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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5056 Introduced 2/7/2012, by Rep. John D'Amico SYNOPSIS AS INTRODUCED:
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| 625 ILCS 5/6-205 | |
625 ILCS 5/6-206 | |
625 ILCS 5/11-1301.3 | from Ch. 95 1/2, par. 11-1301.3 |
625 ILCS 5/11-1301.5 |
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625 ILCS 5/11-1301.6 |
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Amends the Illinois Vehicle Code. Provides that it is a Class A misdemeanor with a $2,500 fine to use a disability license plate or parking decal or device to exercise privileges granted through the use of those items while the person to whom the disability license plate or parking decal or device was originally issued is deceased, and that a person who violates the new provisions or a similar local ordinance shall have his or her parking privileges revoked by the Secretary of State. Provides that a person who commits a first violation of provisions prohibiting the use of a disability license plate or parking decal or device by a person who is not the authorized holder or is not transporting the authorized holder to or from the parking location shall be fined $500 and have his or her driving privileges suspended. Provides that a person who commits a second or subsequent violation is guilty of a Class A misdemeanor, shall be fined $2,500, and shall have his or her driving privileges revoked. Provides that the Secretary of State shall suspend the driving privileges of a person who violates a similar provision of a local ordinance concerning fictitious or unlawfully altered disability
license plates or parking decals or devices or concerning fraudulent disability license plates or parking decals or devices.
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| | A BILL FOR |
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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 6-205, 6-206, 11-1301.3, 11-1301.5, and 11-1301.6 as |
6 | | follows:
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7 | | (625 ILCS 5/6-205)
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8 | | Sec. 6-205. Mandatory revocation of license or permit; |
9 | | Hardship cases.
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10 | | (a) Except as provided in this Section, the Secretary of |
11 | | State shall
immediately revoke the license, permit, or driving |
12 | | privileges of
any driver upon receiving a
report of the |
13 | | driver's conviction of any of the following offenses:
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14 | | 1. Reckless homicide resulting from the operation of a |
15 | | motor vehicle;
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16 | | 2. Violation of Section 11-501 of this Code or a |
17 | | similar provision of
a local ordinance relating to the |
18 | | offense of operating or being in physical
control of a |
19 | | vehicle while under the influence of alcohol, other drug or
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20 | | drugs, intoxicating compound or compounds, or any |
21 | | combination thereof;
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22 | | 3. Any felony under the laws of any State or the |
23 | | federal government
in the commission of which a motor |
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1 | | vehicle was used;
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2 | | 4. Violation of Section 11-401 of this Code relating to |
3 | | the offense of
leaving the scene of a traffic accident |
4 | | involving death or personal injury;
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5 | | 5. Perjury or the making of a false affidavit or |
6 | | statement under
oath to the Secretary of State under this |
7 | | Code or under any
other law relating to the ownership or |
8 | | operation of motor vehicles;
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9 | | 6. Conviction upon 3 charges of violation of Section |
10 | | 11-503 of this
Code relating to the offense of reckless |
11 | | driving committed within a
period of 12 months;
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12 | | 7. Conviction of any offense
defined in
Section 4-102 |
13 | | of this Code;
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14 | | 8. Violation of Section 11-504 of this Code relating to |
15 | | the offense
of drag racing;
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16 | | 9. Violation of Chapters 8 and 9 of this Code;
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17 | | 10. Violation of Section 12-5 of the Criminal Code of |
18 | | 1961 arising from
the use of a motor vehicle;
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19 | | 11. Violation of Section 11-204.1 of this Code relating |
20 | | to aggravated
fleeing or attempting to elude a peace |
21 | | officer;
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22 | | 12. Violation of paragraph (1) of subsection (b) of |
23 | | Section 6-507,
or a similar law of any other state, |
24 | | relating to the
unlawful operation of a commercial motor |
25 | | vehicle;
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26 | | 13. Violation of paragraph (a) of Section 11-502 of |
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1 | | this Code or a
similar provision of a local ordinance if |
2 | | the driver has been previously
convicted of a violation of |
3 | | that Section or a similar provision of a local
ordinance |
4 | | and the driver was less than 21 years of age at the time of |
5 | | the
offense;
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6 | | 14. Violation of paragraph (a) of Section 11-506 of |
7 | | this Code or a similar provision of a local ordinance |
8 | | relating to the offense of street racing;
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9 | | 15. A second or subsequent conviction of driving while |
10 | | the person's driver's license, permit or privileges was |
11 | | revoked for reckless homicide or a similar out-of-state |
12 | | offense; |
13 | | 16. Any offense against any provision in this Code, or |
14 | | any local ordinance, regulating the
movement of traffic |
15 | | when that offense was the proximate cause of the death of |
16 | | any person. Any person whose driving privileges have been |
17 | | revoked pursuant to this paragraph may seek to have the |
18 | | revocation terminated or to have the length of revocation |
19 | | reduced by requesting an administrative hearing with the |
20 | | Secretary of State prior to the projected driver's license |
21 | | application eligibility date ; . |
22 | | 17. Violation of subsection (a-2) of Section 11-1301.3 |
23 | | of this Code or a similar provision of a local ordinance. |
24 | | (b) The Secretary of State shall also immediately revoke |
25 | | the license
or permit of any driver in the following |
26 | | situations:
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1 | | 1. Of any minor upon receiving the notice provided for |
2 | | in Section
5-901 of the Juvenile Court Act of 1987 that the |
3 | | minor has been
adjudicated under that Act as having |
4 | | committed an offense relating to
motor vehicles prescribed |
5 | | in Section 4-103 of this Code;
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6 | | 2. Of any person when any other law of this State |
7 | | requires either the
revocation or suspension of a license |
8 | | or permit;
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9 | | 3. Of any person adjudicated under the Juvenile Court |
10 | | Act of 1987 based on an offense determined to have been |
11 | | committed in furtherance of the criminal activities of an |
12 | | organized gang as provided in Section 5-710 of that Act, |
13 | | and that involved the operation or use of a motor vehicle |
14 | | or the use of a driver's license or permit. The revocation |
15 | | shall remain in effect for the period determined by the |
16 | | court. Upon the direction of the court, the Secretary shall |
17 | | issue the person a judicial driving permit, also known as a |
18 | | JDP. The JDP shall be subject to the same terms as a JDP |
19 | | issued under Section 6-206.1, except that the court may |
20 | | direct that a JDP issued under this subdivision (b)(3) be |
21 | | effective immediately.
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22 | | (c)(1) Whenever a person is convicted of any of the |
23 | | offenses enumerated in
this Section, the court may recommend |
24 | | and the Secretary of State in his
discretion, without regard to |
25 | | whether the recommendation is made by the
court may, upon |
26 | | application,
issue to the person a
restricted driving permit |
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1 | | granting the privilege of driving a motor
vehicle between the |
2 | | petitioner's residence and petitioner's place
of employment or |
3 | | within the scope of the petitioner's employment related
duties, |
4 | | or to allow the petitioner to transport himself or herself or a |
5 | | family member
of the petitioner's household to a medical |
6 | | facility for the receipt of necessary medical care or to allow |
7 | | the
petitioner to transport himself or herself to and from |
8 | | alcohol or drug remedial or rehabilitative activity |
9 | | recommended by a licensed service provider, or to allow the
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10 | | petitioner to transport himself or herself or a family member |
11 | | of the petitioner's household to classes, as a student, at an |
12 | | accredited educational
institution, or to allow the petitioner |
13 | | to transport children, elderly persons, or disabled persons who |
14 | | do not hold driving privileges and are living in the |
15 | | petitioner's household to and from daycare; if the petitioner |
16 | | is able to demonstrate that no alternative means
of |
17 | | transportation is reasonably available and that the petitioner |
18 | | will not endanger
the public safety or welfare; provided that |
19 | | the Secretary's discretion shall be
limited to cases where |
20 | | undue hardship, as defined by the rules of the Secretary of |
21 | | State, would result from a failure to issue the
restricted |
22 | | driving permit. Those multiple offenders identified in |
23 | | subdivision (b)4 of Section 6-208 of this Code, however, shall |
24 | | not be eligible for the issuance of a restricted driving |
25 | | permit.
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26 | | (2) If a person's license or permit is revoked or |
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1 | | suspended due to 2 or
more convictions of violating Section |
2 | | 11-501 of this Code or a similar
provision of a local |
3 | | ordinance or a similar out-of-state offense, or Section 9-3 |
4 | | of the Criminal Code of 1961, where the use of alcohol or |
5 | | other drugs is recited as an element of the offense, or a |
6 | | similar out-of-state offense, or a combination of these |
7 | | offenses, arising out
of separate occurrences, that |
8 | | person, if issued a restricted driving permit,
may not |
9 | | operate a vehicle unless it has been equipped with an |
10 | | ignition
interlock device as defined in Section 1-129.1.
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11 | | (3) If:
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12 | | (A) a person's license or permit is revoked or |
13 | | suspended 2 or more
times within a 10 year period due |
14 | | to any combination of: |
15 | | (i)
a single conviction of violating Section
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16 | | 11-501 of this Code or a similar provision of a |
17 | | local ordinance or a similar
out-of-state offense, |
18 | | or Section 9-3 of the Criminal Code of 1961, where |
19 | | the use of alcohol or other drugs is recited as an |
20 | | element of the offense, or a similar out-of-state |
21 | | offense; or |
22 | | (ii)
a statutory summary suspension or |
23 | | revocation under Section
11-501.1; or |
24 | | (iii)
a suspension pursuant to Section |
25 | | 6-203.1;
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26 | | arising out of
separate occurrences; or |
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1 | | (B)
a person has been convicted of one violation of |
2 | | Section 6-303 of this Code committed while his or her |
3 | | driver's license, permit, or privilege was revoked |
4 | | because of a violation of Section 9-3 of the Criminal |
5 | | Code of 1961, relating to the offense of reckless |
6 | | homicide where the use of alcohol or other drugs was |
7 | | recited as an element of the offense, or a similar |
8 | | provision of a law of another state;
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9 | | that person, if issued a restricted
driving permit, may not |
10 | | operate a vehicle unless it has been equipped with an
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11 | | ignition interlock device as defined in Section 1-129.1. |
12 | | (4)
The person issued a permit conditioned on the use |
13 | | of an ignition interlock device must pay to the Secretary |
14 | | of State DUI Administration Fund an amount
not to exceed |
15 | | $30 per month. The Secretary shall establish by rule the |
16 | | amount
and the procedures, terms, and conditions relating |
17 | | to these fees. |
18 | | (5)
If the restricted driving permit is issued for |
19 | | employment purposes, then
the prohibition against |
20 | | operating a motor vehicle that is not equipped with an |
21 | | ignition interlock device does not apply to the operation |
22 | | of an occupational vehicle
owned or leased by that person's |
23 | | employer when used solely for employment purposes. |
24 | | (6)
In each case the Secretary of State may issue a
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25 | | restricted driving permit for a period he deems |
26 | | appropriate, except that the
permit shall expire within one |
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1 | | year from the date of issuance. The Secretary
may not, |
2 | | however, issue a restricted driving permit to any person |
3 | | whose current
revocation is the result of a second or |
4 | | subsequent conviction for a violation
of Section 11-501 of |
5 | | this Code or a similar provision of a local ordinance
or |
6 | | any similar out-of-state offense, or Section 9-3 of the |
7 | | Criminal Code of 1961, where the use of alcohol or other |
8 | | drugs is recited as an element of the offense, or any |
9 | | similar out-of-state offense, or any combination of these |
10 | | offenses, until the expiration of at least one year from |
11 | | the date of the
revocation. A restricted
driving permit |
12 | | issued under this Section shall be
subject to cancellation, |
13 | | revocation, and suspension by the Secretary of
State in |
14 | | like manner and for like cause as a driver's license issued
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15 | | under this Code may be cancelled, revoked, or
suspended; |
16 | | except that a conviction upon one or more offenses against |
17 | | laws or
ordinances regulating the movement of traffic shall |
18 | | be deemed sufficient cause
for the revocation, suspension, |
19 | | or cancellation of a restricted driving permit.
The |
20 | | Secretary of State may, as a condition to the issuance of a |
21 | | restricted
driving permit, require the petitioner to |
22 | | participate in a designated driver
remedial or |
23 | | rehabilitative program. The Secretary of State is |
24 | | authorized to
cancel a restricted driving permit if the |
25 | | permit holder does not successfully
complete the program. |
26 | | However, if an individual's driving privileges have been
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1 | | revoked in accordance with paragraph 13 of subsection (a) |
2 | | of this Section, no
restricted driving permit shall be |
3 | | issued until the individual has served 6
months of the |
4 | | revocation period.
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5 | | (c-5) (Blank).
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6 | | (c-6) If a person is convicted of a second violation of |
7 | | operating a motor vehicle while the person's driver's license, |
8 | | permit or privilege was revoked, where the revocation was for a |
9 | | violation of Section 9-3 of the Criminal Code of 1961 relating |
10 | | to the offense of reckless homicide or a similar out-of-state |
11 | | offense, the person's driving privileges shall be revoked |
12 | | pursuant to subdivision (a)(15) of this Section. The person may |
13 | | not make application for a license or permit until the |
14 | | expiration of five years from the effective date of the |
15 | | revocation or the expiration of five years from the date of |
16 | | release from a term of imprisonment, whichever is later. |
17 | | (c-7) If a person is convicted of a third or subsequent |
18 | | violation of operating a motor vehicle while the person's |
19 | | driver's license, permit or privilege was revoked, where the |
20 | | revocation was for a violation of Section 9-3 of the Criminal |
21 | | Code of 1961 relating to the offense of reckless homicide or a |
22 | | similar out-of-state offense, the person may never apply for a |
23 | | license or permit. |
24 | | (d)(1) Whenever a person under the age of 21 is convicted |
25 | | under Section
11-501 of this Code or a similar provision of a |
26 | | local ordinance or a similar out-of-state offense, the
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1 | | Secretary of State shall revoke the driving privileges of that |
2 | | person. One
year after the date of revocation, and upon |
3 | | application, the Secretary of
State may, if satisfied that the |
4 | | person applying will not endanger the
public safety or welfare, |
5 | | issue a restricted driving permit granting the
privilege of |
6 | | driving a motor vehicle only between the hours of 5 a.m. and 9
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7 | | p.m. or as otherwise provided by this Section for a period of |
8 | | one year.
After this one year period, and upon reapplication |
9 | | for a license as
provided in Section 6-106, upon payment of the |
10 | | appropriate reinstatement
fee provided under paragraph (b) of |
11 | | Section 6-118, the Secretary of State,
in his discretion, may
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12 | | reinstate the petitioner's driver's license and driving |
13 | | privileges, or extend the restricted driving permit as many |
14 | | times as the
Secretary of State deems appropriate, by |
15 | | additional periods of not more than
12 months each.
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16 | | (2) If a person's license or permit is revoked or |
17 | | suspended due to 2 or
more convictions of violating Section |
18 | | 11-501 of this Code or a similar
provision of a local |
19 | | ordinance or a similar out-of-state offense, or Section 9-3 |
20 | | of the Criminal Code of 1961, where the use of alcohol or |
21 | | other drugs is recited as an element of the offense, or a |
22 | | similar out-of-state offense, or a combination of these |
23 | | offenses, arising out
of separate occurrences, that |
24 | | person, if issued a restricted driving permit,
may not |
25 | | operate a vehicle unless it has been equipped with an |
26 | | ignition
interlock device as defined in Section 1-129.1.
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1 | | (3) If a person's license or permit is revoked or |
2 | | suspended 2 or more times
within a 10 year period due to |
3 | | any combination of: |
4 | | (A) a single conviction of violating Section |
5 | | 11-501
of this
Code or a similar provision of a local |
6 | | ordinance or a similar out-of-state
offense, or |
7 | | Section 9-3 of the Criminal Code of 1961, where the use |
8 | | of alcohol or other drugs is recited as an element of |
9 | | the offense, or a similar out-of-state offense; or |
10 | | (B)
a statutory summary suspension or revocation |
11 | | under Section 11-501.1; or |
12 | | (C) a suspension pursuant to Section 6-203.1; |
13 | | arising out of separate occurrences, that person, if issued |
14 | | a
restricted
driving permit, may not operate a vehicle |
15 | | unless it has been equipped with an
ignition interlock |
16 | | device as defined in Section 1-129.1. |
17 | | (4)
The person issued a permit conditioned upon the use |
18 | | of an interlock device must pay to the Secretary of State |
19 | | DUI Administration Fund an amount
not to exceed $30 per |
20 | | month. The Secretary shall establish by rule the amount
and |
21 | | the procedures, terms, and conditions relating to these |
22 | | fees. |
23 | | (5)
If the restricted driving permit is issued for |
24 | | employment purposes, then
the prohibition against driving |
25 | | a vehicle that is not equipped with an ignition interlock |
26 | | device does not apply to the operation of an occupational |
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1 | | vehicle
owned or leased by that person's employer when used |
2 | | solely for employment purposes. |
3 | | (6) A
restricted driving permit issued under this |
4 | | Section shall be subject to
cancellation, revocation, and |
5 | | suspension by the Secretary of State in like
manner and for |
6 | | like cause as a driver's license issued under this Code may |
7 | | be
cancelled, revoked, or suspended; except that a |
8 | | conviction upon one or more
offenses against laws or |
9 | | ordinances regulating the movement of traffic
shall be |
10 | | deemed sufficient cause for the revocation, suspension, or
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11 | | cancellation of a restricted driving permit.
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12 | | (d-5) The revocation of the license, permit, or driving |
13 | | privileges of a person convicted of a third or subsequent |
14 | | violation of Section 6-303 of this Code committed while his or |
15 | | her driver's license, permit, or privilege was revoked because |
16 | | of a violation of Section 9-3 of the Criminal Code of 1961, |
17 | | relating to the offense of reckless homicide, or a similar |
18 | | provision of a law of another state, is permanent. The |
19 | | Secretary may not, at any time, issue a license or permit to |
20 | | that person.
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21 | | (e) This Section is subject to the provisions of the Driver |
22 | | License
Compact.
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23 | | (f) Any revocation imposed upon any person under |
24 | | subsections 2
and 3 of paragraph (b) that is in effect on |
25 | | December 31, 1988 shall be
converted to a suspension for a like |
26 | | period of time.
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1 | | (g) The Secretary of State shall not issue a restricted |
2 | | driving permit to
a person under the age of 16 years whose |
3 | | driving privileges have been revoked
under any provisions of |
4 | | this Code.
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5 | | (h) The Secretary of State shall require the use of |
6 | | ignition interlock
devices on all vehicles owned by a person |
7 | | who has been convicted of a
second or subsequent offense under |
8 | | Section 11-501 of this Code or a similar
provision of a local |
9 | | ordinance. The person must pay to the Secretary of State DUI |
10 | | Administration Fund an amount not to exceed $30 for each month |
11 | | that he or she uses the device. The Secretary shall establish |
12 | | by rule and
regulation the procedures for certification and use |
13 | | of the interlock
system, the amount of the fee, and the |
14 | | procedures, terms, and conditions relating to these fees.
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15 | | (i) (Blank).
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16 | | (j) In accordance with 49 C.F.R. 384, the Secretary of |
17 | | State may not issue a restricted driving permit for the |
18 | | operation of a commercial motor vehicle to a person holding a |
19 | | CDL whose driving privileges have been revoked, suspended, |
20 | | cancelled, or disqualified under any provisions of this Code.
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21 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; |
22 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. |
23 | | 7-1-11; 97-333, eff. 8-12-11.)
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24 | | (625 ILCS 5/6-206)
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25 | | Sec. 6-206. Discretionary authority to suspend or revoke |
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1 | | license or
permit; Right to a hearing.
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2 | | (a) The Secretary of State is authorized to suspend or |
3 | | revoke the
driving privileges of any person without preliminary |
4 | | hearing upon a showing
of the person's records or other |
5 | | sufficient evidence that
the person:
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6 | | 1. Has committed an offense for which mandatory |
7 | | revocation of
a driver's license or permit is required upon |
8 | | conviction;
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9 | | 2. Has been convicted of not less than 3 offenses |
10 | | against traffic
regulations governing the movement of |
11 | | vehicles committed within any 12
month period. No |
12 | | revocation or suspension shall be entered more than
6 |
13 | | months after the date of last conviction;
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14 | | 3. Has been repeatedly involved as a driver in motor |
15 | | vehicle
collisions or has been repeatedly convicted of |
16 | | offenses against laws and
ordinances regulating the |
17 | | movement of traffic, to a degree that
indicates lack of |
18 | | ability to exercise ordinary and reasonable care in
the |
19 | | safe operation of a motor vehicle or disrespect for the |
20 | | traffic laws
and the safety of other persons upon the |
21 | | highway;
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22 | | 4. Has by the unlawful operation of a motor vehicle |
23 | | caused or
contributed to an accident resulting in injury |
24 | | requiring
immediate professional treatment in a medical |
25 | | facility or doctor's office
to any person, except that any |
26 | | suspension or revocation imposed by the
Secretary of State |
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1 | | under the provisions of this subsection shall start no
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2 | | later than 6 months after being convicted of violating a |
3 | | law or
ordinance regulating the movement of traffic, which |
4 | | violation is related
to the accident, or shall start not |
5 | | more than one year
after
the date of the accident, |
6 | | whichever date occurs later;
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7 | | 5. Has permitted an unlawful or fraudulent use of a |
8 | | driver's
license, identification card, or permit;
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9 | | 6. Has been lawfully convicted of an offense or |
10 | | offenses in another
state, including the authorization |
11 | | contained in Section 6-203.1, which
if committed within |
12 | | this State would be grounds for suspension or revocation;
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13 | | 7. Has refused or failed to submit to an examination |
14 | | provided for by
Section 6-207 or has failed to pass the |
15 | | examination;
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16 | | 8. Is ineligible for a driver's license or permit under |
17 | | the provisions
of Section 6-103;
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18 | | 9. Has made a false statement or knowingly concealed a |
19 | | material fact
or has used false information or |
20 | | identification in any application for a
license, |
21 | | identification card, or permit;
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22 | | 10. Has possessed, displayed, or attempted to |
23 | | fraudulently use any
license, identification card, or |
24 | | permit not issued to the person;
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25 | | 11. Has operated a motor vehicle upon a highway of this |
26 | | State when
the person's driving privilege or privilege to |
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1 | | obtain a driver's license
or permit was revoked or |
2 | | suspended unless the operation was authorized by
a |
3 | | monitoring device driving permit, judicial driving permit |
4 | | issued prior to January 1, 2009, probationary license to |
5 | | drive, or a restricted
driving permit issued under this |
6 | | Code;
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7 | | 12. Has submitted to any portion of the application |
8 | | process for
another person or has obtained the services of |
9 | | another person to submit to
any portion of the application |
10 | | process for the purpose of obtaining a
license, |
11 | | identification card, or permit for some other person;
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12 | | 13. Has operated a motor vehicle upon a highway of this |
13 | | State when
the person's driver's license or permit was |
14 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
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15 | | 14. Has committed a violation of Section 6-301, |
16 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
17 | | of the Illinois Identification Card
Act;
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18 | | 15. Has been convicted of violating Section 21-2 of the |
19 | | Criminal Code
of 1961 relating to criminal trespass to |
20 | | vehicles in which case, the suspension
shall be for one |
21 | | year;
|
22 | | 16. Has been convicted of violating Section 11-204 of |
23 | | this Code relating
to fleeing from a peace officer;
|
24 | | 17. Has refused to submit to a test, or tests, as |
25 | | required under Section
11-501.1 of this Code and the person |
26 | | has not sought a hearing as
provided for in Section |
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1 | | 11-501.1;
|
2 | | 18. Has, since issuance of a driver's license or |
3 | | permit, been adjudged
to be afflicted with or suffering |
4 | | from any mental disability or disease;
|
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 an accident |
12 | | resulting in damage
to a vehicle in excess of $1,000, in |
13 | | which case the suspension shall be
for one year;
|
14 | | 22. Has used a motor vehicle in violating paragraph |
15 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
16 | | the Criminal Code of 1961 relating
to unlawful use of |
17 | | weapons, in which case the suspension shall be for one
|
18 | | year;
|
19 | | 23. Has, as a driver, been convicted of committing a |
20 | | violation of
paragraph (a) of Section 11-502 of this Code |
21 | | for a second or subsequent
time within one year of a |
22 | | similar violation;
|
23 | | 24. Has been convicted by a court-martial or punished |
24 | | by non-judicial
punishment by military authorities of the |
25 | | United States at a military
installation in Illinois of or |
26 | | for a traffic related offense that is the
same as or |
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1 | | similar to an offense specified under Section 6-205 or |
2 | | 6-206 of
this Code;
|
3 | | 25. Has permitted any form of identification to be used |
4 | | by another in
the application process in order to obtain or |
5 | | attempt to obtain a license,
identification card, or |
6 | | permit;
|
7 | | 26. Has altered or attempted to alter a license or has |
8 | | possessed an
altered license, identification card, or |
9 | | permit;
|
10 | | 27. Has violated Section 6-16 of the Liquor Control Act |
11 | | of 1934;
|
12 | | 28. Has been convicted of the illegal possession, while |
13 | | operating or
in actual physical control, as a driver, of a |
14 | | motor vehicle, of any
controlled substance prohibited |
15 | | under the Illinois Controlled Substances
Act, any cannabis |
16 | | prohibited under the Cannabis Control
Act, or any |
17 | | methamphetamine prohibited under the Methamphetamine |
18 | | Control and Community Protection Act, in which case the |
19 | | person's driving privileges shall be suspended for
one |
20 | | year, and any driver who is convicted of a second or |
21 | | subsequent
offense, within 5 years of a previous |
22 | | conviction, for the illegal
possession, while operating or |
23 | | in actual physical control, as a driver, of
a motor |
24 | | vehicle, of any controlled substance prohibited under the |
25 | | Illinois Controlled Substances Act, any cannabis
|
26 | | prohibited under the Cannabis Control Act, or any |
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1 | | methamphetamine prohibited under the Methamphetamine |
2 | | Control and Community Protection Act shall be suspended for |
3 | | 5 years.
Any defendant found guilty of this offense while |
4 | | operating a motor vehicle,
shall have an entry made in the |
5 | | court record by the presiding judge that
this offense did |
6 | | occur while the defendant was operating a motor vehicle
and |
7 | | order the clerk of the court to report the violation to the |
8 | | Secretary
of State;
|
9 | | 29. Has been convicted of the following offenses that |
10 | | were committed
while the person was operating or in actual |
11 | | physical control, as a driver,
of a motor vehicle: criminal |
12 | | sexual assault,
predatory criminal sexual assault of a |
13 | | child,
aggravated criminal sexual
assault, criminal sexual |
14 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, |
15 | | soliciting for a juvenile prostitute, promoting juvenile |
16 | | prostitution as described in subdivision (a)(1), (a)(2), |
17 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961, |
18 | | and the manufacture, sale or
delivery of controlled |
19 | | substances or instruments used for illegal drug use
or |
20 | | abuse in which case the driver's driving privileges shall |
21 | | be suspended
for one year;
|
22 | | 30. Has been convicted a second or subsequent time for |
23 | | any
combination of the offenses named in paragraph 29 of |
24 | | this subsection,
in which case the person's driving |
25 | | privileges shall be suspended for 5
years;
|
26 | | 31. Has refused to submit to a test as
required by |
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1 | | Section 11-501.6 or has submitted to a test resulting in
an |
2 | | alcohol concentration of 0.08 or more or any amount of a |
3 | | drug, substance, or
compound resulting from the unlawful |
4 | | use or consumption of cannabis as listed
in the Cannabis |
5 | | Control Act, a controlled substance as listed in the |
6 | | Illinois
Controlled Substances Act, an intoxicating |
7 | | compound as listed in the Use of
Intoxicating Compounds |
8 | | Act, or methamphetamine as listed in the Methamphetamine |
9 | | Control and Community Protection Act, in which case the |
10 | | penalty shall be
as prescribed in Section 6-208.1;
|
11 | | 32. Has been convicted of Section 24-1.2 of the |
12 | | Criminal Code of
1961 relating to the aggravated discharge |
13 | | of a firearm if the offender was
located in a motor vehicle |
14 | | at the time the firearm was discharged, in which
case the |
15 | | suspension shall be for 3 years;
|
16 | | 33. Has as a driver, who was less than 21 years of age |
17 | | on the date of
the offense, been convicted a first time of |
18 | | a violation of paragraph (a) of
Section 11-502 of this Code |
19 | | or a similar provision of a local ordinance;
|
20 | | 34. Has committed a violation of Section 11-1301.5 of |
21 | | this Code or a similar provision of a local ordinance ;
|
22 | | 35. Has committed a violation of Section 11-1301.6 of |
23 | | this Code or a similar provision of a local ordinance ;
|
24 | | 36. Is under the age of 21 years at the time of arrest |
25 | | and has been
convicted of not less than 2 offenses against |
26 | | traffic regulations governing
the movement of vehicles |
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1 | | committed within any 24 month period. No revocation
or |
2 | | suspension shall be entered more than 6 months after the |
3 | | date of last
conviction;
|
4 | | 37. Has committed a violation of subsection (c) of |
5 | | Section 11-907 of this
Code that resulted in damage to the |
6 | | property of another or the death or injury of another;
|
7 | | 38. Has been convicted of a violation of Section 6-20 |
8 | | of the Liquor
Control Act of 1934 or a similar provision of |
9 | | a local ordinance;
|
10 | | 39. Has committed a second or subsequent violation of |
11 | | Section
11-1201 of this Code;
|
12 | | 40. Has committed a violation of subsection (a-1) of |
13 | | Section 11-908 of
this Code; |
14 | | 41. Has committed a second or subsequent violation of |
15 | | Section 11-605.1 of this Code, a similar provision of a |
16 | | local ordinance, or a similar violation in any other state |
17 | | within 2 years of the date of the previous violation, in |
18 | | which case the suspension shall be for 90 days; |
19 | | 42. Has committed a violation of subsection (a-1) of |
20 | | Section 11-1301.3 of this Code or a similar provision of a |
21 | | local ordinance ;
|
22 | | 43. Has received a disposition of court supervision for |
23 | | a violation of subsection (a), (d), or (e) of Section 6-20 |
24 | | of the Liquor
Control Act of 1934 or a similar provision of |
25 | | a local ordinance, in which case the suspension shall be |
26 | | for a period of 3 months;
|
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1 | | 44.
Is under the age of 21 years at the time of arrest |
2 | | and has been convicted of an offense against traffic |
3 | | regulations governing the movement of vehicles after |
4 | | having previously had his or her driving privileges
|
5 | | suspended or revoked pursuant to subparagraph 36 of this |
6 | | Section; or |
7 | | 45.
Has, in connection with or during the course of a |
8 | | formal hearing conducted under Section 2-118 of this Code: |
9 | | (i) committed perjury; (ii) submitted fraudulent or |
10 | | falsified documents; (iii) submitted documents that have |
11 | | been materially altered; or (iv) submitted, as his or her |
12 | | own, documents that were in fact prepared or composed for |
13 | | another person.
|
14 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
15 | | and 27 of this
subsection, license means any driver's license, |
16 | | any traffic ticket issued when
the person's driver's license is |
17 | | deposited in lieu of bail, a suspension
notice issued by the |
18 | | Secretary of State, a duplicate or corrected driver's
license, |
19 | | a probationary driver's license or a temporary driver's |
20 | | license.
|
21 | | (b) If any conviction forming the basis of a suspension or
|
22 | | revocation authorized under this Section is appealed, the
|
23 | | Secretary of State may rescind or withhold the entry of the |
24 | | order of suspension
or revocation, as the case may be, provided |
25 | | that a certified copy of a stay
order of a court is filed with |
26 | | the Secretary of State. If the conviction is
affirmed on |
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1 | | appeal, the date of the conviction shall relate back to the |
2 | | time
the original judgment of conviction was entered and the 6 |
3 | | month limitation
prescribed shall not apply.
|
4 | | (c) 1. Upon suspending or revoking the driver's license or |
5 | | permit of
any person as authorized in this Section, the |
6 | | Secretary of State shall
immediately notify the person in |
7 | | writing of the revocation or suspension.
The notice to be |
8 | | deposited in the United States mail, postage prepaid,
to the |
9 | | last known address of the person.
|
10 | | 2. If the Secretary of State suspends the driver's |
11 | | license
of a person under subsection 2 of paragraph (a) of |
12 | | this Section, a
person's privilege to operate a vehicle as |
13 | | an occupation shall not be
suspended, provided an affidavit |
14 | | is properly completed, the appropriate fee
received, and a |
15 | | permit issued prior to the effective date of the
|
16 | | suspension, unless 5 offenses were committed, at least 2 of |
17 | | which occurred
while operating a commercial vehicle in |
18 | | connection with the driver's
regular occupation. All other |
19 | | driving privileges shall be suspended by the
Secretary of |
20 | | State. Any driver prior to operating a vehicle for
|
21 | | occupational purposes only must submit the affidavit on |
22 | | forms to be
provided by the Secretary of State setting |
23 | | forth the facts of the person's
occupation. The affidavit |
24 | | shall also state the number of offenses
committed while |
25 | | operating a vehicle in connection with the driver's regular
|
26 | | occupation. The affidavit shall be accompanied by the |
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1 | | driver's license.
Upon receipt of a properly completed |
2 | | affidavit, the Secretary of State
shall issue the driver a |
3 | | permit to operate a vehicle in connection with the
driver's |
4 | | regular occupation only. Unless the permit is issued by the
|
5 | | Secretary of State prior to the date of suspension, the |
6 | | privilege to drive
any motor vehicle shall be suspended as |
7 | | set forth in the notice that was
mailed under this Section. |
8 | | If an affidavit is received subsequent to the
effective |
9 | | date of this suspension, a permit may be issued for the |
10 | | remainder
of the suspension period.
|
11 | | The provisions of this subparagraph shall not apply to |
12 | | any driver
required to possess a CDL for the purpose of |
13 | | operating a commercial motor vehicle.
|
14 | | Any person who falsely states any fact in the affidavit |
15 | | required
herein shall be guilty of perjury under Section |
16 | | 6-302 and upon conviction
thereof shall have all driving |
17 | | privileges revoked without further rights.
|
18 | | 3. At the conclusion of a hearing under Section 2-118 |
19 | | of this Code,
the Secretary of State shall either rescind |
20 | | or continue an order of
revocation or shall substitute an |
21 | | order of suspension; or, good
cause appearing therefor, |
22 | | rescind, continue, change, or extend the
order of |
23 | | suspension. If the Secretary of State does not rescind the |
24 | | order,
the Secretary may upon application,
to relieve undue |
25 | | hardship (as defined by the rules of the Secretary of |
26 | | State), issue
a restricted driving permit granting the |
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1 | | privilege of driving a motor
vehicle between the |
2 | | petitioner's residence and petitioner's place of
|
3 | | employment or within the scope of the petitioner's |
4 | | employment related duties, or to
allow the petitioner to |
5 | | transport himself or herself, or a family member of the
|
6 | | petitioner's household to a medical facility, to receive |
7 | | necessary medical care, to allow the petitioner to |
8 | | transport himself or herself to and from alcohol or drug
|
9 | | remedial or rehabilitative activity recommended by a |
10 | | licensed service provider, or to allow the petitioner to |
11 | | transport himself or herself or a family member of the |
12 | | petitioner's household to classes, as a student, at an |
13 | | accredited educational institution, or to allow the |
14 | | petitioner to transport children, elderly persons, or |
15 | | disabled persons who do not hold driving privileges and are |
16 | | living in the petitioner's household to and from daycare. |
17 | | The
petitioner must demonstrate that no alternative means |
18 | | of
transportation is reasonably available and that the |
19 | | petitioner will not endanger
the public safety or welfare. |
20 | | Those multiple offenders identified in subdivision (b)4 of |
21 | | Section 6-208 of this Code, however, shall not be eligible |
22 | | for the issuance of a restricted driving permit.
|
23 | |
(A) If a person's license or permit is revoked or |
24 | | suspended due to 2
or more convictions of violating |
25 | | Section 11-501 of this Code or a similar
provision of a |
26 | | local ordinance or a similar out-of-state offense, or |
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1 | | Section 9-3 of the Criminal Code of 1961, where the use |
2 | | of alcohol or other drugs is recited as an element of |
3 | | the offense, or a similar out-of-state offense, or a |
4 | | combination of these offenses, arising out
of separate |
5 | | occurrences, that person, if issued a restricted |
6 | | driving permit,
may not operate a vehicle unless it has |
7 | | been equipped with an ignition
interlock device as |
8 | | defined in Section 1-129.1.
|
9 | | (B) If a person's license or permit is revoked or |
10 | | suspended 2 or more
times within a 10 year period due |
11 | | to any combination of: |
12 | | (i) a single conviction of violating Section
|
13 | | 11-501 of this Code or a similar provision of a |
14 | | local ordinance or a similar
out-of-state offense |
15 | | or Section 9-3 of the Criminal Code of 1961, where |
16 | | the use of alcohol or other drugs is recited as an |
17 | | element of the offense, or a similar out-of-state |
18 | | offense; or |
19 | | (ii) a statutory summary suspension or |
20 | | revocation under Section
11-501.1; or |
21 | | (iii) a suspension under Section 6-203.1; |
22 | | arising out of
separate occurrences; that person, if |
23 | | issued a restricted driving permit, may
not operate a |
24 | | vehicle unless it has been
equipped with an ignition |
25 | | interlock device as defined in Section 1-129.1. |
26 | | (C)
The person issued a permit conditioned upon the |
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1 | | use of an ignition interlock device must pay to the |
2 | | Secretary of State DUI Administration Fund an amount
|
3 | | not to exceed $30 per month. The Secretary shall |
4 | | establish by rule the amount
and the procedures, terms, |
5 | | and conditions relating to these fees. |
6 | | (D) If the
restricted driving permit is issued for |
7 | | employment purposes, then the prohibition against |
8 | | operating a motor vehicle that is not equipped with an |
9 | | ignition interlock device does not apply to the |
10 | | operation of an occupational vehicle owned or
leased by |
11 | | that person's employer when used solely for employment |
12 | | purposes. |
13 | | (E) In each case the Secretary may issue a
|
14 | | restricted driving permit for a period deemed |
15 | | appropriate, except that all
permits shall expire |
16 | | within one year from the date of issuance. The |
17 | | Secretary
may not, however, issue a restricted driving |
18 | | permit to any person whose current
revocation is the |
19 | | result of a second or subsequent conviction for a |
20 | | violation
of Section 11-501 of this Code or a similar |
21 | | provision of a local ordinance
or any similar |
22 | | out-of-state offense, or Section 9-3 of the Criminal |
23 | | Code of 1961, where the use of alcohol or other drugs |
24 | | is recited as an element of the offense, or any similar |
25 | | out-of-state offense, or any combination
of those |
26 | | offenses, until the expiration of at least one year |
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1 | | from the date of
the revocation. A
restricted driving |
2 | | permit issued under this Section shall be subject to
|
3 | | cancellation, revocation, and suspension by the |
4 | | Secretary of State in like
manner and for like cause as |
5 | | a driver's license issued under this Code may be
|
6 | | cancelled, revoked, or suspended; except that a |
7 | | conviction upon one or more
offenses against laws or |
8 | | ordinances regulating the movement of traffic
shall be |
9 | | deemed sufficient cause for the revocation, |
10 | | suspension, or
cancellation of a restricted driving |
11 | | permit. The Secretary of State may, as
a condition to |
12 | | the issuance of a restricted driving permit, require |
13 | | the
applicant to participate in a designated driver |
14 | | remedial or rehabilitative
program. The Secretary of |
15 | | State is authorized to cancel a restricted
driving |
16 | | permit if the permit holder does not successfully |
17 | | complete the program.
|
18 | | (c-3) In the case of a suspension under paragraph 43 of |
19 | | subsection (a), reports received by the Secretary of State |
20 | | under this Section shall, except during the actual time the |
21 | | suspension is in effect, be privileged information and for use |
22 | | only by the courts, police officers, prosecuting authorities, |
23 | | the driver licensing administrator of any other state, the |
24 | | Secretary of State, or the parent or legal guardian of a driver |
25 | | under the age of 18. However, beginning January 1, 2008, if the |
26 | | person is a CDL holder, the suspension shall also be made |
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1 | | available to the driver licensing administrator of any other |
2 | | state, the U.S. Department of Transportation, and the affected |
3 | | driver or motor
carrier or prospective motor carrier upon |
4 | | request.
|
5 | | (c-4) In the case of a suspension under paragraph 43 of |
6 | | subsection (a), the Secretary of State shall notify the person |
7 | | by mail that his or her driving privileges and driver's license |
8 | | will be suspended one month after the date of the mailing of |
9 | | the notice.
|
10 | | (c-5) The Secretary of State may, as a condition of the |
11 | | reissuance of a
driver's license or permit to an applicant |
12 | | whose driver's license or permit has
been suspended before he |
13 | | or she reached the age of 21 years pursuant to any of
the |
14 | | provisions of this Section, require the applicant to |
15 | | participate in a
driver remedial education course and be |
16 | | retested under Section 6-109 of this
Code.
|
17 | | (d) This Section is subject to the provisions of the |
18 | | Drivers License
Compact.
|
19 | | (e) The Secretary of State shall not issue a restricted |
20 | | driving permit to
a person under the age of 16 years whose |
21 | | driving privileges have been suspended
or revoked under any |
22 | | provisions of this Code.
|
23 | | (f) In accordance with 49 C.F.R. 384, the Secretary of |
24 | | State may not issue a restricted driving permit for the |
25 | | operation of a commercial motor vehicle to a person holding a |
26 | | CDL whose driving privileges have been suspended, revoked, |
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1 | | cancelled, or disqualified under any provisions of this Code. |
2 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; |
3 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. |
4 | | 7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, |
5 | | eff. 8-12-11; revised 9-15-11.)
|
6 | | (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
|
7 | | Sec. 11-1301.3. Unauthorized use of parking places |
8 | | reserved for persons with
disabilities. |
9 | | (a) It shall be prohibited to park any motor vehicle which |
10 | | is not properly
displaying
registration plates or decals issued |
11 | | to a person with disabilities, as defined
by Section 1-159.1, |
12 | | pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a |
13 | | disabled veteran pursuant to Section 3-609 of this Act, as |
14 | | evidence that the
vehicle is operated by or for a person with |
15 | | disabilities or disabled veteran,
in any parking place, |
16 | | including any private
or public offstreet parking facility, |
17 | | specifically reserved, by the
posting of an official sign as |
18 | | designated under Section 11-301, for
motor vehicles displaying |
19 | | such registration plates.
It shall be prohibited to park any |
20 | | motor vehicle in a designated access
aisle adjacent to any |
21 | | parking place specifically reserved for persons with
|
22 | | disabilities, by the posting of an official sign as designated |
23 | | under Section
11-301, for motor vehicles displaying such |
24 | | registration plates.
When using the parking privileges for |
25 | | persons with disabilities, the parking
decal or device must be |
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1 | | displayed properly in the vehicle where it is clearly
visible |
2 | | to law enforcement personnel, either hanging from the rearview |
3 | | mirror
or placed on the dashboard of the vehicle in clear view.
|
4 | | Disability license plates and parking decals and devices are |
5 | | not transferable from person to person. Proper usage of the |
6 | | disability license plate or parking decal or device requires |
7 | | the authorized holder to be present and enter or exit the |
8 | | vehicle at the time the parking privileges are being used. It |
9 | | is a violation of this Section to park in a space reserved for |
10 | | a person with disabilities if the authorized holder of the |
11 | | disability license plate or parking decal or device does not |
12 | | enter or exit the vehicle at the time the parking privileges |
13 | | are being used. Any motor vehicle properly displaying a |
14 | | disability license plate or a
parking decal or device |
15 | | containing the International symbol of access
issued to persons |
16 | | with disabilities by any local authority, state, district,
|
17 | | territory or foreign country shall be recognized by State and |
18 | | local
authorities as a valid license plate or device and |
19 | | receive the same parking
privileges as residents of this State.
|
20 | | (a-1) An individual with a vehicle displaying disability |
21 | | license plates or a parking decal or device issued to a |
22 | | qualified person with a disability under Sections 3-616, |
23 | | 11-1301.1, or 11-1301.2 or to a disabled veteran under Section |
24 | | 3-609 is in violation of this Section if (i) the person using |
25 | | the disability license plate or parking decal or device is not |
26 | | the authorized holder of the disability license plate or |
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1 | | parking decal or device or is not transporting the authorized |
2 | | holder of the disability license plate or parking decal or |
3 | | device to or from the parking location and (ii) the person uses |
4 | | the disability license plate or parking decal or device to |
5 | | exercise any privileges granted through the disability license |
6 | | plate or parking decals or devices under this Code.
|
7 | | (a-2) A driver of a vehicle displaying disability license |
8 | | plates or a parking decal or device issued to a qualified |
9 | | person with a disability under Sections 3-616, 11-1301.1, or |
10 | | 11-1301.2 or to a disabled veteran under Section 3-609 is in |
11 | | violation of this Section if (i) the person to whom the |
12 | | disability license plate or parking decal or device was issued |
13 | | is deceased and (ii) the driver uses the disability license |
14 | | plate or parking decal or device to exercise any privileges |
15 | | granted through a disability license plate or parking decal or |
16 | | device under this Code. |
17 | | (b) Any person or local authority owning or operating any |
18 | | public or private
offstreet parking facility may, after |
19 | | notifying the police or sheriff's
department, remove or cause |
20 | | to be removed to the nearest garage or other
place of safety |
21 | | any vehicle parked within a stall or space reserved for
use by |
22 | | a person with disabilities which does not
display person with |
23 | | disabilities registration
plates or a special decal or device |
24 | | as required under this Section.
|
25 | | (c) Any person found guilty of violating the provisions of |
26 | | subsection (a) shall be fined $250 in addition to any costs or |
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1 | | charges connected
with the removal or storage of any motor |
2 | | vehicle authorized under this
Section; but municipalities by |
3 | | ordinance may impose a fine up to $350
and shall display signs |
4 | | indicating the fine imposed. If the amount of
the fine is |
5 | | subsequently changed, the municipality shall change the sign to
|
6 | | indicate the current amount of the fine.
It shall not be a |
7 | | defense to a charge under this Section that either the sign |
8 | | posted
pursuant to this
Section or the intended accessible |
9 | | parking place does not comply with the technical requirements |
10 | | of Section 11-301,
Department
regulations, or local ordinance |
11 | | if a reasonable person would be made aware by
the
sign or |
12 | | notice on or near the parking place that the place is reserved |
13 | | for a
person
with
disabilities.
|
14 | | (c-1) Any person found guilty of violating the provisions |
15 | | of subsection (a-1) a first time shall be fined $500. Any |
16 | | person found guilty of violating subsection (a-1) a second or |
17 | | subsequent time shall be fined $1,000 $750 . Any person who |
18 | | violates found guilty of violating subsection (a-2) is guilty |
19 | | of a Class A misdemeanor and (a-1) a third or subsequent time |
20 | | shall be fined $2,500 $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 |
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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 | | or a similar provision of a local ordinance may have his or her |
16 | | driving privileges suspended or revoked by the Secretary of |
17 | | State for a period of time determined by the Secretary of |
18 | | State. Any person who commits a violation of subsection (a-2) |
19 | | or a similar provision of a local ordinance shall have his or |
20 | | her driving privileges revoked by the Secretary of State. The |
21 | | Secretary of State may also suspend or revoke the disability |
22 | | license plates or parking decal or device for a period of time |
23 | | determined by the Secretary of State.
|
24 | | (g) Any police officer may seize the parking decal
or |
25 | | device from any person who commits a violation of this Section. |
26 | | Any police officer may seize the disability license plate upon |
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1 | | authorization from the Secretary of State. Any police officer |
2 | | may request that the Secretary of State revoke the parking |
3 | | decal or device or the disability license plate of any person |
4 | | who commits a violation of this Section. |
5 | | (Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, |
6 | | eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962, |
7 | | eff. 7-2-10; 96-1000, eff. 7-2-10.)
|
8 | | (625 ILCS 5/11-1301.5)
|
9 | | Sec. 11-1301.5. Fictitious or unlawfully altered |
10 | | disability
license plate or parking decal or device. |
11 | | (a) As used in this Section:
|
12 | | "Fictitious disability license plate or parking decal or
|
13 | | device" means any issued disability license plate or parking
|
14 | | decal
or device, or any license plate issued to a disabled |
15 | | veteran under Section 3-609 of this Code, that has been issued |
16 | | by the Secretary of State or an authorized unit
of local |
17 | | government that was issued based upon false information |
18 | | contained on
the required application.
|
19 | | "False information" means any incorrect or inaccurate |
20 | | information
concerning
the name, date of birth, social security |
21 | | number, driver's license number,
physician certification, or |
22 | | any other information required on the Persons with Disabilities |
23 | | Certification for Plate or Parking Placard, on the Application |
24 | | for Replacement Disability Parking Placard, or on the
|
25 | | application
for license plates issued to disabled veterans |
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1 | | under Section 3-609 of this Code, that
falsifies the content of |
2 | | the application.
|
3 | | "Unlawfully altered disability
license plate or parking
|
4 | | permit or device" means any disability license plate or parking
|
5 | | permit or device, or any license plate issued to a disabled |
6 | | veteran under Section 3-609 of this Code, issued by the |
7 | | Secretary of State or an authorized unit of
local government |
8 | | that has been physically altered or changed in such manner
that |
9 | | false information appears on the license plate or parking decal |
10 | | or device.
|
11 | | "Authorized holder" means an individual issued a |
12 | | disability
license plate under Section 3-616 of this Code or an |
13 | | individual issued a parking decal or device under Section |
14 | | 11-1301.2 of this Code, or an individual issued a disabled |
15 | | veteran's license plate under Section 3-609 of this Code.
|
16 | | (b) It is a violation of this Section for any person:
|
17 | | (1) to knowingly possess any fictitious or unlawfully |
18 | | altered disability license plate or parking decal or |
19 | | device;
|
20 | | (2) to knowingly issue or assist in the issuance of, by |
21 | | the Secretary of
State or unit of local government, any |
22 | | fictitious disability
license plate or parking decal or |
23 | | device;
|
24 | | (3) to knowingly alter any disability license plate or
|
25 | | parking decal or device;
|
26 | | (4) to knowingly manufacture, possess, transfer, or |
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1 | | provide any
documentation used in the application process |
2 | | whether real or fictitious, for
the purpose of obtaining a |
3 | | fictitious disability license plate or
parking decal or |
4 | | device;
|
5 | | (5) to knowingly provide any false information to the |
6 | | Secretary of State
or a unit of local government in order |
7 | | to obtain a disability
license plate or parking decal or |
8 | | device; or
|
9 | | (6) to knowingly transfer a disability license plate or
|
10 | | parking decal or device for the purpose of exercising the |
11 | | privileges granted
to an authorized holder of a disability
|
12 | | license plate or parking
decal or device under this Code in |
13 | | the absence of the authorized holder.
|
14 | | (c) Sentence.
|
15 | | (1) Any person convicted of a violation of paragraph |
16 | | (1), (2), (3), (4), or (5) of subsection (b) of this |
17 | | Section shall be guilty of
a Class A misdemeanor and fined |
18 | | not less than $500 for a first offense and shall be guilty |
19 | | of a Class 4 felony and fined not less than $1,000 for a |
20 | | second or subsequent offense. Any person convicted of a |
21 | | violation of subdivision (b)(6) of this Section is guilty |
22 | | of a Class A misdemeanor and shall be fined not less than |
23 | | $500 for a first offense and not less than $1,000 for a |
24 | | second or subsequent offense. The circuit clerk shall |
25 | | distribute one-half of any fine imposed on any person who |
26 | | is found guilty of or pleads guilty to violating this |
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1 | | Section, including any person placed on court supervision |
2 | | for violating this Section, to the law enforcement agency |
3 | | that issued the citation or made the arrest. If more than |
4 | | one law enforcement agency is responsible for issuing the |
5 | | citation or making the arrest, one-half of the fine imposed |
6 | | shall be shared equally.
|
7 | | (2) Any person who commits a violation of this Section |
8 | | or a similar provision of a local ordinance may have his
or |
9 | | her driving privileges suspended or revoked by the |
10 | | Secretary of State for a
period of time determined by the |
11 | | Secretary of State. The Secretary of State may suspend or |
12 | | revoke the parking decal or device or the disability |
13 | | license plate of any person who commits a violation of this |
14 | | Section.
|
15 | | (3) Any police officer may seize the parking decal or |
16 | | device from any
person who commits a violation of this |
17 | | Section. Any police officer may seize
the disability |
18 | | license plate upon authorization from the
Secretary of |
19 | | State. Any police officer may request that the Secretary of |
20 | | State
revoke the parking decal or device or the disability |
21 | | license
plate of any person who commits a violation of this |
22 | | Section.
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23 | | (Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
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24 | | (625 ILCS 5/11-1301.6)
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25 | | Sec. 11-1301.6. Fraudulent disability license plate or
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1 | | parking decal or device. |
2 | | (a) As used in this Section:
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3 | | "Fraudulent disability
license plate or parking decal or
|
4 | | device"
means any disability license plate or parking decal or |
5 | | device
that purports to be an official disability license plate |
6 | | or
parking decal or device and that has not been issued by the |
7 | | Secretary of State
or an authorized unit of local government.
|
8 | | "Disability license plate or parking decal or |
9 | | device-making
implement" means any implement specially |
10 | | designed or primarily used in the
manufacture, assembly, or |
11 | | authentication of a disability license
plate or parking decal |
12 | | or device, or a license plate issued to a disabled veteran |
13 | | under Section 3-609 of this Code, issued by the Secretary of |
14 | | State or a unit of
local government.
|
15 | | (b) It is a violation of this Section for any person:
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16 | |
(1) to knowingly possess any fraudulent disability |
17 | | license
plate or parking decal;
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18 | |
(2) to knowingly possess without authority any |
19 | | disability
license plate or parking decal or device-making |
20 | | implement;
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21 | |
(3) to knowingly duplicate, manufacture, sell, or |
22 | | transfer any fraudulent
or stolen disability license plate |
23 | | or parking decal or device;
|
24 | |
(4) to knowingly assist in the duplication, |
25 | | manufacturing, selling, or
transferring of any fraudulent, |
26 | | stolen, or reported lost or damaged disability license |
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1 | | plate
or parking decal or device; or
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2 | |
(5) to advertise or distribute a fraudulent disability
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3 | | license plate or parking decal or device.
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4 | | (c) Sentence.
|
5 | |
(1) Any person convicted of a violation of this |
6 | | Section shall be guilty of
a Class A misdemeanor and fined |
7 | | not less than $1,000 for a first offense and shall be |
8 | | guilty of a Class 4 felony and fined not less than $2,000 |
9 | | for a second or subsequent offense. The circuit clerk shall |
10 | | distribute half of any fine imposed on any person who is |
11 | | found guilty of or pleads guilty to violating this Section, |
12 | | including any person placed on court supervision for |
13 | | violating this Section, to the law enforcement agency that |
14 | | issued the citation or made the arrest. If more than one |
15 | | law enforcement agency is responsible for issuing the |
16 | | citation or making the arrest, one-half of the fine imposed |
17 | | shall be shared equally.
|
18 | |
(2) Any person who commits a violation of this Section |
19 | | or a similar provision of a local ordinance may have his
or |
20 | | her driving privileges suspended or revoked by the |
21 | | Secretary of State for a
period of time determined by the |
22 | | Secretary of State.
|
23 | |
(3) Any police officer may seize the parking decal or |
24 | | device from any
person who commits a violation of this |
25 | | Section. Any police officer may seize
the disability |
26 | | license plate upon authorization from the
Secretary of |