26 | | (iii) paragraph (b) of Section
11-401 (motor |
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1 | | vehicle crashes accidents involving death or |
2 | | personal injuries), or |
3 | | (iv) reckless homicide as defined in Section |
4 | | 9-3
of this Code; |
5 | | (B) has been previously convicted of reckless |
6 | | homicide or a similar provision of a law of another |
7 | | state relating to reckless homicide in which the |
8 | | person was determined to have been under the influence |
9 | | of alcohol, other drug or drugs, or intoxicating |
10 | | compound or compounds as an element of the offense or |
11 | | the person has previously been convicted of committing |
12 | | a violation of
driving under the influence of alcohol |
13 | | or other drug or drugs, intoxicating compound or |
14 | | compounds or any
combination thereof and was involved |
15 | | in a motor vehicle crash accident that resulted in |
16 | | death, great bodily harm, or permanent disability or |
17 | | disfigurement to another, when the violation was a |
18 | | proximate cause of the death or injuries; |
19 | | (C) the person committed a violation of driving |
20 | | under the influence of alcohol or other drug or drugs, |
21 | | intoxicating compound or compounds or any
combination |
22 | | thereof under Section 11-501 of the Illinois Vehicle |
23 | | Code or a similar provision for the third or |
24 | | subsequent
time; |
25 | | (D) he
or she did not possess a valid driver's |
26 | | license or permit or a valid restricted driving permit |
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1 | | or a valid judicial driving permit or a valid |
2 | | monitoring device driving permit; or |
3 | | (E) he or she knew or should have known that the |
4 | | vehicle he or she was driving was not covered by a |
5 | | liability insurance policy; |
6 | | (7) an offense described in subsection (g) of Section |
7 | | 6-303 of the
Illinois Vehicle Code; |
8 | | (8) an offense described in subsection (e) of
Section |
9 | | 6-101 of the Illinois Vehicle Code; or |
10 | | (9)(A) operating a watercraft under the influence of |
11 | | alcohol, other drug or drugs, intoxicating compound or |
12 | | compounds, or combination thereof under Section 5-16 of |
13 | | the Boat Registration and Safety Act during a period in |
14 | | which his or her privileges to operate a watercraft are |
15 | | revoked or suspended and the revocation or suspension was |
16 | | for operating a watercraft under the influence of alcohol, |
17 | | other drug or drugs, intoxicating compound or compounds, |
18 | | or combination thereof; (B) operating a watercraft under |
19 | | the influence of alcohol, other drug or drugs, |
20 | | intoxicating compound or compounds, or combination thereof |
21 | | and has been previously convicted of reckless homicide or |
22 | | a similar provision of a law in another state relating to |
23 | | reckless homicide in which the person was determined to |
24 | | have been under the influence of alcohol, other drug or |
25 | | drugs, intoxicating compound or compounds, or combination |
26 | | thereof as an element of the offense or the person has |
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1 | | previously been convicted of committing a violation of |
2 | | operating a watercraft under the influence of alcohol, |
3 | | other drug or drugs, intoxicating compound or compounds, |
4 | | or combination thereof and was involved in an accident |
5 | | that resulted in death, great bodily harm, or permanent |
6 | | disability or disfigurement to another, when the violation |
7 | | was a proximate cause of the death or injuries; or (C) the |
8 | | person committed a violation of operating a watercraft |
9 | | under the influence of alcohol, other drug or drugs, |
10 | | intoxicating compound or compounds, or combination thereof |
11 | | under Section 5-16 of the Boat Registration and Safety Act |
12 | | or a similar provision for the third or subsequent time.
|
13 | | (b) In addition, any mobile or portable equipment used in |
14 | | the commission of an
act which is in violation of Section 7g of |
15 | | the Metropolitan Water Reclamation
District Act shall be |
16 | | subject to seizure and forfeiture under the same
procedures |
17 | | provided in this Article for the seizure and forfeiture of |
18 | | vessels or watercraft,
vehicles, and aircraft, and any such |
19 | | equipment shall be deemed a vessel or watercraft, vehicle,
or |
20 | | aircraft for purposes of this Article.
|
21 | | (c) In addition, when a person discharges a firearm at |
22 | | another individual from a vehicle with
the knowledge and |
23 | | consent of the owner of the vehicle and with the intent to
|
24 | | cause death or great bodily harm to that individual and as a |
25 | | result causes
death or great bodily harm to that individual, |
26 | | the vehicle shall be subject to
seizure and forfeiture under |
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1 | | the same procedures provided in this Article for
the seizure |
2 | | and forfeiture of vehicles used in violations of clauses (1), |
3 | | (2), (3), or (4) of subsection (a) of this Section.
|
4 | | (d) If the spouse of the owner of a vehicle seized for
an |
5 | | offense described in subsection (g) of Section 6-303 of the
|
6 | | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), |
7 | | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section |
8 | | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
|
9 | | Code makes a showing
that the seized vehicle is the only source |
10 | | of transportation and it is
determined that the financial |
11 | | hardship to the family as a result of the seizure
outweighs the |
12 | | benefit to the State from the seizure, the vehicle may be
|
13 | | forfeited to the spouse or family member and the title to the |
14 | | vehicle shall be
transferred to the spouse or family member |
15 | | who is properly licensed and who
requires the use of the |
16 | | vehicle for employment or family transportation
purposes. A |
17 | | written declaration of forfeiture of a vehicle under this
|
18 | | Section shall be sufficient cause for the title to be |
19 | | transferred to the spouse
or family member. The provisions of |
20 | | this paragraph shall apply only to one
forfeiture per vehicle. |
21 | | If the vehicle is the subject of a subsequent
forfeiture |
22 | | proceeding by virtue of a subsequent conviction of either |
23 | | spouse or
the family member, the spouse or family member to |
24 | | whom the vehicle was
forfeited under the first forfeiture |
25 | | proceeding may not utilize the
provisions of this paragraph in |
26 | | another forfeiture proceeding. If the owner of
the vehicle |
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1 | | seized owns more than one vehicle,
the procedure set out in |
2 | | this paragraph may be used for only one vehicle.
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3 | | (e) In addition, property subject to forfeiture under |
4 | | Section 40 of the Illinois Streetgang
Terrorism Omnibus |
5 | | Prevention Act may be seized and forfeited under this
Article.
|
6 | | (Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18 .)
|
7 | | Section 130. The Code of Criminal Procedure of 1963 is |
8 | | amended by changing Section 102-7.1 as follows:
|
9 | | (725 ILCS 5/102-7.1) |
10 | | Sec. 102-7.1. "Category A offense". "Category A offense" |
11 | | means a Class 1 felony, Class 2 felony, Class X felony, first |
12 | | degree murder, a violation of Section 11-204 of the Illinois |
13 | | Vehicle Code, a second or subsequent violation of Section |
14 | | 11-501 of the Illinois Vehicle Code, a violation of subsection |
15 | | (d) of Section 11-501 of the Illinois Vehicle Code, a |
16 | | violation of Section 11-401 of the Illinois Vehicle Code if |
17 | | the crash accident results in injury and the person failed to |
18 | | report the crash accident within 30 minutes, a violation of |
19 | | Section 9-3, 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, |
20 | | 11-23.5, 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, |
21 | | 12-5, 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, |
22 | | 24-1.5, 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of |
23 | | 2012, a second or subsequent violation of 12-3.2 or 12-3.4 of |
24 | | the Criminal Code of 2012, a violation of paragraph (5) or (6) |
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1 | | of subsection (b) of Section 10-9 of the Criminal Code of 2012, |
2 | | a violation of subsection (b) or (c) or paragraph (1) or (2) of |
3 | | subsection (a) of Section 11-1.50 of the Criminal Code of |
4 | | 2012, a violation of Section 12-7 of the Criminal Code of 2012 |
5 | | if the defendant inflicts bodily harm on the victim to obtain a |
6 | | confession, statement, or information, a violation of Section |
7 | | 12-7.5 of the Criminal Code of 2012 if the action results in |
8 | | bodily harm, a violation of paragraph (3) of subsection (b) of |
9 | | Section 17-2 of the Criminal Code of 2012, a violation of |
10 | | subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of |
11 | | 2012, a violation of paragraph (6) of subsection (a) of |
12 | | Section 24-1 of the Criminal Code of 2012, a first violation of |
13 | | Section 24-1.6 of the Criminal Code of 2012 by a person 18 |
14 | | years of age or older where the factors listed in both items |
15 | | (A) and (C) or both items (A-5) and (C) of paragraph (3) of |
16 | | subsection (a) of Section 24-1.6 of the Criminal Code of 2012 |
17 | | are present, a Class 3 felony violation of paragraph (1) of
|
18 | | subsection (a) of Section 2 of the Firearm Owners |
19 | | Identification Card Act, or a violation of Section 10 of the |
20 | | Sex Offender Registration Act.
|
21 | | (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19 .)
|
22 | | Section 135. The Rights of Crime Victims and Witnesses Act |
23 | | is amended by changing Section 3 as follows:
|
24 | | (725 ILCS 120/3) (from Ch. 38, par. 1403)
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1 | | Sec. 3. The terms used in this Act shall have the following |
2 | | meanings:
|
3 | | (a) "Crime victim" or "victim" means: (1) any natural |
4 | | person determined by the prosecutor or the court to have |
5 | | suffered direct physical or psychological harm as a result of |
6 | | a violent crime perpetrated or attempted against that person |
7 | | or direct physical or psychological harm as a result of (i) a |
8 | | violation of Section 11-501 of the Illinois Vehicle Code or |
9 | | similar provision of a local ordinance or (ii) a violation of |
10 | | Section 9-3 of the Criminal Code of 1961 or the Criminal Code |
11 | | of 2012; (2) in the case of a crime victim who is under 18 |
12 | | years of age or an adult victim who is incompetent or |
13 | | incapacitated, both parents, legal guardians, foster parents, |
14 | | or a single adult representative; (3) in the case of an adult |
15 | | deceased victim, 2 representatives who may be the spouse, |
16 | | parent, child or sibling of the victim, or the representative |
17 | | of the victim's estate; and (4) an immediate family member of a |
18 | | victim under clause (1) of this paragraph (a) chosen by the |
19 | | victim. If the victim is 18 years of age or over, the victim |
20 | | may choose any person to be the victim's representative. In no |
21 | | event shall the defendant or any person who aided and abetted |
22 | | in the commission of the crime be considered a victim, a crime |
23 | | victim, or a representative of the victim. |
24 | | A board, agency, or other governmental entity making |
25 | | decisions regarding an offender's release, sentence reduction, |
26 | | or clemency can determine additional persons are victims for |
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1 | | the purpose of its proceedings.
|
2 | | (a-3) "Advocate" means a person whose communications with |
3 | | the victim are privileged under Section 8-802.1 or 8-802.2 of |
4 | | the Code of Civil Procedure, or Section 227 of the Illinois |
5 | | Domestic Violence Act of 1986. |
6 | | (a-5) "Confer" means to consult together, share |
7 | | information, compare opinions and carry on a discussion or |
8 | | deliberation. |
9 | | (a-7) "Sentence" includes, but is not limited to, the |
10 | | imposition of sentence, a request for a reduction in sentence, |
11 | | parole, mandatory supervised release, aftercare release, early |
12 | | release, inpatient treatment, outpatient treatment, |
13 | | conditional release after a finding that the defendant is not |
14 | | guilty by reason of insanity, clemency, or a proposal that |
15 | | would reduce the defendant's sentence or result in the |
16 | | defendant's release. "Early release" refers to a discretionary |
17 | | release. |
18 | | (a-9) "Sentencing" includes, but is not limited to, the |
19 | | imposition of sentence and a request for a reduction in |
20 | | sentence, parole, mandatory supervised release, aftercare |
21 | | release, early release, consideration of inpatient treatment |
22 | | or outpatient treatment, or conditional release after a |
23 | | finding that the defendant is not guilty by reason of |
24 | | insanity. |
25 | | (a-10) "Status hearing" means a hearing designed to |
26 | | provide information to the court, at which no motion of a |
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1 | | substantive nature and no constitutional or statutory right of |
2 | | a crime victim is implicated or at issue. |
3 | | (b) "Witness" means: any person who personally observed |
4 | | the commission of
a crime and who will testify on behalf of the |
5 | | State of Illinois; or a person who will be called by the |
6 | | prosecution to give testimony establishing a necessary nexus |
7 | | between the offender and the violent crime.
|
8 | | (c) "Violent crime" means: (1) any felony in which force |
9 | | or threat of force was
used against the victim; (2) any offense |
10 | | involving sexual exploitation, sexual
conduct, or sexual |
11 | | penetration; (3) a violation of Section 11-20.1, 11-20.1B, |
12 | | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the |
13 | | Criminal Code of 2012; (4) domestic battery or stalking; (5) |
14 | | violation of an order of
protection, a civil no contact order, |
15 | | or a stalking no contact order; (6) any misdemeanor which |
16 | | results in death or great bodily
harm to the victim; or (7) any |
17 | | violation of Section 9-3 of the Criminal Code of
1961 or the |
18 | | Criminal Code of 2012, or Section 11-501 of the Illinois |
19 | | Vehicle
Code, or a similar provision of a local ordinance, if |
20 | | the violation resulted
in personal injury or death. "Violent |
21 | | crime" includes any action committed by a juvenile
that would |
22 | | be a violent crime if committed by an adult. For the purposes |
23 | | of
this paragraph, "personal injury" shall include any Type A |
24 | | injury as indicated
on the traffic crash accident report |
25 | | completed by a law enforcement officer that
requires immediate |
26 | | professional attention in either a doctor's office or
medical |
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1 | | facility. A type A injury shall include severely bleeding |
2 | | wounds,
distorted extremities, and injuries that require the |
3 | | injured party to be
carried from the scene.
|
4 | | (d) (Blank).
|
5 | | (e) "Court proceedings" includes, but is not limited to, |
6 | | the preliminary hearing, any post-arraignment hearing the
|
7 | | effect of which may be the release of the defendant from |
8 | | custody or to alter
the conditions of bond, change of plea |
9 | | hearing, the trial, any pretrial or post-trial hearing, |
10 | | sentencing, any oral argument or hearing before an Illinois |
11 | | appellate court, any hearing under the Mental Health and |
12 | | Developmental Disabilities Code or Section 5-2-4 of the |
13 | | Unified Code of Corrections after a finding that the defendant |
14 | | is not guilty by reason of insanity, including a hearing for |
15 | | conditional release, any
hearing related to a modification of |
16 | | sentence, probation revocation hearing, aftercare release or |
17 | | parole hearings, post-conviction relief proceedings, habeas |
18 | | corpus proceedings and clemency proceedings related to the |
19 | | defendant's conviction or sentence. For purposes of the |
20 | | victim's right to be present, "court proceedings" does not |
21 | | include (1) hearings under Section 109-1 of the Code of |
22 | | Criminal Procedure of 1963, (2) grand jury proceedings, (3) |
23 | | status hearings, or (4) the issuance of an order or decision of |
24 | | an Illinois court that dismisses a charge, reverses a |
25 | | conviction, reduces a sentence, or releases an offender under |
26 | | a court rule.
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1 | | (f) "Concerned citizen"
includes relatives of the victim, |
2 | | friends of the victim, witnesses to the
crime, or any other |
3 | | person associated with the victim or prisoner. |
4 | | (g) "Victim's attorney" means an attorney retained by the |
5 | | victim for the purposes of asserting the victim's |
6 | | constitutional and statutory rights. An attorney retained by |
7 | | the victim means an attorney who is hired to represent the |
8 | | victim at the victim's expense or an attorney who has agreed to |
9 | | provide pro bono representation. Nothing in this statute |
10 | | creates a right to counsel at public expense for a victim. |
11 | | (h) "Support person" means a person chosen by a victim to |
12 | | be present at court proceedings. |
13 | | (Source: P.A. 99-143, eff. 7-27-15; 99-413, eff. 8-20-15; |
14 | | 99-642, eff. 7-28-16; 99-671, eff. 1-1-17; 100-961, eff. |
15 | | 1-1-19 .)
|
16 | | Section 140. The Unified Code of Corrections is amended by |
17 | | changing Sections 5-5-3.2 and 5-8-4 as follows:
|
18 | | (730 ILCS 5/5-5-3.2)
|
19 | | (Text of Section before amendment by P.A. 101-652 ) |
20 | | Sec. 5-5-3.2. Factors in aggravation and extended-term |
21 | | sentencing.
|
22 | | (a) The following factors shall be accorded weight in |
23 | | favor of
imposing a term of imprisonment or may be considered |
24 | | by the court as reasons
to impose a more severe sentence under |
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1 | | Section 5-8-1 or Article 4.5 of Chapter V:
|
2 | | (1) the defendant's conduct caused or threatened |
3 | | serious harm;
|
4 | | (2) the defendant received compensation for committing |
5 | | the offense;
|
6 | | (3) the defendant has a history of prior delinquency |
7 | | or criminal activity;
|
8 | | (4) the defendant, by the duties of his office or by |
9 | | his position,
was obliged to prevent the particular |
10 | | offense committed or to bring
the offenders committing it |
11 | | to justice;
|
12 | | (5) the defendant held public office at the time of |
13 | | the offense,
and the offense related to the conduct of |
14 | | that office;
|
15 | | (6) the defendant utilized his professional reputation |
16 | | or
position in the community to commit the offense, or to |
17 | | afford
him an easier means of committing it;
|
18 | | (7) the sentence is necessary to deter others from |
19 | | committing
the same crime;
|
20 | | (8) the defendant committed the offense against a |
21 | | person 60 years of age
or older or such person's property;
|
22 | | (9) the defendant committed the offense against a |
23 | | person who has a physical disability or such person's |
24 | | property;
|
25 | | (10) by reason of another individual's actual or |
26 | | perceived race, color,
creed, religion, ancestry, gender, |
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1 | | sexual orientation, physical or mental
disability, or |
2 | | national origin, the defendant committed the offense |
3 | | against (i)
the person or property
of that individual; |
4 | | (ii) the person or property of a person who has an
|
5 | | association with, is married to, or has a friendship with |
6 | | the other individual;
or (iii) the person or property of a |
7 | | relative (by blood or marriage) of a
person described in |
8 | | clause (i) or (ii). For the purposes of this Section,
|
9 | | "sexual orientation" has the meaning ascribed to it in |
10 | | paragraph (O-1) of Section 1-103 of the Illinois Human |
11 | | Rights Act;
|
12 | | (11) the offense took place in a place of worship or on |
13 | | the
grounds of a place of worship, immediately prior to, |
14 | | during or immediately
following worship services. For |
15 | | purposes of this subparagraph, "place of
worship" shall |
16 | | mean any church, synagogue or other building, structure or
|
17 | | place used primarily for religious worship;
|
18 | | (12) the defendant was convicted of a felony committed |
19 | | while he was
released on bail or his own recognizance |
20 | | pending trial for a prior felony
and was convicted of such |
21 | | prior felony, or the defendant was convicted of a
felony |
22 | | committed while he was serving a period of probation,
|
23 | | conditional discharge, or mandatory supervised release |
24 | | under subsection (d)
of Section 5-8-1
for a prior felony;
|
25 | | (13) the defendant committed or attempted to commit a |
26 | | felony while he
was wearing a bulletproof vest. For the |
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1 | | purposes of this paragraph (13), a
bulletproof vest is any |
2 | | device which is designed for the purpose of
protecting the |
3 | | wearer from bullets, shot or other lethal projectiles;
|
4 | | (14) the defendant held a position of trust or |
5 | | supervision such as, but
not limited to, family member as |
6 | | defined in Section 11-0.1 of the Criminal Code
of 2012, |
7 | | teacher, scout leader, baby sitter, or day care worker, in
|
8 | | relation to a victim under 18 years of age, and the |
9 | | defendant committed an
offense in violation of Section |
10 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
11 | | 11-14.4 except for an offense that involves keeping a |
12 | | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
13 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
14 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code |
15 | | of 2012
against
that victim;
|
16 | | (15) the defendant committed an offense related to the |
17 | | activities of an
organized gang. For the purposes of this |
18 | | factor, "organized gang" has the
meaning ascribed to it in |
19 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention |
20 | | Act;
|
21 | | (16) the defendant committed an offense in violation |
22 | | of one of the
following Sections while in a school, |
23 | | regardless of the time of day or time of
year; on any |
24 | | conveyance owned, leased, or contracted by a school to |
25 | | transport
students to or from school or a school related |
26 | | activity; on the real property
of a school; or on a public |
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1 | | way within 1,000 feet of the real property
comprising any |
2 | | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, |
3 | | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, |
4 | | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, |
5 | | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, |
6 | | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except |
7 | | for subdivision (a)(4) or (g)(1), of the Criminal Code of
|
8 | | 1961 or the Criminal Code of 2012;
|
9 | | (16.5) the defendant committed an offense in violation |
10 | | of one of the
following Sections while in a day care |
11 | | center, regardless of the time of day or
time of year; on |
12 | | the real property of a day care center, regardless of the |
13 | | time
of day or time of year; or on a public
way within |
14 | | 1,000 feet of the real property comprising any day care |
15 | | center,
regardless of the time of day or time of year:
|
16 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
17 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
18 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
19 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
20 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
21 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
22 | | Criminal Code of 2012;
|
23 | | (17) the defendant committed the offense by reason of |
24 | | any person's
activity as a community policing volunteer or |
25 | | to prevent any person from
engaging in activity as a |
26 | | community policing volunteer. For the purpose of
this |
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1 | | Section, "community policing volunteer" has the meaning |
2 | | ascribed to it in
Section 2-3.5 of the Criminal Code of |
3 | | 2012;
|
4 | | (18) the defendant committed the offense in a nursing |
5 | | home or on the
real
property comprising a nursing home. |
6 | | For the purposes of this paragraph (18),
"nursing home" |
7 | | means a skilled nursing
or intermediate long term care |
8 | | facility that is subject to license by the
Illinois |
9 | | Department of Public Health under the Nursing Home Care
|
10 | | Act, the Specialized Mental Health Rehabilitation Act of |
11 | | 2013, the ID/DD Community Care Act, or the MC/DD Act;
|
12 | | (19) the defendant was a federally licensed firearm |
13 | | dealer
and
was
previously convicted of a violation of |
14 | | subsection (a) of Section 3 of the
Firearm Owners |
15 | | Identification Card Act and has now committed either a |
16 | | felony
violation
of the Firearm Owners Identification Card |
17 | | Act or an act of armed violence while
armed
with a firearm; |
18 | | (20) the defendant (i) committed the offense of |
19 | | reckless homicide under Section 9-3 of the Criminal Code |
20 | | of 1961 or the Criminal Code of 2012 or the offense of |
21 | | driving under the influence of alcohol, other drug or
|
22 | | drugs, intoxicating compound or compounds or any |
23 | | combination thereof under Section 11-501 of the Illinois |
24 | | Vehicle Code or a similar provision of a local ordinance |
25 | | and (ii) was operating a motor vehicle in excess of 20 |
26 | | miles per hour over the posted speed limit as provided in |
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1 | | Article VI of Chapter 11 of the Illinois Vehicle Code;
|
2 | | (21) the defendant (i) committed the offense of |
3 | | reckless driving or aggravated reckless driving under |
4 | | Section 11-503 of the Illinois Vehicle Code and (ii) was |
5 | | operating a motor vehicle in excess of 20 miles per hour |
6 | | over the posted speed limit as provided in Article VI of |
7 | | Chapter 11 of the Illinois Vehicle Code; |
8 | | (22) the defendant committed the offense against a |
9 | | person that the defendant knew, or reasonably should have |
10 | | known, was a member of the Armed Forces of the United |
11 | | States serving on active duty. For purposes of this clause |
12 | | (22), the term "Armed Forces" means any of the Armed |
13 | | Forces of the United States, including a member of any |
14 | | reserve component thereof or National Guard unit called to |
15 | | active duty;
|
16 | | (23)
the defendant committed the offense against a |
17 | | person who was elderly or infirm or who was a person with a |
18 | | disability by taking advantage of a family or fiduciary |
19 | | relationship with the elderly or infirm person or person |
20 | | with a disability;
|
21 | | (24)
the defendant committed any offense under Section |
22 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code |
23 | | of 2012 and possessed 100 or more images;
|
24 | | (25) the defendant committed the offense while the |
25 | | defendant or the victim was in a train, bus, or other |
26 | | vehicle used for public transportation; |
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1 | | (26) the defendant committed the offense of child |
2 | | pornography or aggravated child pornography, specifically |
3 | | including paragraph (1), (2), (3), (4), (5), or (7) of |
4 | | subsection (a) of Section 11-20.1 of the Criminal Code of |
5 | | 1961 or the Criminal Code of 2012 where a child engaged in, |
6 | | solicited for, depicted in, or posed in any act of sexual |
7 | | penetration or bound, fettered, or subject to sadistic, |
8 | | masochistic, or sadomasochistic abuse in a sexual context |
9 | | and specifically including paragraph (1), (2), (3), (4), |
10 | | (5), or (7) of subsection (a) of Section 11-20.1B or |
11 | | Section 11-20.3 of the Criminal Code of 1961 where a child |
12 | | engaged in, solicited for, depicted in, or posed in any |
13 | | act of sexual penetration or bound, fettered, or subject |
14 | | to sadistic, masochistic, or sadomasochistic abuse in a |
15 | | sexual context; |
16 | | (27) the defendant committed the offense of first |
17 | | degree murder, assault, aggravated assault, battery, |
18 | | aggravated battery, robbery, armed robbery, or aggravated |
19 | | robbery against a person who was a veteran and the |
20 | | defendant knew, or reasonably should have known, that the |
21 | | person was a veteran performing duties as a representative |
22 | | of a veterans' organization. For the purposes of this |
23 | | paragraph (27), "veteran" means an Illinois resident who |
24 | | has served as a member of the United States Armed Forces, a |
25 | | member of the Illinois National Guard, or a member of the |
26 | | United States Reserve Forces; and "veterans' organization" |
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1 | | means an organization comprised of members of
which |
2 | | substantially all are individuals who are veterans or |
3 | | spouses,
widows, or widowers of veterans, the primary |
4 | | purpose of which is to
promote the welfare of its members |
5 | | and to provide assistance to the general
public in such a |
6 | | way as to confer a public benefit; |
7 | | (28) the defendant committed the offense of assault, |
8 | | aggravated assault, battery, aggravated battery, robbery, |
9 | | armed robbery, or aggravated robbery against a person that |
10 | | the defendant knew or reasonably should have known was a |
11 | | letter carrier or postal worker while that person was |
12 | | performing his or her duties delivering mail for the |
13 | | United States Postal Service; |
14 | | (29) the defendant committed the offense of criminal |
15 | | sexual assault, aggravated criminal sexual assault, |
16 | | criminal sexual abuse, or aggravated criminal sexual abuse |
17 | | against a victim with an intellectual disability, and the |
18 | | defendant holds a position of trust, authority, or |
19 | | supervision in relation to the victim; |
20 | | (30) the defendant committed the offense of promoting |
21 | | juvenile prostitution, patronizing a prostitute, or |
22 | | patronizing a minor engaged in prostitution and at the |
23 | | time of the commission of the offense knew that the |
24 | | prostitute or minor engaged in prostitution was in the |
25 | | custody or guardianship of the Department of Children and |
26 | | Family Services; |
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1 | | (31) the defendant (i) committed the offense of |
2 | | driving while under the influence of alcohol, other drug |
3 | | or drugs, intoxicating compound or compounds or any |
4 | | combination thereof in violation of Section 11-501 of the |
5 | | Illinois Vehicle Code or a similar provision of a local |
6 | | ordinance and (ii) the defendant during the commission of |
7 | | the offense was driving his or her vehicle upon a roadway |
8 | | designated for one-way traffic in the opposite direction |
9 | | of the direction indicated by official traffic control |
10 | | devices; |
11 | | (32) the defendant committed the offense of reckless |
12 | | homicide while committing a violation of Section 11-907 of |
13 | | the Illinois Vehicle Code; |
14 | | (33) the defendant was found guilty of an |
15 | | administrative infraction related to an act or acts of |
16 | | public indecency or sexual misconduct in the penal |
17 | | institution. In this paragraph (33), "penal institution" |
18 | | has the same meaning as in Section 2-14 of the Criminal |
19 | | Code of 2012; or |
20 | | (34) the defendant committed the offense of leaving |
21 | | the scene of a crash an accident in violation of |
22 | | subsection (b) of Section 11-401 of the Illinois Vehicle |
23 | | Code and the crash accident resulted in the death of a |
24 | | person and at the time of the offense, the defendant was: |
25 | | (i) driving under the influence of alcohol, other drug or |
26 | | drugs, intoxicating compound or compounds or any |
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1 | | combination thereof as defined by Section 11-501 of the |
2 | | Illinois Vehicle Code; or (ii) operating the motor vehicle |
3 | | while using an electronic communication device as defined |
4 | | in Section 12-610.2 of the Illinois Vehicle Code. |
5 | | For the purposes of this Section:
|
6 | | "School" is defined as a public or private
elementary or |
7 | | secondary school, community college, college, or university.
|
8 | | "Day care center" means a public or private State |
9 | | certified and
licensed day care center as defined in Section |
10 | | 2.09 of the Child Care Act of
1969 that displays a sign in |
11 | | plain view stating that the
property is a day care center.
|
12 | | "Intellectual disability" means significantly subaverage |
13 | | intellectual functioning which exists concurrently
with |
14 | | impairment in adaptive behavior. |
15 | | "Public transportation" means the transportation
or |
16 | | conveyance of persons by means available to the general |
17 | | public, and includes paratransit services. |
18 | | "Traffic control devices" means all signs, signals, |
19 | | markings, and devices that conform to the Illinois Manual on |
20 | | Uniform Traffic Control Devices, placed or erected by |
21 | | authority of a public body or official having jurisdiction, |
22 | | for the purpose of regulating, warning, or guiding traffic. |
23 | | (b) The following factors, related to all felonies, may be |
24 | | considered by the court as
reasons to impose an extended term |
25 | | sentence under Section 5-8-2
upon any offender:
|
26 | | (1) When a defendant is convicted of any felony, after |
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|
1 | | having
been previously convicted in Illinois or any other |
2 | | jurisdiction of the
same or similar class felony or |
3 | | greater class felony, when such conviction
has occurred |
4 | | within 10 years after the
previous conviction, excluding |
5 | | time spent in custody, and such charges are
separately |
6 | | brought and tried and arise out of different series of |
7 | | acts; or
|
8 | | (2) When a defendant is convicted of any felony and |
9 | | the court
finds that the offense was accompanied by |
10 | | exceptionally brutal
or heinous behavior indicative of |
11 | | wanton cruelty; or
|
12 | | (3) When a defendant is convicted of any felony |
13 | | committed against:
|
14 | | (i) a person under 12 years of age at the time of |
15 | | the offense or such
person's property;
|
16 | | (ii) a person 60 years of age or older at the time |
17 | | of the offense or
such person's property; or
|
18 | | (iii) a person who had a physical disability at |
19 | | the time of the offense or
such person's property; or
|
20 | | (4) When a defendant is convicted of any felony and |
21 | | the offense
involved any of the following types of |
22 | | specific misconduct committed as
part of a ceremony, rite, |
23 | | initiation, observance, performance, practice or
activity |
24 | | of any actual or ostensible religious, fraternal, or |
25 | | social group:
|
26 | | (i) the brutalizing or torturing of humans or |
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1 | | animals;
|
2 | | (ii) the theft of human corpses;
|
3 | | (iii) the kidnapping of humans;
|
4 | | (iv) the desecration of any cemetery, religious, |
5 | | fraternal, business,
governmental, educational, or |
6 | | other building or property; or
|
7 | | (v) ritualized abuse of a child; or
|
8 | | (5) When a defendant is convicted of a felony other |
9 | | than conspiracy and
the court finds that
the felony was |
10 | | committed under an agreement with 2 or more other persons
|
11 | | to commit that offense and the defendant, with respect to |
12 | | the other
individuals, occupied a position of organizer, |
13 | | supervisor, financier, or any
other position of management |
14 | | or leadership, and the court further finds that
the felony |
15 | | committed was related to or in furtherance of the criminal
|
16 | | activities of an organized gang or was motivated by the |
17 | | defendant's leadership
in an organized gang; or
|
18 | | (6) When a defendant is convicted of an offense |
19 | | committed while using a firearm with a
laser sight |
20 | | attached to it. For purposes of this paragraph, "laser |
21 | | sight"
has the meaning ascribed to it in Section 26-7 of |
22 | | the Criminal Code of
2012; or
|
23 | | (7) When a defendant who was at least 17 years of age |
24 | | at the
time of
the commission of the offense is convicted |
25 | | of a felony and has been previously
adjudicated a |
26 | | delinquent minor under the Juvenile Court Act of 1987 for |
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1 | | an act
that if committed by an adult would be a Class X or |
2 | | Class 1 felony when the
conviction has occurred within 10 |
3 | | years after the previous adjudication,
excluding time |
4 | | spent in custody; or
|
5 | | (8) When a defendant commits any felony and the |
6 | | defendant used, possessed, exercised control over, or |
7 | | otherwise directed an animal to assault a law enforcement |
8 | | officer engaged in the execution of his or her official |
9 | | duties or in furtherance of the criminal activities of an |
10 | | organized gang in which the defendant is engaged; or
|
11 | | (9) When a defendant commits any felony and the |
12 | | defendant knowingly video or audio records the offense |
13 | | with the intent to disseminate the recording. |
14 | | (c) The following factors may be considered by the court |
15 | | as reasons to impose an extended term sentence under Section |
16 | | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed |
17 | | offenses: |
18 | | (1) When a defendant is convicted of first degree |
19 | | murder, after having been previously convicted in Illinois |
20 | | of any offense listed under paragraph (c)(2) of Section |
21 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has |
22 | | occurred within 10 years after the previous conviction, |
23 | | excluding time spent in custody, and the charges are |
24 | | separately brought and tried and arise out of different |
25 | | series of acts. |
26 | | (1.5) When a defendant is convicted of first degree |
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1 | | murder, after having been previously convicted of domestic |
2 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
3 | | (720 ILCS 5/12-3.3) committed on the same victim or after |
4 | | having been previously convicted of violation of an order |
5 | | of protection (720 ILCS 5/12-30) in which the same victim |
6 | | was the protected person. |
7 | | (2) When a defendant is convicted of voluntary |
8 | | manslaughter, second degree murder, involuntary |
9 | | manslaughter, or reckless homicide in which the defendant |
10 | | has been convicted of causing the death of more than one |
11 | | individual. |
12 | | (3) When a defendant is convicted of aggravated |
13 | | criminal sexual assault or criminal sexual assault, when |
14 | | there is a finding that aggravated criminal sexual assault |
15 | | or criminal sexual assault was also committed on the same |
16 | | victim by one or more other individuals, and the defendant |
17 | | voluntarily participated in the crime with the knowledge |
18 | | of the participation of the others in the crime, and the |
19 | | commission of the crime was part of a single course of |
20 | | conduct during which there was no substantial change in |
21 | | the nature of the criminal objective. |
22 | | (4) If the victim was under 18 years of age at the time |
23 | | of the commission of the offense, when a defendant is |
24 | | convicted of aggravated criminal sexual assault or |
25 | | predatory criminal sexual assault of a child under |
26 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
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1 | | of Section 12-14.1 of the Criminal Code of 1961 or the |
2 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
3 | | (5) When a defendant is convicted of a felony |
4 | | violation of Section 24-1 of the Criminal Code of 1961 or |
5 | | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
6 | | finding that the defendant is a member of an organized |
7 | | gang. |
8 | | (6) When a defendant was convicted of unlawful use of |
9 | | weapons under Section 24-1 of the Criminal Code of 1961 or |
10 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
11 | | a weapon that is not readily distinguishable as one of the |
12 | | weapons enumerated in Section 24-1 of the Criminal Code of |
13 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
14 | | (7) When a defendant is convicted of an offense |
15 | | involving the illegal manufacture of a controlled |
16 | | substance under Section 401 of the Illinois Controlled |
17 | | Substances Act (720 ILCS 570/401), the illegal manufacture |
18 | | of methamphetamine under Section 25 of the Methamphetamine |
19 | | Control and Community Protection Act (720 ILCS 646/25), or |
20 | | the illegal possession of explosives and an emergency |
21 | | response officer in the performance of his or her duties |
22 | | is killed or injured at the scene of the offense while |
23 | | responding to the emergency caused by the commission of |
24 | | the offense. In this paragraph, "emergency" means a |
25 | | situation in which a person's life, health, or safety is |
26 | | in jeopardy; and "emergency response officer" means a |
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1 | | peace officer, community policing volunteer, fireman, |
2 | | emergency medical technician-ambulance, emergency medical |
3 | | technician-intermediate, emergency medical |
4 | | technician-paramedic, ambulance driver, other medical |
5 | | assistance or first aid personnel, or hospital emergency |
6 | | room personnel.
|
7 | | (8) When the defendant is convicted of attempted mob |
8 | | action, solicitation to commit mob action, or conspiracy |
9 | | to commit mob action under Section 8-1, 8-2, or 8-4 of the |
10 | | Criminal Code of 2012, where the criminal object is a |
11 | | violation of Section 25-1 of the Criminal Code of 2012, |
12 | | and an electronic communication is used in the commission |
13 | | of the offense. For the purposes of this paragraph (8), |
14 | | "electronic communication" shall have the meaning provided |
15 | | in Section 26.5-0.1 of the Criminal Code of 2012. |
16 | | (d) For the purposes of this Section, "organized gang" has |
17 | | the meaning
ascribed to it in Section 10 of the Illinois |
18 | | Streetgang Terrorism Omnibus
Prevention Act.
|
19 | | (e) The court may impose an extended term sentence under |
20 | | Article 4.5 of Chapter V upon an offender who has been |
21 | | convicted of a felony violation of Section 11-1.20, 11-1.30, |
22 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
23 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
24 | | when the victim of the offense is under 18 years of age at the |
25 | | time of the commission of the offense and, during the |
26 | | commission of the offense, the victim was under the influence |
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1 | | of alcohol, regardless of whether or not the alcohol was |
2 | | supplied by the offender; and the offender, at the time of the |
3 | | commission of the offense, knew or should have known that the |
4 | | victim had consumed alcohol. |
5 | | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; |
6 | | 101-417, eff. 1-1-20; 102-558, eff. 8-20-21.)
|
7 | | (Text of Section after amendment by P.A. 101-652 ) |
8 | | Sec. 5-5-3.2. Factors in aggravation and extended-term |
9 | | sentencing.
|
10 | | (a) The following factors shall be accorded weight in |
11 | | favor of
imposing a term of imprisonment or may be considered |
12 | | by the court as reasons
to impose a more severe sentence under |
13 | | Section 5-8-1 or Article 4.5 of Chapter V:
|
14 | | (1) the defendant's conduct caused or threatened |
15 | | serious harm;
|
16 | | (2) the defendant received compensation for committing |
17 | | the offense;
|
18 | | (3) the defendant has a history of prior delinquency |
19 | | or criminal activity;
|
20 | | (4) the defendant, by the duties of his office or by |
21 | | his position,
was obliged to prevent the particular |
22 | | offense committed or to bring
the offenders committing it |
23 | | to justice;
|
24 | | (5) the defendant held public office at the time of |
25 | | the offense,
and the offense related to the conduct of |
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1 | | that office;
|
2 | | (6) the defendant utilized his professional reputation |
3 | | or
position in the community to commit the offense, or to |
4 | | afford
him an easier means of committing it;
|
5 | | (7) the sentence is necessary to deter others from |
6 | | committing
the same crime;
|
7 | | (8) the defendant committed the offense against a |
8 | | person 60 years of age
or older or such person's property;
|
9 | | (9) the defendant committed the offense against a |
10 | | person who has a physical disability or such person's |
11 | | property;
|
12 | | (10) by reason of another individual's actual or |
13 | | perceived race, color,
creed, religion, ancestry, gender, |
14 | | sexual orientation, physical or mental
disability, or |
15 | | national origin, the defendant committed the offense |
16 | | against (i)
the person or property
of that individual; |
17 | | (ii) the person or property of a person who has an
|
18 | | association with, is married to, or has a friendship with |
19 | | the other individual;
or (iii) the person or property of a |
20 | | relative (by blood or marriage) of a
person described in |
21 | | clause (i) or (ii). For the purposes of this Section,
|
22 | | "sexual orientation" has the meaning ascribed to it in |
23 | | paragraph (O-1) of Section 1-103 of the Illinois Human |
24 | | Rights Act;
|
25 | | (11) the offense took place in a place of worship or on |
26 | | the
grounds of a place of worship, immediately prior to, |
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1 | | during or immediately
following worship services. For |
2 | | purposes of this subparagraph, "place of
worship" shall |
3 | | mean any church, synagogue or other building, structure or
|
4 | | place used primarily for religious worship;
|
5 | | (12) the defendant was convicted of a felony committed |
6 | | while he was
on pretrial release or his own recognizance |
7 | | pending trial for a prior felony
and was convicted of such |
8 | | prior felony, or the defendant was convicted of a
felony |
9 | | committed while he was serving a period of probation,
|
10 | | conditional discharge, or mandatory supervised release |
11 | | under subsection (d)
of Section 5-8-1
for a prior felony;
|
12 | | (13) the defendant committed or attempted to commit a |
13 | | felony while he
was wearing a bulletproof vest. For the |
14 | | purposes of this paragraph (13), a
bulletproof vest is any |
15 | | device which is designed for the purpose of
protecting the |
16 | | wearer from bullets, shot or other lethal projectiles;
|
17 | | (14) the defendant held a position of trust or |
18 | | supervision such as, but
not limited to, family member as |
19 | | defined in Section 11-0.1 of the Criminal Code
of 2012, |
20 | | teacher, scout leader, baby sitter, or day care worker, in
|
21 | | relation to a victim under 18 years of age, and the |
22 | | defendant committed an
offense in violation of Section |
23 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
24 | | 11-14.4 except for an offense that involves keeping a |
25 | | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
26 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
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1 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code |
2 | | of 2012
against
that victim;
|
3 | | (15) the defendant committed an offense related to the |
4 | | activities of an
organized gang. For the purposes of this |
5 | | factor, "organized gang" has the
meaning ascribed to it in |
6 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention |
7 | | Act;
|
8 | | (16) the defendant committed an offense in violation |
9 | | of one of the
following Sections while in a school, |
10 | | regardless of the time of day or time of
year; on any |
11 | | conveyance owned, leased, or contracted by a school to |
12 | | transport
students to or from school or a school related |
13 | | activity; on the real property
of a school; or on a public |
14 | | way within 1,000 feet of the real property
comprising any |
15 | | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, |
16 | | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, |
17 | | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, |
18 | | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, |
19 | | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except |
20 | | for subdivision (a)(4) or (g)(1), of the Criminal Code of
|
21 | | 1961 or the Criminal Code of 2012;
|
22 | | (16.5) the defendant committed an offense in violation |
23 | | of one of the
following Sections while in a day care |
24 | | center, regardless of the time of day or
time of year; on |
25 | | the real property of a day care center, regardless of the |
26 | | time
of day or time of year; or on a public
way within |
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1 | | 1,000 feet of the real property comprising any day care |
2 | | center,
regardless of the time of day or time of year:
|
3 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
4 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
5 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
6 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
7 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
8 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
9 | | Criminal Code of 2012;
|
10 | | (17) the defendant committed the offense by reason of |
11 | | any person's
activity as a community policing volunteer or |
12 | | to prevent any person from
engaging in activity as a |
13 | | community policing volunteer. For the purpose of
this |
14 | | Section, "community policing volunteer" has the meaning |
15 | | ascribed to it in
Section 2-3.5 of the Criminal Code of |
16 | | 2012;
|
17 | | (18) the defendant committed the offense in a nursing |
18 | | home or on the
real
property comprising a nursing home. |
19 | | For the purposes of this paragraph (18),
"nursing home" |
20 | | means a skilled nursing
or intermediate long term care |
21 | | facility that is subject to license by the
Illinois |
22 | | Department of Public Health under the Nursing Home Care
|
23 | | Act, the Specialized Mental Health Rehabilitation Act of |
24 | | 2013, the ID/DD Community Care Act, or the MC/DD Act;
|
25 | | (19) the defendant was a federally licensed firearm |
26 | | dealer
and
was
previously convicted of a violation of |
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1 | | subsection (a) of Section 3 of the
Firearm Owners |
2 | | Identification Card Act and has now committed either a |
3 | | felony
violation
of the Firearm Owners Identification Card |
4 | | Act or an act of armed violence while
armed
with a firearm; |
5 | | (20) the defendant (i) committed the offense of |
6 | | reckless homicide under Section 9-3 of the Criminal Code |
7 | | of 1961 or the Criminal Code of 2012 or the offense of |
8 | | driving under the influence of alcohol, other drug or
|
9 | | drugs, intoxicating compound or compounds or any |
10 | | combination thereof under Section 11-501 of the Illinois |
11 | | Vehicle Code or a similar provision of a local ordinance |
12 | | and (ii) was operating a motor vehicle in excess of 20 |
13 | | miles per hour over the posted speed limit as provided in |
14 | | Article VI of Chapter 11 of the Illinois Vehicle Code;
|
15 | | (21) the defendant (i) committed the offense of |
16 | | reckless driving or aggravated reckless driving under |
17 | | Section 11-503 of the Illinois Vehicle Code and (ii) was |
18 | | operating a motor vehicle in excess of 20 miles per hour |
19 | | over the posted speed limit as provided in Article VI of |
20 | | Chapter 11 of the Illinois Vehicle Code; |
21 | | (22) the defendant committed the offense against a |
22 | | person that the defendant knew, or reasonably should have |
23 | | known, was a member of the Armed Forces of the United |
24 | | States serving on active duty. For purposes of this clause |
25 | | (22), the term "Armed Forces" means any of the Armed |
26 | | Forces of the United States, including a member of any |
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1 | | reserve component thereof or National Guard unit called to |
2 | | active duty;
|
3 | | (23)
the defendant committed the offense against a |
4 | | person who was elderly or infirm or who was a person with a |
5 | | disability by taking advantage of a family or fiduciary |
6 | | relationship with the elderly or infirm person or person |
7 | | with a disability;
|
8 | | (24)
the defendant committed any offense under Section |
9 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code |
10 | | of 2012 and possessed 100 or more images;
|
11 | | (25) the defendant committed the offense while the |
12 | | defendant or the victim was in a train, bus, or other |
13 | | vehicle used for public transportation; |
14 | | (26) the defendant committed the offense of child |
15 | | pornography or aggravated child pornography, specifically |
16 | | including paragraph (1), (2), (3), (4), (5), or (7) of |
17 | | subsection (a) of Section 11-20.1 of the Criminal Code of |
18 | | 1961 or the Criminal Code of 2012 where a child engaged in, |
19 | | solicited for, depicted in, or posed in any act of sexual |
20 | | penetration or bound, fettered, or subject to sadistic, |
21 | | masochistic, or sadomasochistic abuse in a sexual context |
22 | | and specifically including paragraph (1), (2), (3), (4), |
23 | | (5), or (7) of subsection (a) of Section 11-20.1B or |
24 | | Section 11-20.3 of the Criminal Code of 1961 where a child |
25 | | engaged in, solicited for, depicted in, or posed in any |
26 | | act of sexual penetration or bound, fettered, or subject |
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1 | | to sadistic, masochistic, or sadomasochistic abuse in a |
2 | | sexual context; |
3 | | (27) the defendant committed the offense of first |
4 | | degree murder, assault, aggravated assault, battery, |
5 | | aggravated battery, robbery, armed robbery, or aggravated |
6 | | robbery against a person who was a veteran and the |
7 | | defendant knew, or reasonably should have known, that the |
8 | | person was a veteran performing duties as a representative |
9 | | of a veterans' organization. For the purposes of this |
10 | | paragraph (27), "veteran" means an Illinois resident who |
11 | | has served as a member of the United States Armed Forces, a |
12 | | member of the Illinois National Guard, or a member of the |
13 | | United States Reserve Forces; and "veterans' organization" |
14 | | means an organization comprised of members of
which |
15 | | substantially all are individuals who are veterans or |
16 | | spouses,
widows, or widowers of veterans, the primary |
17 | | purpose of which is to
promote the welfare of its members |
18 | | and to provide assistance to the general
public in such a |
19 | | way as to confer a public benefit; |
20 | | (28) the defendant committed the offense of assault, |
21 | | aggravated assault, battery, aggravated battery, robbery, |
22 | | armed robbery, or aggravated robbery against a person that |
23 | | the defendant knew or reasonably should have known was a |
24 | | letter carrier or postal worker while that person was |
25 | | performing his or her duties delivering mail for the |
26 | | United States Postal Service; |
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1 | | (29) the defendant committed the offense of criminal |
2 | | sexual assault, aggravated criminal sexual assault, |
3 | | criminal sexual abuse, or aggravated criminal sexual abuse |
4 | | against a victim with an intellectual disability, and the |
5 | | defendant holds a position of trust, authority, or |
6 | | supervision in relation to the victim; |
7 | | (30) the defendant committed the offense of promoting |
8 | | juvenile prostitution, patronizing a prostitute, or |
9 | | patronizing a minor engaged in prostitution and at the |
10 | | time of the commission of the offense knew that the |
11 | | prostitute or minor engaged in prostitution was in the |
12 | | custody or guardianship of the Department of Children and |
13 | | Family Services; |
14 | | (31) the defendant (i) committed the offense of |
15 | | driving while under the influence of alcohol, other drug |
16 | | or drugs, intoxicating compound or compounds or any |
17 | | combination thereof in violation of Section 11-501 of the |
18 | | Illinois Vehicle Code or a similar provision of a local |
19 | | ordinance and (ii) the defendant during the commission of |
20 | | the offense was driving his or her vehicle upon a roadway |
21 | | designated for one-way traffic in the opposite direction |
22 | | of the direction indicated by official traffic control |
23 | | devices; |
24 | | (32) the defendant committed the offense of reckless |
25 | | homicide while committing a violation of Section 11-907 of |
26 | | the Illinois Vehicle Code; |
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1 | | (33) the defendant was found guilty of an |
2 | | administrative infraction related to an act or acts of |
3 | | public indecency or sexual misconduct in the penal |
4 | | institution. In this paragraph (33), "penal institution" |
5 | | has the same meaning as in Section 2-14 of the Criminal |
6 | | Code of 2012; or |
7 | | (34) the defendant committed the offense of leaving |
8 | | the scene of a crash an accident in violation of |
9 | | subsection (b) of Section 11-401 of the Illinois Vehicle |
10 | | Code and the crash accident resulted in the death of a |
11 | | person and at the time of the offense, the defendant was: |
12 | | (i) driving under the influence of alcohol, other drug or |
13 | | drugs, intoxicating compound or compounds or any |
14 | | combination thereof as defined by Section 11-501 of the |
15 | | Illinois Vehicle Code; or (ii) operating the motor vehicle |
16 | | while using an electronic communication device as defined |
17 | | in Section 12-610.2 of the Illinois Vehicle Code. |
18 | | For the purposes of this Section:
|
19 | | "School" is defined as a public or private
elementary or |
20 | | secondary school, community college, college, or university.
|
21 | | "Day care center" means a public or private State |
22 | | certified and
licensed day care center as defined in Section |
23 | | 2.09 of the Child Care Act of
1969 that displays a sign in |
24 | | plain view stating that the
property is a day care center.
|
25 | | "Intellectual disability" means significantly subaverage |
26 | | intellectual functioning which exists concurrently
with |
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1 | | impairment in adaptive behavior. |
2 | | "Public transportation" means the transportation
or |
3 | | conveyance of persons by means available to the general |
4 | | public, and includes paratransit services. |
5 | | "Traffic control devices" means all signs, signals, |
6 | | markings, and devices that conform to the Illinois Manual on |
7 | | Uniform Traffic Control Devices, placed or erected by |
8 | | authority of a public body or official having jurisdiction, |
9 | | for the purpose of regulating, warning, or guiding traffic. |
10 | | (b) The following factors, related to all felonies, may be |
11 | | considered by the court as
reasons to impose an extended term |
12 | | sentence under Section 5-8-2
upon any offender:
|
13 | | (1) When a defendant is convicted of any felony, after |
14 | | having
been previously convicted in Illinois or any other |
15 | | jurisdiction of the
same or similar class felony or |
16 | | greater class felony, when such conviction
has occurred |
17 | | within 10 years after the
previous conviction, excluding |
18 | | time spent in custody, and such charges are
separately |
19 | | brought and tried and arise out of different series of |
20 | | acts; or
|
21 | | (2) When a defendant is convicted of any felony and |
22 | | the court
finds that the offense was accompanied by |
23 | | exceptionally brutal
or heinous behavior indicative of |
24 | | wanton cruelty; or
|
25 | | (3) When a defendant is convicted of any felony |
26 | | committed against:
|
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1 | | (i) a person under 12 years of age at the time of |
2 | | the offense or such
person's property;
|
3 | | (ii) a person 60 years of age or older at the time |
4 | | of the offense or
such person's property; or
|
5 | | (iii) a person who had a physical disability at |
6 | | the time of the offense or
such person's property; or
|
7 | | (4) When a defendant is convicted of any felony and |
8 | | the offense
involved any of the following types of |
9 | | specific misconduct committed as
part of a ceremony, rite, |
10 | | initiation, observance, performance, practice or
activity |
11 | | of any actual or ostensible religious, fraternal, or |
12 | | social group:
|
13 | | (i) the brutalizing or torturing of humans or |
14 | | animals;
|
15 | | (ii) the theft of human corpses;
|
16 | | (iii) the kidnapping of humans;
|
17 | | (iv) the desecration of any cemetery, religious, |
18 | | fraternal, business,
governmental, educational, or |
19 | | other building or property; or
|
20 | | (v) ritualized abuse of a child; or
|
21 | | (5) When a defendant is convicted of a felony other |
22 | | than conspiracy and
the court finds that
the felony was |
23 | | committed under an agreement with 2 or more other persons
|
24 | | to commit that offense and the defendant, with respect to |
25 | | the other
individuals, occupied a position of organizer, |
26 | | supervisor, financier, or any
other position of management |
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1 | | or leadership, and the court further finds that
the felony |
2 | | committed was related to or in furtherance of the criminal
|
3 | | activities of an organized gang or was motivated by the |
4 | | defendant's leadership
in an organized gang; or
|
5 | | (6) When a defendant is convicted of an offense |
6 | | committed while using a firearm with a
laser sight |
7 | | attached to it. For purposes of this paragraph, "laser |
8 | | sight"
has the meaning ascribed to it in Section 26-7 of |
9 | | the Criminal Code of
2012; or
|
10 | | (7) When a defendant who was at least 17 years of age |
11 | | at the
time of
the commission of the offense is convicted |
12 | | of a felony and has been previously
adjudicated a |
13 | | delinquent minor under the Juvenile Court Act of 1987 for |
14 | | an act
that if committed by an adult would be a Class X or |
15 | | Class 1 felony when the
conviction has occurred within 10 |
16 | | years after the previous adjudication,
excluding time |
17 | | spent in custody; or
|
18 | | (8) When a defendant commits any felony and the |
19 | | defendant used, possessed, exercised control over, or |
20 | | otherwise directed an animal to assault a law enforcement |
21 | | officer engaged in the execution of his or her official |
22 | | duties or in furtherance of the criminal activities of an |
23 | | organized gang in which the defendant is engaged; or
|
24 | | (9) When a defendant commits any felony and the |
25 | | defendant knowingly video or audio records the offense |
26 | | with the intent to disseminate the recording. |
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1 | | (c) The following factors may be considered by the court |
2 | | as reasons to impose an extended term sentence under Section |
3 | | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed |
4 | | offenses: |
5 | | (1) When a defendant is convicted of first degree |
6 | | murder, after having been previously convicted in Illinois |
7 | | of any offense listed under paragraph (c)(2) of Section |
8 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has |
9 | | occurred within 10 years after the previous conviction, |
10 | | excluding time spent in custody, and the charges are |
11 | | separately brought and tried and arise out of different |
12 | | series of acts. |
13 | | (1.5) When a defendant is convicted of first degree |
14 | | murder, after having been previously convicted of domestic |
15 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
16 | | (720 ILCS 5/12-3.3) committed on the same victim or after |
17 | | having been previously convicted of violation of an order |
18 | | of protection (720 ILCS 5/12-30) in which the same victim |
19 | | was the protected person. |
20 | | (2) When a defendant is convicted of voluntary |
21 | | manslaughter, second degree murder, involuntary |
22 | | manslaughter, or reckless homicide in which the defendant |
23 | | has been convicted of causing the death of more than one |
24 | | individual. |
25 | | (3) When a defendant is convicted of aggravated |
26 | | criminal sexual assault or criminal sexual assault, when |
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1 | | there is a finding that aggravated criminal sexual assault |
2 | | or criminal sexual assault was also committed on the same |
3 | | victim by one or more other individuals, and the defendant |
4 | | voluntarily participated in the crime with the knowledge |
5 | | of the participation of the others in the crime, and the |
6 | | commission of the crime was part of a single course of |
7 | | conduct during which there was no substantial change in |
8 | | the nature of the criminal objective. |
9 | | (4) If the victim was under 18 years of age at the time |
10 | | of the commission of the offense, when a defendant is |
11 | | convicted of aggravated criminal sexual assault or |
12 | | predatory criminal sexual assault of a child under |
13 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
14 | | of Section 12-14.1 of the Criminal Code of 1961 or the |
15 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
16 | | (5) When a defendant is convicted of a felony |
17 | | violation of Section 24-1 of the Criminal Code of 1961 or |
18 | | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
19 | | finding that the defendant is a member of an organized |
20 | | gang. |
21 | | (6) When a defendant was convicted of unlawful use of |
22 | | weapons under Section 24-1 of the Criminal Code of 1961 or |
23 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
24 | | a weapon that is not readily distinguishable as one of the |
25 | | weapons enumerated in Section 24-1 of the Criminal Code of |
26 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
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1 | | (7) When a defendant is convicted of an offense |
2 | | involving the illegal manufacture of a controlled |
3 | | substance under Section 401 of the Illinois Controlled |
4 | | Substances Act (720 ILCS 570/401), the illegal manufacture |
5 | | of methamphetamine under Section 25 of the Methamphetamine |
6 | | Control and Community Protection Act (720 ILCS 646/25), or |
7 | | the illegal possession of explosives and an emergency |
8 | | response officer in the performance of his or her duties |
9 | | is killed or injured at the scene of the offense while |
10 | | responding to the emergency caused by the commission of |
11 | | the offense. In this paragraph, "emergency" means a |
12 | | situation in which a person's life, health, or safety is |
13 | | in jeopardy; and "emergency response officer" means a |
14 | | peace officer, community policing volunteer, fireman, |
15 | | emergency medical technician-ambulance, emergency medical |
16 | | technician-intermediate, emergency medical |
17 | | technician-paramedic, ambulance driver, other medical |
18 | | assistance or first aid personnel, or hospital emergency |
19 | | room personnel.
|
20 | | (8) When the defendant is convicted of attempted mob |
21 | | action, solicitation to commit mob action, or conspiracy |
22 | | to commit mob action under Section 8-1, 8-2, or 8-4 of the |
23 | | Criminal Code of 2012, where the criminal object is a |
24 | | violation of Section 25-1 of the Criminal Code of 2012, |
25 | | and an electronic communication is used in the commission |
26 | | of the offense. For the purposes of this paragraph (8), |
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1 | | "electronic communication" shall have the meaning provided |
2 | | in Section 26.5-0.1 of the Criminal Code of 2012. |
3 | | (d) For the purposes of this Section, "organized gang" has |
4 | | the meaning
ascribed to it in Section 10 of the Illinois |
5 | | Streetgang Terrorism Omnibus
Prevention Act.
|
6 | | (e) The court may impose an extended term sentence under |
7 | | Article 4.5 of Chapter V upon an offender who has been |
8 | | convicted of a felony violation of Section 11-1.20, 11-1.30, |
9 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
10 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
11 | | when the victim of the offense is under 18 years of age at the |
12 | | time of the commission of the offense and, during the |
13 | | commission of the offense, the victim was under the influence |
14 | | of alcohol, regardless of whether or not the alcohol was |
15 | | supplied by the offender; and the offender, at the time of the |
16 | | commission of the offense, knew or should have known that the |
17 | | victim had consumed alcohol. |
18 | | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; |
19 | | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff. |
20 | | 1-1-23; 102-558, eff. 8-20-21.)
|
21 | | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
|
22 | | Sec. 5-8-4. Concurrent and consecutive terms of |
23 | | imprisonment.
|
24 | | (a) Concurrent terms; multiple or additional sentences. |
25 | | When an Illinois court (i) imposes multiple sentences of |
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1 | | imprisonment on a defendant at the same time or (ii) imposes a |
2 | | sentence of imprisonment on a defendant who is already subject |
3 | | to a sentence of imprisonment imposed by an Illinois court, a |
4 | | court of another state, or a federal court, then the sentences |
5 | | shall run concurrently unless otherwise determined by the |
6 | | Illinois court under this Section. |
7 | | (b) Concurrent terms; misdemeanor and felony. A defendant |
8 | | serving a sentence for a
misdemeanor who is convicted of a |
9 | | felony and sentenced to imprisonment shall be transferred to |
10 | | the Department of Corrections, and the misdemeanor sentence |
11 | | shall be merged in and run concurrently with the felony |
12 | | sentence. |
13 | | (c) Consecutive terms; permissive. The court may impose |
14 | | consecutive sentences in any of the following circumstances: |
15 | | (1) If, having regard to the nature and circumstances |
16 | | of the offense and the history
and character of the |
17 | | defendant, it is the opinion of the court that consecutive |
18 | | sentences are
required to protect the public from further |
19 | | criminal conduct by the defendant, the basis for which the |
20 | | court shall set forth in the record. |
21 | | (2) If one of the offenses for which a defendant was |
22 | | convicted was a violation of
Section 32-5.2 (aggravated |
23 | | false personation of a peace officer) of the Criminal Code |
24 | | of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision |
25 | | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of |
26 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the |
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1 | | offense was committed in attempting or committing a |
2 | | forcible felony.
|
3 | | (d) Consecutive terms; mandatory. The court shall impose |
4 | | consecutive sentences in each of the following circumstances: |
5 | | (1) One of the offenses for which the defendant was |
6 | | convicted was first degree
murder or a Class X or Class 1 |
7 | | felony and the defendant inflicted severe bodily injury. |
8 | | (2) The defendant was convicted of a violation of |
9 | | Section 11-1.20 or 12-13 (criminal sexual
assault), |
10 | | 11-1.30 or 12-14 (aggravated criminal sexual assault), or |
11 | | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a |
12 | | child) of the Criminal Code of 1961 or the Criminal Code of |
13 | | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, |
14 | | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or |
15 | | 5/12-14.1). |
16 | | (2.5) The defendant was convicted of a violation of |
17 | | paragraph (1), (2), (3), (4), (5), or (7) of subsection |
18 | | (a) of Section 11-20.1 (child pornography) or of paragraph |
19 | | (1), (2), (3), (4), (5), or (7) of subsection (a) of |
20 | | Section 11-20.1B or 11-20.3 (aggravated child pornography) |
21 | | of the Criminal Code of 1961 or the Criminal Code of 2012; |
22 | | or the defendant was convicted of a violation of paragraph |
23 | | (6) of subsection (a) of Section 11-20.1 (child |
24 | | pornography) or of paragraph (6) of subsection (a) of |
25 | | Section 11-20.1B or 11-20.3 (aggravated child pornography) |
26 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
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1 | | when the child depicted is under the age of 13. |
2 | | (3) The defendant was convicted of armed violence |
3 | | based upon the predicate
offense of any of the following: |
4 | | solicitation of murder, solicitation of murder for hire, |
5 | | heinous battery as described in Section 12-4.1 or |
6 | | subdivision (a)(2) of Section 12-3.05, aggravated battery |
7 | | of a senior citizen as described in Section 12-4.6 or |
8 | | subdivision (a)(4) of Section 12-3.05, criminal sexual |
9 | | assault, a violation of subsection (g) of Section 5 of the |
10 | | Cannabis Control Act (720 ILCS 550/5), cannabis |
11 | | trafficking, a violation of subsection (a) of Section 401 |
12 | | of the Illinois Controlled Substances Act (720 ILCS |
13 | | 570/401), controlled substance trafficking involving a |
14 | | Class X felony amount of controlled substance under |
15 | | Section 401 of the Illinois Controlled Substances Act (720 |
16 | | ILCS 570/401), a violation of the Methamphetamine Control |
17 | | and Community Protection Act (720 ILCS 646/), calculated |
18 | | criminal drug conspiracy, or streetgang criminal drug |
19 | | conspiracy. |
20 | | (4) The defendant was convicted of the offense of |
21 | | leaving the scene of a motor
vehicle crash accident |
22 | | involving death or personal injuries under Section 11-401 |
23 | | of the Illinois Vehicle Code (625 ILCS 5/11-401) and |
24 | | either: (A) aggravated driving under the influence of |
25 | | alcohol, other drug or drugs, or intoxicating compound or |
26 | | compounds, or any combination thereof under Section 11-501 |
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1 | | of the Illinois Vehicle Code (625 ILCS 5/11-501), (B) |
2 | | reckless homicide under Section 9-3 of the Criminal Code |
3 | | of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3), or |
4 | | (C) both an offense described in item (A) and an offense |
5 | | described in item (B). |
6 | | (5) The defendant was convicted of a violation of |
7 | | Section 9-3.1 or Section 9-3.4 (concealment of homicidal |
8 | | death) or Section 12-20.5 (dismembering a human body) of |
9 | | the Criminal Code of 1961 or the Criminal Code of 2012 (720 |
10 | | ILCS 5/9-3.1 or 5/12-20.5). |
11 | | (5.5) The defendant was convicted of a violation of |
12 | | Section 24-3.7 (use of a stolen firearm in the commission |
13 | | of an offense) of the Criminal Code of 1961 or the Criminal |
14 | | Code of 2012. |
15 | | (6) If the defendant was in the custody of the |
16 | | Department of Corrections at the
time of the commission of |
17 | | the offense, the sentence shall be served consecutive to |
18 | | the sentence under which the defendant is held by the |
19 | | Department of Corrections. If, however, the defendant is |
20 | | sentenced to punishment by death, the sentence shall be |
21 | | executed at such time as the court may fix without regard |
22 | | to the sentence under which the defendant may be held by |
23 | | the Department. |
24 | | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) |
25 | | for escape or attempted escape shall be served
consecutive |
26 | | to the terms under which the offender is held by the |
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1 | | Department of Corrections. |
2 | | (8) If a person charged with a felony commits a |
3 | | separate felony while on pretrial
release or in pretrial |
4 | | detention in a county jail facility or county detention |
5 | | facility, then the sentences imposed upon conviction of |
6 | | these felonies shall be served consecutively regardless of |
7 | | the order in which the judgments of conviction are |
8 | | entered. |
9 | | (8.5) If a person commits a battery against a county |
10 | | correctional officer or sheriff's employee while serving a |
11 | | sentence or in pretrial detention in a county jail |
12 | | facility, then the sentence imposed upon conviction of the |
13 | | battery shall be served consecutively with the sentence |
14 | | imposed upon conviction of the earlier misdemeanor or |
15 | | felony, regardless of the order in which the
judgments of |
16 | | conviction are entered. |
17 | | (9) If a person admitted to bail following conviction |
18 | | of a felony commits a
separate felony while free on bond or |
19 | | if a person detained in a county jail facility or county |
20 | | detention facility following conviction of a felony |
21 | | commits a separate felony while in detention, then any |
22 | | sentence following conviction of the separate felony shall |
23 | | be consecutive to that of the original sentence for which |
24 | | the defendant was on bond or detained.
|
25 | | (10) If a person is found to be in possession of an |
26 | | item of contraband, as defined in Section 31A-0.1 of the |
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1 | | Criminal Code of 2012, while serving a sentence in a |
2 | | county jail or while in pre-trial detention in a county |
3 | | jail, the sentence imposed upon conviction for the offense |
4 | | of possessing contraband in a penal institution shall be |
5 | | served consecutively to the sentence imposed for the |
6 | | offense in which the person is serving sentence in the |
7 | | county jail or serving pretrial detention, regardless of |
8 | | the order in which the judgments of conviction are |
9 | | entered. |
10 | | (11) If a person is sentenced for a violation of bail |
11 | | bond under Section 32-10 of the Criminal Code of 1961 or |
12 | | the Criminal Code of 2012, any sentence imposed for that |
13 | | violation shall be served
consecutive to the sentence |
14 | | imposed for the charge for which bail had been
granted and |
15 | | with respect to which the defendant has been convicted. |
16 | | (e) Consecutive terms; subsequent non-Illinois term. If an |
17 | | Illinois court has imposed a
sentence of imprisonment on a |
18 | | defendant and the defendant is subsequently sentenced to a |
19 | | term of imprisonment by a court of another state or a federal |
20 | | court, then the Illinois sentence shall run consecutively to |
21 | | the sentence imposed by the court of the other state or the |
22 | | federal court. That same Illinois court, however, may order |
23 | | that the Illinois sentence run concurrently with the sentence |
24 | | imposed by the court of the other state or the federal court, |
25 | | but only if the defendant applies to that same Illinois court |
26 | | within 30 days after the sentence imposed by the court of the |
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1 | | other state or the federal court is finalized. |
2 | | (f) Consecutive terms; aggregate maximums and minimums. |
3 | | The aggregate maximum
and aggregate minimum of consecutive |
4 | | sentences shall be determined as follows: |
5 | | (1) For sentences imposed under law in effect prior to |
6 | | February 1, 1978, the
aggregate maximum of consecutive |
7 | | sentences shall not exceed the maximum term authorized |
8 | | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of |
9 | | Chapter V for the 2 most serious felonies involved. The |
10 | | aggregate minimum period of consecutive sentences shall |
11 | | not exceed the highest minimum term authorized under |
12 | | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter |
13 | | V for the 2 most serious felonies involved. When sentenced |
14 | | only for misdemeanors, a defendant shall not be |
15 | | consecutively sentenced to more than the maximum for one |
16 | | Class A misdemeanor. |
17 | | (2) For sentences imposed under the law in effect on |
18 | | or after February 1, 1978,
the aggregate of consecutive |
19 | | sentences for offenses that were committed as part of a |
20 | | single
course of conduct during which there was no |
21 | | substantial change in the nature of the criminal objective |
22 | | shall not exceed the sum of the maximum terms authorized |
23 | | under Article 4.5 of Chapter V for the 2 most serious |
24 | | felonies involved, but no such limitation shall apply for |
25 | | offenses that were not committed as part of a single |
26 | | course of conduct during which there was no substantial |
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1 | | change in the nature of the criminal objective. When |
2 | | sentenced only for misdemeanors, a defendant shall not be |
3 | | consecutively sentenced to more than the maximum for one |
4 | | Class A misdemeanor.
|
5 | | (g) Consecutive terms; manner served. In determining the |
6 | | manner in which consecutive sentences of imprisonment, one or |
7 | | more of which is for a felony, will be served, the Department |
8 | | of Corrections shall treat the defendant as though he or she |
9 | | had been committed for a single term subject to each of the |
10 | | following: |
11 | | (1) The maximum period of a term of imprisonment shall |
12 | | consist of the aggregate
of the maximums of the imposed |
13 | | indeterminate terms, if any, plus the aggregate of the |
14 | | imposed determinate sentences for felonies, plus the |
15 | | aggregate of the imposed determinate sentences for |
16 | | misdemeanors, subject to subsection (f) of this Section. |
17 | | (2) The parole or mandatory supervised release term |
18 | | shall be as provided in
paragraph (e) of Section 5-4.5-50 |
19 | | (730 ILCS 5/5-4.5-50) for the most serious of the offenses |
20 | | involved. |
21 | | (3) The minimum period of imprisonment shall be the |
22 | | aggregate of the minimum
and determinate periods of |
23 | | imprisonment imposed by the court, subject to subsection |
24 | | (f) of this Section. |
25 | | (4) The defendant shall be awarded credit against the |
26 | | aggregate maximum term
and the aggregate minimum term of |
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1 | | imprisonment for all time served in an institution since |
2 | | the commission of the offense or offenses and as a |
3 | | consequence thereof at the rate specified in
Section 3-6-3 |
4 | | (730 ILCS 5/3-6-3).
|
5 | | (h) Notwithstanding any other provisions of this Section, |
6 | | all sentences imposed by an Illinois court under this Code |
7 | | shall run concurrent to any and all sentences imposed under |
8 | | the Juvenile Court Act of 1987.
|
9 | | (Source: P.A. 102-350, eff. 8-13-21.)
|
10 | | Section 145. The Cannabis and Controlled Substances Tort |
11 | | Claims Act is amended by changing Section 2 as follows:
|
12 | | (740 ILCS 20/2) (from Ch. 70, par. 902)
|
13 | | Sec. 2. Findings and intent.
|
14 | | (a) The General Assembly finds
that the abuse of cannabis |
15 | | and controlled substances:
|
16 | | (1) greatly increases incidents involving crimes of |
17 | | violence and threats
of crimes of violence;
|
18 | | (2) causes death or severe and often irreversible
|
19 | | injuries to newborn children;
|
20 | | (3) accounts for the commission of the
majority of |
21 | | property crimes committed within this State;
|
22 | | (4) causes motor vehicle crashes and job-related , job |
23 | | related, and numerous other types of
accidents that |
24 | | frequently result in death or permanent injuries;
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1 | | (5) contributes to the disintegration of the family;
|
2 | | (6) interferes with the duty of parents and legal |
3 | | guardians to provide
for the physical, mental, and |
4 | | emotional well-being of their unemancipated
children and |
5 | | with the rights of parents and legal guardians to raise |
6 | | the
children free from the physical, mental, and emotional |
7 | | trauma that is
caused by the abuse of cannabis and |
8 | | controlled substances;
|
9 | | (7) encourages and fosters the growth of
urban gangs |
10 | | engaged in violent and nonviolent crime;
|
11 | | (8) furthers the interests of elements of organized |
12 | | criminals;
|
13 | | (9) increases the dropout, truancy, and failure rates |
14 | | of children
attending schools within this State;
|
15 | | (10) stifles educational opportunities for both drug |
16 | | users and nonusers;
|
17 | | (11) contributes to the unemployment rate within this |
18 | | State;
|
19 | | (12) reduces the productivity of employees, retards |
20 | | competitiveness
within the established business community, |
21 | | and hinders the formation and
growth of new businesses;
|
22 | | (13) reduces the value of real property;
|
23 | | (14) costs the citizens of this State billions of |
24 | | dollars in federal,
State, and local taxes for increased |
25 | | costs for law enforcement, welfare, and education;
|
26 | | (15) costs the citizens of this State billions of |
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1 | | dollars in increased
costs for consumer goods and |
2 | | services, insurance premiums, and medical treatment;
|
3 | | (16) hinders citizens from freely using public parks, |
4 | | streets, schools,
forest preserves, playgrounds, and other |
5 | | public areas; and
|
6 | | (17) contributes to a lower quality of life and |
7 | | standard of living for
the citizens of this State.
|
8 | | (b) The General Assembly finds that, in light of the |
9 | | findings made
in subsection (a), any violation of the Cannabis |
10 | | Control Act, the Methamphetamine Control and Community |
11 | | Protection Act, or the
Illinois Controlled Substances Act that |
12 | | involves the nonconsensual use of
the real or personal |
13 | | property of another person, whether that person is an
|
14 | | individual or a governmental or private entity representing a |
15 | | collection of
individuals, is so injurious to the property |
16 | | interests and the well-being
of that person that the violation |
17 | | gives rise to a cause of action sounding
in tort. The General |
18 | | Assembly also finds that the delivery of a controlled
|
19 | | substance or cannabis in violation of the Illinois Controlled |
20 | | Substances
Act, the Methamphetamine Control and Community |
21 | | Protection Act, or the Cannabis Control Act to an |
22 | | unemancipated minor under the age of
18 is so injurious to the |
23 | | rights and duties of parents and legal guardians
relating to |
24 | | the physical, mental, and emotional well-being of that minor
|
25 | | that the violation also gives rise to a cause of action |
26 | | sounding in tort.
The General Assembly further finds that |
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1 | | although the damage a person
suffers through the nonconsensual |
2 | | use of his property to facilitate such a
violation or the |
3 | | damage a parent or legal guardian suffers as the result of
the |
4 | | delivery to the minor of cannabis or a substance in violation |
5 | | of the
Cannabis Control Act, the Methamphetamine Control and |
6 | | Community Protection Act, or the Illinois Controlled |
7 | | Substances Act is often
subtle and incapable of precise |
8 | | articulation, that damage is nonetheless
real and substantial. |
9 | | It is therefore the intent of the General Assembly
to create a |
10 | | cause of action with statutorily prescribed damages for the
|
11 | | conduct described in this Act.
|
12 | | (Source: P.A. 94-556, eff. 9-11-05.)
|
13 | | Section 150. The Crime Victims Compensation Act is amended |
14 | | by changing Section 2 as follows:
|
15 | | (740 ILCS 45/2) (from Ch. 70, par. 72)
|
16 | | Sec. 2. Definitions. As used in this Act, unless the |
17 | | context
otherwise requires:
|
18 | | (a) "Applicant" means any person who applies for |
19 | | compensation under this
Act or any person the Court of Claims |
20 | | or the Attorney General finds is entitled to compensation,
|
21 | | including the guardian of a minor or of a person under legal |
22 | | disability. It
includes any person who was a dependent of a |
23 | | deceased victim of a crime of
violence for his or her support |
24 | | at the time of the death of that victim.
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1 | | The changes made to this subsection by this amendatory Act |
2 | | of the 101st General Assembly apply to actions commenced or |
3 | | pending on or after January 1, 2022. |
4 | | (b) "Court of Claims" means the Court of Claims created by |
5 | | the Court
of Claims Act.
|
6 | | (c) "Crime of violence" means and includes any offense |
7 | | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, |
8 | | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
9 | | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, |
10 | | 12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, |
11 | | 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, |
12 | | 12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, |
13 | | or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or |
14 | | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of |
15 | | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of |
16 | | the Cemetery Protection Act, Section 125 of the Stalking No |
17 | | Contact Order Act, Section 219 of the Civil No Contact Order |
18 | | Act, driving under
the influence as defined in Section
11-501 |
19 | | of the Illinois Vehicle Code, a violation of Section 11-401 of |
20 | | the Illinois Vehicle Code, provided the victim was a |
21 | | pedestrian or was operating a vehicle moved solely by human |
22 | | power or a mobility device at the time of contact, and a |
23 | | violation of Section 11-204.1 of the Illinois Vehicle Code; so |
24 | | long as the offense did not occur
during a civil riot, |
25 | | insurrection or rebellion. "Crime of violence" does not
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26 | | include any other offense or crash accident involving a motor |
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1 | | vehicle except those
vehicle offenses specifically provided |
2 | | for in this paragraph. "Crime of
violence" does include all of |
3 | | the offenses specifically provided for in this
paragraph that |
4 | | occur within this State but are subject to federal |
5 | | jurisdiction
and crimes involving terrorism as defined in 18 |
6 | | U.S.C. 2331.
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7 | | (d) "Victim" means (1) a person killed or injured in this |
8 | | State as a
result of a crime of violence perpetrated or |
9 | | attempted against him or her,
(2) the
spouse, parent, or child |
10 | | of a person killed or injured in this State as a result of a |
11 | | crime of
violence perpetrated or attempted against the person, |
12 | | or anyone living in the household of a person killed or injured |
13 | | in a relationship that is substantially similar to that of a |
14 | | parent, spouse, or child, (3) a person killed
or injured in |
15 | | this State while attempting to assist a person against whom a
|
16 | | crime of violence is being perpetrated or attempted, if that |
17 | | attempt of
assistance would be expected of a reasonable person |
18 | | under the circumstances,
(4) a person killed or injured in |
19 | | this State while assisting a law
enforcement official |
20 | | apprehend a person who has perpetrated a crime of
violence or |
21 | | prevent the perpetration of any such crime if that
assistance |
22 | | was in response to the express request of the law enforcement
|
23 | | official, (5) a person who personally
witnessed a violent |
24 | | crime, (5.05) a person who will be called as a witness by the |
25 | | prosecution to establish a necessary nexus between the |
26 | | offender and the violent crime, (5.1) solely
for the purpose |
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1 | | of compensating for pecuniary loss incurred for
psychological |
2 | | treatment of a mental or emotional condition caused or |
3 | | aggravated
by the crime, any other person under the age of 18 |
4 | | who is the brother, sister,
half brother, or half sister
of a |
5 | | person killed or injured in
this State as a
result of a crime |
6 | | of violence, (6) an Illinois resident
who is a victim of a |
7 | | "crime of violence" as defined in this Act except, if
the crime |
8 | | occurred outside this State, the resident has the same rights
|
9 | | under this Act as if the crime had occurred in this State upon |
10 | | a showing
that the state, territory, country, or political |
11 | | subdivision of a country
in which the crime occurred does not |
12 | | have a compensation of victims of
crimes law for which that |
13 | | Illinois resident is eligible, (7) a deceased person whose |
14 | | body is dismembered or whose remains are desecrated as the |
15 | | result of a crime of violence, or (8) solely for the purpose of |
16 | | compensating for pecuniary loss incurred for psychological |
17 | | treatment of a mental or emotional condition caused or |
18 | | aggravated by the crime, any parent, spouse, or child under |
19 | | the age of 18 of a deceased person whose body is dismembered or |
20 | | whose remains are desecrated as the result of a crime of |
21 | | violence.
|
22 | | (e) "Dependent" means a relative of a deceased victim who |
23 | | was wholly or
partially dependent upon the victim's income at |
24 | | the time of his or her
death
and shall include the child of a |
25 | | victim born after his or her death.
|
26 | | (f) "Relative" means a spouse, parent, grandparent, |
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1 | | stepfather, stepmother,
child, grandchild, brother, |
2 | | brother-in-law, sister, sister-in-law, half
brother, half |
3 | | sister, spouse's parent, nephew, niece, uncle, aunt, or anyone |
4 | | living in the household of a person killed or injured in a |
5 | | relationship that is substantially similar to that of a |
6 | | parent, spouse, or child.
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7 | | (g) "Child" means a son or daughter and includes a |
8 | | stepchild, an adopted child or a child born out of wedlock.
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9 | | (h) "Pecuniary loss" means, in the case of injury, |
10 | | appropriate medical
expenses and hospital expenses including |
11 | | expenses of medical
examinations, rehabilitation, medically |
12 | | required
nursing care expenses, appropriate
psychiatric care |
13 | | or psychiatric counseling expenses, appropriate expenses for |
14 | | care or
counseling by a licensed clinical psychologist, |
15 | | licensed clinical social
worker, licensed professional |
16 | | counselor, or licensed clinical professional counselor and |
17 | | expenses for treatment by Christian Science practitioners and
|
18 | | nursing care appropriate thereto; transportation expenses to |
19 | | and from medical and counseling treatment facilities; |
20 | | prosthetic appliances, eyeglasses, and
hearing aids necessary |
21 | | or damaged as a result of the
crime; costs associated with |
22 | | trafficking tattoo removal by a person authorized or licensed |
23 | | to perform the specific removal procedure; replacement costs |
24 | | for clothing and bedding used as evidence; costs
associated |
25 | | with temporary lodging or relocation necessary as a
result of |
26 | | the crime, including, but not limited to, the first month's |
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1 | | rent and security deposit of the dwelling that the claimant |
2 | | relocated to and other reasonable relocation expenses incurred |
3 | | as a result of the violent crime;
locks or windows necessary or |
4 | | damaged as a result of the crime; the purchase,
lease, or |
5 | | rental of equipment necessary to create usability of and
|
6 | | accessibility to the victim's real and personal property, or |
7 | | the real and
personal property which is used by the victim, |
8 | | necessary as a result of the
crime; the costs of appropriate |
9 | | crime scene clean-up;
replacement
services loss, to a maximum |
10 | | of $1,250 per month;
dependents replacement
services loss, to |
11 | | a maximum of $1,250 per month; loss of tuition paid to
attend |
12 | | grammar school or high school when the victim had been |
13 | | enrolled as a
student prior to the injury, or college or |
14 | | graduate school when
the victim had been enrolled as a day or |
15 | | night student prior to
the injury when the victim becomes |
16 | | unable to continue attendance at school
as a result of the |
17 | | crime of violence perpetrated against him or her; loss
of
|
18 | | earnings, loss of future earnings because of disability |
19 | | resulting from the
injury, and, in addition, in the case of |
20 | | death, expenses for funeral, burial, and travel and transport |
21 | | for survivors
of homicide victims to secure bodies of deceased |
22 | | victims and to transport
bodies for burial all of which
may be |
23 | | awarded up to a maximum of $10,000 and loss of support of the |
24 | | dependents of
the victim; in the case of dismemberment or |
25 | | desecration of a body, expenses for funeral and burial, all of |
26 | | which may be awarded up to a maximum of $10,000.
Loss of future |
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1 | | earnings shall be reduced by any income from substitute work
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2 | | actually performed by the victim or by income he or she would |
3 | | have earned
in
available appropriate substitute work he or she |
4 | | was capable of performing
but
unreasonably failed to |
5 | | undertake. Loss of earnings, loss of future
earnings and loss |
6 | | of support shall be determined on the basis of the
victim's |
7 | | average net monthly earnings for the 6 months immediately
|
8 | | preceding the date of the injury or on $2,400 per month, |
9 | | whichever is less or, in cases where the absences commenced |
10 | | more than 3 years from the date of the crime, on the basis of |
11 | | the net monthly earnings for the 6 months immediately |
12 | | preceding the date of the first absence, not to exceed $2,400 |
13 | | per month.
If a divorced or legally separated applicant is |
14 | | claiming loss of support
for a minor child of the deceased, the |
15 | | amount of support for each child
shall be based either on the |
16 | | amount of support
pursuant to the judgment prior to the date of |
17 | | the deceased
victim's injury or death, or, if the subject of |
18 | | pending litigation filed by
or on behalf of the divorced or |
19 | | legally separated applicant prior to the
injury or death, on |
20 | | the result of that litigation. Real and personal
property |
21 | | includes, but is not limited to, vehicles, houses, apartments,
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22 | | town houses, or condominiums. Pecuniary loss does not
include |
23 | | pain and suffering or property loss or damage.
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24 | | The changes made to this subsection by this amendatory Act |
25 | | of the 101st General Assembly apply to actions commenced or |
26 | | pending on or after January 1, 2022. |
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1 | | (i) "Replacement services loss" means expenses reasonably |
2 | | incurred in
obtaining ordinary and necessary services in lieu |
3 | | of those the
injured person would have performed, not for |
4 | | income, but for the benefit
of himself or herself or his or her |
5 | | family, if he or she had not
been injured.
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6 | | (j) "Dependents replacement services loss" means loss |
7 | | reasonably incurred
by dependents or private legal guardians |
8 | | of minor dependents after a victim's death in obtaining |
9 | | ordinary and necessary
services in lieu of those the victim |
10 | | would have performed, not for income,
but for their benefit, |
11 | | if he or she had not been fatally injured.
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12 | | (k) "Survivor" means immediate family including a parent, |
13 | | stepfather, stepmother, child,
brother, sister, or spouse.
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14 | | (l) "Parent" means a natural parent, adopted parent, |
15 | | stepparent, or permanent legal guardian of another person. |
16 | | (m) "Trafficking tattoo" is a tattoo which is applied to a |
17 | | victim in connection with the commission of a violation of |
18 | | Section 10-9 of the Criminal Code of 2012. |
19 | | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21; |
20 | | 102-27, eff. 6-25-21.)
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21 | | Section 155. The Automotive Collision Repair Act is |
22 | | amended by changing Sections 10 and 30 as follows:
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23 | | (815 ILCS 308/10)
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24 | | Sec. 10. Definitions. As used in this Act:
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1 | | "Automotive collision and body repair" means all repairs |
2 | | that are commonly
performed by a
body repair technician to |
3 | | restore a motor vehicle damaged in a crash an accident or
|
4 | | collision to a
condition
similar to
the motor vehicle |
5 | | condition
prior to the damage or deterioration including, but |
6 | | not limited to, the
diagnosis,
installation, exchange,
repair, |
7 | | or refinishing of exterior body panels, trim, lighting, and
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8 | | structural chassis.
The term does not include commercial fleet |
9 | | repair or
maintenance
transactions involving 2 or more motor |
10 | | vehicles or ongoing service or
maintenance
contracts involving
|
11 | | motor vehicles used primarily for business purposes.
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12 | | "Automotive collision and body repair facility" means a |
13 | | person, firm,
association, or
corporation that for |
14 | | compensation engages in the business of cosmetic repair,
|
15 | | structural
repair, or refinishing of motor vehicles with |
16 | | defect related to crash accident or
collision.
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17 | | "New part" means a part or component manufactured or |
18 | | supplied by the original
motor vehicle
manufacturer in an |
19 | | unused condition.
|
20 | | "Used part" means an original motor vehicle manufacturer |
21 | | part or component
removed from
a motor vehicle of similar |
22 | | make, model, and condition without the benefit of
being
|
23 | | rebuilt or
remanufactured.
|
24 | | "Rebuilt part" or "reconditioned part" means a used part |
25 | | that has been
inspected and
remanufactured to restore |
26 | | functionality and performance.
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1 | | "Aftermarket part" means a new part that is not |
2 | | manufactured or supplied by
the original
motor vehicle |
3 | | manufacturer for addition to, or replacement of, exterior body
|
4 | | panel
or trim.
|
5 | | (Source: P.A. 93-565, eff. 1-1-04.)
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6 | | (815 ILCS 308/30)
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7 | | Sec. 30. Consumers authorizations of repairs or other |
8 | | actions. After
receiving the
estimate, the owner or the |
9 | | owner's agent may (i) authorize the repairs at the
estimate of |
10 | | cost and
time in writing, or (ii) request the return of the
|
11 | | motor vehicle in a
disassembled state. If the consumer elects |
12 | | the
return of the motor
vehicle in a disassembled or partially |
13 | | repaired state, the consumer may also
request the return of
|
14 | | all parts that were removed during disassembly or repair with |
15 | | the exception of
parts that were
damaged in a crash an accident |
16 | | or collision to the extent that retention by the
collision |
17 | | repair
facility was not
feasible. The collision repair |
18 | | facility shall make the motor vehicle
available for possession |
19 | | within 3 working days after the time of
request.
The collision |
20 | | repair facility may receive payment for only those items on |
21 | | the
schedule of charges to which the facility is entitled.
|
22 | | (Source: P.A. 93-565, eff. 1-1-04.)
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23 | | Section 995. No acceleration or delay. Where this Act |
24 | | makes changes in a statute that is represented in this Act by |
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1 | | text that is not yet or no longer in effect (for example, a |
2 | | Section represented by multiple versions), the use of that |
3 | | text does not accelerate or delay the taking effect of (i) the |
4 | | changes made by this Act or (ii) provisions derived from any |
5 | | other Public Act.
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6 | | Section 999. Effective date. This Act takes effect July 1, |
7 | | 2023.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 140/7 | from Ch. 116, par. 207 | | 4 | | 5 ILCS 350/2 | from Ch. 127, par. 1302 | | 5 | | 15 ILCS 335/11A | | | 6 | | 20 ILCS 2705/2705-210 | was 20 ILCS 2705/49.15 | | 7 | | 20 ILCS 2705/2705-317 | | | 8 | | 20 ILCS 2910/1 | from Ch. 127 1/2, par. 501 | | 9 | | 40 ILCS 5/1-108 | from Ch. 108 1/2, par. 1-108 | | 10 | | 50 ILCS 705/7 | | | 11 | | 50 ILCS 709/5-5 | | | 12 | | 50 ILCS 727/1-5 | | | 13 | | 50 ILCS 727/1-10 | | | 14 | | 55 ILCS 5/3-3013 | from Ch. 34, par. 3-3013 | | 15 | | 55 ILCS 5/5-1182 | | | 16 | | 65 ILCS 5/11-80-9 | from Ch. 24, par. 11-80-9 | | 17 | | 215 ILCS 5/143.01 | from Ch. 73, par. 755.01 | | 18 | | 215 ILCS 5/143.19 | from Ch. 73, par. 755.19 | | 19 | | 215 ILCS 5/143.19.1 | from Ch. 73, par. 755.19.1 | | 20 | | 215 ILCS 5/143.19.3 | | | 21 | | 215 ILCS 5/143.24b | from Ch. 73, par. 755.24b | | 22 | | 215 ILCS 5/143.29 | from Ch. 73, par. 755.29 | | 23 | | 215 ILCS 5/143.32 | | | 24 | | 215 ILCS 5/143a | from Ch. 73, par. 755a | | 25 | | 215 ILCS 5/143a-2 | from Ch. 73, par. 755a-2 | |
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| 1 | | 225 ILCS 10/5.1 | from Ch. 23, par. 2215.1 | | 2 | | 235 ILCS 5/6-29.1 | | | 3 | | 410 ILCS 53/5 | | | 4 | | 410 ILCS 130/5 | | | 5 | | 425 ILCS 7/5 | | | 6 | | 510 ILCS 92/5 | | | 7 | | 605 ILCS 5/1-102 | from Ch. 121, par. 1-102 | | 8 | | 605 ILCS 10/19.1 | | | 9 | | 605 ILCS 125/23.1 | | | 10 | | 625 ILCS 5/1-146.5 | | | 11 | | 625 ILCS 5/1-159.2 | | | 12 | | 625 ILCS 5/1-164.5 | | | 13 | | 625 ILCS 5/1-187.001 | | | 14 | | 625 ILCS 5/1-197.6 | | | 15 | | 625 ILCS 5/2-118.1 | from Ch. 95 1/2, par. 2-118.1 | | 16 | | 625 ILCS 5/2-123 | from Ch. 95 1/2, par. 2-123 | | 17 | | 625 ILCS 5/4-203 | from Ch. 95 1/2, par. 4-203 | | 18 | | 625 ILCS 5/5-101 | from Ch. 95 1/2, par. 5-101 | | 19 | | 625 ILCS 5/5-101.1 | | | 20 | | 625 ILCS 5/5-102 | from Ch. 95 1/2, par. 5-102 | | 21 | | 625 ILCS 5/5-102.8 | | | 22 | | 625 ILCS 5/6-101 | from Ch. 95 1/2, par. 6-101 | | 23 | | 625 ILCS 5/6-106.1 | from Ch. 95 1/2, par. 6-106.1 | | 24 | | 625 ILCS 5/6-106.1a | | | 25 | | 625 ILCS 5/6-106.2 | from Ch. 95 1/2, par. 6-106.2 | | 26 | | 625 ILCS 5/6-106.3 | from Ch. 95 1/2, par. 6-106.3 | |
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| 1 | | 625 ILCS 5/6-106.4 | from Ch. 95 1/2, par. 6-106.4 | | 2 | | 625 ILCS 5/6-107 | from Ch. 95 1/2, par. 6-107 | | 3 | | 625 ILCS 5/6-107.5 | | | 4 | | 625 ILCS 5/6-108.1 | | | 5 | | 625 ILCS 5/6-113 | from Ch. 95 1/2, par. 6-113 | | 6 | | 625 ILCS 5/6-117 | from Ch. 95 1/2, par. 6-117 | | 7 | | 625 ILCS 5/6-117.2 | | | 8 | | 625 ILCS 5/6-201 | | | 9 | | 625 ILCS 5/6-205 | | | 10 | | 625 ILCS 5/6-206 | | | 11 | | 625 ILCS 5/6-208.1 | from Ch. 95 1/2, par. 6-208.1 | | 12 | | 625 ILCS 5/6-303 | from Ch. 95 1/2, par. 6-303 | | 13 | | 625 ILCS 5/6-402 | from Ch. 95 1/2, par. 6-402 | | 14 | | 625 ILCS 5/6-420 | from Ch. 95 1/2, par. 6-420 | | 15 | | 625 ILCS 5/6-500 | from Ch. 95 1/2, par. 6-500 | | 16 | | 625 ILCS 5/6-500.2 | from Ch. 95 1/2, par. 6-500.2 | | 17 | | 625 ILCS 5/6-514 | from Ch. 95 1/2, par. 6-514 | | 18 | | 625 ILCS 5/6-516 | from Ch. 95 1/2, par. 6-516 | | 19 | | 625 ILCS 5/6-703 | from Ch. 95 1/2, par. 6-703 | | 20 | | 625 ILCS 5/6-1002 | | | 21 | | 625 ILCS 5/6-1004 | | | 22 | | 625 ILCS 5/6-1009 | | | 23 | | 625 ILCS 5/Ch. 7 Art. II | 24 | | heading | | | 25 | | 625 ILCS 5/7-201 | from Ch. 95 1/2, par. 7-201 | | 26 | | 625 ILCS 5/7-201.1 | from Ch. 95 1/2, par. 7-201.1 | |
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| 1 | | 625 ILCS 5/7-201.2 | from Ch. 95 1/2, par. 7-201.2 | | 2 | | 625 ILCS 5/7-202 | from Ch. 95 1/2, par. 7-202 | | 3 | | 625 ILCS 5/7-203 | from Ch. 95 1/2, par. 7-203 | | 4 | | 625 ILCS 5/7-204 | from Ch. 95 1/2, par. 7-204 | | 5 | | 625 ILCS 5/7-208 | from Ch. 95 1/2, par. 7-208 | | 6 | | 625 ILCS 5/7-209 | from Ch. 95 1/2, par. 7-209 | | 7 | | 625 ILCS 5/7-211 | from Ch. 95 1/2, par. 7-211 | | 8 | | 625 ILCS 5/7-212 | from Ch. 95 1/2, par. 7-212 | | 9 | | 625 ILCS 5/7-214 | from Ch. 95 1/2, par. 7-214 | | 10 | | 625 ILCS 5/7-216 | from Ch. 95 1/2, par. 7-216 | | 11 | | 625 ILCS 5/7-303 | from Ch. 95 1/2, par. 7-303 | | 12 | | 625 ILCS 5/7-309 | from Ch. 95 1/2, par. 7-309 | | 13 | | 625 ILCS 5/7-310 | from Ch. 95 1/2, par. 7-310 | | 14 | | 625 ILCS 5/7-311 | from Ch. 95 1/2, par. 7-311 | | 15 | | 625 ILCS 5/7-316 | from Ch. 95 1/2, par. 7-316 | | 16 | | 625 ILCS 5/7-317 | from Ch. 95 1/2, par. 7-317 | | 17 | | 625 ILCS 5/7-328 | from Ch. 95 1/2, par. 7-328 | | 18 | | 625 ILCS 5/7-329 | from Ch. 95 1/2, par. 7-329 | | 19 | | 625 ILCS 5/7-502 | from Ch. 95 1/2, par. 7-502 | | 20 | | 625 ILCS 5/7-504 | | | 21 | | 625 ILCS 5/7-604 | from Ch. 95 1/2, par. 7-604 | | 22 | | 625 ILCS 5/9-105 | from Ch. 95 1/2, par. 9-105 | | 23 | | 625 ILCS 5/10-201 | from Ch. 95 1/2, par. 10-201 | | 24 | | 625 ILCS 5/11-208.6 | | | 25 | | 625 ILCS 5/11-208.9 | | |
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| 1 | | 625 ILCS 5/Ch. 11 Art. IV | 2 | | heading | | | 3 | | 625 ILCS 5/11-401 | from Ch. 95 1/2, par. 11-401 | | 4 | | 625 ILCS 5/11-402 | from Ch. 95 1/2, par. 11-402 | | 5 | | 625 ILCS 5/11-403 | from Ch. 95 1/2, par. 11-403 | | 6 | | 625 ILCS 5/11-404 | from Ch. 95 1/2, par. 11-404 | | 7 | | 625 ILCS 5/11-407 | from Ch. 95 1/2, par. 11-407 | | 8 | | 625 ILCS 5/11-408 | from Ch. 95 1/2, par. 11-408 | | 9 | | 625 ILCS 5/11-409 | from Ch. 95 1/2, par. 11-409 | | 10 | | 625 ILCS 5/11-411 | from Ch. 95 1/2, par. 11-411 | | 11 | | 625 ILCS 5/11-412 | from Ch. 95 1/2, par. 11-412 | | 12 | | 625 ILCS 5/11-413 | from Ch. 95 1/2, par. 11-413 | | 13 | | 625 ILCS 5/11-414 | from Ch. 95 1/2, par. 11-414 | | 14 | | 625 ILCS 5/11-415 | from Ch. 95 1/2, par. 11-415 | | 15 | | 625 ILCS 5/11-416 | from Ch. 95 1/2, par. 11-416 | | 16 | | 625 ILCS 5/11-417 | | | 17 | | 625 ILCS 5/11-501 | from Ch. 95 1/2, par. 11-501 | | 18 | | 625 ILCS 5/11-501.1 | | | 19 | | 625 ILCS 5/11-501.2 | from Ch. 95 1/2, par. 11-501.2 | | 20 | | 625 ILCS 5/11-501.4-1 | | | 21 | | 625 ILCS 5/11-501.6 | from Ch. 95 1/2, par. 11-501.6 | | 22 | | 625 ILCS 5/11-501.7 | from Ch. 95 1/2, par. 11-501.7 | | 23 | | 625 ILCS 5/11-501.8 | | | 24 | | 625 ILCS 5/11-506 | | | 25 | | 625 ILCS 5/11-610 | from Ch. 95 1/2, par. 11-610 | | 26 | | 625 ILCS 5/11-1431 | | |
| | | HB5496 Enrolled | - 641 - | LRB102 25260 LNS 34533 b |
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| 1 | | 625 ILCS 5/12-215 | from Ch. 95 1/2, par. 12-215 | | 2 | | 625 ILCS 5/12-604.1 | | | 3 | | 625 ILCS 5/12-610.1 | | | 4 | | 625 ILCS 5/12-610.2 | | | 5 | | 625 ILCS 5/12-707.01 | from Ch. 95 1/2, par. 12-707.01 | | 6 | | 625 ILCS 5/13-109 | from Ch. 95 1/2, par. 13-109 | | 7 | | 625 ILCS 5/13-111 | from Ch. 95 1/2, par. 13-111 | | 8 | | 625 ILCS 5/15-301 | from Ch. 95 1/2, par. 15-301 | | 9 | | 625 ILCS 5/16-108 | | | 10 | | 625 ILCS 5/18a-301 | from Ch. 95 1/2, par. 18a-301 | | 11 | | 625 ILCS 5/18b-105 | from Ch. 95 1/2, par. 18b-105 | | 12 | | 625 ILCS 5/18b-108 | from Ch. 95 1/2, par. 18b-108 | | 13 | | 625 ILCS 5/18c-6502 | from Ch. 95 1/2, par. 18c-6502 | | 14 | | 625 ILCS 5/18c-7402 | from Ch. 95 1/2, par. 18c-7402 | | 15 | | 625 ILCS 5/20-202 | from Ch. 95 1/2, par. 20-202 | | 16 | | 625 ILCS 5/20-205 new | | | 17 | | 625 ILCS 25/2 | from Ch. 95 1/2, par. 1102 | | 18 | | 625 ILCS 27/5 | | | 19 | | 625 ILCS 57/10 | | | 20 | | 720 ILCS 5/3-5 | from Ch. 38, par. 3-5 | | 21 | | 720 ILCS 5/12C-60 | | | 22 | | 720 ILCS 5/36-1 | from Ch. 38, par. 36-1 | | 23 | | 725 ILCS 5/102-7.1 | | | 24 | | 725 ILCS 120/3 | from Ch. 38, par. 1403 | | 25 | | 730 ILCS 5/5-5-3.2 | | | 26 | | 730 ILCS 5/5-8-4 | from Ch. 38, par. 1005-8-4 | |
| | | HB5496 Enrolled | - 642 - | LRB102 25260 LNS 34533 b |
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