Bill Text: IL HB4820 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Vehicle Code and Criminal Code of 1961. Provides that in addition to existing requirements, applicants for a school bus driver permit must not have been convicted of aggravated reckless driving or driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof (rather than driving while intoxicated). Deletes a requirement that the Secretary of State forward a certified copy of the record of such action to the motor vehicle administrator in the State where such person resides when a nonresident's operating privilege is suspended or revoked. Renames "driver exam training school" as "driver training school" in the Illinois Vehicle Code and Criminal Code of 1961. Changes the definition of "medical examiner" or "medical practitioner" in the Driver's License Medical Review Law of 1992 to include any person licensed to practice medicine in all its branches in the State of Illinois or any other state (rather than just the State of Illinois). Makes other technical changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-07-02 - Public Act . . . . . . . . . 96-0962 [HB4820 Detail]
Download: Illinois-2009-HB4820-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 6-103, 6-106.1, and 6-202 and the heading of Article | ||||||
6 | IV Ch. 6 and Sections 6-401, 6-402, 6-403, 6-404, 6-405, 6-406, | ||||||
7 | 6-407, 6-408, 6-408.5, 6-409, 6-410, 6-411, 6-412, 6-413, | ||||||
8 | 6-414, 6-415, 6-416, 6-417, 6-419, 6-420, 6-422, 6-901, and | ||||||
9 | 11-1301.3 as follows:
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10 | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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11 | Sec. 6-103. What persons shall not be licensed as drivers | ||||||
12 | or granted
permits. The Secretary of State shall not issue, | ||||||
13 | renew, or
allow the retention of any driver's
license nor issue | ||||||
14 | any permit under this Code:
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15 | 1. To any person, as a driver, who is under the age of | ||||||
16 | 18 years except
as provided in Section 6-107, and except | ||||||
17 | that an instruction permit may be
issued under Section | ||||||
18 | 6-107.1 to a child who
is not less than 15 years of age if | ||||||
19 | the child is enrolled in an approved
driver education | ||||||
20 | course as defined in Section 1-103 of this Code and
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21 | requires an instruction permit to participate therein, | ||||||
22 | except that an
instruction permit may be issued under the | ||||||
23 | provisions of Section 6-107.1
to a child who is 17 years |
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1 | and 3 months of age without the child having
enrolled in an
| ||||||
2 | approved driver education course and except that an
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3 | instruction permit may be issued to a child who is at least | ||||||
4 | 15 years and 3
months of age, is enrolled in school, meets | ||||||
5 | the educational requirements of
the Driver Education Act, | ||||||
6 | and has passed examinations the Secretary of State in
his | ||||||
7 | or her discretion may prescribe;
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8 | 2. To any person who is under the age of 18 as an | ||||||
9 | operator of a motorcycle
other than a motor driven cycle | ||||||
10 | unless the person has, in addition to
meeting the | ||||||
11 | provisions of Section 6-107 of this Code, successfully
| ||||||
12 | completed a motorcycle
training course approved by the | ||||||
13 | Illinois Department of Transportation and
successfully | ||||||
14 | completes the required Secretary of State's motorcycle | ||||||
15 | driver's
examination;
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16 | 3. To any person, as a driver, whose driver's license | ||||||
17 | or permit has been
suspended, during the suspension, nor to | ||||||
18 | any person whose driver's license or
permit has been | ||||||
19 | revoked, except as provided in Sections 6-205, 6-206, and
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20 | 6-208;
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21 | 4. To any person, as a driver, who is a user of alcohol | ||||||
22 | or any other
drug to a degree that renders the person | ||||||
23 | incapable of safely driving a motor
vehicle;
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24 | 5. To any person, as a driver, who has previously been | ||||||
25 | adjudged to be
afflicted with or suffering from any mental | ||||||
26 | or physical disability or disease
and who has not at the |
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1 | time of application been restored to competency by the
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2 | methods provided by law;
| ||||||
3 | 6. To any person, as a driver, who is required by the | ||||||
4 | Secretary of State
to submit an alcohol and drug evaluation | ||||||
5 | or take an examination provided
for in this Code unless the | ||||||
6 | person has
successfully passed the examination and | ||||||
7 | submitted any required evaluation;
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8 | 7. To any person who is required under the provisions | ||||||
9 | of the laws of
this State to deposit security or proof of | ||||||
10 | financial responsibility and who
has not deposited the | ||||||
11 | security or proof;
| ||||||
12 | 8. To any person when the Secretary of State has good | ||||||
13 | cause to believe
that the person by reason of physical or | ||||||
14 | mental disability would not be
able to safely operate a | ||||||
15 | motor vehicle upon the highways, unless the
person shall | ||||||
16 | furnish to the Secretary of State a verified written
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17 | statement, acceptable to the Secretary of State, from a | ||||||
18 | competent medical
specialist to the effect that the | ||||||
19 | operation of a motor vehicle by the
person would not be | ||||||
20 | inimical to the public safety;
| ||||||
21 | 9. To any person, as a driver, who is 69 years of age | ||||||
22 | or older, unless
the person has successfully complied with | ||||||
23 | the provisions of Section 6-109;
| ||||||
24 | 10. To any person convicted, within 12 months of | ||||||
25 | application for a
license, of any of the sexual offenses | ||||||
26 | enumerated in paragraph 2 of subsection
(b) of Section |
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| |||||||
1 | 6-205;
| ||||||
2 | 11. To any person who is under the age of 21 years with | ||||||
3 | a classification
prohibited in paragraph (b) of Section | ||||||
4 | 6-104 and to any person who is under
the age of 18 years | ||||||
5 | with a classification prohibited in paragraph (c) of
| ||||||
6 | Section 6-104;
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7 | 12. To any person who has been either convicted of or | ||||||
8 | adjudicated under
the Juvenile Court Act of 1987 based upon | ||||||
9 | a violation of the Cannabis Control
Act, the Illinois | ||||||
10 | Controlled Substances Act, or the Methamphetamine Control | ||||||
11 | and Community Protection Act while that person was in | ||||||
12 | actual
physical control of a motor vehicle. For purposes of | ||||||
13 | this Section, any person
placed on probation under Section | ||||||
14 | 10 of the Cannabis Control Act, Section 410
of the Illinois | ||||||
15 | Controlled Substances Act, or Section 70 of the | ||||||
16 | Methamphetamine Control and Community Protection Act shall | ||||||
17 | not be considered convicted.
Any person found guilty of | ||||||
18 | this offense, while in actual physical control of a
motor | ||||||
19 | vehicle, shall have an entry made in the court record by | ||||||
20 | the judge that
this offense did occur while the person was | ||||||
21 | in actual physical control of a
motor vehicle and order the | ||||||
22 | clerk of the court to report the violation to the
Secretary | ||||||
23 | of State as such. The Secretary of State shall not issue a | ||||||
24 | new
license or permit for a period of one year;
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25 | 13. To any person who is under the age of 18 years and | ||||||
26 | who has committed
the offense
of operating a motor vehicle |
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1 | without a valid license or permit in violation of
Section | ||||||
2 | 6-101 or a similar out of state offense;
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3 | 14. To any person who is
90 days or more
delinquent in | ||||||
4 | court ordered child support
payments or has been | ||||||
5 | adjudicated in arrears
in an amount equal to 90 days' | ||||||
6 | obligation or more
and who has been found in contempt
of
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7 | court for failure to pay the support, subject to the | ||||||
8 | requirements and
procedures of Article VII of Chapter 7 of
| ||||||
9 | the Illinois Vehicle Code;
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10 | 14.5. To any person certified by the Illinois | ||||||
11 | Department of Healthcare and Family Services as being 90 | ||||||
12 | days or more delinquent in payment of support under an | ||||||
13 | order of support entered by a court or administrative body | ||||||
14 | of this or any other State, subject to the requirements and | ||||||
15 | procedures of Article VII of Chapter 7 of this Code | ||||||
16 | regarding those certifications;
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17 | 15. To any person released from a term of imprisonment | ||||||
18 | for violating
Section 9-3 of the Criminal Code of 1961 or a | ||||||
19 | similar provision of a law of another state relating to | ||||||
20 | reckless homicide or for violating subparagraph (F) of | ||||||
21 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
22 | Code relating to aggravated driving under the influence of | ||||||
23 | alcohol, other drug or drugs, intoxicating compound or | ||||||
24 | compounds, or any combination thereof, if the violation was | ||||||
25 | the proximate cause of a death, within
24 months of release | ||||||
26 | from a term of imprisonment;
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1 | 16. To any person who, with intent to influence any act | ||||||
2 | related to the issuance of any driver's license or permit, | ||||||
3 | by an employee of the Secretary of State's Office, or the | ||||||
4 | owner or employee of any commercial driver exam training | ||||||
5 | school licensed by the Secretary of State, or any other | ||||||
6 | individual authorized by the laws of this State to give | ||||||
7 | driving instructions or administer all or part of a | ||||||
8 | driver's license examination, promises or tenders to that | ||||||
9 | person any property or personal advantage which that person | ||||||
10 | is not authorized by law to accept. Any persons promising | ||||||
11 | or tendering such property or personal advantage shall be | ||||||
12 | disqualified from holding any class of driver's license or | ||||||
13 | permit for 120 consecutive days. The Secretary of State | ||||||
14 | shall establish by rule the procedures for implementing | ||||||
15 | this period of disqualification and the procedures by which | ||||||
16 | persons so disqualified may obtain administrative review | ||||||
17 | of the decision to disqualify;
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18 | 17. To any person for whom the Secretary of State | ||||||
19 | cannot verify the
accuracy of any information or | ||||||
20 | documentation submitted in application for a
driver's | ||||||
21 | license; or
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22 | 18. To any person who has been adjudicated under the | ||||||
23 | Juvenile Court Act of 1987 based upon an offense that is | ||||||
24 | determined by the court to have been committed in | ||||||
25 | furtherance of the criminal activities of an organized | ||||||
26 | gang, as provided in Section 5-710 of that Act, and that |
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1 | involved the operation or use of a motor vehicle or the use | ||||||
2 | of a driver's license or permit. The person shall be denied | ||||||
3 | a license or permit for the period determined by the court.
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4 | The Secretary of State shall retain all conviction
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5 | information, if the information is required to be held | ||||||
6 | confidential under
the Juvenile Court Act of 1987. | ||||||
7 | (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-685, | ||||||
8 | eff. 6-23-07; 95-876, eff. 8-21-08; 96-607, eff. 8-24-09; | ||||||
9 | 96-740, eff. 1-1-10; revised 9-15-09.)
| ||||||
10 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1) | ||||||
11 | Sec. 6-106.1. School bus driver permit.
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12 | (a) The Secretary of State shall issue a school bus driver
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13 | permit to those applicants who have met all the requirements of | ||||||
14 | the
application and screening process under this Section to | ||||||
15 | insure the
welfare and safety of children who are transported | ||||||
16 | on school buses
throughout the State of Illinois. Applicants | ||||||
17 | shall obtain the
proper application required by the Secretary | ||||||
18 | of State from their
prospective or current employer and submit | ||||||
19 | the completed
application to the prospective or current | ||||||
20 | employer along
with the necessary fingerprint submission as | ||||||
21 | required by the
Department of
State Police to conduct | ||||||
22 | fingerprint based criminal background
checks on current and | ||||||
23 | future information available in the state
system and current | ||||||
24 | information available through the Federal Bureau
of | ||||||
25 | Investigation's system. Applicants who have completed the
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1 | fingerprinting requirements shall not be subjected to the
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2 | fingerprinting process when applying for subsequent permits or
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3 | submitting proof of successful completion of the annual | ||||||
4 | refresher
course. Individuals who on the effective date of this | ||||||
5 | Act possess a valid
school bus driver permit that has been | ||||||
6 | previously issued by the appropriate
Regional School | ||||||
7 | Superintendent are not subject to the fingerprinting
| ||||||
8 | provisions of this Section as long as the permit remains valid | ||||||
9 | and does not
lapse. The applicant shall be required to pay all | ||||||
10 | related
application and fingerprinting fees as established by | ||||||
11 | rule
including, but not limited to, the amounts established by | ||||||
12 | the Department of
State Police and the Federal Bureau of | ||||||
13 | Investigation to process
fingerprint based criminal background | ||||||
14 | investigations. All fees paid for
fingerprint processing | ||||||
15 | services under this Section shall be deposited into the
State | ||||||
16 | Police Services Fund for the cost incurred in processing the | ||||||
17 | fingerprint
based criminal background investigations. All | ||||||
18 | other fees paid under this
Section shall be deposited into the | ||||||
19 | Road
Fund for the purpose of defraying the costs of the | ||||||
20 | Secretary of State in
administering this Section. All | ||||||
21 | applicants must:
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22 | 1. be 21 years of age or older;
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23 | 2. possess a valid and properly classified driver's | ||||||
24 | license
issued by the Secretary of State;
| ||||||
25 | 3. possess a valid driver's license, which has not been
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26 | revoked, suspended, or canceled for 3 years immediately |
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1 | prior to
the date of application, or have not had his or | ||||||
2 | her commercial motor vehicle
driving privileges
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3 | disqualified within the 3 years immediately prior to the | ||||||
4 | date of application;
| ||||||
5 | 4. successfully pass a written test, administered by | ||||||
6 | the
Secretary of State, on school bus operation, school bus | ||||||
7 | safety, and
special traffic laws relating to school buses | ||||||
8 | and submit to a review
of the applicant's driving habits by | ||||||
9 | the Secretary of State at the time the
written test is | ||||||
10 | given;
| ||||||
11 | 5. demonstrate ability to exercise reasonable care in | ||||||
12 | the operation of
school buses in accordance with rules | ||||||
13 | promulgated by the Secretary of State;
| ||||||
14 | 6. demonstrate physical fitness to operate school | ||||||
15 | buses by
submitting the results of a medical examination, | ||||||
16 | including tests for drug
use for each applicant not subject | ||||||
17 | to such testing pursuant to
federal law, conducted by a | ||||||
18 | licensed physician, an advanced practice nurse
who has a | ||||||
19 | written collaborative agreement with
a collaborating | ||||||
20 | physician which authorizes him or her to perform medical
| ||||||
21 | examinations, or a physician assistant who has been | ||||||
22 | delegated the
performance of medical examinations by his or | ||||||
23 | her supervising physician
within 90 days of the date
of | ||||||
24 | application according to standards promulgated by the | ||||||
25 | Secretary of State;
| ||||||
26 | 7. affirm under penalties of perjury that he or she has |
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1 | not made a
false statement or knowingly concealed a | ||||||
2 | material fact
in any application for permit;
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3 | 8. have completed an initial classroom course, | ||||||
4 | including first aid
procedures, in school bus driver safety | ||||||
5 | as promulgated by the Secretary of
State; and after | ||||||
6 | satisfactory completion of said initial course an annual
| ||||||
7 | refresher course; such courses and the agency or | ||||||
8 | organization conducting such
courses shall be approved by | ||||||
9 | the Secretary of State; failure to
complete the annual | ||||||
10 | refresher course, shall result in
cancellation of the | ||||||
11 | permit until such course is completed;
| ||||||
12 | 9. not have been convicted of 2 or more serious traffic | ||||||
13 | offenses, as
defined by rule, within one year prior to the | ||||||
14 | date of application that may
endanger the life or safety of | ||||||
15 | any of the driver's passengers within the
duration of the | ||||||
16 | permit period;
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17 | 10. not have been convicted of reckless driving, | ||||||
18 | aggravated reckless driving, driving while
under the | ||||||
19 | influence of alcohol, other drug or drugs, intoxicating | ||||||
20 | compound or compounds or any combination thereof | ||||||
21 | intoxicated , or reckless homicide resulting from the | ||||||
22 | operation of a motor
vehicle within 3 years of the date of | ||||||
23 | application;
| ||||||
24 | 11. not have been convicted of committing or attempting
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25 | to commit any
one or more of the following offenses: (i) | ||||||
26 | those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, |
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1 | 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, | ||||||
2 | 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, | ||||||
3 | 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
4 | 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
| ||||||
5 | 12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
| ||||||
6 | 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, | ||||||
7 | 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, | ||||||
8 | 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
| ||||||
9 | 33A-2, and in subsection (a) and subsection (b), clause | ||||||
10 | (1), of Section
12-4 of the Criminal Code of 1961; (ii) | ||||||
11 | those offenses defined in the
Cannabis Control Act except | ||||||
12 | those offenses defined in subsections (a) and
(b) of | ||||||
13 | Section 4, and subsection (a) of Section 5 of the Cannabis | ||||||
14 | Control
Act; (iii) those offenses defined in the Illinois | ||||||
15 | Controlled Substances
Act; (iv) those offenses defined in | ||||||
16 | the Methamphetamine Control and Community Protection Act; | ||||||
17 | (v) any offense committed or attempted in any other state | ||||||
18 | or against
the laws of the United States, which if | ||||||
19 | committed or attempted in this
State would be punishable as | ||||||
20 | one or more of the foregoing offenses; (vi)
the offenses | ||||||
21 | defined in Section 4.1 and 5.1 of the Wrongs to Children | ||||||
22 | Act and (vii) those offenses defined in Section 6-16 of the | ||||||
23 | Liquor Control Act of
1934;
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24 | 12. not have been repeatedly involved as a driver in | ||||||
25 | motor vehicle
collisions or been repeatedly convicted of | ||||||
26 | offenses against
laws and ordinances regulating the |
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1 | movement of traffic, to a degree which
indicates lack of | ||||||
2 | ability to exercise ordinary and reasonable care in the
| ||||||
3 | safe operation of a motor vehicle or disrespect for the | ||||||
4 | traffic laws and
the safety of other persons upon the | ||||||
5 | highway;
| ||||||
6 | 13. not have, through the unlawful operation of a motor
| ||||||
7 | vehicle, caused an accident resulting in the death of any | ||||||
8 | person; and
| ||||||
9 | 14. not have, within the last 5 years, been adjudged to | ||||||
10 | be
afflicted with or suffering from any mental disability | ||||||
11 | or disease.
| ||||||
12 | (b) A school bus driver permit shall be valid for a period | ||||||
13 | specified by
the Secretary of State as set forth by rule. It | ||||||
14 | shall be renewable upon compliance with subsection (a) of this
| ||||||
15 | Section.
| ||||||
16 | (c) A school bus driver permit shall contain the holder's | ||||||
17 | driver's
license number, legal name, residence address, zip | ||||||
18 | code, social
security number and date
of birth, a brief | ||||||
19 | description of the holder and a space for signature. The
| ||||||
20 | Secretary of State may require a suitable photograph of the | ||||||
21 | holder.
| ||||||
22 | (d) The employer shall be responsible for conducting a | ||||||
23 | pre-employment
interview with prospective school bus driver | ||||||
24 | candidates, distributing school
bus driver applications and | ||||||
25 | medical forms to be completed by the applicant, and
submitting | ||||||
26 | the applicant's fingerprint cards to the Department of State |
| |||||||
| |||||||
1 | Police
that are required for the criminal background | ||||||
2 | investigations. The employer
shall certify in writing to the | ||||||
3 | Secretary of State that all pre-employment
conditions have been | ||||||
4 | successfully completed including the successful completion
of | ||||||
5 | an Illinois specific criminal background investigation through | ||||||
6 | the
Department of State Police and the submission of necessary
| ||||||
7 | fingerprints to the Federal Bureau of Investigation for | ||||||
8 | criminal
history information available through the Federal | ||||||
9 | Bureau of
Investigation system. The applicant shall present the
| ||||||
10 | certification to the Secretary of State at the time of | ||||||
11 | submitting
the school bus driver permit application.
| ||||||
12 | (e) Permits shall initially be provisional upon receiving
| ||||||
13 | certification from the employer that all pre-employment | ||||||
14 | conditions
have been successfully completed, and upon | ||||||
15 | successful completion of
all training and examination | ||||||
16 | requirements for the classification of
the vehicle to be | ||||||
17 | operated, the Secretary of State shall
provisionally issue a | ||||||
18 | School Bus Driver Permit. The permit shall
remain in a | ||||||
19 | provisional status pending the completion of the
Federal Bureau | ||||||
20 | of Investigation's criminal background investigation based
| ||||||
21 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
22 | of
Investigation by the Department of State Police. The Federal | ||||||
23 | Bureau of
Investigation shall report the findings directly to | ||||||
24 | the Secretary
of State. The Secretary of State shall remove the | ||||||
25 | bus driver
permit from provisional status upon the applicant's | ||||||
26 | successful
completion of the Federal Bureau of Investigation's |
| |||||||
| |||||||
1 | criminal
background investigation.
| ||||||
2 | (f) A school bus driver permit holder shall notify the
| ||||||
3 | employer and the Secretary of State if he or she is convicted | ||||||
4 | in
another state of an offense that would make him or her | ||||||
5 | ineligible
for a permit under subsection (a) of this Section. | ||||||
6 | The
written notification shall be made within 5 days of the | ||||||
7 | entry of
the conviction. Failure of the permit holder to | ||||||
8 | provide the
notification is punishable as a petty
offense for a | ||||||
9 | first violation and a Class B misdemeanor for a
second or | ||||||
10 | subsequent violation.
| ||||||
11 | (g) Cancellation; suspension; notice and procedure.
| ||||||
12 | (1) The Secretary of State shall cancel a school bus
| ||||||
13 | driver permit of an applicant whose criminal background | ||||||
14 | investigation
discloses that he or she is not in compliance | ||||||
15 | with the provisions of subsection
(a) of this Section.
| ||||||
16 | (2) The Secretary of State shall cancel a school
bus | ||||||
17 | driver permit when he or she receives notice that the | ||||||
18 | permit holder fails
to comply with any provision of this | ||||||
19 | Section or any rule promulgated for the
administration of | ||||||
20 | this Section.
| ||||||
21 | (3) The Secretary of State shall cancel a school bus
| ||||||
22 | driver permit if the permit holder's restricted commercial | ||||||
23 | or
commercial driving privileges are withdrawn or | ||||||
24 | otherwise
invalidated.
| ||||||
25 | (4) The Secretary of State may not issue a school bus
| ||||||
26 | driver permit for a period of 3 years to an applicant who |
| |||||||
| |||||||
1 | fails to
obtain a negative result on a drug test as | ||||||
2 | required in item 6 of
subsection (a) of this Section or | ||||||
3 | under federal law.
| ||||||
4 | (5) The Secretary of State shall forthwith suspend
a | ||||||
5 | school bus driver permit for a period of 3 years upon | ||||||
6 | receiving
notice that the holder has failed to obtain a | ||||||
7 | negative result on a
drug test as required in item 6 of | ||||||
8 | subsection (a) of this Section
or under federal law.
| ||||||
9 | (6) The Secretary of State shall suspend a school bus | ||||||
10 | driver permit for a period of 3 years upon receiving notice | ||||||
11 | from the employer that the holder failed to perform the | ||||||
12 | inspection procedure set forth in subsection (a) or (b) of | ||||||
13 | Section 12-816 of this Code. | ||||||
14 | The Secretary of State shall notify the State | ||||||
15 | Superintendent
of Education and the permit holder's | ||||||
16 | prospective or current
employer that the applicant has (1) has | ||||||
17 | failed a criminal
background investigation or (2) is no
longer | ||||||
18 | eligible for a school bus driver permit; and of the related
| ||||||
19 | cancellation of the applicant's provisional school bus driver | ||||||
20 | permit. The
cancellation shall remain in effect pending the | ||||||
21 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
22 | The scope of the
hearing shall be limited to the issuance | ||||||
23 | criteria contained in
subsection (a) of this Section. A | ||||||
24 | petition requesting a
hearing shall be submitted to the | ||||||
25 | Secretary of State and shall
contain the reason the individual | ||||||
26 | feels he or she is entitled to a
school bus driver permit. The |
| |||||||
| |||||||
1 | permit holder's
employer shall notify in writing to the | ||||||
2 | Secretary of State
that the employer has certified the removal | ||||||
3 | of the offending school
bus driver from service prior to the | ||||||
4 | start of that school bus
driver's next workshift. An employing | ||||||
5 | school board that fails to
remove the offending school bus | ||||||
6 | driver from service is
subject to the penalties defined in | ||||||
7 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
8 | violates a provision of this Section is
subject to the | ||||||
9 | penalties defined in Section 6-106.11.
| ||||||
10 | All valid school bus driver permits issued under this | ||||||
11 | Section
prior to January 1, 1995, shall remain effective until | ||||||
12 | their
expiration date unless otherwise invalidated.
| ||||||
13 | (h) When a school bus driver permit holder who is a service | ||||||
14 | member is called to active duty, the employer of the permit | ||||||
15 | holder shall notify the Secretary of State, within 30 days of | ||||||
16 | notification from the permit holder, that the permit holder has | ||||||
17 | been called to active duty. Upon notification pursuant to this | ||||||
18 | subsection, (i) the Secretary of State shall characterize the | ||||||
19 | permit as inactive until a permit holder renews the permit as | ||||||
20 | provided in subsection (i) of this Section, and (ii) if a | ||||||
21 | permit holder fails to comply with the requirements of this | ||||||
22 | Section while called to active duty, the Secretary of State | ||||||
23 | shall not characterize the permit as invalid. | ||||||
24 | (i) A school bus driver permit holder who is a service | ||||||
25 | member returning from active duty must, within 90 days, renew a | ||||||
26 | permit characterized as inactive pursuant to subsection (h) of |
| |||||||
| |||||||
1 | this Section by complying with the renewal requirements of | ||||||
2 | subsection (b) of this Section. | ||||||
3 | (j) For purposes of subsections (h) and (i) of this | ||||||
4 | Section: | ||||||
5 | "Active duty" means active duty pursuant to an executive | ||||||
6 | order of the President of the United States, an act of the | ||||||
7 | Congress of the United States, or an order of the Governor. | ||||||
8 | "Service member" means a member of the Armed Services or | ||||||
9 | reserve forces of the United States or a member of the Illinois | ||||||
10 | National Guard. | ||||||
11 | (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | ||||||
12 | revised 12-1-09.)
| ||||||
13 | (625 ILCS 5/6-202) (from Ch. 95 1/2, par. 6-202)
| ||||||
14 | Sec. 6-202.
Non-residents and Unlicensed | ||||||
15 | Persons-Revocation and Suspension-Reporting
Convictions.
| ||||||
16 | (a) The privilege of driving a motor vehicle on highways of | ||||||
17 | this State
given to a nonresident hereunder and the privilege | ||||||
18 | which an unlicensed
person might have to obtain a license under | ||||||
19 | this Act shall be subject to
suspension or revocation by the | ||||||
20 | Secretary of State in like manner and for
like cause as a | ||||||
21 | drivers license issued hereunder may be suspended or
revoked.
| ||||||
22 | (b) The Secretary of State is authorized, upon receiving a | ||||||
23 | report of the
conviction in this State of a nonresident driver | ||||||
24 | of a motor vehicle of any
offense under the laws of this State | ||||||
25 | relating to operation, custody or
ownership of motor vehicles, |
| |||||||
| |||||||
1 | to forward a copy or abstract of such report
to the motor | ||||||
2 | vehicle administrator of the State wherein the person so
| ||||||
3 | convicted is a resident.
| ||||||
4 | (c) (Blank.) When a nonresident's operating privilege is | ||||||
5 | suspended or revoked,
the Secretary of State shall forward a | ||||||
6 | certified copy of the record of such
action to the motor | ||||||
7 | vehicle administrator in the State where such person
resides.
| ||||||
8 | (d) This section is subject to the provisions of the Driver | ||||||
9 | License
Compact.
| ||||||
10 | (Source: P.A. 76-1752.)
| ||||||
11 | (625 ILCS 5/Ch. 6 Art. IV heading) | ||||||
12 | ARTICLE IV. COMMERCIAL DRIVER EXAM TRAINING SCHOOLS
| ||||||
13 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
14 | (625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
| ||||||
15 | Sec. 6-401. Driver exam training schools for preparation | ||||||
16 | for examination given by Secretary of State -license required. | ||||||
17 | No person, firm,
association, partnership or corporation shall | ||||||
18 | operate a
driver exam training school or engage in the business | ||||||
19 | of giving instruction for
hire or for a fee in the driving of | ||||||
20 | motor vehicles for the preparation of
an applicant for | ||||||
21 | examination given by the Secretary of State for a drivers
| ||||||
22 | license or permit, unless a license therefor has been issued by | ||||||
23 | the
Secretary.
No public schools or educational institutions | ||||||
24 | shall contract with entities
engaged in the business of giving |
| |||||||
| |||||||
1 | instruction for hire or for a fee in the
driving
of motor | ||||||
2 | vehicles for the preparation of an applicant for examination | ||||||
3 | given
by the Secretary of State for a driver's license or | ||||||
4 | permit, unless a license
therefor has been issued by the | ||||||
5 | Secretary.
| ||||||
6 | This Section shall not apply to (i) public schools or to | ||||||
7 | educational
institutions in which driving instruction is part | ||||||
8 | of the curriculum, (ii)
employers giving instruction to their | ||||||
9 | employees, or (iii) schools that teach enhanced driving skills | ||||||
10 | to licensed drivers as set forth in Article X of Chapter 6 of | ||||||
11 | this Code.
| ||||||
12 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
13 | (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
| ||||||
14 | Sec. 6-402. Qualifications of driver exam training | ||||||
15 | schools. In order to
qualify for a license to operate a driver | ||||||
16 | exam training school, each applicant must:
| ||||||
17 | (a) be of good moral character;
| ||||||
18 | (b) be at least 21 years of age;
| ||||||
19 | (c) maintain an established place of business open to | ||||||
20 | the public which
meets the requirements of Section 6-403 | ||||||
21 | through 6-407;
| ||||||
22 | (d) maintain bodily injury and property damage | ||||||
23 | liability insurance on
motor vehicles while used in driving | ||||||
24 | exam instruction, insuring the liability of
the driving | ||||||
25 | school, the driving instructors and any person taking
|
| |||||||
| |||||||
1 | instruction in at least the following amounts: $50,000 for | ||||||
2 | bodily injury to
or death of one person in any one accident | ||||||
3 | and, subject to said limit for
one person, $100,000 for | ||||||
4 | bodily injury to or death of 2 or more persons in
any one | ||||||
5 | accident and the amount of $10,000 for damage to property | ||||||
6 | of others
in any one accident. Evidence of such insurance | ||||||
7 | coverage in the form of a
certificate from the insurance | ||||||
8 | carrier shall be filed with the Secretary of
State, and | ||||||
9 | such certificate shall stipulate that the insurance shall | ||||||
10 | not be
cancelled except upon 10 days prior written notice | ||||||
11 | to the Secretary of
State. The decal showing evidence of | ||||||
12 | insurance shall be affixed to the
windshield of the | ||||||
13 | vehicle;
| ||||||
14 | (e) provide a continuous surety company bond in the | ||||||
15 | principal sum of
$20,000 for the protection of the | ||||||
16 | contractual rights of
students in such
form as will meet | ||||||
17 | with the approval of the Secretary of State and written
by | ||||||
18 | a company authorized to do business in this State. However, | ||||||
19 | the
aggregate liability of the surety for all breaches of | ||||||
20 | the condition of the
bond in no event shall exceed the | ||||||
21 | principal sum of $20,000. The
surety on
any such bond may | ||||||
22 | cancel such bond on giving 30 days notice thereof in
| ||||||
23 | writing to the Secretary of State and shall be relieved of | ||||||
24 | liability for
any breach of any conditions of the bond | ||||||
25 | which occurs after the effective
date of cancellation;
| ||||||
26 | (f) have the equipment necessary to the giving of |
| |||||||
| |||||||
1 | proper instruction in
the operation of motor vehicles;
| ||||||
2 | (g) have and use a business telephone listing for all | ||||||
3 | business
purposes;
| ||||||
4 | (h) pay to the Secretary of State an application fee of
| ||||||
5 | $500 and $50 for each branch application; and
| ||||||
6 | (i) authorize an investigation to include a | ||||||
7 | fingerprint based background
check
to determine if the | ||||||
8 | applicant has ever been convicted of a crime and if so, the
| ||||||
9 | disposition of those convictions. The authorization shall | ||||||
10 | indicate the scope
of
the inquiry and the agencies that may | ||||||
11 | be contacted. Upon this authorization,
the
Secretary of | ||||||
12 | State may request and receive information and assistance | ||||||
13 | from any
federal, State, or local governmental agency as | ||||||
14 | part of the authorized
investigation. Each applicant shall | ||||||
15 | have his or her fingerprints submitted to
the Department of | ||||||
16 | State Police in the form and manner prescribed by the
| ||||||
17 | Department of State Police. The fingerprints shall be | ||||||
18 | checked against the
Department of State Police and Federal | ||||||
19 | Bureau of Investigation criminal history
record | ||||||
20 | information databases. The Department of State
Police | ||||||
21 | shall charge a fee for conducting the criminal history | ||||||
22 | records check,
which shall be deposited in the State Police | ||||||
23 | Services Fund and shall not exceed
the actual cost of the | ||||||
24 | records check. The applicant shall be required to pay
all
| ||||||
25 | related fingerprint fees including, but not limited to, the | ||||||
26 | amounts established
by the Department of State Police and |
| |||||||
| |||||||
1 | the Federal Bureau of Investigation to
process fingerprint | ||||||
2 | based criminal background investigations. The Department | ||||||
3 | of
State Police shall provide information concerning any | ||||||
4 | criminal convictions and
disposition of criminal | ||||||
5 | convictions brought against the applicant upon request
of | ||||||
6 | the Secretary
of State provided that the request is made in | ||||||
7 | the form and manner required by
the
Department of the State | ||||||
8 | Police. Unless otherwise prohibited by law, the
| ||||||
9 | information derived from the investigation including the | ||||||
10 | source of the
information and any conclusions or | ||||||
11 | recommendations derived from the
information by the | ||||||
12 | Secretary of State shall be provided to the applicant, or
| ||||||
13 | his
designee, upon request to the Secretary of State, prior | ||||||
14 | to any final action by
the Secretary of State on the | ||||||
15 | application. Any criminal convictions and
disposition | ||||||
16 | information obtained by the Secretary of State shall be
| ||||||
17 | confidential
and may not be transmitted outside the Office | ||||||
18 | of the Secretary of State, except
as required herein, and | ||||||
19 | may not be transmitted to anyone within the Office of
the | ||||||
20 | Secretary of State except as needed for the purpose of | ||||||
21 | evaluating the
applicant. The information obtained from | ||||||
22 | the investigation may be maintained
by the Secretary of | ||||||
23 | State or any agency to which the information was
| ||||||
24 | transmitted.
Only information and standards, which bear a | ||||||
25 | reasonable and rational relation
to
the performance of a | ||||||
26 | driver exam training school owner, shall be used by the
|
| |||||||
| |||||||
1 | Secretary of State. Any employee of the Secretary of State | ||||||
2 | who gives or causes
to be given away any confidential | ||||||
3 | information concerning any criminal charges
or disposition | ||||||
4 | of criminal charges of an applicant shall be guilty of a | ||||||
5 | Class A
misdemeanor,
unless release of the information is | ||||||
6 | authorized by this Section.
| ||||||
7 | No license shall be issued under this Section to a person | ||||||
8 | who is a
spouse, offspring, sibling, parent, grandparent, | ||||||
9 | grandchild, uncle or aunt,
nephew or niece, cousin, or in-law | ||||||
10 | of the person whose license to do
business at that location has | ||||||
11 | been revoked or denied or to a person who was
an officer or | ||||||
12 | employee of a business firm that has had its license revoked
or | ||||||
13 | denied, unless the Secretary of State is satisfied the | ||||||
14 | application was
submitted in good faith and not for the purpose | ||||||
15 | or effect of defeating the
intent of this Code.
| ||||||
16 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
17 | (625 ILCS 5/6-403) (from Ch. 95 1/2, par. 6-403)
| ||||||
18 | Sec. 6-403. Established Place of Business. The established | ||||||
19 | place of business of each driver exam training school must be
| ||||||
20 | owned or leased by the driver exam training school and | ||||||
21 | regularly occupied and
primarily used by that driver exam | ||||||
22 | training school for the business of selling
and giving driving | ||||||
23 | instructions for hire or for a fee, and the business of
| ||||||
24 | preparing members of the public for examination given by the | ||||||
25 | Secretary of
State for a drivers license.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
2 | (625 ILCS 5/6-404) (from Ch. 95 1/2, par. 6-404)
| ||||||
3 | Sec. 6-404. Location of Schools. The established place of | ||||||
4 | business of each driver exam training school must be
located in | ||||||
5 | a district which is zoned for business or commercial purposes.
| ||||||
6 | The driver exam training school office must have a permanent | ||||||
7 | sign clearly
readable from the street, from a distance of no | ||||||
8 | less than 100 feet, with
the name of the driving exam school | ||||||
9 | upon it.
| ||||||
10 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
11 | (625 ILCS 5/6-405) (from Ch. 95 1/2, par. 6-405)
| ||||||
12 | Sec. 6-405. Restrictions of Locations. The established | ||||||
13 | place of business, or branch office, branch class room
or | ||||||
14 | advertised address of any driver exam training school shall not | ||||||
15 | consist of or
include a house trailer, residence, tent, | ||||||
16 | temporary stand, temporary
address, office space, a room or | ||||||
17 | rooms in a hotel, rooming house or
apartment house, or premises | ||||||
18 | occupied by a single or multiple unit dwelling
house or | ||||||
19 | telephone answering service.
| ||||||
20 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
21 | (625 ILCS 5/6-406) (from Ch. 95 1/2, par. 6-406)
| ||||||
22 | Sec. 6-406. Required Facilities.
| ||||||
23 | (a) The established place of business of each driver exam |
| |||||||
| |||||||
1 | training school
must consist of at least the following | ||||||
2 | permanent facilities:
| ||||||
3 | (1) An office facility;
| ||||||
4 | (2) A class room facility.
| ||||||
5 | (b) The main class room facility of each driver exam | ||||||
6 | training school must be
reasonably accessible to the main | ||||||
7 | office facility of the driver exam training
school.
| ||||||
8 | (c) All class room facilities must have adequate lighting, | ||||||
9 | heating,
ventilation, and must comply with all state, and local | ||||||
10 | laws relating to
public health, safety and sanitation.
| ||||||
11 | (d) The main office facility and branch office facility of | ||||||
12 | each driver exam
training school must contain sufficient space, | ||||||
13 | equipment, records and
personnel to carry on the business of | ||||||
14 | the driver exam training school. The main
office facility must | ||||||
15 | be specifically devoted to driver exam training school
| ||||||
16 | business.
| ||||||
17 | (e) A driver exam training school which as an established | ||||||
18 | place of business
and a main office facility, may operate a | ||||||
19 | branch office or a branch class
room provided that all the | ||||||
20 | requirements for the main office or main class
room are met and | ||||||
21 | that such branch office bears the same name and is
operated as | ||||||
22 | a part of the same business entity as the main office facility.
| ||||||
23 | (f) No driver exam training school may share any main or | ||||||
24 | branch facility or
facilities with any other driver exam | ||||||
25 | training school.
| ||||||
26 | (Source: P.A. 96-740, eff. 1-1-10.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-407) (from Ch. 95 1/2, par. 6-407)
| ||||||
2 | Sec. 6-407. Locations and State Facilities. No office or | ||||||
3 | place of business of a driver exam training school shall be
| ||||||
4 | established within 1,500 feet of any building used as an office | ||||||
5 | by any
department of the Secretary of State having to do with | ||||||
6 | the administration
of any laws relating to motor vehicles, nor | ||||||
7 | may any driving school solicit
or advertise for business within | ||||||
8 | 1,500 feet of any building used as an
office by the Secretary | ||||||
9 | of State having to do with the administration of
any laws | ||||||
10 | relating to motor vehicles.
| ||||||
11 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
12 | (625 ILCS 5/6-408) (from Ch. 95 1/2, par. 6-408)
| ||||||
13 | Sec. 6-408. Records. All driver exam training schools | ||||||
14 | licensed by the Secretary of State must
maintain a permanent | ||||||
15 | record of instructions given to each student. The
record must | ||||||
16 | contain the name of the school and the name of the student, the
| ||||||
17 | number of all licenses or permits held by the student, the type | ||||||
18 | and date of
instruction given, whether class room or behind the | ||||||
19 | wheel, and the
signature of the instructor.
| ||||||
20 | All permanent student instruction records must be kept on | ||||||
21 | file in the
main office of each driver exam training school for | ||||||
22 | a period of 3 calendar years
after the student has ceased | ||||||
23 | taking instruction at or with the school.
| ||||||
24 | The records should show the fees and charges of the school |
| |||||||
| |||||||
1 | and also the
record should show the course content and | ||||||
2 | instructions given to each
student.
| ||||||
3 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
4 | (625 ILCS 5/6-408.5)
| ||||||
5 | Sec. 6-408.5. Courses for students or high school dropouts; | ||||||
6 | limitation.
| ||||||
7 | (a) No driver exam training school
or driving exam training | ||||||
8 | instructor licensed under this Act may request a
certificate of | ||||||
9 | completion from the Secretary of State as provided in Section
| ||||||
10 | 6-411 for any person who is enrolled as a
student in any public | ||||||
11 | or non-public secondary school at the time such
instruction is | ||||||
12 | to be provided, or who was so enrolled during the semester last
| ||||||
13 | ended if that instruction is to be provided between semesters | ||||||
14 | or during the
summer after the regular school term ends, unless | ||||||
15 | that student has received a
passing grade in at least 8 courses | ||||||
16 | during the 2 semesters last ending prior to
requesting a | ||||||
17 | certificate of completion from the Secretary of State for the
| ||||||
18 | student.
| ||||||
19 | (b) No driver exam training school or driving exam training | ||||||
20 | instructor licensed under
this Act may request a certificate of | ||||||
21 | completion from the Secretary of State as
provided in Section | ||||||
22 | 6-411 for any person who has dropped out of school and has
not | ||||||
23 | yet attained the age of 18 years unless the driver exam | ||||||
24 | training school or
driving exam training instructor has: 1) | ||||||
25 | obtained written documentation verifying
the
dropout's |
| |||||||
| |||||||
1 | enrollment in a GED or alternative education program or has | ||||||
2 | obtained
a copy of the dropout's GED certificate; 2) obtained | ||||||
3 | verification that the
student prior to dropping out had | ||||||
4 | received a passing grade in at least 8
courses during the 2 | ||||||
5 | previous
semesters last ending prior to requesting a | ||||||
6 | certificate of completion; or 3)
obtained written consent from | ||||||
7 | the dropout's parents or guardians and the
regional | ||||||
8 | superintendent.
| ||||||
9 | (c) Students shall be informed of the
eligibility | ||||||
10 | requirements of this Act
in writing at the time of | ||||||
11 | registration.
| ||||||
12 | (d) The superintendent of schools of the
school district in | ||||||
13 | which the student resides and attends school or in which
the | ||||||
14 | student resides at the time he or she drops out of school (with | ||||||
15 | respect
to a public high school student or a dropout from the | ||||||
16 | public high school)
or the chief school administrator (with
| ||||||
17 | respect to a student who attends a non-public high school or a | ||||||
18 | dropout from a
non-public high school) may waive the | ||||||
19 | requirements of this Section if the superintendent
or chief | ||||||
20 | school administrator, as the case
may be, deems it to be in the | ||||||
21 | best interests of the student or dropout.
Before requesting a | ||||||
22 | certificate of completion from the Secretary of State
for any | ||||||
23 | person who is enrolled
as
a student in any public or non-public | ||||||
24 | secondary school or who was so enrolled
in the semester last | ||||||
25 | ending prior to the request for a certificate of
completion | ||||||
26 | from the Secretary of State or who is of high school age, the |
| |||||||
| |||||||
1 | driver
exam training school shall
determine from the school | ||||||
2 | district in which that person resides or resided at
the time of | ||||||
3 | dropping out of school, or from the
chief administrator of the | ||||||
4 | non-public high school attended or last
attended by such | ||||||
5 | person, as
the case may be, that such person is not ineligible | ||||||
6 | to receive a certificate
of completion under this Section.
| ||||||
7 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
8 | (625 ILCS 5/6-409) (from Ch. 95 1/2, par. 6-409)
| ||||||
9 | Sec. 6-409. Display of License. Each driver exam training | ||||||
10 | school must display at a prominent place in its
main office all | ||||||
11 | of the following:
| ||||||
12 | (a) The State license issued to the school;
| ||||||
13 | (b) The names and addresses and State instructors licenses | ||||||
14 | of all
instructors employed by the school;
| ||||||
15 | (c) The address of all branch offices and branch class | ||||||
16 | rooms.
| ||||||
17 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
18 | (625 ILCS 5/6-410) (from Ch. 95 1/2, par. 6-410)
| ||||||
19 | Sec. 6-410. Vehicle inspections. The Department of | ||||||
20 | Transportation shall
provide for the inspection of all motor | ||||||
21 | vehicles used for driver exam training,
and shall issue a | ||||||
22 | safety inspection sticker provided:
| ||||||
23 | (a) The motor vehicle has been inspected by the Department | ||||||
24 | and found to
be in safe mechanical condition;
|
| |||||||
| |||||||
1 | (b) The motor vehicle is equipped with dual control brakes | ||||||
2 | and a
mirror on each side of the motor vehicle so located as to | ||||||
3 | reflect to the
driver a view of the highway for a distance of | ||||||
4 | at least 200 feet to the
rear of such motor vehicle; and
| ||||||
5 | (c) The motor vehicle is equipped with a sign or signs | ||||||
6 | visible from the
front and the rear in letters no less than 2 | ||||||
7 | inches tall, listing the full
name of the driver exam training | ||||||
8 | school which has registered and insured the
motor vehicle.
| ||||||
9 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
10 | (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
| ||||||
11 | Sec. 6-411. Qualifications of Driver Exam Training | ||||||
12 | Instructors. In order to
qualify for a license as an instructor | ||||||
13 | for a driving exam school, an applicant must:
| ||||||
14 | (a) Be of good moral character;
| ||||||
15 | (b) Authorize an investigation to include a | ||||||
16 | fingerprint based background
check to determine if the | ||||||
17 | applicant has ever
been convicted of a crime and if so, the | ||||||
18 | disposition of those convictions;
this authorization shall | ||||||
19 | indicate the scope of the inquiry and the agencies
which | ||||||
20 | may be contacted. Upon this authorization the Secretary of | ||||||
21 | State
may request and receive information and assistance | ||||||
22 | from any federal, state
or local governmental agency as | ||||||
23 | part of the authorized investigation.
Each applicant shall | ||||||
24 | submit his or her fingerprints to
the Department
of State | ||||||
25 | Police in the form and manner prescribed by the Department |
| |||||||
| |||||||
1 | of State
Police. These fingerprints shall be checked | ||||||
2 | against the fingerprint records now
and hereafter filed in | ||||||
3 | the Department of State
Police and Federal Bureau of | ||||||
4 | Investigation criminal history records
databases. The | ||||||
5 | Department of State Police shall charge
a fee for | ||||||
6 | conducting the criminal history records check, which shall | ||||||
7 | be
deposited in the State Police Services Fund and shall | ||||||
8 | not exceed the actual
cost of the records check. The | ||||||
9 | applicant shall be required to pay all related
fingerprint | ||||||
10 | fees including, but not limited to, the amounts established | ||||||
11 | by the
Department of State Police and the Federal Bureau of | ||||||
12 | Investigation to process
fingerprint based criminal | ||||||
13 | background investigations.
The
Department of State Police | ||||||
14 | shall provide information concerning any criminal
| ||||||
15 | convictions, and their disposition, brought against the | ||||||
16 | applicant upon request
of the Secretary of State when the | ||||||
17 | request is made in the form and manner
required by the | ||||||
18 | Department of State Police. Unless otherwise prohibited by
| ||||||
19 | law, the information derived
from this investigation | ||||||
20 | including the source of this information, and any
| ||||||
21 | conclusions or recommendations derived from this | ||||||
22 | information by the Secretary
of State shall be provided to | ||||||
23 | the applicant, or his designee, upon request
to the | ||||||
24 | Secretary of State, prior to any final action by the
| ||||||
25 | Secretary of State on the application. Any criminal
| ||||||
26 | convictions and their disposition information obtained by |
| |||||||
| |||||||
1 | the Secretary
of State shall be confidential and may not be | ||||||
2 | transmitted outside the Office
of the Secretary of State, | ||||||
3 | except as required herein, and may not be
transmitted to | ||||||
4 | anyone within the Office of the Secretary of State except | ||||||
5 | as
needed for
the purpose of evaluating the applicant. The | ||||||
6 | information obtained from this
investigation may be | ||||||
7 | maintained by the
Secretary of State or
any agency to which | ||||||
8 | such information was
transmitted. Only information
and | ||||||
9 | standards which bear a reasonable and rational relation to | ||||||
10 | the performance
of a driver exam training instructor shall | ||||||
11 | be used by the Secretary of State.
Any employee of the | ||||||
12 | Secretary of State who gives or causes to be given away
any | ||||||
13 | confidential information concerning any
criminal charges | ||||||
14 | and their disposition of an applicant shall be guilty of
a | ||||||
15 | Class A misdemeanor unless release of such information is | ||||||
16 | authorized by this
Section;
| ||||||
17 | (c) Pass such examination as the Secretary of State | ||||||
18 | shall require on (1)
traffic laws, (2) safe driving | ||||||
19 | practices, (3) operation of motor vehicles,
and (4) | ||||||
20 | qualifications of teacher;
| ||||||
21 | (d) Be physically able to operate safely a motor | ||||||
22 | vehicle and to train
others in the operation of motor | ||||||
23 | vehicles. An instructors license application
must be | ||||||
24 | accompanied by a medical examination report completed by a | ||||||
25 | competent
physician licensed to practice in the State of | ||||||
26 | Illinois;
|
| |||||||
| |||||||
1 | (e) Hold a valid Illinois drivers license;
| ||||||
2 | (f) Have graduated from an accredited high school after | ||||||
3 | at least 4 years
of high school education or the | ||||||
4 | equivalent; and
| ||||||
5 | (g) Pay to the Secretary of State an application and | ||||||
6 | license fee of $70.
| ||||||
7 | If a driver exam training school class room instructor | ||||||
8 | teaches an approved driver
education course, as defined in | ||||||
9 | Section 1-103 of this Code, to students
under 18 years of age, | ||||||
10 | he or she shall furnish to
the Secretary of State a certificate | ||||||
11 | issued by the State Board of Education
that the said instructor | ||||||
12 | is qualified and meets the minimum educational
standards for | ||||||
13 | teaching driver education courses in the local public or
| ||||||
14 | parochial school systems, except that no State Board of | ||||||
15 | Education certification
shall be required of any instructor who | ||||||
16 | teaches exclusively in a
commercial driving school. On and | ||||||
17 | after July 1, 1986, the existing
rules and regulations of the | ||||||
18 | State
Board of Education concerning commercial driving schools | ||||||
19 | shall continue to
remain in effect but shall be administered by | ||||||
20 | the Secretary of State until
such time as the Secretary of | ||||||
21 | State shall amend or repeal the rules in
accordance with the | ||||||
22 | Illinois Administrative Procedure Act. Upon request,
the | ||||||
23 | Secretary of State shall issue a certificate of completion to a | ||||||
24 | student
under 18 years of age who has completed an approved | ||||||
25 | driver education course
at a commercial driving school.
| ||||||
26 | (Source: P.A. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-412) (from Ch. 95 1/2, par. 6-412)
| ||||||
2 | Sec. 6-412. Issuance of Licenses to Driver Exam Training | ||||||
3 | Schools and Driver Exam Training
Instructors. The Secretary of | ||||||
4 | State shall issue a license certificate to each
applicant to | ||||||
5 | conduct a driver exam training school or to each driver exam | ||||||
6 | training
instructor when the Secretary of State is satisfied | ||||||
7 | that such person has
met the qualifications required under this | ||||||
8 | Act.
| ||||||
9 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
10 | (625 ILCS 5/6-413) (from Ch. 95 1/2, par. 6-413)
| ||||||
11 | Sec. 6-413. Expiration of Licenses. All outstanding | ||||||
12 | licenses issued to any driver exam training school or driver | ||||||
13 | exam
training instructor under this Act shall expire by | ||||||
14 | operation of law 24
months from the date of issuance, unless | ||||||
15 | sooner cancelled, suspended or
revoked under the provisions of | ||||||
16 | Section 6-420.
| ||||||
17 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
18 | (625 ILCS 5/6-414) (from Ch. 95 1/2, par. 6-414)
| ||||||
19 | Sec. 6-414. Renewal of Licenses. The license of each driver | ||||||
20 | exam training school may be renewed subject to the
same | ||||||
21 | conditions as the original license, and upon the payment of a
| ||||||
22 | renewal license fee of $500 and $50 for each renewal of a | ||||||
23 | branch
application.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
2 | (625 ILCS 5/6-415) (from Ch. 95 1/2, par. 6-415)
| ||||||
3 | Sec. 6-415. Renewal Fee. The license of each driver exam | ||||||
4 | training instructor may be renewed subject to
the same | ||||||
5 | conditions of the original license, and upon the payment of | ||||||
6 | annual
renewal license fee of $70.
| ||||||
7 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
8 | (625 ILCS 5/6-416) (from Ch. 95 1/2, par. 6-416)
| ||||||
9 | Sec. 6-416. Licenses: Form and Filing. All applications for | ||||||
10 | renewal of a driver exam training school license or
driver exam | ||||||
11 | training instructor's license shall be on a form prescribed by | ||||||
12 | the
Secretary, and must be filed with the Secretary not
less | ||||||
13 | than 15 days preceding the expiration date of the license to be | ||||||
14 | renewed.
| ||||||
15 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
16 | (625 ILCS 5/6-417) (from Ch. 95 1/2, par. 6-417)
| ||||||
17 | Sec. 6-417. Instructor's license. Each driver exam | ||||||
18 | training instructor's license shall authorize the licensee
to | ||||||
19 | instruct only at or for the driver exam training school | ||||||
20 | indicated on the
license. The Secretary shall not issue a | ||||||
21 | driver training instructor's
license to any individual who is | ||||||
22 | licensed to instruct at or for another
driver exam training | ||||||
23 | school.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
2 | (625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
| ||||||
3 | Sec. 6-419. Rules and Regulations. The Secretary is | ||||||
4 | authorized to prescribe by rule standards for the
eligibility, | ||||||
5 | conduct and operation of driver exam training schools, and
| ||||||
6 | instructors and to adopt other reasonable rules and regulations | ||||||
7 | necessary
to carry out the provisions of this Act.
| ||||||
8 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
9 | (625 ILCS 5/6-420) (from Ch. 95 1/2, par. 6-420)
| ||||||
10 | Sec. 6-420. Denial, Cancellation, Suspension, Revocation | ||||||
11 | and Failure to
Renew License. The Secretary may deny, cancel, | ||||||
12 | suspend or revoke, or refuse
to renew any driver exam training | ||||||
13 | school license or any driver exam training instructor
license:
| ||||||
14 | (1) When the Secretary is satisfied that the licensee | ||||||
15 | fails to meet the
requirements to receive or hold a license | ||||||
16 | under this Code;
| ||||||
17 | (2) Whenever the licensee fails to keep the records | ||||||
18 | required by this
Code;
| ||||||
19 | (3) Whenever the licensee permits fraud or engages in | ||||||
20 | fraudulent
practices either with reference to a student or | ||||||
21 | the Secretary, or induces
or countenances fraud or | ||||||
22 | fraudulent practices on the part of any applicant
for a | ||||||
23 | driver's license or permit;
| ||||||
24 | (4) Whenever the licensee fails to comply with any |
| |||||||
| |||||||
1 | provision of this Code
or any rule of the Secretary made | ||||||
2 | pursuant thereto;
| ||||||
3 | (5) Whenever the licensee represents himself as an | ||||||
4 | agent or employee of
the Secretary or uses advertising | ||||||
5 | designed to lead or which would
reasonably have the effect | ||||||
6 | of leading persons to believe that such licensee
is in fact | ||||||
7 | an employee or representative of the Secretary;
| ||||||
8 | (6) Whenever the licensee or any employee or agent of | ||||||
9 | the licensee
solicits driver training or instruction in an | ||||||
10 | office of any department of
the Secretary of State having | ||||||
11 | to do with the administration of any law
relating to motor | ||||||
12 | vehicles, or within 1,500 feet of any such office;
| ||||||
13 | (7) Whenever the licensee is convicted of driving while
| ||||||
14 | under the influence of alcohol, other drugs, or a | ||||||
15 | combination thereof;
leaving the scene of an accident; | ||||||
16 | reckless homicide or reckless driving; or
| ||||||
17 | (8) Whenever a driver exam training school advertises | ||||||
18 | that a driver's license
is guaranteed upon completion of | ||||||
19 | the course of instruction.
| ||||||
20 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
21 | (625 ILCS 5/6-422) (from Ch. 95 1/2, par. 6-422)
| ||||||
22 | Sec. 6-422. Prior law and licenses thereunder. This Act | ||||||
23 | shall not affect the validity of any outstanding license issued
| ||||||
24 | to any driver exam training school or driver exam training | ||||||
25 | instructor by the
Secretary of State under any prior law, nor |
| |||||||
| |||||||
1 | shall this Act affect the
validity or legality of any contract, | ||||||
2 | agreement or undertaking entered into
by any driver exam | ||||||
3 | training school or driver exam training instructor, or any | ||||||
4 | person,
firm, corporation, partnership or association based on | ||||||
5 | those provisions of
any prior law.
| ||||||
6 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
7 | (625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
| ||||||
8 | Sec. 6-901. Definitions. For the purposes of this
Article:
| ||||||
9 | "Board" means the Driver's License Medical Advisory Board.
| ||||||
10 | "Medical examiner" or "medical practitioner" means any
| ||||||
11 | person licensed to practice medicine in all its branches in
the | ||||||
12 | State of Illinois or any other state .
| ||||||
13 | (Source: P.A. 92-703, eff. 7-19-02.)
| ||||||
14 | (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| ||||||
15 | Sec. 11-1301.3. Unauthorized use of parking places | ||||||
16 | reserved for persons with
disabilities. | ||||||
17 | (a) It shall be prohibited to park any motor vehicle which | ||||||
18 | is not properly
displaying
registration plates or decals issued | ||||||
19 | to a person with disabilities, as defined
by Section 1-159.1, | ||||||
20 | pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | ||||||
21 | disabled veteran pursuant to Section 3-609 of this Act, as | ||||||
22 | evidence that the
vehicle is operated by or for a person with | ||||||
23 | disabilities or disabled veteran,
in any parking place, | ||||||
24 | including any private
or public offstreet parking facility, |
| |||||||
| |||||||
1 | specifically reserved, by the
posting of an official sign as | ||||||
2 | designated under Section 11-301, for
motor vehicles displaying | ||||||
3 | such registration plates.
It shall be prohibited to park any | ||||||
4 | motor vehicle in a designated access
aisle adjacent to any | ||||||
5 | parking place specifically reserved for persons with
| ||||||
6 | disabilities, by the posting of an official sign as designated | ||||||
7 | under Section
11-301, for motor vehicles displaying such | ||||||
8 | registration plates.
When using the parking privileges for | ||||||
9 | persons with disabilities, the parking
decal or device must be | ||||||
10 | displayed properly in the vehicle where it is clearly
visible | ||||||
11 | to law enforcement personnel, either hanging from the rearview | ||||||
12 | mirror
or placed on the dashboard of the vehicle in clear view.
| ||||||
13 | Disability license plates and parking decals and devices are | ||||||
14 | not transferable from person to person. Proper usage of the | ||||||
15 | disability license plate or parking decal or device requires | ||||||
16 | the authorized holder to be present and enter or exit the | ||||||
17 | vehicle at the time the parking privileges are being used. It | ||||||
18 | is a violation of this Section to park in a space reserved for | ||||||
19 | a person with disabilities if the authorized holder of the | ||||||
20 | disability license plate or parking decal or device does not | ||||||
21 | enter or exit the vehicle at the time the parking privileges | ||||||
22 | are being used. Any motor vehicle properly displaying a | ||||||
23 | disability license plate or a
parking decal or device | ||||||
24 | containing the International symbol of access
issued to persons | ||||||
25 | with disabilities by any local authority, state, district,
| ||||||
26 | territory or foreign country shall be recognized by State and |
| |||||||
| |||||||
1 | local
authorities as a valid license plate or device and | ||||||
2 | receive the same parking
privileges as residents of this State.
| ||||||
3 | (a-1) An individual with a vehicle displaying disability | ||||||
4 | license plates or a parking decal or device issued to a | ||||||
5 | qualified person with a disability under Sections 3-616, | ||||||
6 | 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | ||||||
7 | 3-609 is in violation of this Section if (i) the person using | ||||||
8 | the disability license plate or parking decal or device is not | ||||||
9 | the authorized holder of the disability license plate or | ||||||
10 | parking decal or device or is not transporting the authorized | ||||||
11 | holder of the disability license plate or parking decal or | ||||||
12 | device to or from the parking location and (ii) the person uses | ||||||
13 | the disability license plate or parking decal or device to | ||||||
14 | exercise any privileges granted through the disability license | ||||||
15 | plate or parking decals or devices under this Code.
| ||||||
16 | (b) Any person or local authority owning or operating any | ||||||
17 | public or private
offstreet parking facility may, after | ||||||
18 | notifying the police or sheriff's
department, remove or cause | ||||||
19 | to be removed to the nearest garage or other
place of safety | ||||||
20 | any vehicle parked within a stall or space reserved for
use by | ||||||
21 | a person with disabilities which does not
display person with | ||||||
22 | disabilities registration
plates or a special decal or device | ||||||
23 | as required under this Section.
| ||||||
24 | (c) Any person found guilty of violating the provisions of | ||||||
25 | subsection (a) shall be fined $250 in addition to any costs or | ||||||
26 | charges connected
with the removal or storage of any motor |
| |||||||
| |||||||
1 | vehicle authorized under this
Section; but municipalities by | ||||||
2 | ordinance may impose a fine up to $350
and shall display signs | ||||||
3 | indicating the fine imposed. If the amount of
the fine is | ||||||
4 | subsequently changed, the municipality shall change the sign to
| ||||||
5 | indicate the current amount of the fine.
It shall not be a | ||||||
6 | defense to a charge under this Section that either the sign | ||||||
7 | posted
pursuant to this
Section or the intended accessible | ||||||
8 | parking place does not comply with the technical requirements | ||||||
9 | of Section 11-301,
Department
regulations, or local ordinance | ||||||
10 | if a reasonable person would be made aware by
the
sign or | ||||||
11 | notice on or near the parking place that the place is reserved | ||||||
12 | for a
person
with
disabilities.
| ||||||
13 | (c-1) Any person found guilty of violating the provisions | ||||||
14 | of subsection (a-1) a first time shall be fined $500. Any | ||||||
15 | person found guilty of violating subsection (a-1) a second time | ||||||
16 | shall be fined $750 , and the Secretary of State may revoke the | ||||||
17 | person's driving privileges or suspend those privileges for a | ||||||
18 | period of time to be determined by the Secretary . Any person | ||||||
19 | found guilty of violating subsection (a-1) a third or | ||||||
20 | subsequent time shall be fined $1,000. The circuit clerk shall | ||||||
21 | distribute 50% of the fine imposed on any person who is found | ||||||
22 | guilty of or pleads guilty to violating this Section, including | ||||||
23 | any person placed on court supervision for violating this | ||||||
24 | Section, to the law enforcement agency that issued the citation | ||||||
25 | or made the arrest. If more than one law enforcement agency is | ||||||
26 | responsible for issuing the citation or making the arrest, the |
| |||||||
| |||||||
1 | 50% of the fine imposed shall be shared equally.
If an officer | ||||||
2 | of the Secretary of State Department of Police arrested a | ||||||
3 | person for a violation of this Section, 50% of the fine imposed | ||||||
4 | shall be deposited into the Secretary of State Police Services | ||||||
5 | Fund. | ||||||
6 | (d) Local authorities shall impose fines as established in | ||||||
7 | subsections
(c) and (c-1) for violations of this Section.
| ||||||
8 | (e) As used in this Section, "authorized holder" means an | ||||||
9 | individual
issued a disability
license plate under Section | ||||||
10 | 3-616 of this
Code, an individual issued a parking decal or | ||||||
11 | device
under Section 11-1301.2 of this Code, or an individual | ||||||
12 | issued a disabled veteran's license plate under Section 3-609 | ||||||
13 | of this Code. | ||||||
14 | (f) Any person who commits a violation of subsection (a-1) | ||||||
15 | may have his or her driving privileges suspended or revoked by | ||||||
16 | the Secretary of State for a period of time determined by the | ||||||
17 | Secretary of State. The Secretary of State may also suspend or | ||||||
18 | revoke the disability license plates or parking decal or device | ||||||
19 | for a period of time determined by the Secretary of State.
| ||||||
20 | (g) Any police officer may seize the parking decal
or | ||||||
21 | device from any person who commits a violation of this Section. | ||||||
22 | Any police officer may seize the disability license plate upon | ||||||
23 | authorization from the Secretary of State. Any police officer | ||||||
24 | may request that the Secretary of State revoke the parking | ||||||
25 | decal or device or the disability license plate of any person | ||||||
26 | who commits a violation of this Section. |
| |||||||
| |||||||
1 | (Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, | ||||||
2 | eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; revised | ||||||
3 | 8-20-09.)
| ||||||
4 | Section 10. The Criminal Code of 1961 is amended by | ||||||
5 | changing Section 33-6 as follows:
| ||||||
6 | (720 ILCS 5/33-6) | ||||||
7 | Sec. 33-6. Bribery to obtain driving privileges.
| ||||||
8 | (a) A person commits the offense of bribery to obtain | ||||||
9 | driving privileges when: | ||||||
10 | (1) with intent to influence any act related to the | ||||||
11 | issuance of any driver's license or permit by an employee | ||||||
12 | of the Illinois Secretary of State's Office, or the owner | ||||||
13 | or employee of any commercial driver exam training school | ||||||
14 | licensed by the Illinois Secretary of State, or any other | ||||||
15 | individual authorized by the laws of this State to give | ||||||
16 | driving instructions or administer all or part of a | ||||||
17 | driver's license examination, he or she promises or tenders | ||||||
18 | to that person any property or personal advantage which | ||||||
19 | that person is not authorized by law to accept; or | ||||||
20 | (2) with intent to cause any person to influence any | ||||||
21 | act related to the issuance of any driver's license or | ||||||
22 | permit by an employee of the Illinois Secretary of State's | ||||||
23 | Office, or the owner or employee of any commercial driver | ||||||
24 | exam training school licensed by the Illinois Secretary of |
| |||||||
| |||||||
1 | State, or any other individual authorized by the laws of | ||||||
2 | this State to give driving instructions or administer all | ||||||
3 | or part of a driver's license examination, he or she | ||||||
4 | promises or tenders to that person any property or personal | ||||||
5 | advantage which that person is not authorized by law to | ||||||
6 | accept; or | ||||||
7 | (3) as an employee of the Illinois Secretary of State's | ||||||
8 | Office, or the owner or employee of any commercial driver | ||||||
9 | exam training school licensed by the Illinois Secretary of | ||||||
10 | State, or any other individual authorized by the laws of | ||||||
11 | this State to give driving instructions or administer all | ||||||
12 | or part of a driver's license examination, solicits, | ||||||
13 | receives, retains, or agrees to accept any property or | ||||||
14 | personal advantage that he or she is not authorized by law | ||||||
15 | to accept knowing that such property or personal advantage | ||||||
16 | was promised or tendered with intent to influence the | ||||||
17 | performance of any act related to the issuance of any | ||||||
18 | driver's license or permit; or | ||||||
19 | (4) as an employee of the Illinois Secretary of State's | ||||||
20 | Office, or the owner or employee of any commercial driver | ||||||
21 | exam training school licensed by the Illinois Secretary of | ||||||
22 | State, or any other individual authorized by the laws of | ||||||
23 | this State to give driving instructions or administer all | ||||||
24 | or part of a driver's license examination, solicits, | ||||||
25 | receives, retains, or agrees to accept any property or | ||||||
26 | personal advantage pursuant to an understanding that he or |
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1 | she shall improperly influence or attempt to influence the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | performance of any act related to the issuance of any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | driver's license or permit. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (b) Sentence.
Bribery to obtain driving privileges is a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Class 2 felony.
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6 | (Source: P.A. 96-740, eff. 1-1-10.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | becoming law.
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