|
(a) Information specifically prohibited from |
disclosure by federal or
State law or rules and |
regulations implementing federal or State law.
|
(b) Private information, unless disclosure is required |
by another provision of this Act, a State or federal law or |
a court order. |
(b-5) Files, documents, and other data or databases |
maintained by one or more law enforcement agencies and |
specifically designed to provide information to one or |
more law enforcement agencies regarding the physical or |
mental status of one or more individual subjects. |
(c) Personal information contained within public |
records, the disclosure of which would constitute a |
clearly
unwarranted invasion of personal privacy, unless |
the disclosure is
consented to in writing by the |
individual subjects of the information. "Unwarranted |
invasion of personal privacy" means the disclosure of |
information that is highly personal or objectionable to a |
reasonable person and in which the subject's right to |
privacy outweighs any legitimate public interest in |
obtaining the information. The
disclosure of information |
that bears on the public duties of public
employees and |
officials shall not be considered an invasion of personal
|
privacy.
|
(d) Records in the possession of any public body |
created in the course of administrative enforcement
|
|
proceedings, and any law enforcement or correctional |
agency for
law enforcement purposes,
but only to the |
extent that disclosure would:
|
(i) interfere with pending or actually and |
reasonably contemplated
law enforcement proceedings |
conducted by any law enforcement or correctional
|
agency that is the recipient of the request;
|
(ii) interfere with active administrative |
enforcement proceedings
conducted by the public body |
that is the recipient of the request;
|
(iii) create a substantial likelihood that a |
person will be deprived of a fair trial or an impartial |
hearing;
|
(iv) unavoidably disclose the identity of a |
confidential source, confidential information |
furnished only by the confidential source, or persons |
who file complaints with or provide information to |
administrative, investigative, law enforcement, or |
penal agencies; except that the identities of |
witnesses to traffic crashes accidents , traffic crash |
accident reports, and rescue reports shall be provided |
by agencies of local government, except when |
disclosure would interfere with an active criminal |
investigation conducted by the agency that is the |
recipient of the request;
|
(v) disclose unique or specialized investigative |
|
techniques other than
those generally used and known |
or disclose internal documents of
correctional |
agencies related to detection, observation or |
investigation of
incidents of crime or misconduct, and |
disclosure would result in demonstrable harm to the |
agency or public body that is the recipient of the |
request;
|
(vi) endanger the life or physical safety of law |
enforcement personnel
or any other person; or
|
(vii) obstruct an ongoing criminal investigation |
by the agency that is the recipient of the request.
|
(d-5) A law enforcement record created for law |
enforcement purposes and contained in a shared electronic |
record management system if the law enforcement agency |
that is the recipient of the request did not create the |
record, did not participate in or have a role in any of the |
events which are the subject of the record, and only has |
access to the record through the shared electronic record |
management system. |
(d-6) Records contained in the Officer Professional |
Conduct Database under Section 9.2 9.4 of the Illinois |
Police Training Act, except to the extent authorized under |
that Section. This includes the documents supplied to the |
Illinois Law Enforcement Training Standards Board from the |
Illinois State Police and Illinois State Police Merit |
Board. |
|
(e) Records that relate to or affect the security of |
correctional
institutions and detention facilities.
|
(e-5) Records requested by persons committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail if those |
materials are available in the library of the correctional |
institution or facility or jail where the inmate is |
confined. |
(e-6) Records requested by persons committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail if those |
materials include records from staff members' personnel |
files, staff rosters, or other staffing assignment |
information. |
(e-7) Records requested by persons committed to the |
Department of Corrections or Department of Human Services |
Division of Mental Health if those materials are available |
through an administrative request to the Department of |
Corrections or Department of Human Services Division of |
Mental Health. |
(e-8) Records requested by a person committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail, the |
disclosure of which would result in the risk of harm to any |
person or the risk of an escape from a jail or correctional |
institution or facility. |
|
(e-9) Records requested by a person in a county jail |
or committed to the Department of Corrections or |
Department of Human Services Division of Mental Health, |
containing personal information pertaining to the person's |
victim or the victim's family, including, but not limited |
to, a victim's home address, home telephone number, work |
or school address, work telephone number, social security |
number, or any other identifying information, except as |
may be relevant to a requester's current or potential case |
or claim. |
(e-10) Law enforcement records of other persons |
requested by a person committed to the Department of |
Corrections, Department of Human Services Division of |
Mental Health, or a county jail, including, but not |
limited to, arrest and booking records, mug shots, and |
crime scene photographs, except as these records may be |
relevant to the requester's current or potential case or |
claim. |
(f) Preliminary drafts, notes, recommendations, |
memoranda and other
records in which opinions are |
expressed, or policies or actions are
formulated, except |
that a specific record or relevant portion of a
record |
shall not be exempt when the record is publicly cited
and |
identified by the head of the public body. The exemption |
provided in
this paragraph (f) extends to all those |
records of officers and agencies
of the General Assembly |
|
that pertain to the preparation of legislative
documents.
|
(g) Trade secrets and commercial or financial |
information obtained from
a person or business where the |
trade secrets or commercial or financial information are |
furnished under a claim that they are
proprietary, |
privileged, or confidential, and that disclosure of the |
trade
secrets or commercial or financial information would |
cause competitive harm to the person or business, and only |
insofar as the claim directly applies to the records |
requested. |
The information included under this exemption includes |
all trade secrets and commercial or financial information |
obtained by a public body, including a public pension |
fund, from a private equity fund or a privately held |
company within the investment portfolio of a private |
equity fund as a result of either investing or evaluating |
a potential investment of public funds in a private equity |
fund. The exemption contained in this item does not apply |
to the aggregate financial performance information of a |
private equity fund, nor to the identity of the fund's |
managers or general partners. The exemption contained in |
this item does not apply to the identity of a privately |
held company within the investment portfolio of a private |
equity fund, unless the disclosure of the identity of a |
privately held company may cause competitive harm. |
Nothing contained in this
paragraph (g) shall be |
|
construed to prevent a person or business from
consenting |
to disclosure.
|
(h) Proposals and bids for any contract, grant, or |
agreement, including
information which if it were |
disclosed would frustrate procurement or give
an advantage |
to any person proposing to enter into a contractor |
agreement
with the body, until an award or final selection |
is made. Information
prepared by or for the body in |
preparation of a bid solicitation shall be
exempt until an |
award or final selection is made.
|
(i) Valuable formulae,
computer geographic systems,
|
designs, drawings and research data obtained or
produced |
by any public body when disclosure could reasonably be |
expected to
produce private gain or public loss.
The |
exemption for "computer geographic systems" provided in |
this paragraph
(i) does not extend to requests made by |
news media as defined in Section 2 of
this Act when the |
requested information is not otherwise exempt and the only
|
purpose of the request is to access and disseminate |
information regarding the
health, safety, welfare, or |
legal rights of the general public.
|
(j) The following information pertaining to |
educational matters: |
(i) test questions, scoring keys and other |
examination data used to
administer an academic |
examination;
|
|
(ii) information received by a primary or |
secondary school, college, or university under its |
procedures for the evaluation of faculty members by |
their academic peers; |
(iii) information concerning a school or |
university's adjudication of student disciplinary |
cases, but only to the extent that disclosure would |
unavoidably reveal the identity of the student; and |
(iv) course materials or research materials used |
by faculty members. |
(k) Architects' plans, engineers' technical |
submissions, and
other
construction related technical |
documents for
projects not constructed or developed in |
whole or in part with public funds
and the same for |
projects constructed or developed with public funds, |
including, but not limited to, power generating and |
distribution stations and other transmission and |
distribution facilities, water treatment facilities, |
airport facilities, sport stadiums, convention centers, |
and all government owned, operated, or occupied buildings, |
but
only to the extent
that disclosure would compromise |
security.
|
(l) Minutes of meetings of public bodies closed to the
|
public as provided in the Open Meetings Act until the |
public body
makes the minutes available to the public |
under Section 2.06 of the Open
Meetings Act.
|
|
(m) Communications between a public body and an |
attorney or auditor
representing the public body that |
would not be subject to discovery in
litigation, and |
materials prepared or compiled by or for a public body in
|
anticipation of a criminal, civil, or administrative |
proceeding upon the
request of an attorney advising the |
public body, and materials prepared or
compiled with |
respect to internal audits of public bodies.
|
(n) Records relating to a public body's adjudication |
of employee grievances or disciplinary cases; however, |
this exemption shall not extend to the final outcome of |
cases in which discipline is imposed.
|
(o) Administrative or technical information associated |
with automated
data processing operations, including, but |
not limited to, software,
operating protocols, computer |
program abstracts, file layouts, source
listings, object |
modules, load modules, user guides, documentation
|
pertaining to all logical and physical design of |
computerized systems,
employee manuals, and any other |
information that, if disclosed, would
jeopardize the |
security of the system or its data or the security of
|
materials exempt under this Section.
|
(p) Records relating to collective negotiating matters
|
between public bodies and their employees or |
representatives, except that
any final contract or |
agreement shall be subject to inspection and copying.
|
|
(q) Test questions, scoring keys, and other |
examination data used to determine the qualifications of |
an applicant for a license or employment.
|
(r) The records, documents, and information relating |
to real estate
purchase negotiations until those |
negotiations have been completed or
otherwise terminated. |
With regard to a parcel involved in a pending or
actually |
and reasonably contemplated eminent domain proceeding |
under the Eminent Domain Act, records, documents, and
|
information relating to that parcel shall be exempt except |
as may be
allowed under discovery rules adopted by the |
Illinois Supreme Court. The
records, documents, and |
information relating to a real estate sale shall be
exempt |
until a sale is consummated.
|
(s) Any and all proprietary information and records |
related to the
operation of an intergovernmental risk |
management association or
self-insurance pool or jointly |
self-administered health and accident
cooperative or pool.
|
Insurance or self insurance (including any |
intergovernmental risk management association or self |
insurance pool) claims, loss or risk management |
information, records, data, advice or communications.
|
(t) Information contained in or related to |
examination, operating, or
condition reports prepared by, |
on behalf of, or for the use of a public
body responsible |
for the regulation or supervision of financial
|
|
institutions, insurance companies, or pharmacy benefit |
managers, unless disclosure is otherwise
required by State |
law.
|
(u) Information that would disclose
or might lead to |
the disclosure of
secret or confidential information, |
codes, algorithms, programs, or private
keys intended to |
be used to create electronic signatures under the Uniform |
Electronic Transactions Act.
|
(v) Vulnerability assessments, security measures, and |
response policies
or plans that are designed to identify, |
prevent, or respond to potential
attacks upon a |
community's population or systems, facilities, or |
installations,
the destruction or contamination of which |
would constitute a clear and present
danger to the health |
or safety of the community, but only to the extent that
|
disclosure could reasonably be expected to jeopardize the |
effectiveness of the
measures or the safety of the |
personnel who implement them or the public.
Information |
exempt under this item may include such things as details
|
pertaining to the mobilization or deployment of personnel |
or equipment, to the
operation of communication systems or |
protocols, or to tactical operations.
|
(w) (Blank). |
(x) Maps and other records regarding the location or |
security of generation, transmission, distribution, |
storage, gathering,
treatment, or switching facilities |
|
owned by a utility, by a power generator, or by the |
Illinois Power Agency.
|
(y) Information contained in or related to proposals, |
bids, or negotiations related to electric power |
procurement under Section 1-75 of the Illinois Power |
Agency Act and Section 16-111.5 of the Public Utilities |
Act that is determined to be confidential and proprietary |
by the Illinois Power Agency or by the Illinois Commerce |
Commission.
|
(z) Information about students exempted from |
disclosure under Sections 10-20.38 or 34-18.29 of the |
School Code, and information about undergraduate students |
enrolled at an institution of higher education exempted |
from disclosure under Section 25 of the Illinois Credit |
Card Marketing Act of 2009. |
(aa) Information the disclosure of which is
exempted |
under the Viatical Settlements Act of 2009.
|
(bb) Records and information provided to a mortality |
review team and records maintained by a mortality review |
team appointed under the Department of Juvenile Justice |
Mortality Review Team Act. |
(cc) Information regarding interments, entombments, or |
inurnments of human remains that are submitted to the |
Cemetery Oversight Database under the Cemetery Care Act or |
the Cemetery Oversight Act, whichever is applicable. |
(dd) Correspondence and records (i) that may not be |
|
disclosed under Section 11-9 of the Illinois Public Aid |
Code or (ii) that pertain to appeals under Section 11-8 of |
the Illinois Public Aid Code. |
(ee) The names, addresses, or other personal |
information of persons who are minors and are also |
participants and registrants in programs of park |
districts, forest preserve districts, conservation |
districts, recreation agencies, and special recreation |
associations. |
(ff) The names, addresses, or other personal |
information of participants and registrants in programs of |
park districts, forest preserve districts, conservation |
districts, recreation agencies, and special recreation |
associations where such programs are targeted primarily to |
minors. |
(gg) Confidential information described in Section |
1-100 of the Illinois Independent Tax Tribunal Act of |
2012. |
(hh) The report submitted to the State Board of |
Education by the School Security and Standards Task Force |
under item (8) of subsection (d) of Section 2-3.160 of the |
School Code and any information contained in that report. |
(ii) Records requested by persons committed to or |
detained by the Department of Human Services under the |
Sexually Violent Persons Commitment Act or committed to |
the Department of Corrections under the Sexually Dangerous |
|
Persons Act if those materials: (i) are available in the |
library of the facility where the individual is confined; |
(ii) include records from staff members' personnel files, |
staff rosters, or other staffing assignment information; |
or (iii) are available through an administrative request |
to the Department of Human Services or the Department of |
Corrections. |
(jj) Confidential information described in Section |
5-535 of the Civil Administrative Code of Illinois. |
(kk) The public body's credit card numbers, debit card |
numbers, bank account numbers, Federal Employer |
Identification Number, security code numbers, passwords, |
and similar account information, the disclosure of which |
could result in identity theft or impression or defrauding |
of a governmental entity or a person. |
(ll) Records concerning the work of the threat |
assessment team of a school district. |
(1.5) Any information exempt from disclosure under the |
Judicial Privacy Act shall be redacted from public records |
prior to disclosure under this Act. |
(2) A public record that is not in the possession of a |
public body but is in the possession of a party with whom the |
agency has contracted to perform a governmental function on |
behalf of the public body, and that directly relates to the |
governmental function and is not otherwise exempt under this |
Act, shall be considered a public record of the public body, |
|
for purposes of this Act. |
(3) This Section does not authorize withholding of |
information or limit the
availability of records to the |
public, except as stated in this Section or
otherwise provided |
in this Act.
|
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; |
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. |
6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
|
Section 10. The State Employee Indemnification Act is |
amended by changing Section 2 as follows:
|
(5 ILCS 350/2) (from Ch. 127, par. 1302)
|
Sec. 2. Representation and indemnification of State |
employees.
|
(a) In the event that any civil proceeding is commenced |
against any
State employee arising out of any act
or omission |
occurring within the scope of the employee's State employment,
|
the Attorney General shall, upon timely and appropriate notice |
to him by
such employee, appear on behalf of such employee and |
defend
the action. In the event that any civil proceeding
is |
commenced against any physician who is an employee of the |
Department
of Corrections or the Department of Human Services |
(in a position relating to
the Department's mental health and |
developmental disabilities functions)
alleging death or bodily |
injury or other injury to the person
of the complainant |
|
resulting from and arising out of any act or omission
|
occurring on or after December 3, 1977 within the scope of the |
employee's
State employment, or against any physician who is |
an employee of the
Department of Veterans' Affairs alleging |
death or bodily injury or other
injury to the person of the |
complainant resulting from and arising out of
any act or |
omission occurring on or after the effective date of this
|
amendatory Act of 1988 within the scope of the employee's |
State
employment, or in the event that any civil proceeding is |
commenced
against any attorney who is an employee of the State |
Appellate Defender
alleging legal malpractice or for other |
damages resulting from and arising
out of any legal act or |
omission occurring on or after December 3, 1977,
within the |
scope of the employee's State employment,
or in the event that |
any civil proceeding is commenced against any
individual or |
organization who contracts with the Department of Labor to
|
provide services as a carnival and amusement ride safety |
inspector alleging
malpractice, death or bodily injury or |
other injury to the person arising
out of any act or omission |
occurring on or after May 1, 1985, within the
scope of that |
employee's State employment, the Attorney General shall, upon
|
timely and appropriate notice to him by such employee, appear |
on behalf of
such employee and defend the action. Any such |
notice shall be in
writing, shall be mailed within 15 days |
after the date of receipt by the
employee of service of |
process, and shall authorize the Attorney General
to represent |
|
and defend the employee in the proceeding. The giving of
this |
notice to the Attorney General shall constitute an agreement |
by the
State employee to cooperate with the Attorney General |
in his defense of
the action and a consent that the Attorney |
General shall conduct the
defense as he deems advisable and in |
the best interests of the employee,
including settlement in |
the Attorney General's discretion. In any such
proceeding, the |
State shall pay the court costs and litigation expenses
of |
defending such action, to the extent approved by the Attorney |
General
as reasonable, as they are incurred.
|
(b) In the event that the Attorney General determines that |
so
appearing and defending an employee either (1) involves an |
actual or
potential conflict of interest, or (2) that the act |
or omission which
gave rise to the claim was not within the |
scope of the employee's State
employment or was intentional, |
wilful or wanton misconduct, the Attorney
General shall |
decline in writing to appear or defend or shall promptly
take |
appropriate action to withdraw as attorney for such employee. |
Upon
receipt of such declination or upon such withdrawal by |
the Attorney
General on the basis of an actual or potential |
conflict of interest, the
State employee may employ his own |
attorney to appear and defend, in
which event the State shall |
pay the employee's court costs, litigation
expenses and |
attorneys' fees to the extent approved by the Attorney
General |
as reasonable, as they are incurred. In the event that the
|
Attorney General declines to appear or withdraws on the |
|
grounds that the
act or omission was not within the scope of |
employment, or was
intentional, wilful or wanton misconduct, |
and a court or jury finds that
the act or omission of the State |
employee was within the scope of
employment and was not |
intentional, wilful or wanton misconduct, the
State shall |
indemnify the State employee for any damages awarded and
court |
costs and attorneys' fees assessed as part of any final and
|
unreversed judgment. In such event the State shall also pay |
the
employee's court costs, litigation expenses and attorneys' |
fees to the
extent approved by the Attorney General as |
reasonable.
|
In the event that the defendant in the proceeding is an |
elected State
official, including members of the General |
Assembly, the elected State
official may retain his or her |
attorney, provided that said attorney
shall be reasonably |
acceptable to the Attorney General. In such case
the State |
shall pay the elected State official's court costs, litigation
|
expenses, and attorneys' fees, to the extent approved by the |
Attorney
General as reasonable, as they are incurred.
|
(b-5) The Attorney General may file a counterclaim on |
behalf of a State
employee, provided:
|
(1) the Attorney General determines that the State |
employee is entitled to
representation in a civil action |
under this Section;
|
(2) the counterclaim arises out of any act or omission |
occurring within
the scope of the employee's State |
|
employment that is the subject of the civil
action; and
|
(3) the employee agrees in writing that if judgment is |
entered in favor of
the employee, the amount of the |
judgment shall be applied to offset any
judgment that may |
be entered in favor of the plaintiff, and then to |
reimburse
the State treasury for court costs and |
litigation expenses required to pursue
the counterclaim. |
The balance of the collected judgment shall be paid to the
|
State employee.
|
(c) Notwithstanding any other provision of this Section,
|
representation and indemnification of a judge under this Act |
shall also be
provided in any case where the plaintiff seeks |
damages or any equitable
relief as a result of any decision, |
ruling or order of a judge made in the
course of his or her |
judicial or administrative duties, without regard to
the |
theory of recovery employed by the plaintiff. Indemnification |
shall be
for all damages awarded and all court costs, attorney |
fees and litigation
expenses assessed against the judge. When |
a judge has been convicted of a
crime as a result of his or her |
intentional judicial misconduct in a trial,
that judge shall |
not be entitled to indemnification and representation
under |
this subsection in any case maintained by a party who seeks |
damages
or other equitable relief as a direct result of
the |
judge's intentional judicial misconduct.
|
(d) In any such proceeding where notice in accordance with |
this Section
has been given to the Attorney
General, unless |
|
the court or jury finds that the
conduct or inaction which gave |
rise to the claim or cause of action was
intentional, wilful or |
wanton misconduct and was not intended to serve
or benefit |
interests of the State, the State shall indemnify the State
|
employee for any damages awarded and court costs and |
attorneys' fees
assessed as part of any final and unreversed |
judgment, or shall pay such
judgment. Unless the
Attorney |
General determines that the conduct or inaction which gave |
rise
to the claim or cause of action was intentional, wilful or |
wanton
misconduct and was not intended to serve or benefit |
interests of the
State, the case may be settled, in the |
Attorney General's discretion and
with the employee's consent,
|
and the State shall indemnify the employee for any damages, |
court costs
and attorneys' fees agreed to as part of the |
settlement, or shall pay
such settlement. Where the
employee |
is represented by private counsel, any settlement must be so
|
approved by the Attorney General and the court having |
jurisdiction,
which shall obligate the State to indemnify the |
employee.
|
(e) (i) Court costs and litigation expenses and other |
costs of providing a
defense or counterclaim, including |
attorneys' fees obligated under this
Section, shall be paid |
from the State Treasury on the warrant of the
Comptroller out |
of appropriations made to the Department of Central Management
|
Services specifically designed for the payment of costs, fees |
and expenses
covered by this Section.
|
|
(ii) Upon entry of a final judgment against the employee, |
or upon the
settlement of the claim, the employee shall cause |
to be served a copy of
such judgment or settlement, personally |
or by certified or registered mail
within thirty days of the |
date of entry or settlement, upon the chief
administrative |
officer of the department, office or agency in which he is
|
employed. If not inconsistent with the provisions of this |
Section, such
judgment or settlement shall be certified for |
payment by such chief
administrative officer and by the |
Attorney General. The judgment or
settlement shall be paid |
from the State Treasury on the warrant of the
Comptroller out |
of appropriations made to the Department of Central
Management |
Services specifically designed for the payment of claims |
covered
by this Section.
|
(f) Nothing contained or implied in this Section shall
|
operate, or be construed or applied, to deprive the State, or |
any employee
thereof, of any defense heretofore available.
|
(g) This Section shall apply regardless of whether the
|
employee is sued in his or her individual or official |
capacity.
|
(h) This Section shall not apply to claims for bodily |
injury or
damage to property arising from motor vehicle |
crashes accidents .
|
(i) This Section shall apply to all proceedings filed on |
or
after its effective date, and to any proceeding pending on |
its effective
date, if the State employee gives notice to the |
|
Attorney General as
provided in this Section within 30 days of |
the Act's effective date.
|
(j) The amendatory changes made to this Section by this |
amendatory Act of
1986 shall apply to all proceedings filed on |
or after the effective date of
this amendatory Act of 1986 and |
to any proceeding pending on its effective
date, if the State |
employee gives notice to the Attorney General as provided
in |
this Section within 30 days of the effective date of this |
amendatory Act
of 1986.
|
(k) This Act applies to all State officials who are |
serving as trustees,
or their appointing authorities, of
a |
clean energy community trust or as members of a not-for-profit |
foundation or
corporation established pursuant to Section
|
16-111.1 of the Public Utilities Act.
|
(l) The State shall not provide representation for, nor |
shall it indemnify, any State employee in (i) any criminal |
proceeding in which the employee is a defendant or (ii) any |
criminal investigation in which the employee is the target. |
Nothing in this Act shall be construed to prohibit the State |
from providing representation to a State employee who is a |
witness in a criminal matter arising out of that employee's |
State employment. |
(Source: P.A. 99-461, eff. 1-1-17 .)
|
Section 15. The Illinois Identification Card Act is |
amended by changing Section 11A as follows:
|
|
(15 ILCS 335/11A) |
Sec. 11A. Emergency contact database. |
(a) The Secretary of State shall establish a database of |
the emergency contacts of persons who hold identification |
cards. Information in the database shall be accessible only to |
employees of the Office of the Secretary and law enforcement |
officers employed by a law enforcement agency. Law enforcement |
officers may share information contained in the emergency |
contact database, including disabilities and special needs |
information, with other public safety workers on scene, as |
needed to conduct official law enforcement duties. |
(b) Any person holding an identification card shall be |
afforded the opportunity to provide the Secretary of State, in |
a manner and form designated by the Secretary of State, the |
name, address, telephone number, and relationship to the |
holder of no more than 2 emergency contact persons whom the |
holder wishes to be contacted by a law enforcement officer if |
the holder is involved in a motor vehicle crash accident or |
other emergency situation and the holder is unable to |
communicate with the contact person or persons and may |
designate whether the holder has a disability or is a special |
needs individual. A contact person need not be the holder's |
next of kin. |
(c) The Secretary shall adopt rules to implement this |
Section. At a minimum, the rules shall address all of the |
|
following: |
(1) the method whereby a holder may provide the |
Secretary of State with emergency contact, disability, and |
special needs information; |
(2) the method whereby a holder may provide the |
Secretary of State with a change to the emergency contact, |
disability, and special needs information; and |
(3) any other aspect of the database or its operation |
that the Secretary determines is necessary to implement |
this Section. |
(d) If a person involved in a motor vehicle crash accident |
or other emergency situation is unable to communicate with the |
contact person or persons specified in the database, a law |
enforcement officer shall make a good faith effort to notify |
the contact person or persons of the situation. Neither the |
law enforcement officer nor the law enforcement agency that |
employs that law enforcement officer incurs any liability, |
however, if the law enforcement officer is not able to make |
contact with the contact person. Except for willful or wanton |
misconduct, neither the law enforcement officer, nor the law |
enforcement agency that employs the law enforcement officer, |
shall incur any liability relating to the reporting or use of |
the database during a motor vehicle crash accident or other |
emergency situation. |
(e) The Secretary of State shall make a good faith effort |
to maintain accurate data as provided by the identification |
|
card holder and to provide that information to law enforcement |
as provided in subsection (a). The Secretary of State is not |
liable for any damages, costs, or expenses, including, without |
limitation, consequential damages, arising or resulting from |
any inaccurate or incomplete data or system unavailability. |
Except for willful or wanton misconduct, the Secretary of |
State shall not incur any liability relating to the reporting |
of disabilities or special needs individuals. |
(f) As used in this Section: |
"Disability" means an individual's physical or mental |
impairment that substantially limits one or more of the major |
life activities; a record of such impairment; or when the |
individual is regarded as having such impairment. |
"Public safety worker" means a person employed by this |
State or a political subdivision thereof that provides |
firefighting, law enforcement, medical, or other emergency |
services. |
"Special needs individuals" means those individuals who |
have or are at increased risk for a chronic physical, |
developmental, behavioral, or emotional condition and who also |
require health and related services of a type or amount beyond |
that required by individuals generally. |
(Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
|
Section 20. The Department of Transportation Law of the
|
Civil Administrative Code of Illinois is amended by changing |
|
Sections 2705-210 and 2705-317 as follows:
|
(20 ILCS 2705/2705-210) (was 20 ILCS 2705/49.15)
|
Sec. 2705-210. Traffic control and prevention of crashes |
accidents . The Department
has the power to develop, |
consolidate, and coordinate effective
programs
and activities |
for the advancement of driver education, for the
facilitation |
of the movement of motor vehicle traffic, and for the
|
protection and conservation of life and property on the |
streets and
highways of this State and to advise, recommend, |
and consult with the
several departments, divisions, boards, |
commissions, and other agencies
of this State in regard to |
those programs and activities. The
Department has the power to |
aid and
assist the counties, cities, towns, and other |
political subdivisions of
this State in the control of traffic |
and the prevention of traffic crashes
accidents . That aid and |
assistance to counties, cities, towns,
and other
political |
subdivisions of this State shall include assistance with |
regard
to planning, traffic flow, light synchronizing, |
preferential lanes for
carpools,
and carpool parking |
allocations.
|
To further the prevention of crashes accidents , the |
Department shall conduct a traffic study following the |
occurrence of any crash accident involving a pedestrian |
fatality that occurs at an intersection of a State highway. |
The study shall include, but not be limited to, consideration |
|
of alternative geometric design improvements, traffic control |
devices, and any other improvements that the Department deems |
necessary. The Department shall make the results of the study |
available to the public on its website. |
(Source: P.A. 102-333, eff. 1-1-22 .)
|
(20 ILCS 2705/2705-317)
|
Sec. 2705-317. Safe Routes to School Construction Program. |
(a) Upon enactment of a federal transportation bill with a |
dedicated fund available to states for safe routes to schools, |
the Department, in cooperation with the State Board of |
Education and the Illinois State Police, shall establish and |
administer a Safe Routes to School Construction Program for |
the construction of bicycle and pedestrian safety and |
traffic-calming projects using the federal Safe Routes to |
Schools Program funds. |
(b) The Department shall make construction grants
|
available to local governmental agencies under the Safe Routes |
to School
Construction Program based on the results of a |
statewide competition
that requires submission of Safe Routes |
to School proposals for funding
and that rates those proposals |
on all of the following factors:
|
(1) Demonstrated needs of the grant applicant.
|
(2) Potential of the proposal for reducing child |
injuries and
fatalities.
|
(3) Potential of the proposal for encouraging |
|
increased
walking and bicycling among students.
|
(4) Identification of safety hazards.
|
(5) Identification of current and potential walking |
and
bicycling routes to school.
|
(6) Consultation and support for projects by |
school-based
associations, local traffic engineers, local |
elected officials, law
enforcement agencies, and school |
officials.
|
(7) Proximity to parks and other recreational |
facilities.
|
With respect to the use of federal Safe Routes to Schools |
Program funds, prior to
the award of a construction grant or |
the use of those funds for a Safe Routes
to
School
project |
encompassing a highway, the Department shall
consult with and |
obtain approval from the Illinois State Police
and the highway |
authority with jurisdiction to ensure that the Safe Routes to |
School proposal is consistent with a
statewide pedestrian |
safety statistical analysis.
|
(c) On March 30, 2006 and each March 30th thereafter, the |
Department shall submit a report to the General Assembly |
listing
and describing the projects funded under the Safe |
Routes to School
Construction Program.
|
(d) The Department shall study the effectiveness of
the |
Safe Routes to School Construction Program, with particular |
emphasis on the
Program's effectiveness in reducing traffic |
crashes accidents and its contribution
to improving safety and |
|
reducing the number of child injuries and
fatalities in the |
vicinity of a Safe Routes to School project. The Department |
shall
submit a report to the General Assembly on or before |
December 31, 2006
regarding the results of the study.
|
(e) The Department, the State Board of Education,
and the |
Illinois State Police may adopt any rules necessary to
|
implement this Section.
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
Section 25. The Peace Officer Fire Investigation Act is |
amended by changing Section 1 as follows:
|
(20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
|
Sec. 1. Peace officer status.
|
(a) Any person who is a sworn member of any
organized and |
paid fire department of a political subdivision of this State
|
and is authorized to investigate fires or explosions for such |
political
subdivision and
to determine the cause, origin and |
circumstances of fires or explosions
that are suspected to be |
arson or arson-related crimes, may be classified
as a peace |
officer by the political subdivision or agency employing such
|
person. A person so classified shall possess the same powers |
of arrest,
search and seizure and the securing and service of |
warrants as sheriffs
of counties, and police officers within |
the jurisdiction of their political
subdivision. While in the |
actual investigation and matters incident thereto,
such person |
|
may carry weapons as may be necessary, but only if that person |
has
satisfactorily completed (1) a training program offered or |
approved by the
Illinois Law Enforcement Training Standards |
Board which substantially conforms
to standards promulgated |
pursuant to the Illinois Police Training Act and the Peace |
Officer and Probation Officer Firearm Training Act; and (2) a |
course in fire and arson investigation approved by the
Office |
of the State Fire Marshal pursuant to the Illinois Fire |
Protection
Training Act. Such training need not include |
exposure to vehicle and traffic
law, traffic control and crash |
accident investigation, or first aid, but shall
include |
training in the law relating to the rights of persons |
suspected of
involvement in criminal activities.
|
Any person granted the powers enumerated in this |
subsection (a) may exercise such
powers only during the actual |
investigation of the cause, origin and
circumstances of such |
fires or explosions that are suspected to be arson or
|
arson-related crimes.
|
(b) Persons employed by the Office of the State Fire |
Marshal to conduct arson investigations shall be designated |
State Fire Marshal Arson Investigator Special Agents and shall |
be peace officers with all of the powers of peace officers in |
cities and sheriffs in counties, except that they may exercise |
those powers throughout the State. These Special Agents may |
exercise these powers only when engaging in official duties |
during the actual investigation of the cause, origin, and
|
|
circumstances of such fires or explosions that are suspected |
to be arson or
arson-related crimes and may carry weapons at |
all times, but only if they have satisfactorily completed (1) |
a training course approved by the Illinois Law Enforcement |
Training Standards Board that substantially conforms to the |
standards promulgated pursuant to the Peace Officer and |
Probation Officer Firearm Training Act and (2) a course in |
fire and arson investigation approved by the
Office of the |
State Fire Marshal pursuant to the Illinois Fire Protection
|
Training Act. Such training need not include exposure to |
vehicle and traffic
law, traffic control and crash accident |
investigation, or first aid, but shall
include training in the |
law relating to the rights of persons suspected of
involvement |
in criminal activities. |
For purposes of this subsection (b), a "State Fire Marshal |
Arson Investigator Special Agent" does not include any fire |
investigator, fireman, police officer, or other employee of |
the federal government; any fire investigator, fireman, police |
officer, or other employee of any unit of local government; or |
any fire investigator, fireman, police officer, or other |
employee of the State of Illinois other than an employee of the |
Office of the State Fire Marshal assigned to investigate |
arson.
|
The State Fire Marshal must authorize to each employee of |
the Office
of the State Fire Marshal who is exercising the |
powers of a peace officer a
distinct badge that, on its face, |
|
(i) clearly states that the badge is
authorized by the Office |
of the State Fire Marshal and (ii) contains a unique
|
identifying number. No other badge shall be authorized by the |
Office of the
State Fire Marshal, except that a badge, |
different from the badge issued to
peace officers, may be |
authorized by the Office of the State Fire Marshal for
the use |
of fire prevention inspectors employed by that Office.
Nothing |
in this subsection prohibits the State Fire Marshal from |
issuing
shields or other distinctive identification to |
employees not exercising the
powers of a peace officer if the |
State Fire Marshal determines that a shield or
distinctive |
identification is needed by the employee to carry out his or |
her
responsibilities.
|
(c) The Office of the State Fire Marshal shall establish a |
policy to allow a State Fire Marshal Arson Investigator |
Special Agent who is honorably retiring or separating in good |
standing to purchase either one or both of the following: (i) |
any badge previously issued to that State Fire Marshal Arson |
Investigator Special Agent; or (ii) if the State Fire Marshal |
Arson Investigator Special Agent has a currently valid Firearm |
Owner's Identification Card, the service firearm issued or |
previously issued to the State Fire Marshal Arson Investigator |
Special Agent by the Office of the State Fire Marshal. The cost |
of the firearm purchased shall be the replacement value of the |
firearm and not the firearm's fair market value. All funds |
received by the agency under this program shall be deposited |
|
into the Fire Prevention Fund. |
(Source: P.A. 100-931, eff. 8-17-18.)
|
Section 29. The Illinois Pension Code is amended by |
changing Section 1-108 as follows:
|
(40 ILCS 5/1-108) (from Ch. 108 1/2, par. 1-108)
|
Sec. 1-108.
(a) In any proceeding commenced against an |
employee of a pension
fund, alleging a civil wrong arising out |
of any act or omission occurring
within the scope of the |
employee's pension fund employment, unless the court
or the |
jury finds that the conduct which gave rise to the claim was |
intentional,
wilful or wanton misconduct, the pension fund |
shall indemnify the employee
for any damages awarded and court |
costs and attorneys' fees assessed as
part of any final and |
unreversed judgment and any attorneys' fees, court
costs and |
litigation expenses incurred by the employee in defending the
|
claim. In any such proceeding if a majority of the board or |
trustees who
are not a party to the action determine that the |
conduct which gave rise
to the claim was not intentional, |
wilful or wanton misconduct, the board
or trustees may agree |
to settlement of the proceeding and the pension fund
shall |
indemnify the employee for any damages, court costs and |
attorneys'
fees agreed to as part of the settlement and any |
attorneys' fees, court
costs and litigation expenses incurred |
in defending the claim.
|
|
(b) No employee of a pension fund shall be entitled to |
indemnification
under this Section unless within 15 days after |
receipt by the employee of
service of process, he shall give |
written notice of such proceeding to the pension fund.
|
(c) Each pension fund may insure against loss or liability |
of employees
which may arise as a result of these claims. This |
insurance shall be carried
by a company authorized to provide |
such coverage in this State.
|
(d) Nothing contained or implied in this Section shall |
operate, or be
construed or applied, to deprive the State or a |
pension fund, or any other
employee thereof, of any immunity |
or any defense heretofore available.
|
(e) This Section shall apply regardless of whether the |
employee is sued
in his or her individual or official |
capacity.
|
(f) This Section shall not apply to claims for bodily |
injury or damage
to property arising from motor vehicle |
crashes accidents .
|
(g) This Section shall apply to all proceedings filed on |
or after its
effective date, and to any proceeding pending on |
its effective date, if
the pension fund employee gives notice |
to the pension fund within 30 days
of the Act's effective date.
|
(Source: P.A. 80-1078.)
|
Section 30. The Illinois Police Training Act is amended by |
changing Section 7 as follows:
|
|
(50 ILCS 705/7)
|
(Text of Section before amendment by P.A. 102-345 ) |
Sec. 7. Rules and standards for schools. The Board shall |
adopt rules and
minimum standards for such schools which shall |
include, but not be limited to,
the following:
|
a. The curriculum for probationary law enforcement |
officers which shall be
offered by all certified schools |
shall include, but not be limited to,
courses of |
procedural justice, arrest and use and control tactics, |
search and seizure, including temporary questioning, civil |
rights, human rights, human relations,
cultural |
competency, including implicit bias and racial and ethnic |
sensitivity,
criminal law, law of criminal procedure, |
constitutional and proper use of law enforcement |
authority, crisis intervention training, vehicle and |
traffic law including
uniform and non-discriminatory |
enforcement of the Illinois Vehicle Code,
traffic control |
and crash accident investigation, techniques of obtaining
|
physical evidence, court testimonies, statements, reports, |
firearms
training, training in the use of electronic |
control devices, including the psychological and |
physiological effects of the use of those devices on |
humans, first-aid (including cardiopulmonary |
resuscitation), training in the administration of opioid |
antagonists as defined in paragraph (1) of subsection (e) |
|
of Section 5-23 of the Substance Use Disorder Act, |
handling of
juvenile offenders, recognition of
mental |
conditions and crises, including, but not limited to, the |
disease of addiction, which require immediate assistance |
and response and methods to
safeguard and provide |
assistance to a person in need of mental
treatment, |
recognition of abuse, neglect, financial exploitation, and |
self-neglect of adults with disabilities and older adults, |
as defined in Section 2 of the Adult Protective Services |
Act, crimes against the elderly, law of evidence, the |
hazards of high-speed police vehicle
chases with an |
emphasis on alternatives to the high-speed chase, and
|
physical training. The curriculum shall include specific |
training in
techniques for immediate response to and |
investigation of cases of domestic
violence and of sexual |
assault of adults and children, including cultural |
perceptions and common myths of sexual assault and sexual |
abuse as well as interview techniques that are age |
sensitive and are trauma informed, victim centered, and |
victim sensitive. The curriculum shall include
training in |
techniques designed to promote effective
communication at |
the initial contact with crime victims and ways to |
comprehensively
explain to victims and witnesses their |
rights under the Rights
of Crime Victims and Witnesses Act |
and the Crime
Victims Compensation Act. The curriculum |
shall also include training in effective recognition of |
|
and responses to stress, trauma, and post-traumatic stress |
experienced by law enforcement officers that is consistent |
with Section 25 of the Illinois Mental Health First Aid |
Training Act in a peer setting, including recognizing |
signs and symptoms of work-related cumulative stress, |
issues that may lead to suicide, and solutions for |
intervention with peer support resources. The curriculum |
shall include a block of instruction addressing the |
mandatory reporting requirements under the Abused and |
Neglected Child Reporting Act. The curriculum shall also |
include a block of instruction aimed at identifying and |
interacting with persons with autism and other |
developmental or physical disabilities, reducing barriers |
to reporting crimes against persons with autism, and |
addressing the unique challenges presented by cases |
involving victims or witnesses with autism and other |
developmental disabilities. The curriculum shall include |
training in the detection and investigation of all forms |
of human trafficking. The curriculum shall also include |
instruction in trauma-informed responses designed to |
ensure the physical safety and well-being of a child of an |
arrested parent or immediate family member; this |
instruction must include, but is not limited to: (1) |
understanding the trauma experienced by the child while |
maintaining the integrity of the arrest and safety of |
officers, suspects, and other involved individuals; (2) |
|
de-escalation tactics that would include the use of force |
when reasonably necessary; and (3) inquiring whether a |
child will require supervision and care. The curriculum |
for probationary law enforcement officers shall include: |
(1) at least 12 hours of hands-on, scenario-based |
role-playing; (2) at least 6 hours of instruction on use |
of force techniques, including the use of de-escalation |
techniques to prevent or reduce the need for force |
whenever safe and feasible; (3) specific training on |
officer safety techniques, including cover, concealment, |
and time; and (4) at least 6 hours of training focused on |
high-risk traffic stops. The curriculum for
permanent law |
enforcement officers shall include, but not be limited to: |
(1) refresher
and in-service training in any of the |
courses listed above in this
subparagraph, (2) advanced |
courses in any of the subjects listed above in
this |
subparagraph, (3) training for supervisory personnel, and |
(4)
specialized training in subjects and fields to be |
selected by the board. The training in the use of |
electronic control devices shall be conducted for |
probationary law enforcement officers, including |
University police officers.
|
b. Minimum courses of study, attendance requirements |
and equipment
requirements.
|
c. Minimum requirements for instructors.
|
d. Minimum basic training requirements, which a |
|
probationary law enforcement
officer must satisfactorily |
complete before being eligible for permanent
employment as |
a local law enforcement officer for a participating local
|
governmental or State governmental agency. Those |
requirements shall include training in first aid
|
(including cardiopulmonary resuscitation).
|
e. Minimum basic training requirements, which a |
probationary county
corrections officer must |
satisfactorily complete before being eligible for
|
permanent employment as a county corrections officer for a |
participating
local governmental agency.
|
f. Minimum basic training requirements which a |
probationary court
security officer must satisfactorily |
complete before being eligible for
permanent employment as |
a court security officer for a participating local
|
governmental agency. The Board shall
establish those |
training requirements which it considers appropriate for |
court
security officers and shall certify schools to |
conduct that training.
|
A person hired to serve as a court security officer |
must obtain from the
Board a certificate (i) attesting to |
the officer's successful completion of the
training |
course; (ii) attesting to the officer's satisfactory
|
completion of a training program of similar content and |
number of hours that
has been found acceptable by the |
Board under the provisions of this Act; or
(iii) attesting |
|
to the Board's determination that the training
course is |
unnecessary because of the person's extensive prior law |
enforcement
experience.
|
Individuals who currently serve as court security |
officers shall be deemed
qualified to continue to serve in |
that capacity so long as they are certified
as provided by |
this Act within 24 months of June 1, 1997 (the effective |
date of Public Act 89-685). Failure to be so certified, |
absent a waiver from the
Board, shall cause the officer to |
forfeit his or her position.
|
All individuals hired as court security officers on or |
after June 1, 1997 (the effective
date of Public Act |
89-685) shall be certified within 12 months of the
date of |
their hire, unless a waiver has been obtained by the |
Board, or they
shall forfeit their positions.
|
The Sheriff's Merit Commission, if one exists, or the |
Sheriff's Office if
there is no Sheriff's Merit |
Commission, shall maintain a list of all
individuals who |
have filed applications to become court security officers |
and
who meet the eligibility requirements established |
under this Act. Either
the Sheriff's Merit Commission, or |
the Sheriff's Office if no Sheriff's Merit
Commission |
exists, shall establish a schedule of reasonable intervals |
for
verification of the applicants' qualifications under
|
this Act and as established by the Board.
|
g. Minimum in-service training requirements, which a |
|
law enforcement officer must satisfactorily complete every |
3 years. Those requirements shall include constitutional |
and proper use of law enforcement authority, procedural |
justice, civil rights, human rights, reporting child abuse |
and neglect, and cultural competency, including implicit |
bias and racial and ethnic sensitivity. These trainings |
shall consist of at least 30 hours of training every 3 |
years. |
h. Minimum in-service training requirements, which a |
law enforcement officer must satisfactorily complete at |
least annually. Those requirements shall include law |
updates, emergency medical response training and |
certification, crisis intervention training, and officer |
wellness and mental health. |
i. Minimum in-service training requirements as set |
forth in Section 10.6. |
The amendatory changes to this Section made by Public Act |
101-652 shall take effect January 1, 2022. |
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; |
101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. |
8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section |
10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. |
1-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised |
10-5-21.)
|
(Text of Section after amendment by P.A. 102-345 )
|
|
Sec. 7. Rules and standards for schools. The Board shall |
adopt rules and
minimum standards for such schools which shall |
include, but not be limited to,
the following:
|
a. The curriculum for probationary law enforcement |
officers which shall be
offered by all certified schools |
shall include, but not be limited to,
courses of |
procedural justice, arrest and use and control tactics, |
search and seizure, including temporary questioning, civil |
rights, human rights, human relations,
cultural |
competency, including implicit bias and racial and ethnic |
sensitivity,
criminal law, law of criminal procedure, |
constitutional and proper use of law enforcement |
authority, crisis intervention training, vehicle and |
traffic law including
uniform and non-discriminatory |
enforcement of the Illinois Vehicle Code,
traffic control |
and crash accident investigation, techniques of obtaining
|
physical evidence, court testimonies, statements, reports, |
firearms
training, training in the use of electronic |
control devices, including the psychological and |
physiological effects of the use of those devices on |
humans, first-aid (including cardiopulmonary |
resuscitation), training in the administration of opioid |
antagonists as defined in paragraph (1) of subsection (e) |
of Section 5-23 of the Substance Use Disorder Act, |
handling of
juvenile offenders, recognition of
mental |
conditions and crises, including, but not limited to, the |
|
disease of addiction, which require immediate assistance |
and response and methods to
safeguard and provide |
assistance to a person in need of mental
treatment, |
recognition of abuse, neglect, financial exploitation, and |
self-neglect of adults with disabilities and older adults, |
as defined in Section 2 of the Adult Protective Services |
Act, crimes against the elderly, law of evidence, the |
hazards of high-speed police vehicle
chases with an |
emphasis on alternatives to the high-speed chase, and
|
physical training. The curriculum shall include specific |
training in
techniques for immediate response to and |
investigation of cases of domestic
violence and of sexual |
assault of adults and children, including cultural |
perceptions and common myths of sexual assault and sexual |
abuse as well as interview techniques that are age |
sensitive and are trauma informed, victim centered, and |
victim sensitive. The curriculum shall include
training in |
techniques designed to promote effective
communication at |
the initial contact with crime victims and ways to |
comprehensively
explain to victims and witnesses their |
rights under the Rights
of Crime Victims and Witnesses Act |
and the Crime
Victims Compensation Act. The curriculum |
shall also include training in effective recognition of |
and responses to stress, trauma, and post-traumatic stress |
experienced by law enforcement officers that is consistent |
with Section 25 of the Illinois Mental Health First Aid |
|
Training Act in a peer setting, including recognizing |
signs and symptoms of work-related cumulative stress, |
issues that may lead to suicide, and solutions for |
intervention with peer support resources. The curriculum |
shall include a block of instruction addressing the |
mandatory reporting requirements under the Abused and |
Neglected Child Reporting Act. The curriculum shall also |
include a block of instruction aimed at identifying and |
interacting with persons with autism and other |
developmental or physical disabilities, reducing barriers |
to reporting crimes against persons with autism, and |
addressing the unique challenges presented by cases |
involving victims or witnesses with autism and other |
developmental disabilities. The curriculum shall include |
training in the detection and investigation of all forms |
of human trafficking. The curriculum shall also include |
instruction in trauma-informed responses designed to |
ensure the physical safety and well-being of a child of an |
arrested parent or immediate family member; this |
instruction must include, but is not limited to: (1) |
understanding the trauma experienced by the child while |
maintaining the integrity of the arrest and safety of |
officers, suspects, and other involved individuals; (2) |
de-escalation tactics that would include the use of force |
when reasonably necessary; and (3) inquiring whether a |
child will require supervision and care. The curriculum |
|
for probationary law enforcement officers shall include: |
(1) at least 12 hours of hands-on, scenario-based |
role-playing; (2) at least 6 hours of instruction on use |
of force techniques, including the use of de-escalation |
techniques to prevent or reduce the need for force |
whenever safe and feasible; (3) specific training on |
officer safety techniques, including cover, concealment, |
and time; and (4) at least 6 hours of training focused on |
high-risk traffic stops. The curriculum for
permanent law |
enforcement officers shall include, but not be limited to: |
(1) refresher
and in-service training in any of the |
courses listed above in this
subparagraph, (2) advanced |
courses in any of the subjects listed above in
this |
subparagraph, (3) training for supervisory personnel, and |
(4)
specialized training in subjects and fields to be |
selected by the board. The training in the use of |
electronic control devices shall be conducted for |
probationary law enforcement officers, including |
University police officers. The curriculum shall also |
include training on the use of a firearms restraining |
order by providing instruction on the process used to file |
a firearms restraining order and how to identify |
situations in which a firearms restraining order is |
appropriate.
|
b. Minimum courses of study, attendance requirements |
and equipment
requirements.
|
|
c. Minimum requirements for instructors.
|
d. Minimum basic training requirements, which a |
probationary law enforcement
officer must satisfactorily |
complete before being eligible for permanent
employment as |
a local law enforcement officer for a participating local
|
governmental or State governmental agency. Those |
requirements shall include training in first aid
|
(including cardiopulmonary resuscitation).
|
e. Minimum basic training requirements, which a |
probationary county
corrections officer must |
satisfactorily complete before being eligible for
|
permanent employment as a county corrections officer for a |
participating
local governmental agency.
|
f. Minimum basic training requirements which a |
probationary court
security officer must satisfactorily |
complete before being eligible for
permanent employment as |
a court security officer for a participating local
|
governmental agency. The Board shall
establish those |
training requirements which it considers appropriate for |
court
security officers and shall certify schools to |
conduct that training.
|
A person hired to serve as a court security officer |
must obtain from the
Board a certificate (i) attesting to |
the officer's successful completion of the
training |
course; (ii) attesting to the officer's satisfactory
|
completion of a training program of similar content and |
|
number of hours that
has been found acceptable by the |
Board under the provisions of this Act; or
(iii) attesting |
to the Board's determination that the training
course is |
unnecessary because of the person's extensive prior law |
enforcement
experience.
|
Individuals who currently serve as court security |
officers shall be deemed
qualified to continue to serve in |
that capacity so long as they are certified
as provided by |
this Act within 24 months of June 1, 1997 (the effective |
date of Public Act 89-685). Failure to be so certified, |
absent a waiver from the
Board, shall cause the officer to |
forfeit his or her position.
|
All individuals hired as court security officers on or |
after June 1, 1997 (the effective
date of Public Act |
89-685) shall be certified within 12 months of the
date of |
their hire, unless a waiver has been obtained by the |
Board, or they
shall forfeit their positions.
|
The Sheriff's Merit Commission, if one exists, or the |
Sheriff's Office if
there is no Sheriff's Merit |
Commission, shall maintain a list of all
individuals who |
have filed applications to become court security officers |
and
who meet the eligibility requirements established |
under this Act. Either
the Sheriff's Merit Commission, or |
the Sheriff's Office if no Sheriff's Merit
Commission |
exists, shall establish a schedule of reasonable intervals |
for
verification of the applicants' qualifications under
|
|
this Act and as established by the Board.
|
g. Minimum in-service training requirements, which a |
law enforcement officer must satisfactorily complete every |
3 years. Those requirements shall include constitutional |
and proper use of law enforcement authority, procedural |
justice, civil rights, human rights, reporting child abuse |
and neglect, and cultural competency, including implicit |
bias and racial and ethnic sensitivity. These trainings |
shall consist of at least 30 hours of training every 3 |
years. |
h. Minimum in-service training requirements, which a |
law enforcement officer must satisfactorily complete at |
least annually. Those requirements shall include law |
updates, emergency medical response training and |
certification, crisis intervention training, and officer |
wellness and mental health. |
i. Minimum in-service training requirements as set |
forth in Section 10.6. |
The amendatory changes to this Section made by Public Act |
101-652 shall take effect January 1, 2022. |
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; |
101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. |
8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section |
10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. |
1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, |
eff. 8-20-21; revised 10-5-21.)
|
|
Section 35. The Uniform Crime Reporting Act is amended by |
changing Section 5-5 as follows:
|
(50 ILCS 709/5-5)
|
Sec. 5-5. Definitions. As used in this Act: |
"Arrest-related death" means any death of an individual |
while the individual's freedom to leave is restricted by a law |
enforcement officer while the officer is on duty, or otherwise |
acting within the scope of his or her employment, including |
any death resulting from a motor vehicle crash accident , if |
the law enforcement officer was engaged in direct action |
against the individual or the individual's vehicle during the |
process of apprehension. "Arrest-related death" does not |
include the death of law enforcement personnel.
|
"Domestic crime" means any crime attempted or committed |
between a victim and offender who have a domestic |
relationship, both current and past. |
"Hate crime" has the same meaning as defined under Section |
12-7.1 of the Criminal Code of 2012. |
"Law enforcement agency" means an agency of this State or |
unit of local government which is vested by law or ordinance |
with the duty to maintain public order and to enforce criminal |
law or ordinances. |
"Law enforcement officer" or "officer" means any officer, |
agent, or employee of this State or a unit of local government |
|
authorized by law or by a government agency to engage in or |
supervise the prevention, detection, or investigation of any |
violation of criminal law, or authorized by law to supervise |
accused persons or sentenced criminal offenders.
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
Section 40. The Police and Community Relations Improvement |
Act is amended by changing Sections 1-5 and 1-10 as follows:
|
(50 ILCS 727/1-5)
|
Sec. 1-5. Definitions. As used in this Act: |
"Law enforcement agency" means an agency of this State or |
unit of local government which is vested by law or ordinance |
with the duty to maintain public order and to enforce criminal |
laws or ordinances. |
"Law enforcement officer" or "officer" means any person |
employed by a State, county, or municipality as a policeman, |
peace officer, or in some like position involving the |
enforcement of the law and protection of public interest at |
the risk of the person's life. |
"Officer-involved death" means any death of an individual |
that results directly from an action or directly from an |
intentional omission, including unreasonable delay involving a |
person in custody or intentional failure to seek medical |
attention when the need for treatment is apparent, of a law |
enforcement officer while the officer is on duty, or otherwise |
|
acting within the scope of his or her employment, or while the |
officer is off duty, but performing activities that are within |
the scope of his or her law enforcement duties. |
"Officer-involved death" includes any death resulting from a |
motor vehicle crash accident , if the law enforcement officer |
was engaged in law enforcement activity involving the |
individual or the individual's vehicle in the process of |
apprehension or attempt to apprehend.
|
(Source: P.A. 99-352, eff. 1-1-16 .)
|
(50 ILCS 727/1-10)
|
Sec. 1-10. Investigation of officer-involved deaths; |
requirements.
|
(a) Each law enforcement agency shall have a written |
policy regarding the investigation of officer-involved deaths |
that involve a law enforcement officer employed by that law |
enforcement agency. |
(b) Each officer-involved death investigation shall be |
conducted by at least 2 investigators, or an entity or agency |
comprised of at least 2 investigators, one of whom is the lead |
investigator. The lead investigator shall be a person |
certified by the Illinois Law Enforcement Training Standards |
Board as a Lead Homicide Investigator, or similar training |
approved by the Illinois Law Enforcement Training Standards |
Board or the Illinois State Police, or similar training |
provided at an Illinois Law Enforcement Training Standards |
|
Board certified school. No
investigator involved in the |
investigation may be employed by the law enforcement agency |
that employs the officer involved in the officer-involved |
death, unless the investigator is employed by the Illinois |
State Police and is not assigned to the same division or unit |
as the officer involved in the death. |
(c) In addition to the requirements of subsection (b) of |
this Section, if the officer-involved death being investigated |
involves a motor vehicle crash accident , at least one |
investigator shall be certified by the Illinois Law |
Enforcement Training Standards Board as a Crash Reconstruction |
Specialist, or similar training approved by the Illinois Law |
Enforcement Training Standards Board or the Illinois State |
Police, or similar training provided at an Illinois Law |
Enforcement Training Standards Board certified school. |
Notwithstanding the requirements of subsection (b) of this |
Section, the policy for a law enforcement agency, when the |
officer-involved death being investigated involves a motor |
vehicle collision, may allow the use of an investigator who is |
employed by that law enforcement agency and who is certified |
by the Illinois Law Enforcement Training Standards Board as a |
Crash Reconstruction Specialist, or similar training approved |
by the Illinois Law Enforcement Training and Standards Board, |
or similar certified training approved by the Illinois State |
Police, or similar training provided at an Illinois Law |
Enforcement Training and Standards Board certified school. |
|
(d) The investigators conducting the investigation shall, |
in an expeditious manner, provide a complete report to the |
State's Attorney of the county in which the officer-involved |
death occurred. |
(e) If the State's Attorney, or a designated special |
prosecutor, determines there is no basis to prosecute the law |
enforcement officer involved in the officer-involved death, or |
if the law enforcement officer is not otherwise charged or |
indicted, the investigators shall publicly release a report.
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
Section 45. The Counties Code is amended by changing |
Sections 3-3013 and 5-1182 as follows:
|
(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
|
Sec. 3-3013. Preliminary investigations; blood and urine |
analysis;
summoning jury; reports. Every coroner, whenever, |
as soon as he knows or is
informed that the dead body of any |
person is found, or lying within his
county, whose death is |
suspected of being:
|
(a) A sudden or violent death, whether apparently |
suicidal,
homicidal or accidental, including but not |
limited to deaths apparently
caused or contributed to by |
thermal, traumatic, chemical, electrical or
radiational |
injury, or a complication of any of them, or by drowning or
|
suffocation, or as a result of domestic violence as |
|
defined in the Illinois
Domestic
Violence Act of 1986;
|
(b) A death due to a
sex crime;
|
(c) A death where the circumstances are suspicious, |
obscure,
mysterious or otherwise unexplained or where, in |
the written opinion of
the attending physician, the cause |
of death is not determined;
|
(d) A death where addiction to alcohol or to any drug |
may have been
a contributory cause; or
|
(e) A death where the decedent was not attended by a |
licensed
physician;
|
shall go to the place where the dead body is, and take charge |
of the
same and shall make a preliminary investigation into |
the circumstances
of the death. In the case of death without |
attendance by a licensed
physician the body may be moved with |
the coroner's consent from the
place of death to a mortuary in |
the same county. Coroners in their
discretion shall notify |
such physician as is designated in accordance
with Section |
3-3014 to attempt to ascertain the cause of death, either by
|
autopsy or otherwise.
|
In cases of accidental death involving a motor vehicle in |
which the
decedent was (1) the operator or a suspected |
operator of a motor
vehicle, or (2) a pedestrian 16 years of |
age or older, the coroner shall
require that a blood specimen |
of at least 30 cc., and if medically
possible a urine specimen |
of at least 30 cc. or as much as possible up
to 30 cc., be |
withdrawn from the body of the decedent in a timely fashion |
|
after
the crash accident causing his death, by such physician |
as has been designated
in accordance with Section 3-3014, or |
by the coroner or deputy coroner or
a qualified person |
designated by such physician, coroner, or deputy coroner. If |
the county
does not maintain laboratory facilities for making |
such analysis, the
blood and urine so drawn shall be sent to |
the Illinois State Police or any other accredited or |
State-certified laboratory
for analysis of the alcohol, carbon |
monoxide, and dangerous or
narcotic drug content of such blood |
and urine specimens. Each specimen
submitted shall be |
accompanied by pertinent information concerning the
decedent |
upon a form prescribed by such laboratory. Any
person drawing |
blood and urine and any person making any examination of
the |
blood and urine under the terms of this Division shall be |
immune from all
liability, civil or criminal, that might |
otherwise be incurred or
imposed.
|
In all other cases coming within the jurisdiction of the |
coroner and
referred to in subparagraphs (a) through (e) |
above, blood, and whenever
possible, urine samples shall be |
analyzed for the presence of alcohol
and other drugs. When the |
coroner suspects that drugs may have been
involved in the |
death, either directly or indirectly, a toxicological
|
examination shall be performed which may include analyses of |
blood, urine,
bile, gastric contents and other tissues. When |
the coroner suspects
a death is due to toxic substances, other |
than drugs, the coroner shall
consult with the toxicologist |
|
prior to collection of samples. Information
submitted to the |
toxicologist shall include information as to height,
weight, |
age, sex and race of the decedent as well as medical history,
|
medications used by and the manner of death of decedent.
|
When the coroner or medical examiner finds that the cause |
of death is due to homicidal means, the coroner or medical |
examiner shall cause blood and buccal specimens (tissue may be |
submitted if no uncontaminated blood or buccal specimen can be |
obtained), whenever possible, to be withdrawn from the body of |
the decedent in a timely fashion. For proper preservation of |
the specimens, collected blood and buccal specimens shall be |
dried and tissue specimens shall be frozen if available |
equipment exists. As soon as possible, but no later than 30 |
days after the collection of the specimens, the coroner or |
medical examiner shall release those specimens to the police |
agency responsible for investigating the death. As soon as |
possible, but no later than 30 days after the receipt from the |
coroner or medical examiner, the police agency shall submit |
the specimens using the agency case number to a National DNA |
Index System (NDIS) participating laboratory within this |
State, such as the Illinois State Police, Division of Forensic |
Services, for analysis and categorizing into genetic marker |
groupings. The results of the analysis and categorizing into |
genetic marker groupings shall be provided to the Illinois |
State Police and shall be maintained by the Illinois State |
Police in the State central repository in the same manner, and |
|
subject to the same conditions, as provided in Section 5-4-3 |
of the Unified Code of Corrections. The requirements of this |
paragraph are in addition to any other findings, specimens, or |
information that the coroner or medical examiner is required |
to provide during the conduct of a criminal investigation.
|
In all counties, in cases of apparent
suicide, homicide, |
or accidental death or in other cases, within the
discretion |
of the coroner, the coroner may summon 8 persons of lawful age
|
from those persons drawn for petit jurors in the county. The |
summons shall
command these persons to present themselves |
personally at such a place and
time as the coroner shall |
determine, and may be in any form which the
coroner shall |
determine and may incorporate any reasonable form of request
|
for acknowledgment which the coroner deems practical and |
provides a
reliable proof of service. The summons may be |
served by first class mail.
From the 8 persons so summoned, the |
coroner shall select 6 to serve as the
jury for the inquest. |
Inquests may be continued from time
to time, as the coroner may |
deem necessary. The 6 jurors selected in
a given case may view |
the body of the deceased.
If at any continuation of an inquest |
one or more of the original jurors
shall be unable to continue |
to serve, the coroner shall fill the vacancy or
vacancies. A |
juror serving pursuant to this paragraph shall receive
|
compensation from the county at the same rate as the rate of |
compensation
that is paid to petit or grand jurors in the |
county. The coroner shall
furnish to each juror without fee at |
|
the time of his discharge a
certificate of the number of days |
in attendance at an inquest, and, upon
being presented with |
such certificate, the county treasurer shall pay to
the juror |
the sum provided for his services.
|
In counties which have a jury commission, in cases of |
apparent suicide or
homicide or of accidental death, the |
coroner may conduct an inquest. The jury commission shall |
provide
at least 8 jurors to the coroner, from whom the coroner |
shall select any 6
to serve as the jury for the inquest. |
Inquests may be continued from time
to time as the coroner may |
deem necessary. The 6 jurors originally chosen
in a given case |
may view the body of the deceased. If at any continuation
of an |
inquest one or more of the 6 jurors originally chosen shall be |
unable
to continue to serve, the coroner shall fill the |
vacancy or vacancies. At
the coroner's discretion, additional |
jurors to fill such vacancies shall be
supplied by the jury |
commission. A juror serving pursuant to this
paragraph in such |
county shall receive compensation from the county at the
same |
rate as the rate of compensation that is paid to petit or grand |
jurors
in the county.
|
In every case in which a fire is determined to be
a
|
contributing factor in a death, the coroner shall report the |
death to the
Office of the State Fire Marshal. The coroner |
shall provide a copy of the death certificate (i) within 30 |
days after filing the permanent death certificate and (ii) in |
a manner that is agreed upon by the coroner and the State Fire |
|
Marshal. |
In every case in which a drug overdose is determined to be |
the cause or a contributing factor in the death, the coroner or |
medical examiner shall report the death to the Department of |
Public Health. The Department of Public Health shall adopt |
rules regarding specific information that must be reported in |
the event of such a death. If possible, the coroner shall |
report the cause of the overdose. As used in this Section, |
"overdose" has the same meaning as it does in Section 414 of |
the Illinois Controlled Substances Act. The Department of |
Public Health shall issue a semiannual report to the General |
Assembly summarizing the reports received. The Department |
shall also provide on its website a monthly report of overdose |
death figures organized by location, age, and any other |
factors, the Department deems appropriate. |
In addition, in every case in which domestic violence is |
determined to be
a
contributing factor in a death, the coroner |
shall report the death to the
Illinois State Police.
|
All deaths in State institutions and all deaths of wards |
of the State or youth in care as defined in Section 4d of the |
Children and Family Services Act in
private care facilities or |
in programs funded by the Department of Human
Services under |
its powers relating to mental health and developmental
|
disabilities or alcoholism and substance
abuse or funded by |
the Department of Children and Family Services shall
be |
reported to the coroner of the county in which the facility is
|
|
located. If the coroner has reason to believe that an |
investigation is
needed to determine whether the death was |
caused by maltreatment or
negligent care of the ward of the |
State or youth in care as defined in Section 4d of the Children |
and Family Services Act, the coroner may conduct a
preliminary |
investigation of the circumstances of such death as in cases |
of
death under circumstances set forth in paragraphs (a) |
through (e) of this
Section.
|
(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21.)
|
(55 ILCS 5/5-1182) |
Sec. 5-1182. Charitable organizations; solicitation. |
(a) No county may prohibit a charitable organization, as |
defined in Section 2 of the Charitable Games Act, from |
soliciting for charitable purposes, including solicitations |
taking place on public roadways from passing motorists, if all |
of the following requirements are met. |
(1) The persons to be engaged in the solicitation are |
law enforcement personnel, firefighters, or other persons |
employed to protect the public safety of a local agency, |
and those persons are soliciting solely in an area that is |
within the service area of that local agency. |
(2) The charitable organization files an application |
with the county having jurisdiction over the location or |
locations where the solicitation is to occur. The |
applications shall be filed not later than 10 business |
|
days before the date that the solicitation is to begin and |
shall include all of the following: |
(A) The date or dates and times of day when the |
solicitation is to occur. |
(B) The location or locations where the |
solicitation is to occur along with a list of 3 |
alternate locations listed in order of preference. |
(C) The manner and conditions under which the |
solicitation is to occur. |
(D) Proof of a valid liability insurance policy in |
the amount of at least $1,000,000 insuring the charity |
or local agency against bodily injury and property |
damage arising out of or in connection with the |
solicitation. |
The county shall approve the application within 5 business |
days after the filing date of the application, but may impose |
reasonable conditions in writing that are consistent with the |
intent of this Section and are based on articulated public |
safety concerns. If the county determines that the applicant's |
location cannot be permitted due to significant safety |
concerns, such as high traffic volumes, poor geometrics, |
construction, maintenance operations, or past crash accident |
history, then the county may deny the application for that |
location and must approve one of the 3 alternate locations |
following the order of preference submitted by the applicant |
on the alternate location list. By acting under this Section, |
|
a local agency does not waive or limit any immunity from |
liability provided by any other provision of law. |
(b) For purposes of this Section, "local agency" means a |
county, special district, fire district, joint powers of |
authority, or other political subdivision of the State of |
Illinois. |
(c) A home rule unit may not regulate a charitable |
organization in a manner that is inconsistent with this |
Section. This Section is a limitation under subsection (i) of |
Section 6 of Article VII of the Illinois Constitution on the |
concurrent exercise by home rule units of powers and functions |
exercised by the State.
|
(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13.)
|
Section 50. The Illinois Municipal Code is amended by |
changing Section 11-80-9 as follows:
|
(65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)
|
Sec. 11-80-9.
The corporate authorities of each |
municipality may prevent
and regulate all amusements and |
activities having a tendency to annoy or
endanger persons or |
property on the sidewalks, streets, and other municipal
|
property. However, no municipality may prohibit a charitable |
organization, as defined in Section 2 of the Charitable Games |
Act, from soliciting for charitable purposes, including |
solicitations taking place on public roadways from passing |
|
motorists, if all of the following requirements are met.
|
(1) The persons to be engaged in the solicitation are |
law enforcement personnel, firefighters, or other persons |
employed to protect the public safety of a local agency, |
and that are soliciting solely in an area that is within |
the service area of that local agency. |
(2) The charitable organization files an application |
with the municipality having jurisdiction over the |
location or locations where the solicitation is to occur. |
The application shall be filed not later than 10 business |
days before the date that the solicitation is to begin and |
shall include all of the following: |
(A) The date or dates and times of day when the |
solicitation is to occur. |
(B) The location or locations where the |
solicitation is to occur along with a list of 3 |
alternate locations listed in order of preference. |
(C) The manner and conditions under which the |
solicitation is to occur. |
(D) Proof of a valid liability insurance policy in |
the amount of at least $1,000,000 insuring the charity |
or local agency against bodily injury and property |
damage arising out of or in connection with the |
solicitation. |
The municipality shall approve the application within 5 |
business days after the filing date of the application, but |
|
may impose reasonable conditions in writing that are |
consistent with the intent of this Section and are based on |
articulated public safety concerns. If the municipality |
determines that the applicant's location cannot be permitted |
due to significant safety concerns, such as high traffic |
volumes, poor geometrics, construction, maintenance |
operations, or past crash accident history, then the |
municipality may deny the application for that location and |
must approve one of the 3 alternate locations following the |
order of preference submitted by the applicant on the |
alternate location list. By acting under this Section, a local |
agency does not waive or limit any immunity from liability |
provided by any other provision of law. |
For purposes of this Section, "local agency" means a |
municipality, special district, fire district, joint powers of |
authority, or other political subdivision of the State of |
Illinois. |
A home rule unit may not regulate a charitable |
organization in a manner that is inconsistent with this |
Section. This Section is a limitation under subsection (i) of |
Section 6 of Article VII of the Illinois Constitution on the |
concurrent exercise by home rule units of powers and functions |
exercised by the State. |
(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13; |
98-756, eff. 7-16-14.)
|
|
Section 55. The Illinois Insurance Code is amended by |
changing Sections 143.01, 143.19, 143.19.1, 143.19.3, 143.24b, |
143.29, 143.32, 143a, and 143a-2 as follows:
|
(215 ILCS 5/143.01) (from Ch. 73, par. 755.01)
|
Sec. 143.01.
(a) A provision in a policy of vehicle |
insurance described in Section 4
excluding coverage for bodily |
injury to members of the family of the
insured shall not be |
applicable when a third party acquires a right
of contribution |
against a member of the injured person's family.
|
(b) A provision in a policy of vehicle insurance excluding |
coverage for
bodily injury to members of the family of the |
insured shall not be applicable
when any person not in the |
household of the insured was driving the vehicle
of the |
insured involved in the crash accident which is the subject of |
the claim or lawsuit.
|
This subsection (b) applies to any action filed on or |
after its effective date.
|
(Source: P.A. 83-1132.)
|
(215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
|
(Text of Section before amendment by P.A. 101-652 )
|
Sec. 143.19. Cancellation of automobile insurance policy; |
grounds. After a policy of automobile insurance as defined in |
Section
143.13(a) has been effective for 60 days, or if such |
policy is a renewal
policy, the insurer shall not exercise its |
|
option to cancel such policy
except for one or more of the |
following reasons:
|
a. Nonpayment of premium;
|
b. The policy was obtained through a material |
misrepresentation;
|
c. Any insured violated any of the terms and |
conditions of the
policy;
|
d. The named insured failed to disclose fully his |
motor vehicle crashes
accidents and moving traffic |
violations for the preceding 36 months if
called for in |
the application;
|
e. Any insured made a false or fraudulent claim or |
knowingly aided
or abetted another in the presentation of |
such a claim;
|
f. The named insured or any other operator who either |
resides in the
same household or customarily operates an |
automobile insured under such
policy:
|
1. has, within the 12 months prior to the notice of
|
cancellation, had his driver's license under |
suspension or revocation;
|
2. is or becomes subject to epilepsy or heart |
attacks, and such
individual does not produce a |
certificate from a physician testifying to
his |
unqualified ability to operate a motor vehicle safely;
|
3. has a crash an accident record, conviction |
record (criminal or traffic),
physical, or mental |
|
condition which is such that his operation of an
|
automobile might endanger the public safety;
|
4. has, within the 36 months prior to the notice of |
cancellation,
been addicted to the use of narcotics or |
other drugs; or
|
5. has been convicted, or forfeited bail, during |
the 36 months
immediately preceding the notice of |
cancellation, for any felony,
criminal negligence |
resulting in death, homicide or assault arising out
of |
the operation of a motor vehicle, operating a motor |
vehicle while in
an intoxicated condition or while |
under the influence of drugs, being
intoxicated while |
in, or about, an automobile or while having custody of
|
an automobile, leaving the scene of a crash an |
accident without stopping to
report, theft or unlawful |
taking of a motor vehicle, making false
statements in |
an application for an operator's or chauffeur's |
license or
has been convicted or forfeited bail for 3 |
or more violations within the
12 months immediately |
preceding the notice of cancellation, of any law,
|
ordinance, or regulation limiting the speed of motor |
vehicles or any of
the provisions of the motor vehicle |
laws of any state, violation of
which constitutes a |
misdemeanor, whether or not the violations were
|
repetitions of the same offense or different offenses;
|
g. The insured automobile is:
|
|
1. so mechanically defective that its operation |
might endanger
public safety;
|
2. used in carrying passengers for hire or |
compensation (the use of
an automobile for a car pool |
shall not be considered use of an automobile
for hire |
or compensation);
|
3. used in the business of transportation of |
flammables
or explosives;
|
4. an authorized emergency vehicle;
|
5. changed in shape or condition during the policy |
period so as to
increase the risk substantially; or
|
6. subject to an inspection law and has not been |
inspected or, if
inspected, has failed to qualify.
|
Nothing in this Section shall apply to nonrenewal.
|
(Source: P.A. 100-201, eff. 8-18-17.)
|
(Text of Section after amendment by P.A. 101-652 )
|
Sec. 143.19. Cancellation of automobile insurance policy; |
grounds. After a policy of automobile insurance as defined in |
Section
143.13(a) has been effective for 60 days, or if such |
policy is a renewal
policy, the insurer shall not exercise its |
option to cancel such policy
except for one or more of the |
following reasons:
|
a. Nonpayment of premium;
|
b. The policy was obtained through a material |
misrepresentation;
|
|
c. Any insured violated any of the terms and |
conditions of the
policy;
|
d. The named insured failed to disclose fully his |
motor vehicle
crashes accidents and moving traffic |
violations for the preceding 36 months if
called for in |
the application;
|
e. Any insured made a false or fraudulent claim or |
knowingly aided
or abetted another in the presentation of |
such a claim;
|
f. The named insured or any other operator who either |
resides in the
same household or customarily operates an |
automobile insured under such
policy:
|
1. has, within the 12 months prior to the notice of
|
cancellation, had his driver's license under |
suspension or revocation;
|
2. is or becomes subject to epilepsy or heart |
attacks, and such
individual does not produce a |
certificate from a physician testifying to
his |
unqualified ability to operate a motor vehicle safely;
|
3. has a crash an accident record, conviction |
record (criminal or traffic),
physical, or mental |
condition which is such that his operation of an
|
automobile might endanger the public safety;
|
4. has, within the 36 months prior to the notice of |
cancellation,
been addicted to the use of narcotics or |
other drugs; or
|
|
5. has been convicted, or violated conditions of |
pretrial release, during the 36 months
immediately |
preceding the notice of cancellation, for any felony,
|
criminal negligence resulting in death, homicide or |
assault arising out
of the operation of a motor |
vehicle, operating a motor vehicle while in
an |
intoxicated condition or while under the influence of |
drugs, being
intoxicated while in, or about, an |
automobile or while having custody of
an automobile, |
leaving the scene of a crash an accident without |
stopping to
report, theft or unlawful taking of a |
motor vehicle, making false
statements in an |
application for an operator's or chauffeur's license |
or
has been convicted or pretrial release has been |
revoked for 3 or more violations within the
12 months |
immediately preceding the notice of cancellation, of |
any law,
ordinance, or regulation limiting the speed |
of motor vehicles or any of
the provisions of the motor |
vehicle laws of any state, violation of
which |
constitutes a misdemeanor, whether or not the |
violations were
repetitions of the same offense or |
different offenses;
|
g. The insured automobile is:
|
1. so mechanically defective that its operation |
might endanger
public safety;
|
2. used in carrying passengers for hire or |
|
compensation (the use of
an automobile for a car pool |
shall not be considered use of an automobile
for hire |
or compensation);
|
3. used in the business of transportation of |
flammables
or explosives;
|
4. an authorized emergency vehicle;
|
5. changed in shape or condition during the policy |
period so as to
increase the risk substantially; or
|
6. subject to an inspection law and has not been |
inspected or, if
inspected, has failed to qualify.
|
Nothing in this Section shall apply to nonrenewal.
|
(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)
|
(215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
|
(Text of Section before amendment by P.A. 101-652 )
|
Sec. 143.19.1. Limits on exercise of right of nonrenewal. |
After a
policy of automobile insurance, as defined in
Section |
143.13, has been effective or renewed for 5 or more years, the
|
company shall not exercise its right of non-renewal unless:
|
a. The policy was obtained through a material |
misrepresentation; or
|
b. Any insured violated any of the terms and conditions of |
the
policy; or
|
c. The named insured failed to disclose fully his motor |
vehicle crashes
accidents and moving traffic violations for |
the preceding 36 months, if
such information is called for in |
|
the application; or
|
d. Any insured made a false or fraudulent claim or |
knowingly aided
or abetted another in the presentation of such |
a claim; or
|
e. The named insured or any other operator who either |
resides in the
same household or customarily operates an |
automobile insured under such
a policy:
|
1. Has, within the 12 months prior to the notice of |
non-renewal had
his drivers license under suspension or |
revocation; or
|
2. Is or becomes subject to epilepsy or heart attacks, |
and such
individual does not produce a certificate from a |
physician testifying to
his unqualified ability to operate |
a motor vehicle safely; or
|
3. Has a crash an accident record, conviction record |
(criminal or traffic),
or a physical or mental condition |
which is such that his operation of an
automobile might |
endanger the public safety; or
|
4. Has, within the 36 months prior to the notice of |
non-renewal,
been addicted to the use of narcotics or |
other drugs; or
|
5. Has been convicted or forfeited bail, during the 36 |
months
immediately preceding the notice of non-renewal, |
for any felony,
criminal negligence resulting in death, |
homicide or assault arising out
of the operation of a |
motor vehicle, operating a motor vehicle while in
an |
|
intoxicated condition or while under the influence of |
drugs, being
intoxicated while in or about an automobile |
or while having custody of
an automobile, leaving the |
scene of a crash an accident without stopping to
report, |
theft or unlawful taking of a motor vehicle, making false
|
statements in an application for an operators or |
chauffeurs license, or
has been convicted or forfeited |
bail for 3 or more violations within the
12 months |
immediately preceding the notice of non-renewal, of any |
law,
ordinance or regulation limiting the speed of motor |
vehicles or any
of the provisions of the motor vehicle |
laws of any state, violation of
which constitutes a |
misdemeanor, whether or not the violations were
|
repetitions of the same offense or different offenses; or
|
f. The insured automobile is:
|
1. So mechanically defective that its operation might |
endanger
public safety; or
|
2. Used in carrying passengers for hire or |
compensation (the use of
an automobile for a car pool |
shall not be considered use of an
automobile for hire or |
compensation); or
|
3. Used in the business of transportation of |
flammables or
explosives; or
|
4. An authorized emergency vehicle; or
|
5. Changed in shape or condition during the policy |
period so as to
increase the risk substantially; or
|
|
6. Subject to an inspection law and it has not been |
inspected or, if
inspected, has failed to qualify; or
|
g. The notice of the intention
not to renew is mailed to |
the insured at least 60 days before the date of
nonrenewal as |
provided in Section 143.17.
|
(Source: P.A. 89-669, eff. 1-1-97.)
|
(Text of Section after amendment by P.A. 101-652 )
|
Sec. 143.19.1. Limits on exercise of right of nonrenewal. |
After a
policy of automobile insurance, as defined in
Section |
143.13, has been effective or renewed for 5 or more years, the
|
company shall not exercise its right of non-renewal unless:
|
a. The policy was obtained through a material |
misrepresentation; or
|
b. Any insured violated any of the terms and conditions of |
the
policy; or
|
c. The named insured failed to disclose fully his motor |
vehicle crashes
accidents and moving traffic violations for |
the preceding 36 months, if
such information is called for in |
the application; or
|
d. Any insured made a false or fraudulent claim or |
knowingly aided
or abetted another in the presentation of such |
a claim; or
|
e. The named insured or any other operator who either |
resides in the
same household or customarily operates an |
automobile insured under such
a policy:
|
|
1. Has, within the 12 months prior to the notice of |
non-renewal had
his drivers license under suspension or |
revocation; or
|
2. Is or becomes subject to epilepsy or heart attacks, |
and such
individual does not produce a certificate from a |
physician testifying to
his unqualified ability to operate |
a motor vehicle safely; or
|
3. Has a crash an accident record, conviction record |
(criminal or traffic),
or a physical or mental condition |
which is such that his operation of an
automobile might |
endanger the public safety; or
|
4. Has, within the 36 months prior to the notice of |
non-renewal,
been addicted to the use of narcotics or |
other drugs; or
|
5. Has been convicted or pretrial release has been |
revoked, during the 36 months
immediately preceding the |
notice of non-renewal, for any felony,
criminal negligence |
resulting in death, homicide or assault arising out
of the |
operation of a motor vehicle, operating a motor vehicle |
while in
an intoxicated condition or while under the |
influence of drugs, being
intoxicated while in or about an |
automobile or while having custody of
an automobile, |
leaving the scene of a crash an accident without stopping |
to
report, theft or unlawful taking of a motor vehicle, |
making false
statements in an application for an operators |
or chauffeurs license, or
has been convicted or pretrial |
|
release has been revoked for 3 or more violations within |
the
12 months immediately preceding the notice of |
non-renewal, of any law,
ordinance or regulation limiting |
the speed of motor vehicles or any
of the provisions of the |
motor vehicle laws of any state, violation of
which |
constitutes a misdemeanor, whether or not the violations |
were
repetitions of the same offense or different |
offenses; or
|
f. The insured automobile is:
|
1. So mechanically defective that its operation might |
endanger
public safety; or
|
2. Used in carrying passengers for hire or |
compensation (the use of
an automobile for a car pool |
shall not be considered use of an
automobile for hire or |
compensation); or
|
3. Used in the business of transportation of |
flammables or
explosives; or
|
4. An authorized emergency vehicle; or
|
5. Changed in shape or condition during the policy |
period so as to
increase the risk substantially; or
|
6. Subject to an inspection law and it has not been |
inspected or, if
inspected, has failed to qualify; or
|
g. The notice of the intention
not to renew is mailed to |
the insured at least 60 days before the date of
nonrenewal as |
provided in Section 143.17.
|
(Source: P.A. 101-652, eff. 1-1-23.)
|
|
(215 ILCS 5/143.19.3) |
Sec. 143.19.3. Prohibition of rate increase for persons |
involved in emergency use of vehicles. |
(a) No insurer authorized to transact or transacting |
business in this State, or controlling or controlled by or |
under common control by or with an insurer authorized to |
transact or transacting business in this State, that sells a |
personal policy of automobile insurance in this State shall |
increase the policy premium, cancel the policy, or refuse to |
renew the policy solely because the insured or any other |
person who customarily operates an automobile covered by the |
policy has been involved in a crash had an accident while |
operating an automobile in response to an emergency when the |
insured was responding to a call to duty as a volunteer EMS |
provider, as defined in Section 1-220 of the Illinois Vehicle |
Code. |
(b) The provisions of subsection (a) also apply to all |
personal umbrella policies.
|
(Source: P.A. 100-657, eff. 8-1-18.)
|
(215 ILCS 5/143.24b) (from Ch. 73, par. 755.24b)
|
Sec. 143.24b.
Any insurer insuring any person or
entity |
against damages
arising out of a vehicular crash accident |
shall disclose the dollar amount of
liability coverage under |
the insured's personal private passenger
automobile liability |
|
insurance policy upon receipt of the
following: (a) a |
certified letter from a claimant or any attorney
purporting to |
represent any claimant which requests such disclosure and
(b) |
a brief description of the nature and extent of the injuries,
|
accompanied by a statement of the amount of medical bills |
incurred to date
and copies of medical records. The disclosure |
shall be confidential and available
only to the claimant, his |
attorney and personnel
in the office of the attorney entitled |
to access to the claimant's files.
The insurer shall forward |
the information to the party requesting it by
certified mail, |
return receipt requested, within 30 days of receipt of the |
request.
|
(Source: P.A. 85-1209.)
|
(215 ILCS 5/143.29) (from Ch. 73, par. 755.29)
|
Sec. 143.29.
(a) The rates and premium charges for every |
policy of automobile
liability insurance shall include |
appropriate reductions as determined
by the insurer for any |
insured
over age 55 upon successful completion of the National |
Safety Council's
Defensive Driving Course or a motor vehicle |
crash accident prevention course, including an eLearning |
course, that
is found by the Secretary of State to meet or |
exceed the standards of the
National Safety Council's |
Defensive Driving Course's 8 hour classroom safety
instruction |
program.
|
(b) The premium reduction shall remain in effect for the |
|
qualifying insured
for a period of 3 years from the date of |
successful completion of the crash accident
prevention course, |
except that the insurer may elect to apply the premium
|
reduction beginning either with the last effective date of the |
policy or
the next renewal date of the policy if the reduction |
will result in a savings
as though applied over a full 3 year |
period. An insured who has completed
the course of instruction |
prior to July 1, 1982 shall receive the insurance
premium |
reduction
for only the period remaining within the 3 years |
from course completion.
The period of premium reduction for an |
insured who has repeated the crash accident
prevention course |
shall be based upon the last such course the insured has
|
successfully completed.
|
(c) Any crash accident prevention course approved by the |
Secretary of State
under this Section shall be taught by an |
instructor approved by the Secretary
of State, shall consist |
of at least 8 hours of classroom or eLearning equivalent |
instruction and
shall provide for a certificate of completion. |
Records of certification
of course completion shall be |
maintained in a manner acceptable to the Secretary
of State.
|
(d) Any person claiming eligibility for a rate or premium |
reduction shall
be responsible for providing to his insurance |
company the information necessary
to determine eligibility.
|
(e) This Section shall not apply to:
|
(1) any motor vehicle which is a part of a fleet or is |
used for commercial
purposes unless there is a regularly |
|
assigned principal operator.
|
(2) any motor vehicle subject to a higher premium rate |
because of the
insured's previous motor vehicle claim |
experience or to any motor vehicle
whose principal |
operator has been convicted of violating any of the
motor |
vehicle laws of this State, until that operator
shall have |
maintained a driving record free of crashes
accidents and |
moving violations for
a continuous one year period,
in |
which case such driver shall be eligible for a reduction |
the remaining
2 years of the 3 year period.
|
(3) any motor vehicle whose principal operator has had |
his drivers license
revoked or suspended for any reason by |
the Secretary of State within the
previous 36 months.
|
(4) any policy of group automobile insurance under |
which premiums are
broadly averaged for the group rather |
than determined individually.
|
(Source: P.A. 102-397, eff. 1-1-22 .)
|
(215 ILCS 5/143.32)
|
Sec. 143.32. Replacement of child restraint systems. A |
policy of
automobile
insurance, as defined in Section 143.13, |
that is amended, delivered, issued, or
renewed
after the |
effective date of this amendatory Act of the 91st General |
Assembly
must include
coverage for replacement of a child |
restraint system that was in use by a child
during a crash an
|
accident to which coverage is applicable. As used in this |
|
Section, "child
restraint system"
has the meaning given that |
term in the Child Passenger Restraint Act.
|
(Source: P.A. 91-749, eff. 6-2-00.)
|
(215 ILCS 5/143a) (from Ch. 73, par. 755a)
|
Sec. 143a. Uninsured and hit and run motor vehicle |
coverage.
|
(1) No policy insuring against
loss resulting from |
liability imposed by law for bodily injury or death
suffered |
by any person arising out of the ownership, maintenance or use
|
of a motor vehicle that is designed for use on public highways |
and that
is either required to be registered in this State or |
is principally garaged
in this State shall be renewed, |
delivered, or issued for delivery
in this State unless |
coverage is provided therein or
supplemental thereto, in |
limits for bodily injury or death set forth in
Section 7-203 of |
the Illinois Vehicle Code for the
protection of persons |
insured thereunder who are legally entitled to
recover damages |
from owners or operators of uninsured motor vehicles and
|
hit-and-run motor vehicles because of bodily injury, sickness |
or
disease, including death, resulting therefrom. Uninsured |
motor vehicle
coverage does not apply to bodily injury, |
sickness, disease, or death resulting
therefrom, of an insured |
while occupying a motor vehicle owned by, or furnished
or |
available for the regular use of the insured, a resident |
spouse or resident
relative, if that motor vehicle is not |
|
described in the policy under which a
claim is made or is not a |
newly acquired or replacement motor vehicle covered
under the |
terms of the policy. The limits for any coverage for any |
vehicle
under the policy may not be aggregated with the limits |
for any similar
coverage, whether provided by the same insurer |
or another insurer, applying to
other motor vehicles, for |
purposes of determining the total limit of insurance
coverage |
available for bodily injury or death suffered by a person in |
any one
crash accident . No
policy shall be renewed, delivered, |
or issued for delivery in this
State unless it is provided |
therein that any dispute
with respect to the coverage and the |
amount of damages shall be submitted
for arbitration to the
|
American Arbitration Association and be subject to its rules |
for the conduct
of arbitration hearings
as to all matters |
except medical opinions. As to medical opinions, if the
amount |
of damages being sought is equal to or less than the amount |
provided for
in Section 7-203 of the Illinois Vehicle Code, |
then the current American
Arbitration Association Rules shall |
apply. If the amount being sought in an
American Arbitration |
Association case exceeds that amount as set forth in
Section |
7-203 of the Illinois Vehicle Code, then the Rules of Evidence |
that
apply in the circuit court for placing medical opinions |
into evidence shall
govern. Alternatively, disputes with |
respect to damages and the coverage shall
be
determined in the
|
following
manner: Upon the insured requesting arbitration, |
each party to the
dispute shall select an arbitrator and the 2 |
|
arbitrators so named
shall select a third arbitrator. If such |
arbitrators are not selected
within 45 days from such request, |
either party may request that the
arbitration be submitted to |
the American Arbitration Association.
Any decision made by the |
arbitrators shall be binding for the amount of
damages not |
exceeding $75,000 for bodily injury to or
death of any one |
person, $150,000 for bodily injury to or death of 2 or more
|
persons in any one motor vehicle crash accident ,
or the |
corresponding policy limits for bodily injury or death, |
whichever is
less.
All 3-person arbitration cases proceeding |
in accordance with any uninsured
motorist
coverage conducted |
in this State in
which the claimant is only seeking monetary |
damages up to the limits
set forth in Section 7-203 of the |
Illinois Vehicle Code
shall be subject to the following rules:
|
(A) If at least 60 days' written
notice of the |
intention to offer the following documents in evidence is |
given
to every other party, accompanied by a copy of the |
document, a party may offer
in evidence, without |
foundation or other proof:
|
(1) bills, records, and reports of hospitals, |
doctors, dentists,
registered nurses, licensed |
practical nurses, physical therapists, and other
|
healthcare providers;
|
(2) bills for drugs, medical appliances, and |
prostheses;
|
(3) property repair bills or estimates, when |
|
identified and itemized
setting forth the charges for |
labor and material used or proposed for use in
the |
repair of the property;
|
(4) a report of the rate of earnings and time lost |
from work or lost
compensation prepared by an |
employer;
|
(5) the written opinion of an opinion witness, the |
deposition of a
witness, and the statement of a |
witness that the witness would be allowed to
express |
if testifying in person, if the opinion or statement |
is made by
affidavit or by
certification as provided |
in Section 1-109 of the Code of Civil Procedure;
|
(6) any other document not specifically covered by |
any of the foregoing
provisions that is otherwise |
admissible under the rules of evidence.
|
Any party receiving a notice under this paragraph (A) |
may apply to the
arbitrator or panel of arbitrators, as |
the case may be, for the issuance of a
subpoena directed to |
the author or maker or custodian of the document that is
|
the subject of the notice, requiring the person subpoenaed |
to produce copies of
any additional documents as may be |
related to the subject matter of the
document that is the |
subject of the notice. Any such subpoena shall be issued
|
in substantially similar form and served by notice as |
provided by Illinois
Supreme Court Rule 204(a)(4). Any |
such subpoena shall be returnable not
less than 5 days |
|
before the arbitration hearing.
|
(B) Notwithstanding the provisions of Supreme Court |
Rule 213(g), a party
who proposes to use a written opinion |
of an expert or opinion witness or the
testimony of
an |
expert or opinion witness at the hearing may do so |
provided a written notice
of that
intention is given to |
every other party not less than 60 days prior to the date
|
of hearing, accompanied by a statement containing the |
identity of the
witness, his or her qualifications, the |
subject matter, the basis of the
witness's conclusions,
|
and his or her opinion.
|
(C) Any other party may subpoena the author or maker |
of a document
admissible under this subsection, at that |
party's expense, and examine the
author
or maker as if |
under cross-examination. The provisions of Section 2-1101 |
of
the
Code of Civil Procedure shall be applicable to |
arbitration hearings, and it
shall be the duty of a party |
requesting the subpoena to modify the form to show
that |
the appearance is set before an arbitration panel and to |
give the time and
place set for the hearing.
|
(D) The provisions of Section 2-1102 of the Code of |
Civil Procedure shall
be
applicable to arbitration |
hearings under this subsection.
|
(2) No policy insuring
against loss resulting from |
liability imposed by law for property damage
arising out of |
the ownership, maintenance, or use of a motor vehicle shall
be |
|
renewed, delivered, or issued for delivery in this State with |
respect
to any private passenger or recreational motor vehicle |
that is
designed for use on public highways and that is either |
required to be
registered in this State or is principally |
garaged in this State and
is not covered by collision |
insurance under the provisions of such
policy, unless coverage |
is made available in the amount of the actual
cash value of the |
motor vehicle described in the policy or $15,000
whichever is |
less, subject to a $250 deductible, for the protection of
|
persons insured thereunder who are legally entitled to recover |
damages from
owners or operators of uninsured motor vehicles |
and hit-and-run motor
vehicles because of property damage to |
the motor vehicle described in the
policy.
|
There shall be no liability imposed under the uninsured |
motorist
property damage coverage required by this subsection |
if the owner or
operator of the at-fault uninsured motor |
vehicle or hit-and-run motor
vehicle cannot be identified. |
This subsection shall not apply to any
policy which does not |
provide primary motor vehicle liability insurance for
|
liabilities arising from the maintenance, operation, or use of |
a
specifically insured motor vehicle.
|
Each insurance company providing motor vehicle property |
damage liability
insurance shall advise applicants of the |
availability of uninsured motor
vehicle property damage |
coverage, the premium therefor, and provide a brief
|
description of the coverage. That information
need be given |
|
only once and shall not be required in any subsequent renewal,
|
reinstatement or reissuance, substitute, amended, replacement |
or
supplementary policy. No written rejection shall be |
required, and
the absence of a premium payment for uninsured |
motor vehicle property damage
shall constitute conclusive |
proof that the applicant or policyholder has
elected not to |
accept uninsured motorist property damage coverage.
|
An insurance company issuing uninsured motor vehicle
|
property damage coverage may provide that:
|
(i) Property damage losses recoverable thereunder |
shall be limited to
damages caused by the actual physical |
contact of an uninsured motor vehicle
with the insured |
motor vehicle.
|
(ii) There shall be no coverage for loss of use of the |
insured motor
vehicle and no coverage for loss or damage |
to personal property located in
the insured motor vehicle.
|
(iii) Any claim submitted shall include the name and |
address of the
owner of the at-fault uninsured motor |
vehicle, or a registration number and
description of the |
vehicle, or any other available information to
establish |
that there is no applicable motor vehicle property damage |
liability
insurance.
|
Any dispute with respect to the coverage and the amount of
|
damages shall be submitted for
arbitration to the American |
Arbitration Association and be subject to its
rules for the |
conduct of arbitration hearings or for determination in
the |
|
following manner: Upon the insured requesting arbitration, |
each party
to the dispute shall select an arbitrator and the 2 |
arbitrators so named
shall select a third arbitrator. If such |
arbitrators are not selected
within 45 days from such request, |
either party may request that the
arbitration be submitted to |
the American Arbitration Association.
Any arbitration |
proceeding under this subsection seeking recovery for
property |
damages shall be
subject to the following rules:
|
(A) If at least 60 days' written
notice of the |
intention to offer the following documents in evidence is |
given
to every other party, accompanied by a copy of the |
document, a party may offer
in evidence, without |
foundation or other proof:
|
(1) property repair bills or estimates, when |
identified and itemized
setting forth the charges for |
labor and material used or proposed for use in
the |
repair of the property;
|
(2) the written opinion of an opinion witness, the |
deposition of a
witness, and the statement of a |
witness that the witness would be allowed to
express |
if testifying in person, if the opinion or statement |
is made by
affidavit or by
certification as provided |
in Section 1-109 of the Code of Civil Procedure;
|
(3) any other document not specifically covered by |
any of the foregoing
provisions that is otherwise |
admissible under the rules of evidence.
|
|
Any party receiving a notice under this paragraph (A) |
may apply to the
arbitrator or panel of arbitrators, as |
the case may be, for the issuance of a
subpoena directed to |
the author or maker or custodian of the document that is
|
the subject of the notice, requiring the person subpoenaed |
to produce copies of
any additional documents as may be |
related to the subject matter of the
document that is the |
subject of the notice. Any such subpoena shall be issued
|
in substantially similar form and served by notice as |
provided by Illinois
Supreme Court Rule 204(a)(4). Any |
such subpoena shall be returnable not
less than 5 days |
before the arbitration hearing.
|
(B) Notwithstanding the provisions of Supreme Court |
Rule 213(g), a party
who proposes to use a written opinion |
of an expert or opinion witness or the
testimony of
an |
expert or opinion witness at the hearing may do so |
provided a written notice
of that
intention is given to |
every other party not less than 60 days prior to the date
|
of hearing, accompanied by a statement containing the |
identity of the
witness, his or her qualifications, the |
subject matter, the basis of the
witness's conclusions,
|
and his or her opinion.
|
(C) Any other party may subpoena the author or maker |
of a document
admissible under this subsection, at that |
party's expense, and examine the
author
or maker as if |
under cross-examination. The provisions of Section 2-1101 |
|
of
the
Code of Civil Procedure shall be applicable to |
arbitration hearings, and it
shall be the duty of a party |
requesting the subpoena to modify the form to show
that |
the appearance is set before an arbitration panel and to |
give the time and
place set for the hearing.
|
(D) The provisions of Section 2-1102 of the Code of |
Civil Procedure shall
be
applicable to arbitration |
hearings under this subsection.
|
(3) For the purpose of the coverage, the term "uninsured |
motor
vehicle" includes, subject to the terms and conditions |
of the coverage,
a motor vehicle where on, before , or after the |
accident date of the crash the
liability insurer thereof is |
unable to make payment with respect to the
legal liability of |
its insured within the limits specified in the policy
because |
of the entry by a court of competent jurisdiction of an order |
of
rehabilitation or liquidation by reason of insolvency on or |
after the
accident date of the crash . An insurer's extension |
of coverage, as provided in this
subsection, shall be |
applicable to all crashes accidents occurring after July
1, |
1967 during a policy period in which its insured's uninsured |
motor
vehicle coverage is in effect. Nothing in this Section |
may be construed
to prevent any insurer from extending |
coverage under terms and
conditions more favorable to its |
insureds than is required by this Section.
|
(4) In the event of payment to any person under the |
coverage
required by this Section and subject to the terms and |
|
conditions of the
coverage, the insurer making the payment |
shall, to the extent thereof,
be entitled to the proceeds of |
any settlement or judgment resulting from
the exercise of any |
rights of recovery of the person against any person
or |
organization legally responsible for the property damage, |
bodily
injury or death for which the payment is made, |
including the proceeds
recoverable from the assets of the |
insolvent insurer. With respect to
payments made by reason of |
the coverage described in subsection (3), the
insurer making |
such payment shall not be entitled to any right of recovery
|
against the tortfeasor in excess of the proceeds recovered |
from the assets
of the insolvent insurer of the tortfeasor.
|
(5) This amendatory Act of 1967 (Laws of Illinois 1967, |
page 875) shall not be construed to terminate
or reduce any |
insurance coverage or any right of any party under this
Code in |
effect before July 1, 1967. Public Act 86-1155 shall not
be |
construed to terminate or reduce any insurance coverage or any |
right of
any party under this Code in effect before its |
effective date.
|
(6) Failure of the motorist from whom the claimant is |
legally
entitled to recover damages to file the appropriate |
forms with the
Safety Responsibility Section of the Department |
of Transportation within
120 days of the accident date of the |
crash shall create a rebuttable presumption that
the motorist |
was uninsured at the time of the injurious occurrence.
|
(7) An insurance carrier may upon good cause require the
|
|
insured to commence a legal action against the owner or |
operator of an
uninsured motor vehicle before good faith |
negotiation with the carrier. If
the action is commenced at |
the request of the insurance carrier, the
carrier shall pay to |
the insured, before the action is commenced, all court
costs, |
jury fees and sheriff's fees arising from the action.
|
The changes made by Public Act 90-451 apply to all |
policies of
insurance amended, delivered, issued, or renewed |
on and after January 1, 1998 (the effective
date of Public Act |
90-451).
|
(8) The changes made by Public Act 98-927 apply to all |
policies of
insurance amended, delivered, issued, or renewed |
on and after January 1, 2015 (the effective
date of Public Act |
98-927). |
(Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15; |
99-642, eff. 7-28-16.)
|
(215 ILCS 5/143a-2) (from Ch. 73, par. 755a-2)
|
Sec. 143a-2. (1) Additional uninsured motor vehicle
|
coverage. No policy insuring against loss resulting from |
liability imposed
by law for bodily injury or death suffered |
by any person arising out of the
ownership, maintenance or use |
of a motor vehicle shall be renewed or
delivered or issued for |
delivery in this State with respect to any motor
vehicle |
designed for use on public highways and required to be |
registered
in this State unless uninsured motorist coverage as |
|
required in Section
143a of this Code is included in an amount |
equal to the insured's bodily
injury liability limits unless |
specifically rejected by the insured as provided in paragraph |
(2) of this Section. Each
insurance company providing the |
coverage must provide applicants with a
brief description of |
the coverage and advise them of their right to reject
the |
coverage in excess of the limits set forth in Section 7-203 of |
the
Illinois Vehicle Code. The provisions of this amendatory |
Act of 1990 apply
to policies of insurance applied for after |
June 30, 1991.
|
(2) Right of rejection of additional uninsured motorist
|
coverage. Any named insured or applicant may reject additional |
uninsured
motorist coverage in excess of the limits set forth |
in Section 7-203
of the Illinois Vehicle Code by making a |
written request for limits of uninsured motorist coverage |
which are less than bodily injury liability limits or a |
written rejection of limits in excess of those required by |
law. This election or rejection shall be binding on all |
persons insured under the policy. In those cases where the |
insured has elected
to purchase limits of uninsured motorist |
coverage which are less than
bodily injury liability limits or |
to reject limits in excess of those
required by law, the |
insurer need not provide in any renewal,
reinstatement, |
reissuance, substitute, amended, replacement or
supplementary |
policy, coverage in excess of that elected by the insured in
|
connection with a policy previously issued to such insured by |
|
the same
insurer unless the insured subsequently makes a |
written request for
such coverage.
|
(3) The original document indicating the applicant's |
selection of
uninsured motorist coverage limits shall |
constitute sufficient evidence of
the applicant's selection of |
uninsured motorist coverage limits. For purposes of this
|
Section any reproduction of the document by means of |
photograph,
photostat, microfiche, computerized optical |
imaging process, or other
similar process or means of |
reproduction shall be deemed the equivalent of
the original |
document.
|
(4) For the purpose of this Code the term "underinsured |
motor vehicle"
means a motor vehicle whose ownership, |
maintenance or use has resulted in
bodily injury or death of |
the insured, as defined in the policy, and for
which the sum of |
the limits of liability under all bodily injury liability
|
insurance policies or under bonds or other security required |
to be
maintained under Illinois law applicable to the driver |
or to the person or
organization legally responsible for such |
vehicle and applicable to the
vehicle, is less than the limits |
for underinsured coverage provided the
insured as defined in |
the policy at the time of the crash accident . The limits
of |
liability for an insurer providing underinsured motorist |
coverage shall
be the limits of such coverage, less those |
amounts actually recovered under
the applicable bodily injury |
insurance policies, bonds or other security
maintained on the |
|
underinsured motor vehicle.
|
On or after July 1, 1983, no policy insuring against loss |
resulting
from liability imposed by law for bodily injury or |
death suffered by any
person arising out of the ownership, |
maintenance or use of a motor vehicle
shall be renewed or |
delivered or issued for delivery in this State with respect
to |
any motor vehicle designed for use on public highways and |
required to be
registered in this State unless underinsured |
motorist coverage is included
in such policy in an amount |
equal to the total amount of uninsured motorist
coverage |
provided in that policy where such uninsured motorist coverage
|
exceeds the limits set forth in Section 7-203 of the Illinois |
Vehicle Code.
|
The changes made to this subsection (4) by this amendatory |
Act of the 93rd General Assembly apply to policies issued or |
renewed on or after December 1, 2004.
|
(5) Scope. Nothing herein shall prohibit an insurer from |
setting forth
policy terms and conditions which provide that |
if the insured has coverage
available under this Section under |
more than one policy or provision of
coverage, any recovery or |
benefits may be equal to, but may not exceed,
the higher of the |
applicable limits of the respective coverage, and the
limits |
of liability under this Section shall not be increased because
|
of multiple motor vehicles covered under the same policy of |
insurance.
Insurers providing liability coverage on an excess |
or umbrella basis are
neither required to provide, nor are |
|
they prohibited from offering or
making available coverages |
conforming to this Section on a supplemental
basis. |
Notwithstanding the provisions of this Section, an insurer |
shall
not be prohibited from solely providing a combination of |
uninsured and
underinsured motorist coverages where the limits |
of liability under each
coverage is in the same amount.
|
(6) Subrogation against underinsured motorists. No insurer |
shall exercise
any right of subrogation under a policy |
providing additional uninsured motorist
coverage against an |
underinsured motorist where the insurer has been provided
with |
written notice in advance of a settlement between its insured |
and the
underinsured motorist and the insurer fails to advance |
a payment to
the insured, in an amount equal to the tentative |
settlement, within 30 days
following receipt of such notice.
|
(7) A policy which provides underinsured motor vehicle |
coverage may
include a clause which denies payment until the |
limits of liability or
portion thereof under
all bodily injury |
liability insurance policies applicable to the
underinsured |
motor vehicle and its operators have been partially or fully
|
exhausted
by payment
of judgment or settlement. A judgment or |
settlement of the bodily injury
claim in an amount less than |
the limits of liability of the bodily injury
coverages |
applicable to the claim shall not preclude the claimant from |
making
an underinsured motorist claim against the underinsured |
motorist coverage.
Any such provision in a policy of insurance
|
shall be inapplicable if the insured, or the legal |
|
representative of the
insured, and the insurer providing |
underinsured motor vehicle coverage
agree that the insured has |
suffered bodily injury or death as the result of
the negligent |
operation, maintenance, or use of an underinsured motor
|
vehicle and, without arbitration, agree also on the amount of |
damages that
the insured is legally entitled to collect. The |
maximum amount payable
pursuant to such an underinsured motor |
vehicle insurance settlement
agreement shall not exceed the |
amount by which the limits of the
underinsured motorist |
coverage exceed the limits of the bodily injury
liability |
insurance of the owner or operator of the underinsured motor
|
vehicle. Any such agreement shall be final as to the amount due |
and shall
be binding upon both the insured and the |
underinsured motorist insurer
regardless of the amount of any |
judgment, or any settlement reached between
any insured and |
the person or persons responsible for the crash accident . No
|
such settlement agreement shall be concluded unless: (i) the |
insured has
complied with all other applicable policy terms |
and conditions; and (ii)
before the conclusion of the |
settlement agreement, the insured has filed
suit against the |
underinsured motor vehicle owner or operator and has not
|
abandoned the suit, or settled the suit without preserving the |
rights of
the insurer providing underinsured motor vehicle |
coverage in the manner
described in paragraph (6) of this |
Section.
|
(Source: P.A. 93-762, eff. 7-16-04 .)
|
|
Section 60. The Child Care Act of 1969 is amended by |
changing Section 5.1 as follows:
|
(225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
|
Sec. 5.1. (a) The Department shall ensure that no day care |
center, group
home or child care institution as defined in |
this Act shall on a regular
basis transport a child or children |
with any motor vehicle unless such
vehicle is operated by a |
person who complies with the following requirements:
|
1. is 21 years of age or older;
|
2. currently holds a valid driver's license, which has |
not been revoked
or suspended for one or more traffic |
violations during the 3 years
immediately prior to the |
date of application;
|
3. demonstrates physical fitness to operate vehicles |
by submitting the
results of a medical examination |
conducted by a licensed physician;
|
4. has not been convicted of more than 2 offenses |
against traffic
regulations governing the movement of |
vehicles within a twelve month period;
|
5. has not been convicted of reckless driving or |
driving under the
influence or manslaughter or reckless |
homicide resulting from the
operation of a motor vehicle |
within the past 3 years;
|
6. has signed and submitted a written statement |
|
certifying that he has
not, through the unlawful operation |
of a motor vehicle, caused a crash an accident
which |
resulted in the death of any person within the 5 years |
immediately
prior to the date of application.
|
However, such day care centers, group homes and child care |
institutions
may provide for transportation of a child or |
children for special outings,
functions or purposes that are |
not scheduled on a regular basis without
verification that |
drivers for such purposes meet the requirements of this
|
Section.
|
(a-5) As a means of ensuring compliance with the |
requirements set forth in subsection (a), the Department shall |
implement appropriate measures to verify that every individual |
who is employed at a group home or child care institution meets |
those requirements. |
For every individual employed at a group home or child |
care institution who regularly transports children in the |
course of performing his or her duties, the Department must |
make the verification every 2 years. Upon the Department's |
request, the Secretary of State shall provide the Department |
with the information necessary to enable the Department to |
make the verifications required under subsection (a). |
In the case of an individual employed at a group home or |
child care institution who becomes subject to subsection (a) |
for the first time after the effective date of this amendatory |
Act of the 94th General Assembly, the Department must make |
|
that verification with the Secretary of State before the |
individual operates a motor vehicle to transport a child or |
children under the circumstances described in subsection (a). |
In the case of an individual employed at a group home or |
child care institution who is subject to subsection (a) on the |
effective date of this amendatory Act of the 94th General |
Assembly, the Department must make that verification with the |
Secretary of State within 30 days after that effective date. |
If the Department discovers that an individual fails to |
meet the requirements set forth in subsection (a), the |
Department shall promptly notify the appropriate group home or |
child care institution.
|
(b) Any individual who holds a valid Illinois school bus |
driver permit
issued by the Secretary of State
pursuant to The |
Illinois
Vehicle Code, and who is currently employed by a |
school district or parochial
school, or by a contractor with a |
school district or parochial school, to
drive a school bus |
transporting children to and from school,
shall be deemed in |
compliance with the requirements of subsection (a).
|
(c) The Department may, pursuant to Section 8 of this Act, |
revoke the
license of any day care center, group home or child |
care institution that
fails to meet the requirements of this |
Section.
|
(d) A group home or child care institution that
fails to |
meet the requirements of this Section is guilty of a petty |
offense and is subject to a fine of not more than $1,000. Each |
|
day that a group home or child care institution fails to meet |
the requirements of this Section is a separate offense.
|
(Source: P.A. 94-943, eff. 1-1-07.)
|
Section 65. The Liquor Control Act of 1934 is amended by |
changing Section 6-29.1 as follows:
|
(235 ILCS 5/6-29.1)
|
Sec. 6-29.1. Direct shipments of alcoholic liquor. |
(a) The General Assembly makes the following findings: |
(1) The General Assembly of Illinois, having reviewed
|
this Act in light of the United
States Supreme Court's |
2005 decision in Granholm v. Heald,
has determined to |
conform that law to the constitutional
principles |
enunciated by the Court in a manner that best
preserves |
the temperance, revenue, and orderly
distribution values |
of this Act. |
(2) Minimizing automobile crashes accidents and |
fatalities,
domestic violence, health problems, loss of |
productivity,
unemployment, and other social problems |
associated with
dependency and improvident use of |
alcoholic beverages
remains the policy of Illinois. |
(3) To the maximum extent constitutionally feasible,
|
Illinois desires to collect sufficient revenue from excise
|
and use taxes on alcoholic beverages for the purpose of
|
responding to such social problems. |
|
(4) Combined with family education and individual
|
discipline, retail validation of age, and assessment of |
the
capacity of the consumer remains the best pre-sale |
social
protection against the problems associated with the |
abuse
of alcoholic liquor. |
(5) Therefore, the paramount purpose of this |
amendatory Act is to
continue to carefully limit direct |
shipment sales of wine produced by makers of wine
and to |
continue to prohibit such direct shipment sales for
|
spirits and beer. |
For these reasons, the Commission shall establish
a system |
to notify the out-of-state trade of this prohibition
and to |
detect violations. The Commission shall request
the Attorney |
General to extradite any offender.
|
(b) Pursuant to the
Twenty-First Amendment of the United |
States Constitution allowing states to
regulate the |
distribution and sale of alcoholic liquor and pursuant to the
|
federal Webb-Kenyon Act declaring that alcoholic liquor |
shipped in interstate
commerce must comply with state laws, |
the General Assembly hereby finds and
declares that selling |
alcoholic liquor from a point outside this State
through |
various direct marketing means, such as catalogs,
newspapers, |
mailers, and the Internet,
directly to residents of this State |
poses a serious threat
to the State's efforts to prevent |
youths from accessing alcoholic liquor;
to State revenue |
collections; and to the economy of this State.
|
|
Any person manufacturing, distributing, or selling
|
alcoholic liquor who knowingly ships or transports or causes |
the shipping or
transportation of any alcoholic liquor from a |
point outside this State to a
person in this State who does not |
hold a manufacturer's, distributor's,
importing distributor's, |
or non-resident dealer's license issued by the Liquor
Control |
Commission, other than a shipment of sacramental wine to a |
bona fide
religious organization, a shipment authorized by |
Section 6-29, subparagraph (17) of Section 3-12, or any other
|
shipment authorized by this Act, is in violation of this Act.
|
The Commission, upon determining, after investigation, |
that a person
has violated this Section, shall give notice to |
the person by certified mail to
cease and desist all shipments |
of
alcoholic liquor into this State and to withdraw from this |
State within 5
working days after receipt of the notice all |
shipments of alcoholic liquor then
in transit. A person who |
violates the cease and desist notice is subject to the |
applicable penalties in subsection (a) of Section 10-1 of this |
Act.
|
(Source: P.A. 99-904, eff. 1-1-17 .)
|
Section 70. The Suicide Prevention, Education, and |
Treatment Act is amended by changing Section 5 as follows:
|
(410 ILCS 53/5)
|
Sec. 5. Legislative findings.
The General Assembly makes |
|
the following findings:
|
(1) 1,474 Illinoisans lost their lives to suicide in |
2017. During 2016, suicide was the eleventh leading cause |
of death in Illinois, causing more deaths than homicide, |
motor vehicle crashes accidents , accidental falls, and |
numerous prevalent diseases, including liver disease, |
hypertension, influenza/pneumonia, Parkinson's disease, |
and HIV. Suicide was the third leading cause of death of |
ages 15 to 34 and the fourth leading cause of death of ages |
35 to 54. Those living outside of urban areas are |
particularly at risk for suicide, with a rate that is 50% |
higher than those living in urban areas. |
(2) For every person who dies by suicide, more than 30 |
others attempt suicide. |
(3) Each suicide attempt and death impacts countless |
other individuals. Family members, friends, co-workers, |
and others in the community all suffer the long-lasting |
consequences of suicidal behaviors. |
(4) Suicide attempts and deaths by suicide have an |
economic impact on Illinois. The National Center for |
Injury Prevention and Control estimates that in 2010 each |
suicide death in Illinois resulted in $1,181,549 in |
medical costs and work loss costs. It also estimated that |
each hospitalization for self-harm resulted in $31,019 in |
medical costs and work loss costs and each emergency room |
visit for self-harm resulted in $4,546 in medical costs |
|
and work loss costs. |
(5) In 2004, the Illinois General Assembly passed the |
Suicide Prevention, Education, and Treatment Act (Public |
Act 93-907), which required the Illinois Department of |
Public Health to establish the Illinois Suicide Prevention |
Strategic Planning Committee to develop the Illinois |
Suicide Prevention Strategic Plan. That law required the |
use of the 2002 United States Surgeon General's National |
Suicide Prevention Strategy as a model for the Plan. |
Public Act 95-109 changed the name of the committee to the |
Illinois Suicide Prevention Alliance. The Illinois Suicide |
Prevention Strategic Plan was submitted in 2007 and |
updated in 2018. |
(6) In 2004, there were 1,028 suicide deaths in |
Illinois, which the Centers for Disease Control reports |
was an age-adjusted rate of 8.11 deaths per 100,000. The |
Centers for Disease Control reports that the 1,474 suicide |
deaths in 2017 result in an age-adjusted rate of 11.19 |
deaths per 100,000. Thus, since the enactment of Public |
Act 93-907, the rate of suicides in Illinois has risen by |
38%. |
(7) Since the enactment of Public Act 93-907, there |
have been numerous developments in suicide prevention, |
including the issuance of the 2012 National Strategy for |
Suicide Prevention by the United States Surgeon General |
and the National Action Alliance for Suicide Prevention |
|
containing new strategies and recommended activities for |
local governmental bodies. |
(8) Despite the obvious impact of suicide on Illinois |
citizens, Illinois has devoted minimal resources to its |
prevention. There is no full-time coordinator or director |
of suicide prevention activities in the State. Moreover, |
the Suicide Prevention Strategic Plan is still modeled on |
the now obsolete 2002 National Suicide Prevention |
Strategy. |
(9) It is necessary to revise the Suicide Prevention |
Strategic Plan to reflect the most current National |
Suicide Prevention Strategy as well as current research |
and experience into the prevention of suicide. |
(10) One of the goals adopted in the 2012 National |
Strategy for Suicide Prevention is to promote suicide |
prevention as a core component of health care services so |
there is an active engagement of health and social |
services, as well as the coordination of care across |
multiple settings, thereby ensuring continuity of care and |
promoting patient safety. |
(11) Integrating suicide prevention into behavioral |
and physical health care services can save lives. National |
data indicate that: over 30% of individuals are receiving |
mental health care at the time of their deaths by suicide; |
45% have seen their primary care physicians within one |
month of their deaths; and 25% of those who die of suicide |
|
visited an emergency department in the year prior to their |
deaths. |
(12) The Zero Suicide model is a part of the National |
Strategy for Suicide Prevention, a priority of the |
National Action Alliance for Suicide Prevention, and a |
project of the Suicide Prevention Resource Center that |
implements the goal of making suicide prevention a core |
component of health care services. |
(13) The Zero Suicide model is built on the |
foundational belief and aspirational goal that suicide |
deaths of individuals who are under the care of our health |
care systems are preventable with the adoption of |
comprehensive training, patient engagement, transition, |
and quality improvement. |
(14) Health care systems, including mental and |
behavioral health systems and hospitals, that have |
implemented the Zero Suicide model have noted significant |
reductions in suicide deaths for patients within their |
care. |
(15) The Suicide Prevention Resource Center |
facilitates adoption of the Zero Suicide model by |
providing comprehensive information, resources, and tools |
for its implementation.
|
(Source: P.A. 101-331, eff. 8-9-19.)
|
Section 75. The Compassionate Use of Medical Cannabis |
|
Program Act is amended by changing Section 5 as follows:
|
(410 ILCS 130/5)
|
Sec. 5. Findings.
|
(a) The recorded use of cannabis as a medicine goes back |
nearly 5,000 years. Modern medical research has confirmed the |
beneficial uses of cannabis in treating or alleviating the |
pain, nausea, and other symptoms associated with a variety of |
debilitating medical conditions, including cancer, multiple |
sclerosis, and HIV/AIDS, as found by the National Academy of |
Sciences' Institute of Medicine in March 1999.
|
(b) Studies published since the 1999 Institute of Medicine |
report continue to show the therapeutic value of cannabis in |
treating a wide array of debilitating medical conditions. |
These include relief of the neuropathic pain caused by |
multiple sclerosis, HIV/AIDS, and other illnesses that often |
fail to respond to conventional treatments and relief of |
nausea, vomiting, and other side effects of drugs used to |
treat HIV/AIDS and hepatitis C, increasing the chances of |
patients continuing on life-saving treatment regimens.
|
(c) Cannabis has many currently accepted medical uses in |
the United States, having been recommended by thousands of |
licensed physicians to at least 600,000 patients in states |
with medical cannabis laws. The medical utility of cannabis is |
recognized by a wide range of medical and public health |
organizations, including the American Academy of HIV Medicine, |
|
the American College of Physicians, the American Nurses |
Association, the American Public Health Association, the |
Leukemia & Lymphoma Society, and many others.
|
(d) Data from the Federal Bureau of Investigation's |
Uniform Crime Reports and the Compendium of Federal Justice |
Statistics show that approximately 99 out of every 100 |
cannabis arrests in the U.S. are made under state law, rather |
than under federal law. Consequently, changing State law will |
have the practical effect of protecting from arrest the vast |
majority of seriously ill patients who have a medical need to |
use cannabis.
|
(d-5) In 2014, the Task Force on Veterans' Suicide was |
created by the Illinois General Assembly to gather data on |
veterans' suicide prevention. Data from a U.S. Department of |
Veterans Affairs study indicates that 22 veterans commit |
suicide each day. |
(d-10) According to the State of Illinois Opioid Action
|
Plan released in September 2017, "The opioid epidemic is the
|
most significant public health and public safety crisis facing
|
Illinois".
According to the Action Plan, "Fueled by the |
growing opioid
epidemic, drug overdoses have now become the |
leading cause of
death nationwide for people under the age of |
50. In Illinois,
opioid overdoses have killed nearly 11,000 |
people since 2008.
Just last year, nearly 1,900 people died of |
overdoses—almost
twice the number of fatal car crashes |
accidents . Beyond these deaths
are thousands of emergency |
|
department visits, hospital stays,
as well as the pain |
suffered by individuals, families, and
communities". |
According to the Action Plan, "At the current rate, the
|
opioid epidemic will claim the lives of more than 2,700
|
Illinoisans in 2020". |
Further, the Action Plan states, "Physical tolerance to
|
opioids can begin to develop as early as two to three days
|
following the continuous use of opioids, which is a large
|
factor that contributes to their addictive potential". |
The 2017 State of Illinois Opioid Action Plan also states,
|
"The increase in OUD [opioid use disorder] and opioid overdose
|
deaths is largely due to the dramatic rise in the rate and
|
amount of opioids prescribed for pain over the past decades". |
Further, according to the Action Plan, "In the absence of
|
alternative treatments, reducing the supply of prescription |
opioids too abruptly may drive more people to switch to using
|
illicit drugs (including heroin), thus increasing the risk of
|
overdose". |
(e) Alaska, Arizona, California, Colorado, Connecticut, |
Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, |
Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, |
Washington, and Washington, D.C. have removed state-level |
criminal penalties from the medical use and cultivation of |
cannabis. Illinois joins in this effort for the health and |
welfare of its citizens.
|
(f) States are not required to enforce federal law or |
|
prosecute people for engaging in activities prohibited by |
federal law. Therefore, compliance with this Act does not put |
the State of Illinois in violation of federal law.
|
(g) State law should make a distinction between the |
medical and non-medical uses of cannabis. Hence, the purpose |
of this Act is to protect patients with debilitating medical |
conditions, as well as their physicians and providers, from |
arrest and prosecution, criminal and other penalties, and |
property forfeiture if the patients engage in the medical use |
of cannabis.
|
(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18 .)
|
Section 80. The Burn Injury Reporting Act is amended by |
changing Section 5 as follows:
|
(425 ILCS 7/5)
|
Sec. 5. Burn injury reporting. |
(a) Every case of a burn injury treated in a hospital as |
described in this Act may be reported to the Office of the |
State Fire Marshal. The hospital's administrator, manager, |
superintendent, or his or her designee deciding to report |
under this Act shall make an oral report of every burn injury |
in a timely manner as soon as treatment permits, except as |
provided in subsection (c) of this Section, that meets one of |
the following criteria: |
(1) a person receives a serious second-degree burn or |
|
a third degree burn, but not a radiation burn, to 10% or |
more of the person's body as a whole; |
(2) a person sustains a burn to the upper respiratory |
tract or occurring laryngeal edema due to the inhalation |
of superheated air; |
(3) a person sustains any burn injury likely to result |
in death; or |
(4) a person sustains any other burn injury not |
excluded by subsection (c). |
(b) The oral report shall consist of notification by |
telephone to the Office of the State Fire Marshal using a |
toll-free number established by the Office of the State Fire |
Marshal for this purpose. |
(c) A hospital's administrator, manager, superintendent, |
or his or her designee deciding to report under this Act shall |
not report any of the following burn injuries: |
(1) a burn injury of an emergency medical responder, |
as defined in Section 3.50 of the Emergency Medical |
Services (EMS) Systems Act, sustained in the line of duty; |
(2) a burn injury caused by lighting; |
(3) a burn injury caused by a motor vehicle crash |
accident ; or |
(4) a burn injury caused by an identifiable industrial |
accident or work-related accident.
|
(Source: P.A. 98-973, eff. 8-15-14.)
|
|
Section 85. The Illinois Public Health and Safety Animal |
Population Control Act is amended by changing Section 5 as |
follows:
|
(510 ILCS 92/5)
|
Sec. 5. Findings. The General Assembly finds the |
following:
|
(1) Controlling the dog and cat population would have |
a significant benefit to the public health and safety by |
aiding in the prevention of dog attacks, reducing the |
number of dog and cat bite cases involving children, and |
decreasing the number of automobile crashes accidents |
caused by stray dogs and cats.
|
(2) Increasing the number of rabies-vaccinated, owned |
pets in low-income areas will reduce potential threats to |
public health and safety from rabies.
|
(3) Controlling the dog and cat population will save |
taxpayer dollars by reducing the number of dogs and cats |
handled by county and municipal animal control agencies. |
Targeted low-cost spay or neuter programs for dogs and |
cats in select Illinois counties and other states have |
proven to save taxpayers money. |
(4) This Act is established to provide a variety of |
means by which population control and rabies vaccinations |
may be financed.
|
(Source: P.A. 94-639, eff. 8-22-05.)
|
|
Section 90. The Illinois Highway Code is amended by |
changing Section 1-102 as follows:
|
(605 ILCS 5/1-102) (from Ch. 121, par. 1-102)
|
Sec. 1-102.
It is the intent and declared policy of the |
legislature
that an integrated system of highways and streets |
is essential to the
general welfare and to the agricultural, |
industrial, recreational, and
social development of the State. |
In view of the rapid growth of the
State's economy and |
increased use of public highways, the provision of
safe and |
efficient highway transportation is a matter of public |
concern.
It is the declared and continuous policy of the |
legislature to provide
for improvement of highways and the |
highway transportation system as
well as the preservation of |
investment in highways. To that end it is
intended to provide |
for integrated and systematic planning and orderly
development |
in accordance with actual needs. It is further declared that
|
the provision of such a system with efficient management, |
operation, and
control, and the elimination of congestion, |
crash accident reduction, and
safety is an urgent problem and |
proper objective of highway legislation.
It is further |
declared that highway transportation system development
|
requires the cooperation of State, county, township, and |
municipal
highway agencies and coordination of their |
activities on a continuous
and partnership basis and the |
|
legislature intends such cooperative
relationships to |
accomplish this purpose.
|
It is also the intent and declared policy of the |
legislature that no
public moneys derived from fees, excises |
or license taxes relating to
registration, operation and use |
of vehicles on public highways or to
fuels used for the |
propulsion of such vehicles, shall be appropriated or
expended |
other than for costs of administering the laws imposing such
|
fees, excises and license taxes, statutory refunds and |
adjustments
allowed thereunder, highway administrative costs, |
payment of debts and
liabilities incurred in construction and |
reconstruction of public
highways and bridges, acquisition of |
rights-of-way for, and the cost of
construction, |
reconstruction, maintenance, repair and operation of
public |
highways and bridges under the direction and supervision of |
the
State, political subdivision or municipality collecting |
such moneys, and
the costs for patrolling and policing the |
public highways (by State, political
subdivision or |
municipality collecting such money) for enforcement of traffic
|
laws. The separation of grades of such highways with railroads |
and costs
associated with protection of at-grade highway and |
railroad crossings shall
also be permissible.
|
(Source: P.A. 81-2nd S.S.-3.)
|
Section 95. The Toll Highway Act is amended by changing |
Section 19.1 as follows:
|
|
(605 ILCS 10/19.1) |
Sec. 19.1. Confidentiality of personally identifiable |
information obtained through electronic toll collection |
system. |
(a) For purposes of this Section: |
"Electronic toll collection system" is a system where a |
transponder, camera-based vehicle identification system, or |
other electronic medium is used to deduct payment of a toll |
from a subscriber's account or to establish an obligation to |
pay a toll. |
"Electronic toll collection system user" means any natural |
person who subscribes to an electronic toll collection system |
or any natural person who uses a tolled transportation |
facility that employs the Authority's electronic toll |
collection system. |
"Personally identifiable information" means any |
information that identifies or describes an electronic toll |
collection system user, including but not limited to travel |
pattern data, address, telephone number, e-mail address, |
license plate number, photograph, bank account information, or |
credit card number. |
(b) Except as otherwise provided in this Section, the |
Authority may not sell or otherwise provide to any person or |
entity personally identifiable information of any electronic |
toll collection system user that the Authority obtains through |
|
the operation of its electronic toll collection system. |
(c) The Authority may, within practical business and cost |
constraints, store personally identifiable information of an |
electronic toll collection system user only if the information |
is required to perform account functions such as billing, |
account settlement, or toll violation enforcement activities. |
(d) By no later than December 31, 2011, the Authority |
shall establish a privacy policy regarding the collection and |
use of personally identifiable information. Upon its adoption, |
the policy shall be posted on the Authority's website and a |
copy shall be included with each transponder transmitted to a |
user. The policy shall include but need not be limited to the |
following: |
(1) A description of the types of personally |
identifiable information collected by the Authority. |
(2) The categories of third-party persons or entities |
with whom the Authority may share personally identifiable |
information and for what purposes that information is |
shared. |
(3) The process by which the Authority notifies |
electronic toll collection system users of material |
changes to its privacy policy. |
(4) The process by which an electronic toll collection |
system user may review and request changes to any of his or |
her personally identifiable information. |
(5) The effective date of the privacy policy. |
|
(e) This Section does not prohibit the Authority from: |
(1) providing aggregated traveler information derived |
from collective data relating to a group or category of |
electronic toll collection system users from which |
personally identifiable information has been removed; |
(2) sharing data with another transportation agency or |
third-party vendor to comply with interoperability |
specifications and standards regarding electronic toll |
collection devices and technologies, provided that the |
other transportation agency or third-party vendor may not |
use personally identifiable information obtained under |
this Section for a purpose other than described in this |
Section; |
(3) performing financial, legal and accounting |
functions such as billing, account settlement, toll |
violation enforcement, or other activities required to |
operate and manage its toll collection system; |
(4) communicating about products and services offered |
by itself, a business partner, or another public agency; |
(5) using personally identifiable information in |
research projects, provided that appropriate |
confidentiality restrictions are employed to protect |
against the unauthorized release of such information; |
(6) releasing personally identifiable information in |
response to a warrant, subpoena or lawful order from a |
court of competent jurisdiction; |
|
(7) releasing personally identifiable information to |
law enforcement agencies in the case of an emergency when |
obtaining a warrant or subpoena would be impractical; and |
(8) releasing personally identifiable information to |
the Authority's Inspector General or, at the Inspector |
General's direction, to law enforcement agencies under |
paragraphs (5) and (6) of subsection (f) of Section 8.5 of |
this Act. |
(f) In any agreement allowing another public entity to use |
the Authority's toll collection system in a transportation |
facility, the Authority shall require the other public entity |
to comply with the requirements of this Section. |
(g) Personally identifiable information generated through |
the
Authority's toll collection process that reveals the date, |
time, location or
direction of travel by an electronic toll |
collection system user shall be
exempt from release under the |
Illinois Freedom of Information Act. The
exemption in this |
subsection shall not apply to information that concerns (i)
|
the public duties of public employees and officials; (ii) |
whether an electronic toll
collection system user has paid |
tolls; (iii) whether the Authority is
enforcing toll violation |
penalties against electronic toll collection users
who do not |
pay tolls; (iv) crashes accidents or other incidents that |
occur on highways under the jurisdiction of the
Authority; or |
(v) the obligation, receipt, and use of the funds of the |
Authority. The exemption in this subsection (g) shall not be a |
|
limitation or restriction on other Freedom of Information Act |
exemptions applicable to personally identifiable information |
or private information.
|
(Source: P.A. 97-342, eff. 8-12-11.)
|
Section 100. The Roadside Memorial Act is amended by |
changing Section 23.1 as follows:
|
(605 ILCS 125/23.1) |
Sec. 23.1. Fatal crash accident memorial marker program. |
(a) The fatal crash accident memorial marker program is |
intended to raise public awareness of traffic fatalities |
caused by reckless driving or other means by emphasizing the |
dangers while affording families an opportunity to remember |
the victims of traffic crashes. |
(b) As used in this Section, "fatal crash accident |
memorial marker" means a marker on a highway in this State |
commemorating one or more persons who died as a proximate |
result of a crash caused by a driver who committed an act of |
reckless homicide in violation of Section 9-3 or 9-3.2 of the |
Criminal Code of 1961 or the Criminal Code of 2012 or who |
otherwise caused the death of one or more persons through the |
operation of a motor vehicle. |
(c) For purposes of the fatal crash accident memorial |
marker program in this Section, the provisions of Section 15 |
of this Act applicable to DUI memorial markers shall apply the |
|
same to fatal crash accident memorial markers. |
(d) A fatal crash accident memorial marker shall consist |
of a white on blue panel bearing the message "Reckless Driving |
Costs Lives" if the victim or victims died as a proximate |
result of a crash caused by a driver who committed an act of |
reckless homicide in violation of Section 9-3 or 9-3.2 of the |
Criminal Code of 1961 or the Criminal Code of 2012. Otherwise, |
a fatal crash accident memorial marker shall consist of a |
white on blue panel bearing the message "Drive With Care". At |
the request of the qualified relative, a separate panel |
bearing the words "In Memory of (victim's name)", followed by |
the date of the crash that was the proximate cause of the loss |
of the victim's life, shall be mounted below the primary |
panel. |
(e) A fatal crash accident memorial marker may memorialize |
more than one victim who died as a result of the same crash. If |
one or more additional deaths subsequently occur in close |
proximity to an existing fatal crash accident memorial marker, |
the supporting jurisdiction may use the same marker to |
memorialize the subsequent death or deaths, by adding the |
names of the additional persons. |
(f) A fatal crash accident memorial marker shall be |
maintained for at least 2 years from the date the last person |
was memorialized on the marker. |
(g) The supporting jurisdiction has the right to install a |
marker at a location other than the location of the crash or to |
|
relocate a marker due to restricted room, property owner |
complaints, interference with essential traffic control |
devices, safety concerns, or other restrictions. In these |
cases, the sponsoring jurisdiction may select an alternate |
location. |
(h) The Department shall secure the consent of any |
municipality before placing a fatal crash accident memorial |
marker within the corporate limits of the municipality. |
(i) A fee in an amount to be determined by the supporting |
jurisdiction shall be charged to the qualified relative. The |
fee shall not exceed the costs associated with the |
fabrication, installation, and maintenance of the fatal crash |
accident memorial marker. |
(j) The provisions of this Section shall apply to any |
fatal crash accident marker constructed on or after January 1, |
2013.
|
(Source: P.A. 102-60, eff. 7-9-21.)
|
Section 105. The Illinois Vehicle Code is amended by |
changing Sections 1-146.5, 1-159.2, 1-164.5, 1-187.001, |
1-197.6, 2-118.1, 2-123, 4-203, 5-101, 5-101.1, 5-102, |
5-102.8, 6-101, 6-106.1, 6-106.1a, 6-106.2, 6-106.3, 6-106.4, |
6-107, 6-107.5, 6-108.1, 6-113, 6-117, 6-117.2, 6-201, 6-205, |
6-206, 6-208.1, 6-303, 6-402, 6-420, 6-500, 6-500.2, 6-514, |
6-516, 6-703, 6-1002, 6-1004, 6-1009, 7-201, 7-201.1, 7-201.2, |
7-202, 7-203, 7-204, 7-208, 7-209, 7-211, 7-212, 7-214, 7-216, |
|
7-303, 7-309, 7-310, 7-311, 7-316, 7-317, 7-328, 7-329, 7-502, |
7-504, 7-604, 9-105, 10-201, 11-208.6, 11-208.9, 11-401, |
11-402, 11-403, 11-404, 11-407, 11-408, 11-409, 11-411, |
11-412, 11-413, 11-414, 11-415, 11-416, 11-417, 11-501, |
11-501.1, 11-501.2, 11-501.4-1, 11-501.6, 11-501.7, 11-501.8, |
11-506, 11-610, 11-1431, 12-215, 12-604.1, 12-610.1, 12-610.2, |
12-707.01, 13-109, 13-111, 15-301, 16-108, 18a-301, 18b-105, |
18b-108, 18c-6502, 18c-7402, and 20-202 and the headings of |
Article II of Chapter 7 and Article IV of Chapter 11 and by |
adding Section 20-205 as follows:
|
(625 ILCS 5/1-146.5) |
Sec. 1-146.5. Motor vehicle crash accident data. Any |
information generated from a motor vehicle crash accident |
report or supplemental report, but shall not include a copy of |
the motor vehicle crash accident report or supplemental |
report, personally identifying information as defined in |
Section 1-159.2 of this Code, or any other information |
disclosure of which is prohibited by law.
|
(Source: P.A. 100-96, eff. 1-1-18 .)
|
(625 ILCS 5/1-159.2)
|
Sec. 1-159.2. Personally identifying information. |
Information that
identifies an individual, including his or |
her driver's license number, name, address (but not the 5 |
digit zip
code), date of birth, height, weight, hair color, |
|
eye color, email address, and
telephone number, but
|
"personally
identifying information" does not include |
information on vehicular crashes accidents ,
driving |
violations, and driver's status.
|
(Source: P.A. 101-326, eff. 8-9-19.)
|
(625 ILCS 5/1-164.5)
|
Sec. 1-164.5. Proof of financial responsibility. Proof of |
ability to
respond in damages for any liability thereafter |
incurred resulting from the
ownership, maintenance, use or |
operation of a motor vehicle for bodily injury
to or death of |
any person in the amount of $25,000, and subject to this limit
|
for any one person injured or killed, in the amount of $50,000 |
for bodily
injury to or death of 2 or more persons in any one |
crash accident , and for damage to
property in the amount of |
$20,000 resulting from any one crash accident . This proof
in |
these amounts shall be furnished for each motor vehicle |
registered by every
person required to furnish this proof. The |
changes to this Section made by this amendatory Act of the 98th |
General Assembly apply only to policies issued or renewed on |
or after January 1, 2015.
|
(Source: P.A. 98-519, eff. 1-1-15 .)
|
(625 ILCS 5/1-187.001)
|
Sec. 1-187.001. Serious traffic violation.
|
(a) A conviction when operating a motor vehicle for:
|
|
(1) a violation of subsection (a) of Section 11-402, |
relating to a motor
vehicle
crash accident involving |
damage to a vehicle;
|
(2) a violation of Section 11-403, relating to failure |
to stop and
exchange information after a motor vehicle |
collision, property damage only;
|
(3) a violation of subsection (a) of Section 11-502, |
relating to illegal
transportation, possession, or |
carrying of alcoholic liquor within the
passenger area of |
any vehicle;
|
(4) a violation of Section 6-101 relating to operating |
a motor vehicle
without a
valid license or permit;
|
(5) a violation of Section 11-403, relating to failure |
to stop and
exchange information or give aid after a motor |
vehicle collision involving
personal injury or death;
|
(6) a violation relating to excessive speeding, |
involving a single
speeding charge of 26 miles per hour or |
more above the legal speed limit;
|
(7) a violation relating to reckless driving;
|
(8) a violation of subsection (d) of Section 11-707, |
relating to passing
in a no-passing zone;
|
(9) a violation of subsection (b) of Section 11-1402, |
relating to
limitations on backing
upon a controlled |
access highway;
|
(10) a violation of subsection (b) of Section 11-707, |
relating to driving
on the left
side of a roadway in a |
|
no-passing zone;
|
(11) a violation of subsection (e) of Section 11-1002, |
relating to failure
to yield
the right-of-way to a |
pedestrian at an intersection;
|
(12) a violation of Section 11-1008, relating to |
failure to yield to a
pedestrian on a sidewalk; or
|
(13) a violation of Section 11-1201, relating to |
failure to stop for an
approaching railroad train or |
railroad track equipment or signals; or
|
(b) Any other similar violation of a law or local |
ordinance of any state
relating to motor vehicle traffic |
control, other than a parking violation.
|
(c) A violation of any of these defined serious traffic |
offenses shall
not preclude the defendant from being eligible |
to receive an order of court
supervision under Section 5-6-1 |
of the Unified Code of Corrections.
|
(Source: P.A. 98-511, eff. 1-1-14.)
|
(625 ILCS 5/1-197.6) |
Sec. 1-197.6. Statutory summary revocation of driving |
privileges. The revocation by the Secretary of State of a |
person's license or privilege to operate a motor vehicle on |
the public highways for the period provided in Section |
6-208.1. Reinstatement after the revocation period shall occur |
after the person has been approved for reinstatement through |
an administrative hearing with the Secretary of State, has |
|
filed proof of financial responsibility, has paid the |
reinstatement fee as provided in Section 6-118, and has |
successfully completed all necessary examinations. The basis |
for this revocation of driving privileges shall be the |
individual's refusal to submit to or failure to complete a |
chemical test or tests following an arrest for the offense of |
driving under the influence of alcohol, other drugs, or |
intoxicating compounds, or any combination thereof involving a |
motor vehicle crash accident that caused personal injury or |
death to another, as provided in Section 11-501.1 of this |
Code.
|
(Source: P.A. 96-1344, eff. 7-1-11 .)
|
(625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
|
Sec. 2-118.1. Opportunity for hearing; statutory summary |
alcohol
or other drug related suspension or revocation |
pursuant to Section 11-501.1. |
(a) A statutory summary suspension or revocation of |
driving privileges under Section
11-501.1 shall not become |
effective until the person is notified in writing of
the |
impending suspension or revocation and informed that he may |
request a hearing in the
circuit court of venue under |
paragraph (b) of this Section and the statutory
summary |
suspension or revocation shall become effective as provided in |
Section 11-501.1. |
(b) Within 90 days after the notice of statutory summary
|
|
suspension or revocation served under Section
11-501.1, the |
person may make a written request for a judicial hearing in
the |
circuit court of venue. The request to the circuit court shall |
state
the grounds upon which the person seeks to have the |
statutory summary
suspension or revocation rescinded. Within |
30 days after receipt of the written request
or the first |
appearance date on the Uniform Traffic Ticket issued pursuant
|
to a violation of Section 11-501, or a similar provision of a |
local
ordinance, the hearing shall be conducted by the circuit |
court having
jurisdiction. This judicial hearing, request, or |
process shall not stay or
delay the statutory summary |
suspension or revocation. The hearings shall proceed in the
|
court in the same manner as in other civil proceedings. |
The hearing may be conducted upon a review of the law |
enforcement
officer's own official reports; provided however, |
that the person may
subpoena the officer. Failure of the |
officer to answer the subpoena shall
be considered grounds for |
a continuance if in the court's discretion the
continuance is |
appropriate. |
The scope of the hearing shall be limited to the issues of: |
1. Whether the person was placed under arrest for an |
offense as defined
in Section 11-501, or a similar |
provision of a local ordinance, as evidenced
by the |
issuance of a Uniform Traffic Ticket, or issued a Uniform |
Traffic
Ticket out of state as provided in subsection (a) |
of Section 11-501.1; and |
|
2. Whether the officer had reasonable grounds to |
believe that
the person was driving or in actual physical |
control of a motor vehicle
upon a highway while under the |
influence of alcohol, other drug, or
combination of both; |
and |
3. Whether the person, after being advised by the |
officer
that the privilege to operate a motor vehicle |
would be suspended or revoked if the
person refused to |
submit to and complete the test or tests, did refuse to
|
submit to or complete the test or tests to determine the |
person's blood alcohol or drug concentration; or |
4. Whether the person, after being advised by the |
officer that
the privilege to operate a motor vehicle |
would be suspended if the person
submits to a chemical |
test, or tests, and the test discloses an alcohol
|
concentration of 0.08 or more, a tetrahydrocannabinol |
concentration as defined in paragraph 6 of subsection (a) |
of Section 11-501.2 of this Code, or any amount of a drug, |
substance,
or compound in the person's blood, other bodily |
substance, or urine resulting from the unlawful use or
|
consumption of a controlled
substance listed in the |
Illinois Controlled Substances Act, an intoxicating
|
compound as listed in the Use of Intoxicating Compounds |
Act, or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act, and the person
did |
submit to and complete the test or tests that determined |
|
an alcohol
concentration of 0.08 or more. |
4.2. (Blank). |
4.5. (Blank). |
5. If the person's driving privileges were revoked, |
whether the person was involved in a motor vehicle crash |
accident that caused Type A injury or death to another. |
Upon the conclusion of the judicial hearing, the circuit |
court shall
sustain or rescind the statutory summary |
suspension or revocation and immediately notify
the Secretary |
of State. Reports received by the Secretary of State under
|
this Section shall be privileged information and for use only |
by the
courts, police officers, and Secretary of State. |
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; |
99-697, eff. 7-29-16.)
|
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
|
Sec. 2-123. Sale and distribution of information.
|
(a) Except as otherwise provided in this Section, the |
Secretary may make the
driver's license, vehicle and title |
registration lists, in part or in whole,
and any statistical |
information derived from these lists available to local
|
governments, elected state officials, state educational |
institutions, and all
other governmental units of the State |
and Federal
Government
requesting them for governmental |
purposes. The Secretary shall require any such
applicant for |
services to pay for the costs of furnishing such services and |
|
the
use of the equipment involved, and in addition is |
empowered to establish prices
and charges for the services so |
furnished and for the use of the electronic
equipment |
utilized.
|
(b) The Secretary is further empowered to and he may, in |
his discretion,
furnish to any applicant, other than listed in |
subsection (a) of this Section,
vehicle or driver data on a |
computer tape, disk, other electronic format or
computer |
processable medium, or printout at a fixed fee of
$250 for |
orders received before October 1, 2003 and $500 for orders |
received
on or after October 1, 2003, in advance, and require |
in addition a
further sufficient
deposit based upon the |
Secretary of State's estimate of the total cost of the
|
information requested and a charge of $25 for orders received |
before October
1, 2003 and $50 for orders received on or after |
October 1, 2003, per 1,000
units or part
thereof identified or |
the actual cost, whichever is greater. The Secretary is
|
authorized to refund any difference between the additional |
deposit and the
actual cost of the request. This service shall |
not be in lieu of an abstract
of a driver's record nor of a |
title or registration search. This service may
be limited to |
entities purchasing a minimum number of records as required by
|
administrative rule. The information
sold pursuant to this |
subsection shall be the entire vehicle or driver data
list, or |
part thereof. The information sold pursuant to this subsection
|
shall not contain personally identifying information unless |
|
the information is
to be used for one of the purposes |
identified in subsection (f-5) of this
Section. Commercial |
purchasers of driver and vehicle record databases shall
enter |
into a written agreement with the Secretary of State that |
includes
disclosure of the commercial use of the information |
to be purchased. |
(b-1) The Secretary is further empowered to and may, in |
his or her discretion, furnish vehicle or driver data on a |
computer tape, disk, or other electronic format or computer |
processible medium, at no fee, to any State or local |
governmental agency that uses the information provided by the |
Secretary to transmit data back to the Secretary that enables |
the Secretary to maintain accurate driving records, including |
dispositions of traffic cases. This information may be |
provided without fee not more often than once every 6 months.
|
(c) Secretary of State may issue registration lists. The |
Secretary
of State may compile a list of all registered
|
vehicles. Each list of registered vehicles shall be arranged |
serially
according to the registration numbers assigned to |
registered vehicles and
may contain in addition the names and |
addresses of registered owners and
a brief description of each |
vehicle including the serial or other
identifying number |
thereof. Such compilation may be in such form as in the
|
discretion of the Secretary of State may seem best for the |
purposes intended.
|
(d) The Secretary of State shall furnish no more than 2 |
|
current available
lists of such registrations to the sheriffs |
of all counties and to the chiefs
of police of all cities and |
villages and towns of 2,000 population and over
in this State |
at no cost. Additional copies may be purchased by the sheriffs
|
or chiefs of police at the fee
of $500 each or at the cost of |
producing the list as determined
by the Secretary of State. |
Such lists are to be used for governmental
purposes only.
|
(e) (Blank).
|
(e-1) (Blank).
|
(f) The Secretary of State shall make a title or |
registration search of the
records of his office and a written |
report on the same for any person, upon
written application of |
such person, accompanied by a fee of $5 for
each registration |
or title search. The written application shall set forth
the |
intended use of the requested information. No fee shall be |
charged for a
title or
registration search, or for the |
certification thereof requested by a government
agency. The |
report of the title or registration search shall not contain
|
personally identifying information unless the request for a |
search was made for
one of the purposes identified in |
subsection (f-5) of this Section. The report of the title or |
registration search shall not contain highly
restricted |
personal
information unless specifically authorized by this |
Code.
|
The Secretary of State shall certify a title or |
registration record upon
written request. The fee for |
|
certification shall be $5 in addition
to the fee required for a |
title or registration search. Certification shall
be made |
under the signature of the Secretary of State and shall be
|
authenticated by Seal of the Secretary of State.
|
The Secretary of State may notify the vehicle owner or |
registrant of
the request for purchase of his title or |
registration information as the
Secretary deems appropriate.
|
No information shall be released to the requester until |
expiration of a 10-day
period. This 10-day period shall not |
apply to requests for
information made by law enforcement |
officials, government agencies,
financial institutions, |
attorneys, insurers, employers, automobile
associated |
businesses, persons licensed as a private detective or firms
|
licensed as a private detective agency under the Private |
Detective, Private
Alarm, Private Security, Fingerprint |
Vendor, and Locksmith Act of 2004, who are employed by or are
|
acting on
behalf of law enforcement officials, government |
agencies, financial
institutions, attorneys, insurers, |
employers, automobile associated businesses,
and other |
business entities for purposes consistent with the Illinois |
Vehicle
Code, the vehicle owner or registrant or other |
entities as the Secretary may
exempt by rule and regulation.
|
Any misrepresentation made by a requester of title or |
vehicle information
shall be punishable as a petty offense, |
except in the case of persons
licensed as a private detective |
or firms licensed as a private detective agency
which shall be |
|
subject to disciplinary sanctions under Section 40-10 of the
|
Private Detective, Private Alarm, Private Security, |
Fingerprint Vendor, and Locksmith Act of 2004.
|
(f-5) The Secretary of State shall not disclose or |
otherwise make
available to
any person or entity any |
personally identifying information obtained by the
Secretary
|
of State in connection with a driver's license, vehicle, or |
title registration
record
unless the information is disclosed |
for one of the following purposes:
|
(1) For use by any government agency, including any |
court or law
enforcement agency, in carrying out its |
functions, or any private person or
entity acting on |
behalf of a federal, State, or local agency in carrying |
out
its
functions.
|
(2) For use in connection with matters of motor |
vehicle or driver safety
and theft; motor vehicle |
emissions; motor vehicle product alterations, recalls,
or |
advisories; performance monitoring of motor vehicles, |
motor vehicle parts,
and dealers; and removal of non-owner |
records from the original owner
records of motor vehicle |
manufacturers.
|
(3) For use in the normal course of business by a |
legitimate business or
its agents, employees, or |
contractors, but only:
|
(A) to verify the accuracy of personal information |
submitted by
an individual to the business or its |
|
agents, employees, or contractors;
and
|
(B) if such information as so submitted is not |
correct or is no
longer correct, to obtain the correct |
information, but only for the
purposes of preventing |
fraud by, pursuing legal remedies against, or
|
recovering on a debt or security interest against, the |
individual.
|
(4) For use in research activities and for use in |
producing statistical
reports, if the personally |
identifying information is not published,
redisclosed, or |
used to
contact individuals.
|
(5) For use in connection with any civil, criminal, |
administrative, or
arbitral proceeding in any federal, |
State, or local court or agency or before
any
|
self-regulatory body, including the service of process, |
investigation in
anticipation of litigation, and the |
execution or enforcement of judgments and
orders, or |
pursuant to an order of a federal, State, or local court.
|
(6) For use by any insurer or insurance support |
organization or by a
self-insured entity or its agents, |
employees, or contractors in connection with
claims |
investigation activities, antifraud activities, rating, or |
underwriting.
|
(7) For use in providing notice to the owners of towed |
or
impounded vehicles.
|
(8) For use by any person licensed as a private |
|
detective or firm licensed as a private
detective agency |
under
the Private Detective, Private Alarm, Private |
Security, Fingerprint Vendor, and Locksmith Act of
2004, |
private investigative agency or security service
licensed |
in Illinois for any purpose permitted under this |
subsection.
|
(9) For use by an employer or its agent or insurer to |
obtain or verify
information relating to a holder of a |
commercial driver's license that is
required under chapter |
313 of title 49 of the United States Code.
|
(10) For use in connection with the operation of |
private toll
transportation facilities.
|
(11) For use by any requester, if the requester |
demonstrates it has
obtained the written consent of the |
individual to whom the information
pertains.
|
(12) For use by members of the news media, as defined |
in
Section 1-148.5, for the purpose of newsgathering when |
the request relates to
the
operation of a motor vehicle or |
public safety.
|
(13) For any other use specifically authorized by law, |
if that use is
related to the operation of a motor vehicle |
or public safety. |
(f-6) The Secretary of State shall not disclose or |
otherwise make
available to any
person or entity any highly |
restricted personal information obtained by the
Secretary of
|
State in connection with a driver's license, vehicle, or
title |
|
registration
record unless
specifically authorized by this |
Code.
|
(g) 1. The Secretary of State may, upon receipt of a |
written request
and a fee as set forth in Section 6-118, |
furnish to the person or agency so requesting a
driver's |
record or data contained therein. Such document may include a |
record of: current driver's
license issuance information, |
except that the information on judicial driving
permits shall |
be available only as otherwise provided by this Code;
|
convictions; orders entered revoking, suspending or cancelling |
a
driver's
license or privilege; and notations of crash |
accident involvement. All other
information, unless otherwise |
permitted by
this Code, shall remain confidential. Information |
released pursuant to a
request for a driver's record shall not |
contain personally identifying
information, unless the request |
for the driver's record was made for one of the
purposes set |
forth in subsection (f-5) of this Section. The Secretary of |
State may, without fee, allow a parent or guardian of a person |
under the age of 18 years, who holds an instruction permit or |
graduated driver's license, to view that person's driving |
record online, through a computer connection.
The parent or |
guardian's online access to the driving record will terminate |
when the instruction permit or graduated driver's license |
holder reaches the age of 18.
|
2. The Secretary of State shall not disclose or otherwise |
make available
to any
person or
entity any highly restricted |
|
personal information obtained by the Secretary of
State in
|
connection with a driver's license, vehicle, or title
|
registration record
unless specifically
authorized by this |
Code. The Secretary of State may certify an abstract of a |
driver's record
upon written request therefor. Such |
certification
shall be made under the signature of the |
Secretary of State and shall be
authenticated by the Seal of |
his office.
|
3. All requests for driving record information shall be |
made in a manner
prescribed by the Secretary and shall set |
forth the intended use of the
requested information.
|
The Secretary of State may notify the affected driver of |
the request
for purchase of his driver's record as the |
Secretary deems appropriate.
|
No information shall be released to the requester until |
expiration of a 10-day
period. This 10-day period shall not |
apply to requests for information
made by law enforcement |
officials, government agencies, financial institutions,
|
attorneys, insurers, employers, automobile associated |
businesses, persons
licensed as a private detective or firms |
licensed as a private detective agency
under the Private |
Detective, Private Alarm, Private Security, Fingerprint |
Vendor, and Locksmith Act
of 2004,
who are employed by or are |
acting on behalf of law enforcement officials,
government |
agencies, financial institutions, attorneys, insurers, |
employers,
automobile associated businesses, and other |
|
business entities for purposes
consistent with the Illinois |
Vehicle Code, the affected driver or other
entities as the |
Secretary may exempt by rule and regulation.
|
Any misrepresentation made by a requester of driver |
information shall
be punishable as a petty offense, except in |
the case of persons licensed as
a private detective or firms |
licensed as a private detective agency which shall
be subject |
to disciplinary sanctions under Section 40-10 of the Private
|
Detective, Private Alarm, Private Security, Fingerprint |
Vendor, and Locksmith Act of 2004.
|
4. The Secretary of State may furnish without fee, upon |
the written
request of a law enforcement agency, any |
information from a driver's
record on file with the Secretary |
of State when such information is required
in the enforcement |
of this Code or any other law relating to the operation
of |
motor vehicles, including records of dispositions; documented
|
information involving the use of a motor vehicle; whether such |
individual
has, or previously had, a driver's license; and the |
address and personal
description as reflected on said driver's |
record.
|
5. Except as otherwise provided in this Section, the |
Secretary of
State may furnish, without fee, information from |
an individual driver's
record on file, if a written request |
therefor is submitted
by any public transit system or |
authority, public defender, law enforcement
agency, a state or |
federal agency, or an Illinois local intergovernmental
|
|
association, if the request is for the purpose of a background |
check of
applicants for employment with the requesting agency, |
or for the purpose of
an official investigation conducted by |
the agency, or to determine a
current address for the driver so |
public funds can be recovered or paid to
the driver, or for any |
other purpose set forth in subsection (f-5)
of this Section.
|
The Secretary may also furnish the courts a copy of an |
abstract of a
driver's record, without fee, subsequent to an |
arrest for a violation of
Section 11-501 or a similar |
provision of a local ordinance. Such abstract
may include |
records of dispositions; documented information involving
the |
use of a motor vehicle as contained in the current file; |
whether such
individual has, or previously had, a driver's |
license; and the address and
personal description as reflected |
on said driver's record.
|
6. Any certified abstract issued by the Secretary of State |
or
transmitted electronically by the Secretary of State |
pursuant to this
Section,
to a court or on request of a law |
enforcement agency, for the record of a
named person as to the |
status of the person's driver's license shall be
prima facie |
evidence of the facts therein stated and if the name appearing
|
in such abstract is the same as that of a person named in an |
information or
warrant, such abstract shall be prima facie |
evidence that the person named
in such information or warrant |
is the same person as the person named in
such abstract and |
shall be admissible for any prosecution under this Code and
be |
|
admitted as proof of any prior conviction or proof of records, |
notices, or
orders recorded on individual driving records |
maintained by the Secretary of
State.
|
7. Subject to any restrictions contained in the Juvenile |
Court Act of
1987, and upon receipt of a proper request and a |
fee as set forth in Section 6-118, the
Secretary of
State shall |
provide a driver's record or data contained therein to the |
affected driver, or the affected
driver's attorney, upon |
verification. Such record shall contain all the
information |
referred to in paragraph 1 of this subsection (g) plus: any
|
recorded crash accident involvement as a driver; information |
recorded pursuant to
subsection (e) of Section 6-117 and |
paragraph (4) of subsection (a) of
Section 6-204 of this Code. |
All other information, unless otherwise permitted
by this |
Code, shall remain confidential.
|
(h) The Secretary shall not disclose social security |
numbers or any associated information obtained from the Social |
Security Administration except pursuant
to a written request |
by, or with the prior written consent of, the
individual |
except: (1) to officers and employees of the Secretary
who
|
have a need to know the social security numbers in performance |
of their
official duties, (2) to law enforcement officials for |
a civil or
criminal law enforcement investigation, and if an |
officer of the law enforcement
agency has made a written |
request to the Secretary specifying the law
enforcement |
investigation for which the social security numbers are being
|
|
sought, though the Secretary retains the right to require |
additional verification regarding the validity of the request, |
(3) to the United States Department of Transportation, or any |
other
State, pursuant to the administration and enforcement of |
the Commercial
Motor Vehicle Safety Act of 1986 or |
participation in State-to-State verification service, (4) |
pursuant to the order of a court
of competent jurisdiction, |
(5) to the Department of Healthcare and Family Services |
(formerly Department of Public Aid) for
utilization
in the |
child support enforcement duties assigned to that Department |
under
provisions of the Illinois Public Aid Code after the |
individual has received advanced
meaningful notification of |
what redisclosure is sought by the Secretary in
accordance |
with the federal Privacy Act, (5.5) to the Department of |
Healthcare and Family Services and the Department of Human |
Services solely for the purpose of verifying Illinois |
residency where such residency is an eligibility requirement |
for benefits under the Illinois Public Aid Code or any other |
health benefit program administered by the Department of |
Healthcare and Family Services or the Department of Human |
Services, (6) to the Illinois Department of Revenue solely for |
use by the Department in the collection of any tax or debt that |
the Department of Revenue is authorized or required by law to |
collect, provided that the Department shall not disclose the |
social security number to any person or entity outside of the |
Department, (7) to the Illinois Department of Veterans' |
|
Affairs for the purpose of confirming veteran status, or (8) |
the last 4 digits to the Illinois State Board of Elections for |
purposes of voter registration and as may be required pursuant |
to an agreement for a multi-state voter registration list |
maintenance system. If social security information is |
disclosed by the Secretary in accordance with this Section, no |
liability shall rest with the Office of the Secretary of State |
or any of its officers or employees, as the information is |
released for official purposes only.
|
(i) (Blank).
|
(j) Medical statements or medical reports received in the |
Secretary of
State's Office shall be confidential. Except as |
provided in this Section, no confidential information may be
|
open to public inspection or the contents disclosed to anyone, |
except
officers and employees of the Secretary who have a need |
to know the information
contained in the medical reports and |
the Driver License Medical Advisory
Board, unless so directed |
by an order of a court of competent jurisdiction. If the |
Secretary receives a medical report regarding a driver that |
does not address a medical condition contained in a previous |
medical report, the Secretary may disclose the unaddressed |
medical condition to the driver or his or her physician, or |
both, solely for the purpose of submission of a medical report |
that addresses the condition.
|
(k) Disbursement of fees collected under this Section |
shall be as follows: (1) of the $12 fee for a driver's record, |
|
$3 shall be paid into the Secretary of State Special Services |
Fund, and $6 shall be paid into the General Revenue Fund; (2) |
50% of the amounts collected under subsection (b) shall be |
paid into the General Revenue Fund; and (3) all remaining fees |
shall be disbursed under subsection (g) of Section 2-119 of |
this Code.
|
(l) (Blank).
|
(m) Notations of crash accident involvement that may be |
disclosed under this
Section shall not include notations |
relating to damage to a vehicle or other
property being |
transported by a tow truck. This information shall remain
|
confidential, provided that nothing in this subsection (m) |
shall limit
disclosure of any notification of crash accident |
involvement to any law enforcement
agency or official.
|
(n) Requests made by the news media for driver's license, |
vehicle, or
title registration information may be furnished |
without charge or at a reduced
charge, as determined by the |
Secretary, when the specific purpose for
requesting the |
documents is deemed to be in the public interest. Waiver or
|
reduction of the fee is in the public interest if the principal |
purpose of the
request is to access and disseminate |
information regarding the health, safety,
and welfare or the |
legal rights of the general public and is not for the
principal |
purpose of gaining a personal or commercial benefit.
The |
information provided pursuant to this subsection shall not |
contain
personally identifying information unless the |
|
information is to be used for one
of the
purposes identified in |
subsection (f-5) of this Section.
|
(o) The redisclosure of personally identifying information
|
obtained
pursuant
to this Section is prohibited, except to the |
extent necessary to effectuate the
purpose
for which the |
original disclosure of the information was permitted.
|
(p) The Secretary of State is empowered to adopt rules
to
|
effectuate this Section.
|
(Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19; |
101-326, eff. 8-9-19.)
|
(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
|
Sec. 4-203. Removal of motor vehicles or other vehicles; |
towing or
hauling away.
|
(a) When a vehicle is abandoned, or left unattended, on a |
toll
highway, interstate highway, or expressway for 2 hours or |
more, its
removal by a towing service may be authorized by a |
law enforcement
agency having jurisdiction.
|
(b) When a vehicle is abandoned on a highway in an urban |
district 10
hours or more, its removal by a towing service may |
be authorized by a
law enforcement agency having jurisdiction.
|
(c) When a vehicle is abandoned or left unattended on a |
highway
other than a toll highway, interstate highway, or |
expressway, outside of
an urban district for 24 hours or more, |
its removal by a towing service
may be authorized by a law |
enforcement agency having jurisdiction.
|
|
(d) When an abandoned, unattended, wrecked, burned or |
partially
dismantled vehicle is creating a traffic hazard |
because of its position
in relation to the highway or its |
physical appearance is causing the
impeding of traffic, its |
immediate removal from the highway or private
property |
adjacent to the highway by a towing service may be authorized
|
by a law enforcement agency having jurisdiction.
|
(e) Whenever a
peace officer reasonably believes that a |
person under
arrest for a violation of Section 11-501 of this |
Code or a similar
provision of a local ordinance is likely, |
upon release, to commit a
subsequent violation of Section |
11-501, or a similar provision of a local
ordinance, the |
arresting officer shall have the vehicle which the person
was |
operating at the time of the arrest impounded for a period of |
12 hours after the time of arrest. However, such vehicle may be
|
released by the arresting law enforcement agency prior to the |
end of the
impoundment period if:
|
(1) the vehicle was not owned by the person under |
arrest, and the lawful
owner requesting such release |
possesses a valid operator's license, proof
of ownership, |
and would not, as determined by the arresting law |
enforcement
agency, indicate a lack of ability to operate |
a motor vehicle in a safe
manner, or who would otherwise, |
by operating such motor vehicle, be in
violation of this |
Code; or
|
(2) the vehicle is owned by the person under arrest, |
|
and the person
under arrest gives permission to another |
person to operate such vehicle,
provided however, that the |
other person possesses a valid operator's license
and |
would not, as determined by the arresting law enforcement
|
agency, indicate a lack of ability to operate a motor |
vehicle in a safe
manner or who would otherwise, by |
operating such motor vehicle, be in
violation of this |
Code.
|
(e-5) Whenever a registered owner of a vehicle is taken |
into custody for
operating the vehicle in violation of Section |
11-501 of this Code or a similar
provision of a local ordinance |
or Section 6-303 of this Code, a
law enforcement officer
may |
have the vehicle immediately impounded for a period not less |
than:
|
(1) 24 hours for a second violation of Section 11-501 |
of this Code or a
similar provision of a local ordinance or |
Section 6-303
of
this Code or a combination of these |
offenses; or
|
(2) 48 hours for a third violation of Section 11-501 |
of this Code or a
similar provision of a local ordinance or |
Section 6-303 of this
Code or a combination of these |
offenses.
|
The vehicle may be released sooner if the vehicle is owned |
by the person
under arrest and the person under arrest gives |
permission to another person to
operate the vehicle and that |
other person possesses a valid operator's license
and would |
|
not, as determined by the arresting law enforcement agency, |
indicate
a lack of ability to operate a motor vehicle in a safe |
manner or would
otherwise, by operating the motor vehicle, be |
in violation of this Code.
|
(f) Except as provided in Chapter 18a of this Code, the |
owner or
lessor of privately owned real property within this |
State, or any person
authorized by such owner or lessor, or any |
law enforcement agency in the
case of publicly owned real |
property may cause any motor vehicle abandoned
or left |
unattended upon such property without permission to be removed |
by a
towing service without liability for the costs of |
removal, transportation
or storage or damage caused by such |
removal, transportation or storage.
The towing or removal of |
any vehicle from private property without the
consent of the |
registered owner or other legally authorized person in
control |
of the vehicle is subject to compliance with the following
|
conditions and restrictions:
|
1. Any towed or removed vehicle must be stored at the |
site of the towing
service's place of business. The site |
must be open during business hours,
and for the purpose of |
redemption of vehicles, during the time that the
person or |
firm towing such vehicle is open for towing purposes.
|
2. The towing service shall within 30 minutes of |
completion of such
towing or removal, notify the law |
enforcement agency having jurisdiction of
such towing or |
removal, and the make, model, color and license plate |
|
number
of the vehicle, and shall obtain and record the |
name of the person at the law
enforcement agency to whom |
such information was reported.
|
3. If the registered owner or legally authorized |
person entitled to
possession of the vehicle shall arrive |
at the scene prior to actual removal
or towing of the |
vehicle, the vehicle shall be disconnected from the tow
|
truck and that person shall be allowed to remove the |
vehicle without
interference, upon the payment of a |
reasonable service fee of not more than
one half the |
posted rate of the towing service as provided in paragraph
|
6 of this subsection, for which a receipt shall be given.
|
4. The rebate or payment of money or any other |
valuable consideration
from the towing service or its |
owners, managers or employees to the owners
or operators |
of the premises from which the vehicles are towed or |
removed,
for the privilege of removing or towing those |
vehicles, is prohibited. Any
individual who violates this |
paragraph shall be guilty of a Class A
misdemeanor.
|
5. Except for property appurtenant to and obviously a |
part of a single
family residence, and except for |
instances where notice is personally given
to the owner or |
other legally authorized person in control of the vehicle
|
that the area in which that vehicle is parked is reserved |
or otherwise
unavailable to unauthorized vehicles and they |
are subject to being removed
at the owner or operator's |
|
expense, any property owner or lessor, prior to
towing or |
removing any vehicle from private property without the |
consent of
the owner or other legally authorized person in |
control of that vehicle,
must post a notice meeting the |
following requirements:
|
a. Except as otherwise provided in subparagraph |
a.1 of this subdivision (f)5, the notice must be |
prominently placed at each driveway access or curb
cut |
allowing vehicular access to the property within 5 |
feet from the public
right-of-way line. If there are |
no curbs or access barriers, the sign must
be posted |
not less than one sign each 100 feet of lot frontage.
|
a.1. In a municipality with a population of less |
than 250,000, as an alternative to the requirement of |
subparagraph a of this subdivision (f)5, the notice |
for a parking lot contained within property used |
solely for a 2-family, 3-family, or 4-family residence |
may be prominently placed at the perimeter of the |
parking lot, in a position where the notice is visible |
to the occupants of vehicles entering the lot.
|
b. The notice must indicate clearly, in not less |
than 2 inch high
light-reflective letters on a |
contrasting background, that unauthorized
vehicles |
will be towed away at the owner's expense.
|
c. The notice must also provide the name and |
current telephone
number of the towing service towing |
|
or removing the vehicle.
|
d. The sign structure containing the required |
notices must be
permanently installed with the bottom |
of the sign not less than 4 feet
above ground level, |
and must be continuously maintained on the property |
for
not less than 24 hours prior to the towing or |
removing of any vehicle.
|
6. Any towing service that tows or removes vehicles |
and proposes to
require the owner, operator, or person in |
control of the vehicle to pay the
costs of towing and |
storage prior to redemption of the vehicle must file
and |
keep on record with the local law enforcement agency a |
complete copy of
the current rates to be charged for such |
services, and post at the storage
site an identical rate |
schedule and any written contracts with property
owners, |
lessors, or persons in control of property which authorize |
them to
remove vehicles as provided in this Section.
The |
towing and storage charges, however, shall not exceed the |
maximum allowed by the Illinois Commerce Commission under |
Section 18a-200.
|
7. No person shall engage in the removal of vehicles |
from private
property as described in this Section without |
filing a notice of intent
in each community where he |
intends to do such removal, and such
notice shall be filed |
at least 7 days before commencing such towing.
|
8. No removal of a vehicle from private property shall |
|
be done except
upon express written instructions of the |
owners or persons in charge of the
private property upon |
which the vehicle is said to be trespassing.
|
9. Vehicle entry for the purpose of removal shall be |
allowed with
reasonable care on the part of the person or |
firm towing the vehicle. Such
person or firm shall be |
liable for any damages occasioned to the vehicle if
such |
entry is not in accordance with the standards of |
reasonable care.
|
9.5. Except as authorized by a law enforcement |
officer, no towing service shall engage in the removal of |
a commercial motor vehicle that requires a commercial |
driver's license to operate by operating the vehicle under |
its own power on a highway. |
10. When a vehicle has been towed or removed pursuant |
to this Section,
it must be released to its owner, |
custodian, agent, or lienholder within one half hour after
|
requested, if such request is made during business hours. |
Any vehicle owner,
custodian, agent, or lienholder shall |
have the right to inspect the vehicle before
accepting its |
return, and no release or waiver of any kind which would
|
release the towing service from liability for damages |
incurred during the
towing and storage may be required |
from any vehicle owner or other legally
authorized person |
as a condition of release of the vehicle. A detailed,
|
signed receipt showing the legal name of the towing |
|
service must be given
to the person paying towing or |
storage charges at the time of payment,
whether requested |
or not.
|
This Section shall not apply to law enforcement, |
firefighting, rescue,
ambulance, or other emergency |
vehicles which are marked as such or to
property owned by |
any governmental entity.
|
When an authorized person improperly causes a motor |
vehicle to be
removed, such person shall be liable to the |
owner or lessee of the vehicle
for the cost or removal, |
transportation and storage, any damages resulting
from the |
removal, transportation and storage, attorney's fee and |
court costs.
|
Any towing or storage charges accrued shall be payable |
in cash or by cashier's check, certified check, debit |
card, credit card, or wire transfer, at the option of the |
party taking possession of the vehicle.
|
11. Towing companies shall also provide insurance |
coverage for areas
where vehicles towed under the |
provisions of this Chapter will be impounded
or otherwise |
stored, and shall adequately cover loss by fire, theft or
|
other risks.
|
Any person who fails to comply with the conditions and |
restrictions of
this subsection shall be guilty of a Class C |
misdemeanor and shall be fined
not less than $100 nor more than |
$500.
|
|
(g)(1) When a vehicle is determined to be a hazardous |
dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the |
Illinois Municipal Code or Section 5-12002.1 of the Counties |
Code, its
removal and impoundment by a towing service may be |
authorized by a law
enforcement agency with appropriate |
jurisdiction.
|
(2) When a vehicle removal from either public or private |
property is
authorized by a law enforcement agency, the owner |
of the vehicle shall be
responsible for all towing and storage |
charges.
|
(3) Vehicles removed from public or private property and
|
stored by a commercial vehicle relocator or any other towing |
service authorized by a law enforcement agency in
compliance |
with this Section and Sections 4-201 and 4-202
of this Code, or |
at the request of the vehicle owner or operator,
shall
be |
subject to a possessor lien for services
pursuant to the Labor |
and Storage Lien (Small Amount) Act. The provisions of Section |
1 of that Act relating to notice
and implied consent shall be |
deemed satisfied by compliance with Section
18a-302 and |
subsection (6) of Section 18a-300. In no event shall such lien
|
be greater than the rate or rates established in accordance |
with subsection
(6) of Section 18a-200 of this Code. In no |
event shall such lien be
increased or altered to reflect any |
charge for services or materials
rendered in addition to those |
authorized by this Code. Every such lien
shall be payable in |
cash or by cashier's check, certified check, debit card, |
|
credit card, or wire transfer, at the option of the party |
taking possession of the vehicle.
|
(4) Any personal property belonging to the vehicle owner |
in a vehicle subject to a lien under this
subsection
(g) shall |
likewise be subject to that lien, excepting only:
child |
restraint systems as defined in Section 4 of the Child |
Passenger Protection Act and other child booster seats; |
eyeglasses; food; medicine; perishable property; any |
operator's licenses; any cash, credit
cards, or checks or |
checkbooks; any wallet, purse, or other property
containing |
any operator's license or other identifying documents or |
materials,
cash, credit cards, checks, or checkbooks; and any |
personal property belonging to a person other than the vehicle |
owner if that person provides adequate proof that the personal |
property belongs to that person. The spouse, child, mother, |
father, brother, or sister of the vehicle owner may claim |
personal property excepted under this paragraph (4) if the |
person claiming the personal property provides the commercial |
vehicle relocator or towing service with the authorization of |
the vehicle owner. |
(5) This paragraph (5) applies only in the case of a |
vehicle that is towed as a result of being involved in a crash |
an accident . In addition to the personal property excepted |
under paragraph (4), all other personal property in a vehicle |
subject to a lien under this subsection (g) is exempt from that |
lien and may be claimed by the vehicle owner if the vehicle |
|
owner provides the commercial vehicle relocator or towing |
service with proof that the vehicle owner has an insurance |
policy covering towing and storage fees. The spouse, child, |
mother, father, brother, or sister of the vehicle owner may |
claim personal property in a vehicle subject to a lien under |
this subsection (g) if the person claiming the personal |
property provides the commercial vehicle relocator or towing |
service with the authorization of the vehicle owner and proof |
that the vehicle owner has an insurance policy covering towing |
and storage fees. The regulation of liens on personal property |
and exceptions to those liens in the case of vehicles towed as |
a result of being involved in a crash an accident are
exclusive |
powers and functions of the State. A home
rule unit may not |
regulate liens on personal property and exceptions to those |
liens in the case of vehicles towed as a result of being |
involved in a crash an accident . This paragraph (5) is a denial |
and
limitation of home rule powers and functions under
|
subsection (h) of Section 6 of Article VII of the
Illinois |
Constitution. |
(6) No lien under this subsection (g) shall:
exceed $2,000 |
in its total amount; or
be increased or altered to reflect any |
charge for services or
materials rendered in addition to those |
authorized by this Code.
|
(h) Whenever a peace officer issues a citation to a driver |
for a violation of subsection (a) of Section 11-506 of this |
Code, the arresting officer may have the vehicle which the |
|
person was operating at the time of the arrest impounded for a |
period of 5 days after the time of arrest.
An impounding agency |
shall release a motor vehicle impounded under this subsection |
(h) to the registered owner of the vehicle under any of the |
following circumstances: |
(1) If the vehicle is a stolen vehicle; or |
(2) If the person ticketed for a violation of |
subsection (a) of Section 11-506 of this Code was not |
authorized by the registered owner of the vehicle to |
operate the vehicle at the time of the violation; or |
(3) If the registered owner of the vehicle was neither |
the driver nor a passenger in the vehicle at the time of |
the violation or was unaware that the driver was using the |
vehicle to engage in street racing; or |
(4) If the legal owner or registered owner of the |
vehicle is a rental car agency; or |
(5) If, prior to the expiration of the impoundment |
period specified above, the citation is dismissed or the |
defendant is found not guilty of the offense.
|
(i) Except for vehicles exempted under subsection (b) of |
Section 7-601 of this Code, whenever a law enforcement officer |
issues a citation to a driver for a violation of Section 3-707 |
of this Code, and the driver has a prior conviction for a |
violation of Section 3-707 of this Code in the past 12 months, |
the arresting officer shall authorize the removal and |
impoundment of the vehicle by a towing service. |
|
(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17; |
100-537, eff. 6-1-18; 100-863, eff. 8-14-18.)
|
(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
|
Sec. 5-101. New vehicle dealers must be licensed.
|
(a) No person shall engage in this State in the business of |
selling
or dealing in, on consignment or otherwise, new |
vehicles of any make, or
act as an intermediary or agent or |
broker for any licensed dealer or
vehicle purchaser other than |
as a salesperson, or represent or advertise
that he is so |
engaged or intends to so engage in such business unless
|
licensed to do so in writing by the Secretary of State under |
the
provisions of this Section.
|
(b) An application for a new vehicle dealer's license |
shall be filed
with the Secretary of State, duly verified by |
oath, on such form as the
Secretary of State may by rule or |
regulation prescribe and shall contain:
|
1. The name and type of business organization of the |
applicant and
his established and additional places of |
business, if any, in this State.
|
2. If the applicant is a corporation, a list of its |
officers,
directors, and shareholders having a ten percent |
or greater ownership
interest in the corporation, setting |
forth the residence address of
each; if the applicant is a |
sole proprietorship, a partnership, an
unincorporated |
association, a trust, or any similar form of business
|
|
organization, the name and residence address of the |
proprietor or of
each partner, member, officer, director, |
trustee, or manager.
|
3. The make or makes of new vehicles which the |
applicant will offer
for sale at retail in this State.
|
4. The name of each manufacturer or franchised |
distributor, if any,
of new vehicles with whom the |
applicant has contracted for the sale of
such new |
vehicles. As evidence of this fact, the application shall |
be
accompanied by a signed statement from each such |
manufacturer or
franchised distributor. If the applicant |
is in the business of
offering for sale new conversion |
vehicles, trucks or vans, except for
trucks modified to |
serve a special purpose which includes but is not
limited |
to the following vehicles: street sweepers, fertilizer |
spreaders,
emergency vehicles, implements of husbandry or |
maintenance type vehicles,
he must furnish evidence of a |
sales and service agreement from both the
chassis |
manufacturer and second stage manufacturer.
|
5. A statement that the applicant has been approved |
for registration
under the Retailers' Occupation Tax Act |
by the Department of Revenue:
Provided that this |
requirement does not apply to a dealer who is already
|
licensed hereunder with the Secretary of State, and who is |
merely applying
for a renewal of his license. As evidence |
of this fact, the application
shall be accompanied by a |
|
certification from the Department of Revenue
showing that |
that Department has approved the applicant for |
registration
under the Retailers' Occupation Tax Act.
|
6. A statement that the applicant has complied with |
the appropriate
liability insurance requirement. A |
Certificate of Insurance in a solvent
company authorized |
to do business in the State of Illinois shall be included
|
with each application covering each location at which he |
proposes to act
as a new vehicle dealer. The policy must |
provide liability coverage in
the minimum amounts of |
$100,000 for bodily injury to, or death of, any person,
|
$300,000 for bodily injury to, or death of, two or more |
persons in any one
crash accident , and $50,000 for damage |
to property. Such policy shall expire
not sooner than |
December 31 of the year for which the license was issued
or |
renewed. The expiration of the insurance policy shall not |
terminate
the liability under the policy arising during |
the period for which the
policy was filed. Trailer and |
mobile home dealers are exempt from this
requirement.
|
If the permitted user has a liability insurance policy |
that provides
automobile
liability insurance coverage of |
at least $100,000 for bodily injury to or the
death of any
|
person, $300,000 for bodily injury to or the death of any 2 |
or more persons in
any one crash
accident , and $50,000 for |
damage to property,
then the permitted user's insurer |
shall be the primary
insurer and the
dealer's insurer |
|
shall be the secondary insurer. If the permitted user does |
not
have a liability
insurance policy that provides |
automobile liability insurance coverage of at
least
|
$100,000 for bodily injury to or the death of any person, |
$300,000 for bodily
injury to or the death of any 2 or more |
persons in any one crash accident , and
$50,000 for damage |
to property, or does not have any insurance at all,
then |
the dealer's insurer shall be the primary insurer and the |
permitted user's
insurer shall be the secondary
insurer.
|
When a permitted user is "test driving" a new vehicle |
dealer's automobile,
the new vehicle dealer's insurance |
shall be primary and the permitted user's
insurance shall |
be secondary.
|
As used in this paragraph 6, a "permitted user" is a |
person who, with the
permission of the new vehicle dealer |
or an employee of the new vehicle dealer,
drives a vehicle |
owned and held for sale or lease by the new vehicle dealer
|
which the person is considering
to purchase or lease, in |
order to evaluate the performance, reliability, or
|
condition of the vehicle.
The term "permitted user" also |
includes a person who, with the permission of
the new
|
vehicle dealer, drives a vehicle owned or held for sale or |
lease by the new
vehicle dealer
for loaner purposes while |
the user's vehicle is being repaired or evaluated.
|
As used in this paragraph 6, "test driving" occurs |
when a permitted user
who,
with the permission of the new |
|
vehicle dealer or an employee of the new vehicle
dealer, |
drives a vehicle owned and held for sale or lease by a new |
vehicle
dealer that the person is considering to purchase |
or lease, in order to
evaluate the performance, |
reliability, or condition of the
vehicle.
|
As used in this paragraph 6, "loaner purposes" means |
when a person who,
with the permission of the new vehicle |
dealer, drives a vehicle owned or held
for sale or lease by |
the new vehicle dealer while the
user's vehicle is being |
repaired or evaluated.
|
7. (A) An application for a new motor vehicle dealer's |
license shall be
accompanied by the following license |
fees:
|
(i) $1,000 for applicant's established place of |
business, and
$100 for each
additional place of |
business, if any, to which the application
pertains; |
but if the application is made after June 15 of any |
year, the license
fee shall be $500 for applicant's |
established place of business
plus
$50 for each |
additional place of business, if any, to which the
|
application pertains. License fees shall be returnable |
only in the event that
the application is denied by the |
Secretary of State.
All moneys received by the |
Secretary of State as license fees under this |
subparagraph (i) prior to applications for the 2004
|
licensing year
shall be
deposited into the Motor |
|
Vehicle Review Board Fund and shall
be used to |
administer the Motor Vehicle Review Board under the |
Motor Vehicle
Franchise Act. Of the money received by |
the Secretary of State as license
fees under this |
subparagraph (i) for the 2004
licensing year and
|
thereafter, 10% shall
be deposited into the Motor |
Vehicle Review Board Fund and shall be used to
|
administer the Motor Vehicle Review Board under the |
Motor Vehicle Franchise Act
and 90% shall be deposited |
into the General Revenue Fund.
|
(ii) Except for dealers selling 25 or fewer |
automobiles or as provided in subsection (h) of |
Section 5-102.7 of this Code, an Annual Dealer |
Recovery Fund Fee in the amount of $500 for the |
applicant's established place of business, and $50 for |
each additional place of business, if any, to which |
the application pertains; but if the application is |
made after June 15 of any year, the fee shall be $250 |
for the applicant's established place of business plus |
$25 for each additional place of business, if any, to |
which the application pertains. For a license renewal |
application, the fee shall be based on the amount of |
automobiles sold in the past year according to the |
following formula: |
(1) $0 for dealers selling 25 or less |
automobiles; |
|
(2) $150 for dealers selling more than 25 but |
less than 200 automobiles; |
(3) $300 for dealers selling 200 or more |
automobiles but less than 300 automobiles; and |
(4) $500 for dealers selling 300 or more |
automobiles. |
License fees shall be returnable only in the event |
that the application is denied by the Secretary of |
State. Moneys received under this subparagraph (ii) |
shall be deposited into the Dealer Recovery Trust |
Fund. |
(B) An application for a new vehicle dealer's license, |
other than for
a new motor vehicle dealer's license, shall |
be accompanied by the following
license fees:
|
(i) $1,000 for applicant's established place of |
business, and
$50 for each
additional place of |
business, if any, to which the application pertains; |
but if
the application is made after June 15 of any |
year, the license fee shall be
$500
for applicant's |
established place of business plus $25 for each
|
additional
place of business, if any, to which the |
application pertains. License fees
shall be returnable |
only in the event that the application is denied by the
|
Secretary of State. Of the money received by the |
Secretary of State as
license fees under this |
subparagraph (i) for the 2004 licensing year and |
|
thereafter,
95% shall be deposited into the General |
Revenue Fund.
|
(ii) Except as provided in subsection (h) of |
Section 5-102.7 of this Code, an Annual Dealer |
Recovery Fund Fee in the amount of $500 for the |
applicant's established place of business, and $50 for |
each additional place of business, if any, to which |
the application pertains; but if the application is |
made after June 15 of any year, the fee shall be $250 |
for the applicant's established place of business plus |
$25 for each additional place of business, if any, to |
which the application pertains. License fees shall be |
returnable only in the event that the application is |
denied by the Secretary of State. Moneys received |
under this subparagraph (ii) shall be deposited into |
the Dealer Recovery Trust Fund. |
8. A statement that the applicant's officers, |
directors,
shareholders having a 10% or greater ownership |
interest
therein, proprietor, a partner, member, officer, |
director, trustee, manager
or other principals in the |
business have not committed in the past 3
years any one |
violation as determined in any civil, criminal or
|
administrative proceedings of any one of the following |
Acts:
|
(A) The Anti-Theft Laws of the Illinois Vehicle |
Code;
|
|
(B) The Certificate of Title Laws of the Illinois |
Vehicle Code;
|
(C) The Offenses against Registration and |
Certificates of Title
Laws of the Illinois Vehicle |
Code;
|
(D) The Dealers, Transporters, Wreckers and |
Rebuilders
Laws of the Illinois Vehicle Code;
|
(E) Section 21-2 of the Criminal Code of 1961 or |
the Criminal Code of 2012, Criminal Trespass to
|
Vehicles; or
|
(F) The Retailers' Occupation Tax Act.
|
9. A statement that the applicant's officers, |
directors,
shareholders having a 10% or greater ownership |
interest
therein, proprietor, partner, member, officer, |
director, trustee, manager
or other principals in the |
business have not committed in any calendar year
3 or more |
violations, as determined in any civil, criminal or
|
administrative proceedings, of any one or more of the |
following Acts:
|
(A) The Consumer Finance Act;
|
(B) The Consumer Installment Loan Act;
|
(C) The Retail Installment Sales Act;
|
(D) The Motor Vehicle Retail Installment Sales |
Act;
|
(E) The Interest Act;
|
(F) The Illinois Wage Assignment Act;
|
|
(G) Part 8 of Article XII of the Code of Civil |
Procedure; or
|
(H) The Consumer Fraud Act.
|
9.5. A statement that, within 10 years of application,
|
each officer, director, shareholder having a
10% or |
greater ownership interest therein, proprietor,
partner, |
member, officer, director, trustee, manager, or
other |
principal in the business of the applicant has not |
committed, as determined
in any civil, criminal, or |
administrative proceeding, in
any calendar year one or |
more
forcible felonies under the Criminal Code of 1961 or |
the
Criminal Code of 2012, or a violation of either or both |
Article 16 or 17 of the Criminal Code of 1961 or a |
violation of either or both Article 16 or 17 of the |
Criminal Code of 2012, Article 29B of the Criminal Code of |
1961 or the Criminal Code of 2012, or a similar |
out-of-state offense.
For the purposes of this paragraph, |
"forcible felony" has
the meaning provided in Section 2-8 |
of the Criminal Code
of 2012. |
10. A bond or certificate of deposit in the amount of |
$50,000 for
each location at which the applicant intends |
to act as a new vehicle
dealer. The bond shall be for the |
term of the license, or its renewal, for
which application |
is made, and shall expire not sooner than
December 31 of |
the year for which the license was issued or renewed. The |
bond
shall run to the People of the State of Illinois, with |
|
surety by a bonding or
insurance company authorized to do |
business in this State. It shall be
conditioned upon the |
proper transmittal of all title and registration fees and
|
taxes (excluding taxes under the Retailers' Occupation Tax |
Act) accepted by the
applicant as a new vehicle dealer.
|
11. Such other information concerning the business of |
the applicant as
the Secretary of State may by rule or |
regulation prescribe.
|
12. A statement that the applicant understands Chapter |
1 through
Chapter 5 of this Code.
|
13. The full name, address, and contact information of |
each of the dealer's agents or legal representatives who |
is an Illinois resident and liable for the performance of |
the dealership. |
(c) Any change which renders no longer accurate any |
information
contained in any application for a new vehicle |
dealer's license shall be
amended within 30 days after the |
occurrence of such change on such form
as the Secretary of |
State may prescribe by rule or regulation,
accompanied by an |
amendatory fee of $2.
|
(d) Anything in this Chapter 5 to the contrary |
notwithstanding no
person shall be licensed as a new vehicle |
dealer unless:
|
1. He is authorized by contract in writing between |
himself and the
manufacturer or franchised distributor of |
such make of vehicle to so
sell the same in this State, and
|
|
2. Such person shall maintain an established place of |
business as
defined in this Act.
|
(e) The Secretary of State shall, within a reasonable time |
after
receipt, examine an application submitted to him under |
this Section and
unless he makes a determination that the |
application submitted to him
does not conform with the |
requirements of this Section or that grounds
exist for a |
denial of the application, under Section 5-501 of this
|
Chapter, grant the applicant an original new vehicle dealer's |
license in
writing for his established place of business and a |
supplemental license
in writing for each additional place of |
business in such form as he may
prescribe by rule or regulation |
which shall include the following:
|
1. The name of the person licensed;
|
2. If a corporation, the name and address of its |
officers or if a
sole proprietorship, a partnership, an |
unincorporated association or any
similar form of business |
organization, the name and address of the
proprietor or of |
each partner, member, officer, director, trustee or
|
manager;
|
3. In the case of an original license, the established |
place of
business of the licensee;
|
4. In the case of a supplemental license, the |
established place of
business of the licensee and the |
additional place of business to which such
supplemental |
license pertains;
|
|
5. The make or makes of new vehicles which the |
licensee is licensed
to sell;
|
6. The full name, address, and contact information of |
each of the dealer's agents or legal representatives who |
is an Illinois resident and liable for the performance of |
the dealership. |
(f) The appropriate instrument evidencing the license or a |
certified
copy thereof, provided by the Secretary of State, |
shall be kept posted
conspicuously in the established place of |
business of the licensee and
in each additional place of |
business, if any, maintained by such
licensee.
|
(g) Except as provided in subsection (h) hereof, all new |
vehicle
dealer's licenses granted under this Section shall |
expire by operation
of law on December 31 of the calendar year |
for which they are granted
unless sooner revoked or cancelled |
under the provisions of Section 5-501
of this Chapter.
|
(h) A new vehicle dealer's license may be renewed upon |
application
and payment of the fee required herein, and |
submission of proof of
coverage under an approved bond under |
the Retailers' Occupation Tax
Act or proof that applicant is |
not subject to such bonding
requirements, as in the case of an |
original license, but in case an
application for the renewal |
of an effective license is made during the
month of December, |
the effective license shall remain in force until the
|
application is granted or denied by the Secretary of State.
|
(i) All persons licensed as a new vehicle dealer are |
|
required to
furnish each purchaser of a motor vehicle:
|
1. In the case of a new vehicle a manufacturer's |
statement of origin
and in the case of a used motor vehicle |
a certificate of title, in
either case properly assigned |
to the purchaser;
|
2. A statement verified under oath that all |
identifying numbers on
the vehicle agree with those on the |
certificate of title or
manufacturer's statement of |
origin;
|
3. A bill of sale properly executed on behalf of such |
person;
|
4. A copy of the Uniform Invoice-transaction reporting |
return
referred to in Section 5-402 hereof;
|
5. In the case of a rebuilt vehicle, a copy of the |
Disclosure of Rebuilt
Vehicle Status; and
|
6. In the case of a vehicle for which the warranty has |
been reinstated, a
copy of the warranty.
|
(j) Except at the time of sale or repossession of the |
vehicle, no person
licensed as a new vehicle dealer may issue |
any other person a newly created
key to a vehicle unless the |
new vehicle dealer makes a color photocopy or electronic scan |
of the driver's
license or State identification card of the |
person requesting or obtaining the
newly created key. The new |
vehicle dealer must retain the photocopy or scan for 30 days.
|
A new vehicle dealer who violates this subsection (j) is |
guilty of a
petty offense. Violation of this subsection (j) is |
|
not cause to suspend,
revoke,
cancel, or deny renewal of the |
new vehicle dealer's license.
|
This amendatory Act of 1983 shall be applicable to the |
1984 registration
year and thereafter.
|
(k) If a licensee under this Section voluntarily |
surrenders a license to the Illinois Secretary of State Police |
or a representative of the Secretary of State Vehicle Services |
Department due to the licensee's inability to adhere to |
recordkeeping provisions, or the inability to properly issue |
certificates of title or registrations under this Code, or the |
Secretary revokes a license under this Section, then the |
licensee and the licensee's agent, designee, or legal |
representative, if applicable, may not be named on a new |
application for a licensee under this Section or under this |
Chapter, nor is the licensee or the licensee's agent, |
designee, or legal representative permitted to work for |
another licensee under this Chapter in a recordkeeping, |
management, or financial position or as an employee who |
handles certificate of title and registration documents and |
applications. |
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22 .)
|
(625 ILCS 5/5-101.1)
|
Sec. 5-101.1. Motor vehicle financing affiliates; |
licensing.
|
(a) In this State no business shall engage in the business |
|
of a motor
vehicle financing
affiliate without a license to do |
so in writing from the Secretary of State.
|
(b) An application for a motor vehicle financing |
affiliate's license must be
filed with
the Secretary of State, |
duly verified by oath, on a form prescribed by the
Secretary of
|
State and shall contain all of the following:
|
(1) The name and type of business organization of the |
applicant and the
applicant's
established place of |
business and any additional places of business in this
|
State.
|
(2) The name and address of the licensed new or used |
vehicle dealer to
which the
applicant will be selling, |
transferring, or assigning new or used motor
vehicles |
pursuant
to a written contract. If more than one dealer is |
on the application, the
applicant shall
state in writing |
the basis of common ownership among the dealers.
|
(3) A list of the business organization's officers, |
directors, members,
and
shareholders having a 10% or |
greater ownership interest in the business,
providing the
|
residential address for each person listed.
|
(4) If selling, transferring, or assigning new motor |
vehicles, the make or
makes of
new vehicles that it will |
sell, assign, or otherwise transfer to the
contracting new |
motor
vehicle dealer listed on the application pursuant to |
paragraph (2).
|
(5) The name of each manufacturer or franchised |
|
distributor, if any, of
new
vehicles with whom the |
applicant has contracted for the sale of new vehicles
and |
a signed
statement from each manufacturer or franchised |
distributor acknowledging the
contract.
|
(6) A statement that the applicant has been approved |
for registration
under the
Retailers' Occupation Tax Act |
by the Department of Revenue. This requirement
does not
|
apply to a motor vehicle financing affiliate that is |
already licensed with the
Secretary of
State and is |
applying for a renewal of its license.
|
(7) A statement that the applicant has complied with |
the appropriate
liability
insurance requirement and a |
Certificate of Insurance that shall not expire
before
|
December 31 of the year for which the license was issued or |
renewed with a
minimum
liability coverage of $100,000 for |
the bodily injury or death of any person,
$300,000 for
the |
bodily injury or death of 2 or more persons in any one |
crash accident , and
$50,000 for
damage to property. The |
expiration of the insurance policy shall not terminate
the
|
liability under the policy arising during the period for |
which the policy was
filed. Trailer
and mobile home |
dealers are exempt from the requirements of this |
paragraph. A
motor
vehicle financing affiliate is exempt |
from the requirements of this paragraph
if it is
covered |
by the insurance policy of the new or used dealer listed on |
the
application
pursuant to paragraph (2).
|
|
(8) A license fee of $1,000 for the applicant's |
established place of
business and
$250 for each additional |
place of business, if any, to which the application
|
pertains.
However, if the application is made after June |
15 of any year, the license fee
shall be
$500 for the |
applicant's established place of business and $125 for |
each
additional place
of business, if any, to which the |
application pertains. These license fees
shall be
|
returnable only in the event that the application is |
denied by the Secretary of
State.
|
(9) A statement incorporating the requirements of |
paragraphs 8 and 9 of
subsection (b) of Section 5-101.
|
(10) Any other information concerning the business of |
the applicant as the
Secretary of State may prescribe.
|
(11) A statement that the applicant understands |
Chapter 1 through Chapter
5 of
this Code.
|
(12) The full name, address, and contact information |
of each of the dealer's agents or legal representatives |
who is an Illinois resident and liable for the performance |
of the dealership. |
(c) Any change which renders no longer accurate any |
information contained in
any
application for a motor vehicle |
financing affiliate's license shall be amended
within 30
days |
after the occurrence of the change on a form prescribed by the |
Secretary
of State,
accompanied by an amendatory fee of $2.
|
(d) If a new vehicle dealer is not listed on the |
|
application, pursuant to
paragraph (2) of
subsection (b), the |
motor vehicle financing affiliate shall not receive,
possess, |
or transfer
any new vehicle. If a new motor vehicle dealer is |
listed on the application,
pursuant to
paragraph (2) of |
subsection (b), the new motor vehicle dealer can only receive
|
those new
cars it is permitted to receive under its franchise |
agreement. If both a new
and used
motor vehicle dealer are |
listed on the application, pursuant to paragraph (2)
of |
subsection
(b), only the new motor vehicle dealer may receive |
new motor vehicles. If a
used motor
vehicle is listed on the |
application, pursuant to paragraph (2) of
subsection (b), the |
used
motor vehicle dealer shall not receive any new motor |
vehicles.
|
(e) The applicant and dealer provided pursuant to |
paragraph (2) of
subsection (b)
must be business organizations |
registered to conduct business in Illinois.
Three-fourths
of |
the dealer's board of directors must be members of the motor |
vehicle
financing
affiliate's board of directors, if |
applicable.
|
(f) Unless otherwise provided in this Chapter 5, no |
business organization
registered to
do business in Illinois |
shall be licensed as a motor vehicle financing
affiliate |
unless:
|
(1) The motor vehicle financing affiliate shall only |
sell, transfer, or
assign motor
vehicles to the licensed |
new or used dealer listed on the application pursuant
to |
|
paragraph (2) of subsection (b).
|
(2) The motor vehicle financing affiliate sells, |
transfers, or assigns to
the new
motor vehicle dealer |
listed on the application, if any, only those new motor
|
vehicles the
motor vehicle financing affiliate has |
received under the contract set forth in
paragraph (5)
of |
subsection (b).
|
(3) Any new vehicle dealer listed pursuant to |
paragraph (2) of subsection
(b) has a
franchise agreement |
that permits the dealer to receive motor vehicles from the
|
motor
vehicle franchise affiliate.
|
(4) The new or used motor vehicle dealer listed on the |
application
pursuant to
paragraph (2) of subsection (b) |
has one established place of business or
supplemental
|
places of business as referenced in subsection (g).
|
(g) The Secretary of State shall, within a reasonable time |
after receipt,
examine an
application submitted pursuant to |
this Section and, unless it is determined
that the
application |
does not conform with the requirements of this Section or that
|
grounds exist
for a denial of the application under Section |
5-501, grant the applicant a
motor vehicle
financing affiliate |
license in writing for the applicant's established place of
|
business and
a supplemental license in writing for each |
additional place of business in a
form prescribed
by the |
Secretary, which shall include all of the following:
|
(1) The name of the business licensed;
|
|
(2) The name and address of its officers, directors, |
or members, as
applicable;
|
(3) In the case of an original license, the |
established place of business
of the
licensee;
|
(4) If applicable, the make or makes of new vehicles |
which the licensee is
licensed
to sell to the new motor |
vehicle dealer listed on the application pursuant to
|
paragraph (2)
of subsection (b); and
|
(5) The full name, address, and contact information of |
each of the dealer's agents or legal representatives who |
is an Illinois resident and liable for the performance of |
the dealership. |
(h) The appropriate instrument evidencing the license or a |
certified copy,
provided by
the Secretary of State, shall be |
kept posted conspicuously in the established
place of
business |
of the licensee.
|
(i) Except as provided in subsection (h), all motor |
vehicle financing
affiliate's
licenses granted under this |
Section shall expired by operation of law on
December 31 of
the |
calendar year for which they are granted, unless revoked or |
canceled at an
earlier date
pursuant to Section 5-501.
|
(j) A motor vehicle financing affiliate's license may be |
renewed upon
application and
payment of the required fee. |
However, when an application for renewal of a
motor
vehicle |
financing affiliate's license is made during the month of |
December, the
effective
license shall remain in force until |
|
the application is granted or denied by the
Secretary of
|
State.
|
(k) The contract a motor vehicle financing affiliate has |
with a manufacturer
or
franchised distributor, as provided in |
paragraph (5) of subsection (b), shall
only permit
the |
applicant to sell, transfer, or assign new motor vehicles to |
the new motor
vehicle
dealer listed on the application |
pursuant to paragraph (2) of subsection (b).
The contract
|
shall specifically prohibit the motor vehicle financing |
affiliate from selling
motor
vehicles at retail. This contract |
shall not be considered the granting of a
franchise as
defined |
in Section 2 of the Motor Vehicle Franchise Act.
|
(l) When purchasing of a motor vehicle by a new or used |
motor vehicle
dealer, all
persons licensed as a motor vehicle |
financing affiliate are required to furnish
all of the
|
following:
|
(1) For a new vehicle, a manufacturer's statement of |
origin properly
assigned to
the purchasing dealer. For a |
used vehicle, a certificate of title properly
assigned to |
the
purchasing dealer.
|
(2) A statement verified under oath that all |
identifying numbers on the
vehicle
agree with those on the |
certificate of title or manufacturer's statement of
|
origin.
|
(3) A bill of sale properly executed on behalf of the |
purchasing dealer.
|
|
(4) A copy of the Uniform Invoice-transaction report |
pursuant to Section
5-402.
|
(5) In the case of a rebuilt vehicle, a copy of the |
Disclosure of Rebuilt
Vehicle
Status pursuant to Section |
5-104.3.
|
(6) In the case of a vehicle for which a warranty has |
been reinstated, a
copy of the
warranty.
|
(m) The motor vehicle financing affiliate shall use the |
established and
supplemental
place or places of business the |
new or used vehicle dealer listed on the
application
pursuant |
to paragraph (2) of subsection (b) as its established and |
supplemental
place or
places of business.
|
(n) The motor vehicle financing affiliate shall keep all |
books and records
required by
this Code with the books and |
records of the new or used vehicle dealer listed
on the
|
application pursuant to paragraph (2) of subsection (b). The |
motor vehicle
financing
affiliate may use the books and |
records of the new or used motor vehicle dealer
listed on
the |
application pursuant to paragraph (2) of subsection (b).
|
(o) Under no circumstances shall a motor vehicle financing |
affiliate sell,
transfer, or
assign a new vehicle to any place |
of business of a new motor vehicle dealer,
unless that
place of |
business is licensed under this Chapter to sell, assign, or |
otherwise
transfer the
make of the new motor vehicle |
transferred.
|
(p) All moneys received by the Secretary of State as |
|
license fees under this
Section
shall be deposited into the |
Motor Vehicle Review Board Fund and shall be used
to
|
administer the Motor Vehicle Review Board under the Motor |
Vehicle Franchise
Act.
|
(q) Except as otherwise provided in this Section, a motor |
vehicle financing
affiliate
shall comply with all provisions |
of this Code.
|
(r) If a licensee under this Section voluntarily |
surrenders a license to the Illinois Secretary of State Police |
or a representative of the Secretary of State Vehicle Services |
Department due to the licensee's inability to adhere to |
recordkeeping provisions, or the inability to properly issue |
certificates of title or registrations under this Code, or the |
Secretary revokes a license under this Section, then the |
licensee and the licensee's agent, designee, or legal |
representative, if applicable, may not be named on a new |
application for a licensee under this Section or under this |
Chapter, nor is the licensee or the licensee's agent, |
designee, or legal representative permitted to work for |
another licensee under this Chapter in a recordkeeping, |
management, or financial position or as an employee who |
handles certificate of title and registration documents and |
applications. |
(Source: P.A. 102-154, eff. 1-1-22 .)
|
(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
|
|
Sec. 5-102. Used vehicle dealers must be licensed.
|
(a) No person, other than a licensed new vehicle dealer, |
shall engage in
the business of selling or dealing in, on |
consignment or otherwise, 5 or
more used vehicles of any make |
during the year (except house trailers as
authorized by |
paragraph (j) of this Section and rebuilt salvage vehicles
|
sold by their rebuilders to persons licensed under this |
Chapter), or act as
an intermediary, agent or broker for any |
licensed dealer or vehicle
purchaser (other than as a |
salesperson) or represent or advertise that he
is so engaged |
or intends to so engage in such business unless licensed to
do |
so by the Secretary of State under the provisions of this |
Section.
|
(b) An application for a used vehicle dealer's license |
shall be
filed with the Secretary of State, duly verified by |
oath, in such form
as the Secretary of State may by rule or |
regulation prescribe and shall
contain:
|
1. The name and type of business organization |
established and additional
places of business, if any, in |
this State.
|
2. If the applicant is a corporation, a list of its |
officers,
directors, and shareholders having a ten percent |
or greater ownership
interest in the corporation, setting |
forth the residence address of
each; if the applicant is a |
sole proprietorship, a partnership, an
unincorporated |
association, a trust, or any similar form of business
|
|
organization, the names and residence address of the |
proprietor or of
each partner, member, officer, director, |
trustee , or manager.
|
3. A statement that the applicant has been approved |
for registration
under the Retailers' Occupation Tax Act |
by the Department of Revenue. However,
this requirement |
does not apply to a dealer who is already licensed
|
hereunder with the Secretary of State, and who is merely |
applying for a
renewal of his license. As evidence of this |
fact, the application shall be
accompanied by a |
certification from the Department of Revenue showing that
|
the Department has approved the applicant for registration |
under the
Retailers' Occupation Tax Act.
|
4. A statement that the applicant has complied with |
the appropriate
liability insurance requirement. A |
Certificate of Insurance in a solvent
company authorized |
to do business in the State of Illinois shall be included
|
with each application covering each location at which he |
proposes to act
as a used vehicle dealer. The policy must |
provide liability coverage in
the minimum amounts of |
$100,000 for bodily injury to, or death of, any person,
|
$300,000 for bodily injury to, or death of, two or more |
persons in any one crash
accident , and $50,000 for damage |
to property. Such policy shall expire
not sooner than |
December 31 of the year for which the license was issued
or |
renewed. The expiration of the insurance policy shall not |
|
terminate
the liability under the policy arising during |
the period for which the policy
was filed. Trailer and |
mobile home dealers are exempt from this requirement.
|
If the permitted user has a liability insurance policy |
that provides
automobile
liability insurance coverage of |
at least $100,000 for bodily injury to or the
death of any
|
person, $300,000 for bodily injury to or the death of any 2 |
or more persons in
any one crash
accident , and $50,000 for |
damage to property,
then the permitted user's insurer |
shall be the primary
insurer and the
dealer's insurer |
shall be the secondary insurer. If the permitted user does |
not
have a liability
insurance policy that provides |
automobile liability insurance coverage of at
least
|
$100,000 for bodily injury to or the death of any person, |
$300,000 for bodily
injury to or
the death of any 2 or more |
persons in any one crash accident , and $50,000 for damage
|
to
property, or does not have any insurance at all,
then |
the
dealer's
insurer shall be the primary insurer and the |
permitted user's insurer shall be
the secondary
insurer.
|
When a permitted user is "test driving" a used vehicle |
dealer's automobile,
the used vehicle dealer's insurance |
shall be primary and the permitted user's
insurance shall |
be secondary.
|
As used in this paragraph 4, a "permitted user" is a |
person who, with the
permission of the used vehicle dealer |
or an employee of the used vehicle
dealer, drives a |
|
vehicle owned and held for sale or lease by the used |
vehicle
dealer which the person is considering to purchase |
or lease, in order to
evaluate the performance, |
reliability, or condition of the vehicle.
The term |
"permitted user" also includes a person who, with the |
permission of
the used
vehicle dealer, drives a vehicle |
owned or held for sale or lease by the used
vehicle dealer
|
for loaner purposes while the user's vehicle is being |
repaired or evaluated.
|
As used in this paragraph 4, "test driving" occurs |
when a permitted user
who,
with the permission of the used |
vehicle dealer or an employee of the used
vehicle
dealer, |
drives a vehicle owned and held for sale or lease by a used |
vehicle
dealer that the person is considering to purchase |
or lease, in order to
evaluate the performance, |
reliability, or condition of the
vehicle.
|
As used in this paragraph 4, "loaner purposes" means |
when a person who,
with the permission of the used vehicle |
dealer, drives a vehicle owned or held
for sale or lease by |
the used vehicle dealer while the
user's vehicle is being |
repaired or evaluated.
|
5. An application for a used vehicle dealer's license |
shall be
accompanied by the following license fees:
|
(A) $1,000 for applicant's established place of |
business, and
$50 for
each additional place of |
business, if any, to which the application
pertains; |
|
however, if the application is made after June 15 of |
any
year, the license fee shall be $500 for |
applicant's established
place of
business plus $25 for |
each additional place of business, if any,
to
which |
the application pertains. License fees shall be |
returnable only in
the event that the application is |
denied by
the Secretary of State. Of the money |
received by the Secretary of State as
license fees |
under this subparagraph (A) for the 2004 licensing |
year and thereafter, 95%
shall be deposited into the |
General Revenue Fund.
|
(B) Except for dealers selling 25 or fewer |
automobiles or as provided in subsection (h) of |
Section 5-102.7 of this Code, an Annual Dealer |
Recovery Fund Fee in the amount of $500 for the |
applicant's established place of business, and $50 for |
each additional place of business, if any, to which |
the application pertains; but if the application is |
made after June 15 of any year, the fee shall be $250 |
for the applicant's established place of business plus |
$25 for each additional place of business, if any, to |
which the application pertains. For a license renewal |
application, the fee shall be based on the amount of |
automobiles sold in the past year according to the |
following formula: |
(1) $0 for dealers selling 25 or less |
|
automobiles; |
(2) $150 for dealers selling more than 25 but |
less than 200 automobiles; |
(3) $300 for dealers selling 200 or more |
automobiles but less than 300 automobiles; and |
(4) $500 for dealers selling 300 or more |
automobiles. |
License fees shall be returnable only in the event |
that the application is denied by the Secretary of |
State. Moneys received under this subparagraph (B) |
shall be deposited into the Dealer Recovery Trust |
Fund. |
6. A statement that the applicant's officers, |
directors, shareholders
having a 10% or greater ownership |
interest therein, proprietor, partner,
member, officer, |
director, trustee, manager , or other principals in the
|
business have not committed in the past 3 years any one |
violation as
determined in any civil, criminal , or |
administrative proceedings of any one
of the following |
Acts:
|
(A) The Anti-Theft Laws of the Illinois Vehicle |
Code;
|
(B) The Certificate of Title Laws of the Illinois |
Vehicle Code;
|
(C) The Offenses against Registration and |
Certificates of Title
Laws of the Illinois Vehicle |
|
Code;
|
(D) The Dealers, Transporters, Wreckers and |
Rebuilders Laws of the
Illinois Vehicle Code;
|
(E) Section 21-2 of the Illinois Criminal Code of |
1961 or the Criminal Code of 2012, Criminal
Trespass |
to Vehicles; or
|
(F) The Retailers' Occupation Tax Act.
|
7. A statement that the applicant's officers, |
directors,
shareholders having a 10% or greater ownership |
interest therein,
proprietor, partner, member, officer, |
director, trustee, manager , or
other principals in the |
business have not committed in any calendar year
3 or more |
violations, as determined in any civil , or criminal , or
|
administrative proceedings, of any one or more of the |
following Acts:
|
(A) The Consumer Finance Act;
|
(B) The Consumer Installment Loan Act;
|
(C) The Retail Installment Sales Act;
|
(D) The Motor Vehicle Retail Installment Sales |
Act;
|
(E) The Interest Act;
|
(F) The Illinois Wage Assignment Act;
|
(G) Part 8 of Article XII of the Code of Civil |
Procedure; or
|
(H) The Consumer Fraud and Deceptive Business |
Practices Act.
|
|
7.5. A statement that, within 10 years of application,
|
each officer, director, shareholder having a
10% or |
greater ownership interest therein, proprietor,
partner, |
member, officer, director, trustee, manager, or
other |
principal in the business of the applicant has not |
committed, as determined
in any civil, criminal, or |
administrative proceeding, in
any calendar year one or |
more
forcible felonies under the Criminal Code of 1961 or |
the
Criminal Code of 2012, or a violation of either or both |
Article 16 or 17 of the Criminal Code of 1961 or a |
violation of either or both Article 16 or 17 of the |
Criminal Code of 2012, Article 29B of the Criminal Code of |
1961 or the Criminal Code of 2012, or a similar |
out-of-state offense.
For the purposes of this paragraph, |
"forcible felony" has
the meaning provided in Section 2-8 |
of the Criminal Code
of 2012. |
8. A bond or Certificate of Deposit in the amount of |
$50,000 for
each location at which the applicant intends |
to act as a used vehicle
dealer. The bond shall be for the |
term of the license, or its renewal, for
which application |
is made, and shall expire not sooner than December 31 of
|
the year for which the license was issued or renewed. The |
bond shall run
to the People of the State of Illinois, with |
surety by a bonding or
insurance company authorized to do |
business in this State. It shall be
conditioned upon the |
proper transmittal of all title and registration fees
and |
|
taxes (excluding taxes under the Retailers' Occupation Tax |
Act) accepted
by the applicant as a used vehicle dealer.
|
9. Such other information concerning the business of |
the applicant as
the Secretary of State may by rule or |
regulation prescribe.
|
10. A statement that the applicant understands Chapter |
1 through
Chapter 5 of this Code.
|
11. A copy of the certification from the prelicensing |
education
program. |
12. The full name, address, and contact information of |
each of the dealer's agents or legal representatives who |
is an Illinois resident and liable for the performance of |
the dealership. |
(c) Any change which renders no longer accurate any |
information
contained in any application for a used vehicle |
dealer's license shall
be amended within 30 days after the |
occurrence of each change on such
form as the Secretary of |
State may prescribe by rule or regulation,
accompanied by an |
amendatory fee of $2.
|
(d) Anything in this Chapter to the contrary |
notwithstanding, no
person shall be licensed as a used vehicle |
dealer unless such person
maintains an established place of |
business as
defined in this Chapter.
|
(e) The Secretary of State shall, within a reasonable time |
after
receipt, examine an application submitted to him under |
this Section.
Unless the Secretary makes a determination that |
|
the application
submitted to him does not conform to this |
Section or that grounds exist
for a denial of the application |
under Section 5-501 of this Chapter, he
must grant the |
applicant an original used vehicle dealer's license in
writing |
for his established place of business and a supplemental |
license
in writing for each additional place of business in |
such form as he may
prescribe by rule or regulation which shall |
include the following:
|
1. The name of the person licensed;
|
2. If a corporation, the name and address of its |
officers or if a
sole proprietorship, a partnership, an |
unincorporated association or any
similar form of business |
organization, the name and address of the
proprietor or of |
each partner, member, officer, director, trustee , or
|
manager;
|
3. In case of an original license, the established |
place of business
of the licensee;
|
4. In the case of a supplemental license, the |
established place of
business of the licensee and the |
additional place of business to which such
supplemental |
license pertains;
|
5. The full name, address, and contact information of |
each of the dealer's agents or legal representatives who |
is an Illinois resident and liable for the performance of |
the dealership. |
(f) The appropriate instrument evidencing the license or a |
|
certified
copy thereof, provided by the Secretary of State |
shall be kept posted,
conspicuously, in the established place |
of business of the licensee and
in each additional place of |
business, if any, maintained by such
licensee.
|
(g) Except as provided in subsection (h) of this Section, |
all used
vehicle dealer's licenses granted under this Section |
expire by operation
of law on December 31 of the calendar year |
for which they are granted
unless sooner revoked or cancelled |
under Section 5-501 of this Chapter.
|
(h) A used vehicle dealer's license may be renewed upon |
application
and payment of the fee required herein, and |
submission of proof of
coverage by an approved bond under the |
" Retailers' Occupation Tax Act "
or proof that applicant is not |
subject to such bonding requirements, as
in the case of an |
original license, but in case an application for the
renewal |
of an effective license is made during the month of December,
|
the effective license shall remain in force until the |
application for
renewal is granted or denied by the Secretary |
of State.
|
(i) All persons licensed as a used vehicle dealer are |
required to
furnish each purchaser of a motor vehicle:
|
1. A certificate of title properly assigned to the |
purchaser;
|
2. A statement verified under oath that all |
identifying numbers on
the vehicle agree with those on the |
certificate of title;
|
|
3. A bill of sale properly executed on behalf of such |
person;
|
4. A copy of the Uniform Invoice-transaction reporting |
return
referred to in Section 5-402 of this Chapter;
|
5. In the case of a rebuilt vehicle, a copy of the |
Disclosure of Rebuilt
Vehicle Status; and
|
6. In the case of a vehicle for which the warranty has |
been reinstated, a
copy of the warranty.
|
(j) A real estate broker holding a valid certificate of |
registration issued
pursuant to "The Real Estate Brokers and |
Salesmen License Act" may engage
in the business of selling or |
dealing in house trailers not his own without
being licensed |
as a used vehicle dealer under this Section; however such
|
broker shall maintain a record of the transaction including |
the following:
|
(1) the name and address of the buyer and seller,
|
(2) the date of sale,
|
(3) a description of the mobile home, including the |
vehicle identification
number, make, model, and year, and
|
(4) the Illinois certificate of title number.
|
The foregoing records shall be available for inspection by |
any officer
of the Secretary of State's Office at any |
reasonable hour.
|
(k) Except at the time of sale or repossession of the |
vehicle, no
person licensed as a used vehicle dealer may issue |
any other person a newly
created key to a vehicle unless the |
|
used vehicle dealer makes a color photocopy or electronic scan |
of the
driver's license or State identification card of the |
person requesting or
obtaining the newly created key. The used |
vehicle dealer must retain the photocopy or scan
for 30 days.
|
A used vehicle dealer who violates this subsection (k) is |
guilty of a
petty offense. Violation of this subsection (k) is |
not cause to suspend,
revoke, cancel, or deny renewal of the |
used vehicle dealer's license. |
(l) Used vehicle dealers licensed under this Section shall |
provide the Secretary of State a register for the sale at |
auction of each salvage or junk certificate vehicle. Each |
register shall include the following information: |
1. The year, make, model, style , and color of the |
vehicle; |
2. The vehicle's manufacturer's identification number |
or, if applicable, the Secretary of State or Illinois |
State Police identification number; |
3. The date of acquisition of the vehicle; |
4. The name and address of the person from whom the |
vehicle was acquired; |
5. The name and address of the person to whom any |
vehicle was disposed, the person's Illinois license number |
or if the person is an out-of-state salvage vehicle buyer, |
the license number from the state or jurisdiction where |
the buyer is licensed; and |
6. The purchase price of the vehicle. |
|
The register shall be submitted to the Secretary of State |
via written or electronic means within 10 calendar days from |
the date of the auction.
|
(m) If a licensee under this Section voluntarily |
surrenders a license to the Illinois Secretary of State Police |
or a representative of the Secretary of State Vehicle Services |
Department due to the licensee's inability to adhere to |
recordkeeping provisions, or the inability to properly issue |
certificates of title or registrations under this Code, or the |
Secretary revokes a license under this Section, then the |
licensee and the licensee's agent, designee, or legal |
representative, if applicable, may not be named on a new |
application for a licensee under this Section or under this |
Chapter, nor is the licensee or the licensee's agent, |
designee, or legal representative permitted to work for |
another licensee under this Chapter in a recordkeeping, |
management, or financial position or as an employee who |
handles certificate of title and registration documents and |
applications. |
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; |
102-538, eff. 8-20-21; revised 10-15-21.)
|
(625 ILCS 5/5-102.8) |
Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle |
dealers. |
(a) As used in this Section, "Buy Here, Pay Here used |
|
vehicle dealer" means any entity that engages in the business |
of selling or leasing of vehicles and finances the sale or |
purchase price of the vehicle to a customer without the |
customer using a third-party lender. |
(b) No person shall engage in
the business of selling or |
dealing in, on consignment or otherwise, 5 or
more used |
vehicles of any make during the year (except rebuilt salvage |
vehicles
sold by their rebuilders to persons licensed under |
this Chapter), or act as
an intermediary, agent, or broker for |
any licensed dealer or vehicle
purchaser (other than as a |
salesperson) or represent or advertise that he or she
is so |
engaged or intends to so engage in such business of a Buy Here, |
Pay Here used vehicle dealer unless licensed to
do so by the |
Secretary of State under the provisions of this Section.
|
(c) An application for a Buy Here, Pay Here used vehicle |
dealer's license shall be
filed with the Secretary of State, |
duly verified by oath, in such form
as the Secretary of State |
may by rule or regulation prescribe and shall
contain:
|
(1) The name and type of business organization |
established and additional
places of business, if any, in |
this State.
|
(2) If the applicant is a corporation, a list of its |
officers,
directors, and shareholders having a 10% or |
greater ownership
interest in the corporation, setting |
forth the residence address of
each; if the applicant is a |
sole proprietorship, a partnership, an
unincorporated |
|
association, a trust, or any similar form of business
|
organization, the names and residence address of the |
proprietor or of
each partner, member, officer, director, |
trustee, or manager.
|
(3) A statement that the applicant has been approved |
for registration
under the Retailers' Occupation Tax Act |
by the Department of Revenue. However,
this requirement |
does not apply to a dealer who is already licensed
|
hereunder with the Secretary of State, and who is merely |
applying for a
renewal of his or her license. As evidence |
of this fact, the application shall be
accompanied by a |
certification from the Department of Revenue showing that
|
the Department has approved the applicant for registration |
under the
Retailers' Occupation Tax Act. |
(4) A statement that the applicant has complied with |
the appropriate
liability insurance requirement. A |
Certificate of Insurance in a solvent
company authorized |
to do business in the State of Illinois shall be included
|
with each application covering each location at which he |
or she proposes to act
as a Buy Here, Pay Here used vehicle |
dealer. The policy must provide liability coverage in
the |
minimum amounts of $100,000 for bodily injury to, or death |
of, any person,
$300,000 for bodily injury to, or death |
of, 2 or more persons in any one crash
accident , and |
$50,000 for damage to property. Such policy shall expire
|
not sooner than December 31 of the year for which the |
|
license was issued
or renewed. The expiration of the |
insurance policy shall not terminate
the liability under |
the policy arising during the period for which the policy
|
was filed.
|
If the permitted user has a liability insurance policy |
that provides
automobile
liability insurance coverage of |
at least $100,000 for bodily injury to or the
death of any
|
person, $300,000 for bodily injury to or the death of any 2 |
or more persons in
any one crash
accident , and $50,000 for |
damage to property,
then the permitted user's insurer |
shall be the primary
insurer and the
dealer's insurer |
shall be the secondary insurer. If the permitted user does |
not
have a liability
insurance policy that provides |
automobile liability insurance coverage of at
least
|
$100,000 for bodily injury to or the death of any person, |
$300,000 for bodily
injury to or
the death of any 2 or more |
persons in any one crash accident , and $50,000 for damage
|
to
property, or does not have any insurance at all,
then |
the
dealer's
insurer shall be the primary insurer and the |
permitted user's insurer shall be
the secondary
insurer. |
When a permitted user is "test driving" a Buy Here, |
Pay Here used vehicle dealer's automobile,
the Buy Here, |
Pay Here used vehicle dealer's insurance shall be primary |
and the permitted user's
insurance shall be secondary.
|
As used in this paragraph, "permitted user" means a |
person who, with the
permission of the Buy Here, Pay Here |
|
used vehicle dealer or an employee of the Buy Here, Pay |
Here used vehicle
dealer, drives a vehicle owned and held |
for sale or lease by the Buy Here, Pay Here used vehicle
|
dealer that the person is considering to purchase or |
lease, in order to
evaluate the performance, reliability, |
or condition of the vehicle.
"Permitted user" includes a |
person who, with the permission of
the Buy Here, Pay Here |
used
vehicle dealer, drives a vehicle owned or held for |
sale or lease by the Buy Here, Pay Here used
vehicle dealer
|
for loaner purposes while the user's vehicle is being |
repaired or evaluated.
|
As used in this paragraph, "test driving" occurs when |
a permitted user
who,
with the permission of the Buy Here, |
Pay Here used vehicle dealer or an employee of the Buy |
Here, Pay Here used
vehicle
dealer, drives a vehicle owned |
and held for sale or lease by a Buy Here, Pay Here used |
vehicle
dealer that the person is considering to purchase |
or lease, in order to
evaluate the performance, |
reliability, or condition of the
vehicle.
|
As used in this paragraph, "loaner purposes" means |
when a person who,
with the permission of the Buy Here, Pay |
Here used vehicle dealer, drives a vehicle owned or held
|
for sale or lease by the used vehicle dealer while the
|
user's vehicle is being repaired or evaluated.
|
(5) An application for a Buy Here, Pay Here used |
vehicle dealer's license shall be
accompanied by the |
|
following license fees:
|
(A) $1,000 for the applicant's established place |
of business, and
$50 for
each additional place of |
business, if any, to which the application
pertains; |
however, if the application is made after June 15 of |
any
year, the license fee shall be $500 for the |
applicant's established
place of
business plus $25 for |
each additional place of business, if any,
to
which |
the application pertains. License fees shall be |
returnable only if the application is denied by
the |
Secretary of State. Of the money received by the |
Secretary of State as
license fees under this |
subparagraph, 95%
shall be deposited into the General |
Revenue Fund. |
(B) Except for dealers selling 25 or fewer |
automobiles or as provided in subsection (h) of |
Section 5-102.7 of this Code, an Annual Dealer |
Recovery Fund Fee in the amount of $500 for the |
applicant's established place of business, and $50 for |
each additional place of business, if any, to which |
the application pertains; but if the application is |
made after June 15 of any year, the fee shall be $250 |
for the applicant's established place of business plus |
$25 for each additional place of business, if any, to |
which the application pertains. For a license renewal |
application, the fee shall be based on the amount of |
|
automobiles sold in the past year according to the |
following formula: |
(1) $0 for dealers selling 25 or less |
automobiles; |
(2) $150 for dealers selling more than 25 but |
less than 200 automobiles; |
(3) $300 for dealers selling 200 or more |
automobiles but less than 300 automobiles; and |
(4) $500 for dealers selling 300 or more |
automobiles. |
Fees shall be returnable only if the application |
is denied by the Secretary of State. Money received |
under this subparagraph shall be deposited into the |
Dealer Recovery Trust Fund. A Buy Here, Pay Here used |
vehicle dealer shall pay into the Dealer Recovery |
Trust Fund for every vehicle that is financed, sold, |
or otherwise transferred to an individual or entity |
other than the Buy Here, Pay Here used vehicle dealer |
even if the individual or entity to which the Buy Here, |
Pay Here used vehicle dealer transfers the vehicle is |
unable to continue to adhere to the terms of the |
transaction by the Buy Here, Pay Here used vehicle |
dealer. |
(6) A statement that each officer, director, |
shareholder
having a 10% or greater ownership interest |
therein, proprietor, partner,
member, officer, director, |
|
trustee, manager, or other principal in the
business of |
the applicant has not committed in the past 3 years any one |
violation as
determined in any civil, criminal, or |
administrative proceedings of any one
of the following:
|
(A) the Anti-Theft Laws of this Code;
|
(B) the Certificate of Title Laws of this Code;
|
(C) the Offenses against Registration and |
Certificates of Title
Laws of this Code;
|
(D) the Dealers, Transporters, Wreckers and |
Rebuilders Laws of this
Code;
|
(E) Section 21-2 of the Illinois Criminal Code of |
1961 or the Criminal Code of 2012, Criminal
Trespass |
to Vehicles; or
|
(F) the Retailers' Occupation Tax Act. |
(7) A statement that each officer, director,
|
shareholder having a 10% or greater ownership interest |
therein,
proprietor, partner, member, officer, director, |
trustee, manager, or
other principal in the business of |
the applicant has not committed in any calendar year
3 or |
more violations, as determined in any civil, criminal, or
|
administrative proceedings, of any one or more of the |
following:
|
(A) the Consumer Finance Act;
|
(B) the Consumer Installment Loan Act;
|
(C) the Retail Installment Sales Act;
|
(D) the Motor Vehicle Retail Installment Sales |
|
Act;
|
(E) the Interest Act;
|
(F) the Illinois Wage Assignment Act;
|
(G) Part 8 of Article XII of the Code of Civil |
Procedure; or
|
(H) the Consumer Fraud and Deceptive Business |
Practices Act.
|
(8) A statement that, within 10 years of application,
|
each officer, director, shareholder having a
10% or |
greater ownership interest therein, proprietor,
partner, |
member, officer, director, trustee, manager, or
other |
principal in the business of the applicant has not |
committed, as determined
in any civil, criminal, or |
administrative proceeding, in
any calendar year one or |
more
forcible felonies under the Criminal Code of 1961 or |
the
Criminal Code of 2012, or a violation of either or both |
Article 16 or 17 of the Criminal Code of 1961, or a |
violation of either or both Article 16 or 17 of the |
Criminal Code of 2012, Article 29B of the Criminal Code of |
1961 or the Criminal Code of 2012, or a similar |
out-of-state offense.
For the purposes of this paragraph, |
"forcible felony" has
the meaning provided in Section 2-8 |
of the Criminal Code
of 2012. |
(9) A bond or Certificate of Deposit in the amount of |
$50,000 for
each location at which the applicant intends |
to act as a Buy Here, Pay Here used vehicle dealer. The |
|
bond shall be for the term of the license. The bond shall |
run
to the People of the State of Illinois, with surety by |
a bonding or
insurance company authorized to do business |
in this State. It shall be
conditioned upon the proper |
transmittal of all title and registration fees
and taxes |
(excluding taxes under the Retailers' Occupation Tax Act) |
accepted
by the applicant as a Buy Here, Pay Here used |
vehicle dealer. |
(10) Such other information concerning the business of |
the applicant as
the Secretary of State may by rule |
prescribe.
|
(11) A statement that the applicant understands |
Chapter 1 through
Chapter 5 of this Code.
|
(12) A copy of the certification from the prelicensing |
education
program. |
(13) The full name, address, and contact information |
of each of the dealer's agents or legal representatives |
who is an Illinois resident and liable for the performance |
of the dealership. |
(d) Any change that renders no longer accurate any |
information
contained in any application for a Buy Here, Pay |
Here used vehicle dealer's license shall
be amended within 30 |
days after the occurrence of each change on such
form as the |
Secretary of State may prescribe by rule,
accompanied by an |
amendatory fee of $2.
|
(e) Anything in this Chapter to the contrary |
|
notwithstanding, no
person shall be licensed as a Buy Here, |
Pay Here used vehicle dealer unless the person
maintains an |
established place of business as
defined in this Chapter.
|
(f) The Secretary of State shall, within a reasonable time |
after
receipt, examine an application submitted under this |
Section.
Unless the Secretary makes a determination that the |
application does not conform to this Section or that grounds |
exist
for a denial of the application under Section 5-501 of |
this Chapter, the Secretary
must grant the applicant an |
original Buy Here, Pay Here used vehicle dealer's license in
|
writing for his or her established place of business and a |
supplemental license
in writing for each additional place of |
business in such form as the Secretary may
prescribe by rule |
that shall include the following:
|
(1) The name of the person licensed.
|
(2) If a corporation, the name and address of its |
officers or if a
sole proprietorship, a partnership, an |
unincorporated association, or any
similar form of |
business organization, the name and address of the
|
proprietor or of each partner, member, officer, director, |
trustee, or
manager.
|
(3) In the case of an original license, the |
established place of business
of the licensee.
|
(4) In the case of a supplemental license, the |
established place of
business of the licensee and the |
additional place of business to which the
supplemental |
|
license pertains. |
(5) The full name, address, and contact information of |
each of the dealer's agents or legal representatives who |
is an Illinois resident and liable for the performance of |
the dealership. |
(g) The appropriate instrument evidencing the license or a |
certified
copy thereof, provided by the Secretary of State |
shall be kept posted,
conspicuously, in the established place |
of business of the licensee and
in each additional place of |
business, if any, maintained by the
licensee.
|
(h) Except as provided in subsection (i), all Buy Here, |
Pay Here used
vehicle dealer's licenses granted under this |
Section expire by operation
of law on December 31 of the |
calendar year for which they are granted
unless sooner revoked |
or cancelled under Section 5-501 of this Chapter.
|
(i) A Buy Here, Pay Here used vehicle dealer's license may |
be renewed upon application
and payment of the fee required |
herein, and submission of proof of
coverage by an approved |
bond under the Retailers' Occupation Tax Act
or proof that the |
applicant is not subject to such bonding requirements, as
in |
the case of an original license, but in the case of an |
application for the
renewal of an effective license made |
during the month of December,
the effective license shall |
remain in force until the application for
renewal is granted |
or denied by the Secretary of State.
|
(j) Each person licensed as a Buy Here, Pay Here used |
|
vehicle dealer is required to
furnish each purchaser of a |
motor vehicle:
|
(1) a certificate of title properly assigned to the |
purchaser;
|
(2) a statement verified under oath that all |
identifying numbers on
the vehicle agree with those on the |
certificate of title;
|
(3) a bill of sale properly executed on behalf of the |
person;
|
(4) a copy of the Uniform Invoice-transaction |
reporting return
referred to in Section 5-402;
|
(5) in the case of a rebuilt vehicle, a copy of the |
Disclosure of Rebuilt
Vehicle Status; and
|
(6) in the case of a vehicle for which the warranty has |
been reinstated, a
copy of the warranty.
|
(k) Except at the time of sale or repossession of the |
vehicle, no
person licensed as a Buy Here, Pay Here used |
vehicle dealer may issue any other person a newly
created key |
to a vehicle unless the Buy Here, Pay Here used vehicle dealer |
makes a color photocopy or electronic scan of the
driver's |
license or State identification card of the person requesting |
or
obtaining the newly created key. The Buy Here, Pay Here used |
vehicle dealer must retain the photocopy or scan
for 30 days. |
A Buy Here, Pay Here used vehicle dealer who violates this |
subsection (k) is guilty of a
petty offense. Violation of this |
subsection (k) is not cause to suspend,
revoke, cancel, or |
|
deny renewal of the used vehicle dealer's license. |
(l) A Buy Here, Pay Here used vehicle dealer licensed |
under this Section shall provide the Secretary of State a |
register for the sale at auction of each salvage or junk |
certificate vehicle. Each register shall include the following |
information: |
(1) the year, make, model, style, and color of the |
vehicle; |
(2) the vehicle's manufacturer's identification number |
or, if applicable, the Secretary of State or Illinois |
Department of State Police identification number; |
(3) the date of acquisition of the vehicle; |
(4) the name and address of the person from whom the |
vehicle was acquired; |
(5) the name and address of the person to whom any |
vehicle was disposed, the person's Illinois license number |
or, if the person is an out-of-state salvage vehicle |
buyer, the license number from the state or jurisdiction |
where the buyer is licensed; and |
(6) the purchase price of the vehicle. |
The register shall be submitted to the Secretary of State |
via written or electronic means within 10 calendar days from |
the date of the auction. |
(m) If a licensee under this Section voluntarily |
surrenders a license to the Illinois Secretary of State Police |
or a representative of the Secretary of State Vehicle Services |
|
Department due to the licensee's inability to adhere to |
recordkeeping provisions, or the inability to properly issue |
certificates of title or registrations under this Code, or the |
Secretary revokes a license under this Section, then the |
licensee and the licensee's agent, designee, or legal |
representative, if applicable, may not be named on a new |
application for a licensee under this Section or under this |
Chapter, nor is the licensee or the licensee's agent, |
designee, or legal representative permitted to work for |
another licensee under this Chapter in a recordkeeping, |
management, or financial position or as an employee who |
handles certificate of title and registration documents and |
applications.
|
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22 .)
|
(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
|
Sec. 6-101. Drivers must have licenses or permits.
|
(a) No person, except those expressly exempted by Section |
6-102, shall
drive any motor vehicle upon a highway in this |
State unless such person has
a valid license or permit, or a |
restricted driving permit, issued under the
provisions of this |
Act.
|
(b) No person shall drive a motor vehicle unless he holds a |
valid
license or permit, or a restricted driving permit issued |
under the
provisions of Section 6-205, 6-206, or 6-113 of this |
Act. Any person to
whom a license is issued under the |
|
provisions of this Act must surrender to
the Secretary of |
State all valid licenses or permits, except that an applicant |
for a non-domiciled commercial learner's permit or commercial |
driver's license shall not be required to surrender a license |
or permit issued by the applicant's state or country of |
domicile. No drivers license or instruction permit
shall be |
issued to any person who holds a valid Foreign State license,
|
identification card, or permit
unless such person first |
surrenders to the Secretary of State any such
valid Foreign |
State license,
identification card, or permit.
|
(b-5) Any person who commits a violation of subsection (a) |
or (b) of this Section is guilty of a Class A misdemeanor, if |
at the time of the violation the person's driver's license or |
permit was cancelled under clause (a)9 of Section 6-201 of |
this Code.
|
(c) Any person licensed as a driver hereunder shall not be |
required by
any city, village, incorporated town or other |
municipal corporation to
obtain any other license to exercise |
the privilege thereby granted.
|
(d) In addition to other penalties imposed under this |
Section, any person
in violation of this Section who is also in |
violation of Section 7-601 of this
Code relating to mandatory |
insurance requirements shall have his or her motor
vehicle |
immediately impounded by the arresting law enforcement |
officer. The
motor vehicle may be released to any licensed |
driver upon a showing of proof of
insurance for the motor |
|
vehicle that was impounded and the notarized written
consent |
for the release by the vehicle owner.
|
(e) In addition to other penalties imposed under this |
Section, the
vehicle
of any person
in violation of this |
Section who is also in violation of Section 7-601 of this
Code |
relating to mandatory insurance requirements and who, in |
violating this
Section, has caused death or personal injury to |
another person is subject to
forfeiture under
Sections 36-1 |
and 36-2 of the Criminal Code of 2012.
For the purposes of this |
Section, a personal injury shall include
any type A injury as |
indicated on the traffic crash accident report completed
by a |
law enforcement officer that requires immediate professional |
attention
in either a doctor's office or a medical facility. A |
type A injury shall
include severely bleeding wounds, |
distorted extremities, and injuries that
require the injured |
party to be carried from the scene.
|
(Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13; |
98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. |
99-414 for the effective date of changes made by P.A. |
98-176).)
|
(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
|
Sec. 6-106.1. School bus driver permit.
|
(a) The Secretary of State shall issue a school bus driver
|
permit to those applicants who have met all the requirements |
of the
application and screening process under this Section to |
|
insure the
welfare and safety of children who are transported |
on school buses
throughout the State of Illinois. Applicants |
shall obtain the
proper application required by the Secretary |
of State from their
prospective or current employer and submit |
the completed
application to the prospective or current |
employer along
with the necessary fingerprint submission as |
required by the Illinois
State Police to conduct fingerprint |
based criminal background
checks on current and future |
information available in the state
system and current |
information available through the Federal Bureau
of |
Investigation's system. Applicants who have completed the
|
fingerprinting requirements shall not be subjected to the
|
fingerprinting process when applying for subsequent permits or
|
submitting proof of successful completion of the annual |
refresher
course. Individuals who on July 1, 1995 (the |
effective date of Public Act 88-612) possess a valid
school |
bus driver permit that has been previously issued by the |
appropriate
Regional School Superintendent are not subject to |
the fingerprinting
provisions of this Section as long as the |
permit remains valid and does not
lapse. The applicant shall |
be required to pay all related
application and fingerprinting |
fees as established by rule
including, but not limited to, the |
amounts established by the Illinois
State Police and the |
Federal Bureau of Investigation to process
fingerprint based |
criminal background investigations. All fees paid for
|
fingerprint processing services under this Section shall be |
|
deposited into the
State Police Services Fund for the cost |
incurred in processing the fingerprint
based criminal |
background investigations. All other fees paid under this
|
Section shall be deposited into the Road
Fund for the purpose |
of defraying the costs of the Secretary of State in
|
administering this Section. All applicants must:
|
1. be 21 years of age or older;
|
2. possess a valid and properly classified driver's |
license
issued by the Secretary of State;
|
3. possess a valid driver's license, which has not |
been
revoked, suspended, or canceled for 3 years |
immediately prior to
the date of application, or have not |
had his or her commercial motor vehicle
driving privileges
|
disqualified within the 3 years immediately prior to the |
date of application;
|
4. successfully pass a written test, administered by |
the
Secretary of State, on school bus operation, school |
bus safety, and
special traffic laws relating to school |
buses and submit to a review
of the applicant's driving |
habits by the Secretary of State at the time the
written |
test is given;
|
5. demonstrate ability to exercise reasonable care in |
the operation of
school buses in accordance with rules |
promulgated by the Secretary of State;
|
6. demonstrate physical fitness to operate school |
buses by
submitting the results of a medical examination, |
|
including tests for drug
use for each applicant not |
subject to such testing pursuant to
federal law, conducted |
by a licensed physician, a licensed advanced practice |
registered nurse, or a licensed physician assistant
within |
90 days of the date
of application according to standards |
promulgated by the Secretary of State;
|
7. affirm under penalties of perjury that he or she |
has not made a
false statement or knowingly concealed a |
material fact
in any application for permit;
|
8. have completed an initial classroom course, |
including first aid
procedures, in school bus driver |
safety as promulgated by the Secretary of
State; and after |
satisfactory completion of said initial course an annual
|
refresher course; such courses and the agency or |
organization conducting such
courses shall be approved by |
the Secretary of State; failure to
complete the annual |
refresher course, shall result in
cancellation of the |
permit until such course is completed;
|
9. not have been under an order of court supervision |
for or convicted of 2 or more serious traffic offenses, as
|
defined by rule, within one year prior to the date of |
application that may
endanger the life or safety of any of |
the driver's passengers within the
duration of the permit |
period;
|
10. not have been under an order of court supervision |
for or convicted of reckless driving, aggravated reckless |
|
driving, driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or |
any combination thereof, or reckless homicide resulting |
from the operation of a motor
vehicle within 3 years of the |
date of application;
|
11. not have been convicted of committing or |
attempting
to commit any
one or more of the following |
offenses: (i) those offenses defined in
Sections 8-1, |
8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, |
10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, |
11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, |
11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, |
11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
|
11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, |
11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, |
12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
|
12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, |
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, |
12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, |
12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
|
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, |
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, |
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
|
33A-2, and 33D-1, in subsection (A), clauses (a) and (b), |
of Section 24-3, and those offenses contained in Article |
|
29D of the Criminal Code of 1961 or the Criminal Code of |
2012; (ii) those offenses defined in the
Cannabis Control |
Act except those offenses defined in subsections (a) and
|
(b) of Section 4, and subsection (a) of Section 5 of the |
Cannabis Control
Act; (iii) those offenses defined in the |
Illinois Controlled Substances
Act; (iv) those offenses |
defined in the Methamphetamine Control and Community |
Protection Act; and (v) any offense committed or attempted |
in any other state or against
the laws of the United |
States, which if committed or attempted in this
State |
would be punishable as one or more of the foregoing |
offenses; (vi)
the offenses defined in Section 4.1 and 5.1 |
of the Wrongs to Children Act or Section 11-9.1A of the |
Criminal Code of 1961 or the Criminal Code of 2012; (vii) |
those offenses defined in Section 6-16 of the Liquor |
Control Act of
1934;
and (viii) those offenses defined in |
the Methamphetamine Precursor Control Act;
|
12. not have been repeatedly involved as a driver in |
motor vehicle
collisions or been repeatedly convicted of |
offenses against
laws and ordinances regulating the |
movement of traffic, to a degree which
indicates lack of |
ability to exercise ordinary and reasonable care in the
|
safe operation of a motor vehicle or disrespect for the |
traffic laws and
the safety of other persons upon the |
highway;
|
13. not have, through the unlawful operation of a |
|
motor
vehicle, caused a crash an accident resulting in the |
death of any person;
|
14. not have, within the last 5 years, been adjudged |
to be
afflicted with or suffering from any mental |
disability or disease;
|
15. consent, in writing, to the release of results of |
reasonable suspicion drug and alcohol testing under |
Section 6-106.1c of this Code by the employer of the |
applicant to the Secretary of State; and |
16. not have been convicted of committing or |
attempting to commit within the last 20 years: (i) an |
offense defined in subsection (c) of Section 4, subsection |
(b) of Section 5, and subsection (a) of Section 8 of the |
Cannabis Control Act; or (ii) any offenses in any other |
state or against the laws of the United States that, if |
committed or attempted in this State, would be punishable |
as one or more of the foregoing offenses. |
(b) A school bus driver permit shall be valid for a period |
specified by
the Secretary of State as set forth by rule. It |
shall be renewable upon compliance with subsection (a) of this
|
Section.
|
(c) A school bus driver permit shall contain the holder's |
driver's
license number, legal name, residence address, zip |
code, and date
of birth, a brief description of the holder and |
a space for signature. The
Secretary of State may require a |
suitable photograph of the holder.
|
|
(d) The employer shall be responsible for conducting a |
pre-employment
interview with prospective school bus driver |
candidates, distributing school
bus driver applications and |
medical forms to be completed by the applicant, and
submitting |
the applicant's fingerprint cards to the Illinois State Police
|
that are required for the criminal background investigations. |
The employer
shall certify in writing to the Secretary of |
State that all pre-employment
conditions have been |
successfully completed including the successful completion
of |
an Illinois specific criminal background investigation through |
the Illinois
State Police and the submission of necessary
|
fingerprints to the Federal Bureau of Investigation for |
criminal
history information available through the Federal |
Bureau of
Investigation system. The applicant shall present |
the
certification to the Secretary of State at the time of |
submitting
the school bus driver permit application.
|
(e) Permits shall initially be provisional upon receiving
|
certification from the employer that all pre-employment |
conditions
have been successfully completed, and upon |
successful completion of
all training and examination |
requirements for the classification of
the vehicle to be |
operated, the Secretary of State shall
provisionally issue a |
School Bus Driver Permit. The permit shall
remain in a |
provisional status pending the completion of the
Federal |
Bureau of Investigation's criminal background investigation |
based
upon fingerprinting specimens submitted to the Federal |
|
Bureau of
Investigation by the Illinois State Police. The |
Federal Bureau of
Investigation shall report the findings |
directly to the Secretary
of State. The Secretary of State |
shall remove the bus driver
permit from provisional status |
upon the applicant's successful
completion of the Federal |
Bureau of Investigation's criminal
background investigation.
|
(f) A school bus driver permit holder shall notify the
|
employer and the Secretary of State if he or she is issued an |
order of court supervision for or convicted in
another state |
of an offense that would make him or her ineligible
for a |
permit under subsection (a) of this Section. The
written |
notification shall be made within 5 days of the entry of
the |
order of court supervision or conviction. Failure of the |
permit holder to provide the
notification is punishable as a |
petty
offense for a first violation and a Class B misdemeanor |
for a
second or subsequent violation.
|
(g) Cancellation; suspension; notice and procedure.
|
(1) The Secretary of State shall cancel a school bus
|
driver permit of an applicant whose criminal background |
investigation
discloses that he or she is not in |
compliance with the provisions of subsection
(a) of this |
Section.
|
(2) The Secretary of State shall cancel a school
bus |
driver permit when he or she receives notice that the |
permit holder fails
to comply with any provision of this |
Section or any rule promulgated for the
administration of |
|
this Section.
|
(3) The Secretary of State shall cancel a school bus
|
driver permit if the permit holder's restricted commercial |
or
commercial driving privileges are withdrawn or |
otherwise
invalidated.
|
(4) The Secretary of State may not issue a school bus
|
driver permit for a period of 3 years to an applicant who |
fails to
obtain a negative result on a drug test as |
required in item 6 of
subsection (a) of this Section or |
under federal law.
|
(5) The Secretary of State shall forthwith suspend
a |
school bus driver permit for a period of 3 years upon |
receiving
notice that the holder has failed to obtain a |
negative result on a
drug test as required in item 6 of |
subsection (a) of this Section
or under federal law.
|
(6) The Secretary of State shall suspend a school bus |
driver permit for a period of 3 years upon receiving |
notice from the employer that the holder failed to perform |
the inspection procedure set forth in subsection (a) or |
(b) of Section 12-816 of this Code. |
(7) The Secretary of State shall suspend a school bus |
driver permit for a period of 3 years upon receiving |
notice from the employer that the holder refused to submit |
to an alcohol or drug test as required by Section 6-106.1c |
or has submitted to a test required by that Section which |
disclosed an alcohol concentration of more than 0.00 or |
|
disclosed a positive result on a National Institute on |
Drug Abuse five-drug panel, utilizing federal standards |
set forth in 49 CFR 40.87. |
The Secretary of State shall notify the State |
Superintendent
of Education and the permit holder's |
prospective or current
employer that the applicant has (1) has |
failed a criminal
background investigation or (2) is no
longer |
eligible for a school bus driver permit; and of the related
|
cancellation of the applicant's provisional school bus driver |
permit. The
cancellation shall remain in effect pending the |
outcome of a
hearing pursuant to Section 2-118 of this Code. |
The scope of the
hearing shall be limited to the issuance |
criteria contained in
subsection (a) of this Section. A |
petition requesting a
hearing shall be submitted to the |
Secretary of State and shall
contain the reason the individual |
feels he or she is entitled to a
school bus driver permit. The |
permit holder's
employer shall notify in writing to the |
Secretary of State
that the employer has certified the removal |
of the offending school
bus driver from service prior to the |
start of that school bus
driver's next workshift. An employing |
school board that fails to
remove the offending school bus |
driver from service is
subject to the penalties defined in |
Section 3-14.23 of the School Code. A
school bus
contractor |
who violates a provision of this Section is
subject to the |
penalties defined in Section 6-106.11.
|
All valid school bus driver permits issued under this |
|
Section
prior to January 1, 1995, shall remain effective until |
their
expiration date unless otherwise invalidated.
|
(h) When a school bus driver permit holder who is a service |
member is called to active duty, the employer of the permit |
holder shall notify the Secretary of State, within 30 days of |
notification from the permit holder, that the permit holder |
has been called to active duty. Upon notification pursuant to |
this subsection, (i) the Secretary of State shall characterize |
the permit as inactive until a permit holder renews the permit |
as provided in subsection (i) of this Section, and (ii) if a |
permit holder fails to comply with the requirements of this |
Section while called to active duty, the Secretary of State |
shall not characterize the permit as invalid. |
(i) A school bus driver permit holder who is a service |
member returning from active duty must, within 90 days, renew |
a permit characterized as inactive pursuant to subsection (h) |
of this Section by complying with the renewal requirements of |
subsection (b) of this Section. |
(j) For purposes of subsections (h) and (i) of this |
Section: |
"Active duty" means active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor. |
"Service member" means a member of the Armed Services or |
reserve forces of the United States or a member of the Illinois |
National Guard. |
|
(k) A private carrier employer of a school bus driver |
permit holder, having satisfied the employer requirements of |
this Section, shall be held to a standard of ordinary care for |
intentional acts committed in the course of employment by the |
bus driver permit holder. This subsection (k) shall in no way |
limit the liability of the private carrier employer for |
violation of any provision of this Section or for the |
negligent hiring or retention of a school bus driver permit |
holder. |
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; |
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised |
10-13-21.)
|
(625 ILCS 5/6-106.1a)
|
Sec. 6-106.1a. Cancellation of school bus driver permit; |
trace of alcohol.
|
(a) A person who has been issued a school bus driver permit |
by the Secretary
of State in accordance with Section 6-106.1 |
of this Code and who drives or is
in actual physical control of |
a school bus
or any other vehicle owned or operated by or for a |
public or private
school, or a school operated by a religious |
institution, when the vehicle is
being used over a regularly |
scheduled route for the transportation of persons
enrolled as |
students in grade 12 or below, in connection with any activity |
of
the entities listed, upon the public highways of this State |
shall be
deemed to have given consent to a chemical test or |
|
tests of blood, breath, other bodily substance, or
urine for |
the purpose of determining the alcohol content of the person's |
blood
if arrested, as evidenced
by the issuance of a Uniform |
Traffic Ticket for any violation of this
Code or a similar |
provision of a local ordinance, if a police officer
has |
probable cause to believe that the driver has consumed any |
amount of an
alcoholic beverage based upon evidence of the |
driver's physical condition
or other first hand knowledge of |
the police officer. The test or tests shall
be administered at |
the direction of the arresting officer. The law enforcement
|
agency employing the officer shall designate which of the |
aforesaid tests shall
be administered. A urine or other bodily |
substance test may be administered even after a blood or |
breath
test or both has been administered.
|
(b) A person who is dead, unconscious, or who is otherwise |
in a condition
rendering that person incapable of refusal, |
shall be deemed not to have
withdrawn the consent provided by |
paragraph (a) of this Section and the test or
tests may be |
administered subject to the following provisions:
|
(1) Chemical analysis of the person's blood, urine, |
breath, or
other bodily substance,
to be considered valid |
under the provisions of this Section, shall have been
|
performed according to standards promulgated by the |
Illinois State Police by an
individual
possessing a valid |
permit issued by the Illinois State Police for this
|
purpose. The
Director of the Illinois State Police is |
|
authorized to approve satisfactory techniques
or
methods, |
to ascertain the qualifications and competence of |
individuals to
conduct analyses, to issue
permits that |
shall be subject to termination or revocation at the |
direction of
the Illinois State Police, and to certify the
|
accuracy of breath testing
equipment. The
Illinois State |
Police shall prescribe rules as
necessary.
|
(2) When a person submits to a blood test at the |
request of a law
enforcement officer under the provisions |
of this Section, only a physician
authorized to practice |
medicine, a licensed physician assistant, a licensed |
advanced practice registered nurse, a registered nurse, or |
other qualified person
trained in venipuncture and acting |
under the direction of a licensed physician
may withdraw |
blood for the purpose of determining the alcohol content.
|
This limitation does not apply to the taking of breath, |
other bodily substance, or urine specimens.
|
(3) The person tested may have a physician, qualified |
technician, chemist,
registered nurse, or other qualified |
person of his or her own choosing
administer a chemical |
test or tests in addition to any test or tests
|
administered at the direction of a law enforcement |
officer. The test
administered at the request of the |
person may be admissible into evidence at a
hearing |
conducted in accordance with Section 2-118 of this Code. |
The failure
or inability to obtain an additional test by a |
|
person shall not preclude the
consideration of the |
previously performed chemical test.
|
(4) Upon a request of the person who submits to a |
chemical test or tests
at the request of a law enforcement |
officer, full information concerning the
test or tests |
shall be made available to the person or that person's
|
attorney by the requesting law enforcement agency within |
72 hours of receipt of
the test result.
|
(5) Alcohol concentration means either grams of |
alcohol per 100
milliliters of blood or grams of alcohol |
per 210 liters of breath.
|
(6) If a driver is receiving medical treatment as a |
result of a motor
vehicle crash accident , a physician |
licensed to practice medicine, licensed physician |
assistant, licensed advanced practice registered nurse, |
registered nurse,
or other qualified person trained in |
venipuncture and acting under the
direction of a
licensed |
physician shall withdraw blood for testing purposes to |
ascertain the
presence of alcohol upon the specific |
request of a law enforcement officer.
However, that |
testing shall not be performed until, in the opinion of |
the
medical personnel on scene, the withdrawal can be made |
without interfering with
or endangering the well-being of |
the patient.
|
(c) A person requested to submit to a test as provided in |
this Section shall
be warned
by the law enforcement officer |
|
requesting the test that a refusal to submit to
the test, or
|
submission to the test resulting in an alcohol concentration |
of more than 0.00,
may result
in the loss of that person's |
privilege to possess a school bus driver
permit. The loss of |
the individual's privilege to possess a school bus driver
|
permit shall be imposed in accordance with Section 6-106.1b of |
this Code. A person requested to submit to a test under this |
Section shall also acknowledge, in writing, receipt of the |
warning required under this subsection (c). If the person |
refuses to acknowledge receipt of the warning, the law |
enforcement officer shall make a written notation on the |
warning that the person refused to sign the warning. A |
person's refusal to sign the warning shall not be evidence |
that the person was not read the warning.
|
(d) If the person refuses testing or submits to a test that |
discloses an
alcohol concentration of more than 0.00, the law |
enforcement officer shall
immediately submit a sworn report to |
the Secretary of State on a form
prescribed by the Secretary of |
State certifying that the test or tests were
requested under |
subsection (a) and the person refused to submit to a test or
|
tests or submitted to testing which disclosed an alcohol |
concentration of more
than 0.00. The law enforcement officer |
shall submit the same sworn report when
a person who has been |
issued a school bus driver permit and who was operating a
|
school bus or any other vehicle owned
or operated by or for a |
public or private school, or a school operated by a
religious |
|
institution, when the vehicle is being used over a regularly
|
scheduled route for the transportation of persons enrolled as |
students in grade
12 or below, in connection with
any activity |
of the entities listed, submits to testing under Section |
11-501.1
of this Code and the testing discloses an alcohol |
concentration of more than
0.00 and less than the alcohol |
concentration at which driving or being in
actual physical |
control of a motor vehicle is prohibited under paragraph (1) |
of
subsection (a) of Section 11-501.
|
Upon receipt of the sworn report of a law enforcement |
officer, the Secretary
of State shall enter the school bus |
driver permit sanction on the
individual's driving record and |
the sanction shall be effective on the
46th day following the |
date notice of the sanction was given to the person.
|
The law enforcement officer submitting the sworn report |
shall serve immediate
notice of this school bus driver permit |
sanction on the person and the sanction
shall be effective on |
the 46th day following the date notice was given.
|
In cases where the blood alcohol concentration of more |
than 0.00 is
established by a subsequent analysis of blood, |
other bodily substance, or urine, the police officer or
|
arresting agency shall give notice as provided in this Section |
or by deposit in
the United States mail of that notice in an |
envelope with postage prepaid and
addressed to that person at |
his or her last known address and the loss of the
school
bus |
driver permit shall be effective on the 46th day following the |
|
date notice
was given.
|
Upon receipt of the sworn report of a law enforcement |
officer, the Secretary
of State shall also give notice of the |
school bus driver permit sanction to the
driver and the |
driver's current employer by mailing a notice of the effective
|
date of the sanction to the individual. However, shall the |
sworn report be
defective by not containing sufficient |
information or be completed in error,
the notice of the school |
bus driver permit sanction may not be mailed to the
person or |
his current employer or entered to the driving record,
but |
rather the sworn report shall be returned to the issuing law |
enforcement
agency.
|
(e) A driver may contest this school bus driver permit |
sanction by
requesting an administrative hearing with the |
Secretary of State in accordance
with Section 2-118 of this |
Code. An individual whose blood alcohol
concentration is shown |
to be more than 0.00 is not subject to this Section if
he or |
she consumed alcohol in the performance of a religious service |
or
ceremony. An individual whose blood alcohol concentration |
is shown to be more
than 0.00 shall not be subject to this |
Section if the individual's blood
alcohol concentration |
resulted only from ingestion of the prescribed or
recommended |
dosage of medicine that contained alcohol. The petition for |
that
hearing shall not stay or delay the effective date of the |
impending suspension.
The scope of this hearing shall be |
limited to the issues of:
|
|
(1) whether the police officer had probable cause to |
believe that the
person was driving or in actual physical |
control of a school bus
or any other vehicle owned or |
operated by or for a
public or private school, or a
school |
operated by a religious institution, when the vehicle is |
being used
over a regularly scheduled route for the |
transportation of persons enrolled as
students in grade 12 |
or below, in connection with any activity of the entities
|
listed, upon the public highways of the State and the |
police officer had reason
to believe that the person was |
in violation of any provision of this
Code or a similar |
provision of a local ordinance; and
|
(2) whether the person was issued a Uniform Traffic |
Ticket for any
violation of this Code or a similar |
provision of a local
ordinance; and
|
(3) whether the police officer had probable cause to |
believe that the
driver had
consumed any amount of an |
alcoholic beverage based upon the driver's
physical |
actions or other first-hand knowledge of the police |
officer; and
|
(4) whether the person, after being advised by the |
officer that the
privilege to possess a school bus driver |
permit would be canceled if the person
refused to submit |
to and complete the test or tests, did refuse to submit to |
or
complete the test or tests to determine the person's |
alcohol concentration; and
|
|
(5) whether the person, after being advised by the |
officer that the
privileges to possess a school bus driver |
permit would be canceled if the
person submits to a |
chemical test or tests and the test or tests disclose an
|
alcohol concentration of more than 0.00 and
the person did |
submit to and complete the test or tests that determined |
an
alcohol concentration of more than 0.00; and
|
(6) whether the test result of an alcohol |
concentration of more than 0.00
was based upon the |
person's consumption of alcohol in the performance of a
|
religious service or ceremony; and
|
(7) whether the test result of an alcohol |
concentration of more than 0.00
was based upon the |
person's consumption of alcohol through ingestion of the
|
prescribed or recommended dosage of medicine.
|
The Secretary of State may adopt administrative rules |
setting forth
circumstances under which the holder of a school |
bus driver permit is not
required to
appear in
person at the |
hearing.
|
Provided that the petitioner may subpoena the officer, the |
hearing may be
conducted upon a review of the law enforcement |
officer's own official
reports. Failure of the officer to |
answer the subpoena shall be grounds for a
continuance if, in |
the hearing officer's discretion, the continuance is
|
appropriate. At the conclusion of the hearing held under |
Section 2-118 of this
Code, the Secretary of State may |
|
rescind, continue, or modify
the school bus driver permit |
sanction.
|
(f) The results of any chemical testing performed in |
accordance with
subsection (a) of this Section are not |
admissible in any civil or criminal
proceeding, except that |
the results
of the testing may be considered at a hearing held |
under Section 2-118 of this
Code. However, the results of the |
testing may not be used to impose
driver's license sanctions |
under Section 11-501.1 of this Code. A law
enforcement officer |
may, however, pursue a statutory summary suspension or |
revocation of
driving privileges under Section 11-501.1 of |
this Code if other physical
evidence or first hand knowledge |
forms the basis of that suspension or revocation.
|
(g) This Section applies only to drivers who have been |
issued a school bus
driver permit in accordance with Section |
6-106.1 of this Code at the time of
the issuance of the Uniform |
Traffic Ticket for a violation of this
Code or a similar |
provision of a local ordinance, and a chemical test
request is |
made under this Section.
|
(h) The action of the Secretary of State in suspending, |
revoking, canceling,
or denying any license, permit, |
registration, or certificate of title shall be
subject to |
judicial review in the Circuit Court of Sangamon County or in |
the
Circuit Court of Cook County, and the provisions of the |
Administrative Review
Law and its rules are hereby adopted and |
shall apply to and govern every
action for the judicial review |
|
of final acts or decisions of the Secretary of
State under this |
Section.
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
(625 ILCS 5/6-106.2) (from Ch. 95 1/2, par. 6-106.2)
|
Sec. 6-106.2. Religious organization bus driver. A |
religious
organization bus driver shall meet the following |
requirements:
|
1. is 21 years of age or older;
|
2. has a valid and properly classified driver's
|
license issued by the
Secretary of State;
|
3. has held a valid driver's license, not necessarily |
of the same
classification, for
3 years prior to the date
|
of application. A lapse in the renewal of the driver's |
license of 30 days or less shall not render the applicant |
ineligible. The Secretary of State may, in his or her |
discretion, grant a waiver for a lapse in the renewal of |
the driver's license in excess of 30 days;
|
4. has demonstrated an ability to exercise reasonable
|
care in the safe
operation of religious
organization buses |
in accordance with such standards as the Secretary of
|
State prescribes
including a driving test in a religious |
organization bus; and
|
5. has not been convicted of any of the following |
offenses within 3 years of the
date of application: |
Sections 11-401 (leaving the scene of a traffic
crash |
|
accident involving death or personal injury), 11-501 |
(driving under the
influence), 11-503 (reckless driving), |
11-504 (drag racing), and 11-506 (street racing) of this |
Code, or Sections
9-3 (manslaughter or reckless homicide) |
and 12-5 (reckless conduct arising
from the use of a motor |
vehicle) of the Criminal Code of 1961 or the Criminal Code |
of 2012.
|
(Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15 .)
|
(625 ILCS 5/6-106.3) (from Ch. 95 1/2, par. 6-106.3)
|
Sec. 6-106.3. Senior citizen transportation - driver. A |
driver of a
vehicle operated solely for the purpose of |
providing transportation for
the elderly in connection with |
the activities of any public or private
organization
shall |
meet the following requirements:
|
(1) is 21 years of age or older;
|
(2) has a valid and properly classified driver's |
license issued by the
Secretary of State;
|
(3) has had a valid driver's license, not necessarily
|
of the same classification, for 3 years prior to the date |
of application. A lapse in the renewal of the driver's |
license of 30 days or less shall not render the applicant |
ineligible. The Secretary of State may, in his or her |
discretion, grant a waiver for a lapse in the renewal of |
the driver's license in excess of 30 days;
|
(4) has demonstrated his ability to exercise |
|
reasonable care in the safe
operation of a motor vehicle |
which will be utilized to transport persons
in accordance |
with such standards as the Secretary of State prescribes
|
including
a driving test in such motor vehicle; and
|
(5) has not been convicted of any of the following |
offenses within
3 years of the date of application:
|
Sections 11-401 (leaving the scene of a traffic crash |
accident involving death
or personal injury), 11-501 |
(driving under the influence), 11-503 (reckless
driving), |
11-504 (drag racing), and 11-506 (street racing) of this |
Code, or Sections 9-3 (manslaughter
or reckless
homicide) |
and 12-5 (reckless conduct arising from the use of a motor
|
vehicle) of the Criminal Code of 1961 or the Criminal Code |
of 2012.
|
(Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15 .)
|
(625 ILCS 5/6-106.4) (from Ch. 95 1/2, par. 6-106.4)
|
Sec. 6-106.4. For-profit ridesharing arrangement - driver. |
No person
may drive a commuter van while it is being used for a |
for-profit ridesharing
arrangement unless such person:
|
(1) is 21 years of age or older;
|
(2) has a valid and properly classified driver's |
license issued by the
Secretary of State;
|
(3) has held a valid driver's license, not necessarily
|
of the same classification,
for 3 years prior to the date |
of application. A lapse in the renewal of the driver's |
|
license of 30 days or less shall not render the applicant |
ineligible. The Secretary of State may, in his or her |
discretion, grant a waiver for a lapse in the renewal of |
the driver's license in excess of 30 days;
|
(4) has demonstrated his ability to exercise |
reasonable care in the safe
operation of commuter vans |
used in for-profit ridesharing arrangements in
accordance |
with such standards as the Secretary of State may |
prescribe,
which standards may require a driving test in a |
commuter van; and
|
(5) has not been convicted of any of the following |
offenses within
3 years of the date of
application: |
Sections 11-401 (leaving the scene of a traffic
crash |
accident involving death or personal injury), 11-501 |
(driving under
the influence), 11-503 (reckless driving), |
11-504 (drag racing), and 11-506 (street racing) of this
|
Code, or
Sections 9-3 (manslaughter or reckless homicide) |
and 12-5 (reckless conduct
arising from the use of a motor |
vehicle) of the Criminal Code of 1961 or the Criminal Code |
of 2012.
|
(Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15 .)
|
(625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
|
Sec. 6-107. Graduated license.
|
(a) The purpose of the Graduated
Licensing Program is to |
develop safe and mature driving habits in young,
inexperienced |
|
drivers and reduce or prevent motor vehicle crashes accidents ,
|
fatalities,
and injuries by:
|
(1) providing for an increase in the time of practice |
period before
granting
permission to obtain a driver's |
license;
|
(2) strengthening driver licensing and testing |
standards for persons under
the age of 21 years;
|
(3) sanctioning driving privileges of drivers under |
age 21 who have
committed serious traffic violations or |
other specified offenses; and
|
(4) setting stricter standards to promote the public's |
health and
safety.
|
(b) The application of any person under
the age of 18 |
years, and not legally emancipated, for a drivers
license or |
permit to operate a motor vehicle issued under the laws of this
|
State, shall be accompanied by the written consent of either |
parent of the
applicant; otherwise by the guardian having |
custody of the applicant, or
in the event there is no parent or |
guardian, then by another responsible adult. The written |
consent must accompany any application for a driver's license |
under this subsection (b), regardless of whether or not the |
required written consent also accompanied the person's |
previous application for an instruction permit.
|
No graduated driver's license shall be issued to any |
applicant under 18
years
of age, unless the applicant is at |
least 16 years of age and has:
|
|
(1) Held a valid instruction permit for a minimum of 9 |
months.
|
(2) Passed an approved driver education course
and |
submits proof of having passed the course as may
be |
required.
|
(3) Certification by the parent, legal guardian, or |
responsible adult that
the applicant has had a minimum of |
50 hours of behind-the-wheel practice time, at least 10 |
hours of which have been at night,
and is sufficiently |
prepared and able to safely operate a motor vehicle.
|
(b-1) No graduated
driver's license shall be issued to any |
applicant who is under 18 years of age
and not legally |
emancipated, unless the applicant has graduated
from a |
secondary school of this State or any other state, is enrolled |
in a
course leading to a high school equivalency certificate, |
has
obtained a high school equivalency certificate, is |
enrolled in an elementary or secondary school or college or |
university
of this State or any other state and is not a |
chronic or habitual truant as provided in Section 26-2a of the |
School Code, or is receiving home instruction and submits |
proof of meeting any of those
requirements at the time of |
application.
|
An applicant under 18 years of age who provides proof |
acceptable to the Secretary that the applicant has resumed |
regular school attendance or home instruction or that his or |
her application was denied in error shall be eligible to |
|
receive a graduated license if other requirements are met. The |
Secretary shall adopt rules for implementing this subsection |
(b-1).
|
(c) No graduated driver's license or permit shall be |
issued to
any applicant under 18
years of age who has committed |
the offense of operating a motor vehicle
without a valid |
license or permit in violation of Section 6-101 of this Code
or |
a similar out of state offense and no graduated driver's
|
license or permit shall be issued to any applicant under 18 |
years of age
who has committed an offense that would otherwise |
result in a
mandatory revocation of a license or permit as |
provided in Section 6-205 of
this Code or who has been either |
convicted of or adjudicated a delinquent based
upon a |
violation of the Cannabis Control Act, the Illinois Controlled
|
Substances Act, the Use of Intoxicating Compounds Act, or the |
Methamphetamine Control and Community Protection Act while |
that individual was in actual physical control of a motor
|
vehicle. For purposes of this Section, any person placed on |
probation under
Section 10 of the Cannabis Control Act, |
Section 410 of the Illinois
Controlled Substances Act, or |
Section 70 of the Methamphetamine Control and Community |
Protection Act shall not be considered convicted. Any person |
found
guilty of this offense, while in actual physical control |
of a motor vehicle,
shall have an entry made in the court |
record by the judge that this offense did
occur while the |
person was in actual physical control of a motor vehicle and
|
|
order the clerk of the court to report the violation to the |
Secretary of State
as such.
|
(d) No graduated driver's license shall be issued for 9 |
months to any
applicant
under
the
age of 18 years who has |
committed and subsequently been convicted of an offense |
against traffic regulations governing the movement of |
vehicles, any violation of this Section or Section 12-603.1 of |
this Code, or who has received a disposition of court |
supervision for a violation of Section 6-20 of the Illinois |
Liquor Control Act of 1934 or a similar provision of a local |
ordinance.
|
(e) No graduated driver's license holder under the age
of |
18 years shall operate any
motor vehicle, except a motor |
driven cycle or motorcycle, with
more than one passenger in |
the front seat of the motor vehicle
and no more passengers in |
the back seats than the number of available seat
safety belts |
as set forth in Section 12-603 of this Code. If a graduated |
driver's license holder over the age of 18 committed an |
offense against traffic regulations governing the movement of |
vehicles or any violation of this Section or Section 12-603.1 |
of this Code in the 6 months prior to the graduated driver's |
license holder's 18th birthday, and was subsequently convicted |
of the violation, the provisions of this paragraph shall |
continue to apply until such time as a period of 6 consecutive |
months has elapsed without an additional violation and |
subsequent conviction of an offense against traffic |
|
regulations governing the movement of vehicles or any |
violation of this Section or Section 12-603.1 of this Code.
|
(f) (Blank).
|
(g) If a graduated driver's license holder is under the |
age of 18 when he
or she receives the license, for the first 12 |
months he or she holds the license
or
until he or she reaches |
the age of 18, whichever occurs sooner, the graduated
license
|
holder may not operate a motor vehicle with more than one |
passenger in the
vehicle
who is under the age of 20, unless any |
additional passenger or passengers are
siblings, |
step-siblings, children, or stepchildren of the driver. If a |
graduated driver's license holder committed an offense against |
traffic regulations governing the movement of vehicles or any |
violation of this Section or Section 12-603.1 of this Code |
during the first 12 months the license is held and |
subsequently is convicted of the violation, the provisions of |
this paragraph shall remain in effect until such time as a |
period of 6 consecutive months has elapsed without an |
additional violation and subsequent conviction of an offense |
against traffic regulations governing the movement of vehicles |
or any violation of this Section or Section 12-603.1 of this |
Code.
|
(h) It shall be an offense for a person that is age 15, but |
under age 20, to be a passenger in a vehicle operated by a |
driver holding a graduated driver's license during the first |
12 months the driver holds the license or until the driver |
|
reaches the age of 18, whichever occurs sooner, if another |
passenger under the age of 20 is present, excluding a sibling, |
step-sibling, child, or step-child of the driver.
|
(i) No graduated driver's license shall be issued to any |
applicant under the age of 18 years if the applicant has been |
issued a traffic citation for which a disposition has not been |
rendered at the time of application. |
(Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12; |
98-168, eff. 1-1-14; 98-718, eff. 1-1-15 .)
|
(625 ILCS 5/6-107.5) |
Sec. 6-107.5. Adult Driver Education Course. |
(a) The Secretary shall establish by rule the curriculum |
and designate the materials to be used in an adult driver |
education course. The course shall be at least 6 hours in |
length and shall include instruction on traffic laws; highway |
signs, signals, and markings that regulate, warn, or direct |
traffic; issues commonly associated with motor vehicle crashes |
accidents including poor decision-making, risk taking, |
impaired driving, distraction, speed, failure to use a safety |
belt, driving at night, failure to yield the right-of-way, |
texting while driving, using wireless communication devices, |
and alcohol and drug awareness; and instruction on law |
enforcement procedures during traffic stops, including actions |
that a motorist should take during a traffic stop and |
appropriate interactions with law enforcement officers. The |
|
curriculum shall not require the operation of a motor vehicle. |
(b) The Secretary shall certify course providers. The |
requirements to be a certified course provider, the process |
for applying for certification, and the procedure for |
decertifying a course provider shall be established by rule. |
(b-5) In order to qualify for certification as an adult |
driver education course provider, each applicant must |
authorize an investigation that includes a fingerprint-based |
background check to determine if the applicant has ever been |
convicted of a criminal offense and, if so, the disposition of |
any conviction. This authorization shall indicate the scope of |
the inquiry and the agencies that may be contacted. Upon |
receiving this authorization, the Secretary of State may |
request and receive information and assistance from any |
federal, State, or local governmental agency as part of the |
authorized investigation. Each applicant shall submit his or |
her fingerprints to the Illinois State Police in the form and |
manner prescribed by the Illinois State Police. These |
fingerprints shall be checked against fingerprint records now |
and hereafter filed in the Illinois State Police and Federal |
Bureau of Investigation criminal history record databases. The |
Illinois State Police shall charge applicants a fee for |
conducting the criminal history record check, which shall be |
deposited into the State Police Services Fund and shall not |
exceed the actual cost of the State and national criminal |
history record check. The Illinois State Police shall furnish, |
|
pursuant to positive identification, records of Illinois |
criminal convictions to the Secretary and shall forward the |
national criminal history record information to the Secretary. |
Applicants shall pay any other fingerprint-related fees. |
Unless otherwise prohibited by law, the information derived |
from the investigation, including the source of the |
information and any conclusions or recommendations derived |
from the information by the Secretary of State, shall be |
provided to the applicant upon request to the Secretary of |
State prior to any final action by the Secretary of State on |
the application. Any criminal conviction information obtained |
by the Secretary of State shall be confidential and may not be |
transmitted outside the Office of the Secretary of State, |
except as required by this subsection (b-5), and may not be |
transmitted to anyone within the Office of the Secretary of |
State except as needed for the purpose of evaluating the |
applicant. At any administrative hearing held under Section |
2-118 of this Code relating to the denial, cancellation, |
suspension, or revocation of certification of an adult driver |
education course provider, the Secretary of State may utilize |
at that hearing any criminal history, criminal conviction, and |
disposition information obtained under this subsection (b-5). |
The information obtained from the investigation may be |
maintained by the Secretary of State or any agency to which the |
information was transmitted. Only information and standards |
which bear a reasonable and rational relation to the |
|
performance of providing adult driver education shall be used |
by the Secretary of State. Any employee of the Secretary of |
State who gives or causes to be given away any confidential |
information concerning any criminal convictions or disposition |
of criminal convictions of an applicant shall be guilty of a |
Class A misdemeanor unless release of the information is |
authorized by this Section. |
(c) The Secretary may permit a course provider to offer |
the course online, if the Secretary is satisfied the course |
provider has established adequate procedures for verifying: |
(1) the identity of the person taking the course |
online; and |
(2) the person completes the entire course. |
(d) The Secretary shall establish a method of electronic |
verification of a student's successful completion of the |
course. |
(e) The fee charged by the course provider must bear a |
reasonable relationship to the cost of the course. The |
Secretary shall post on the Secretary of State's website a |
list of approved course providers, the fees charged by the |
providers, and contact information for each provider. |
(f) In addition to any other fee charged by the course |
provider, the course provider shall collect a fee of $5 from |
each student to offset the costs incurred by the Secretary in |
administering this program. The $5 shall be submitted to the |
Secretary within 14 days of the day on which it was collected. |
|
All such fees received by the Secretary shall be deposited in |
the Secretary of State Driver Services Administration Fund.
|
(Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21; |
revised 10-12-21.)
|
(625 ILCS 5/6-108.1)
|
Sec. 6-108.1.
Notice to Secretary; denial of license;
|
persons under 18.
|
(a) The State's Attorney must notify the Secretary of the
|
charges pending
against any person younger than 18 years of |
age who has been charged
with a violation of this Code, the |
Criminal Code of 2012, or the Criminal Code of 1961 arising out |
of a crash an
accident in
which the person was involved as a |
driver and that caused the death of or a
type A injury to |
another person. A "type A injury" includes severely bleeding
|
wounds, distorted extremities, and injuries that require the |
injured party to
be carried from the scene. The State's |
Attorney must notify the Secretary on a
form prescribed by the |
Secretary.
|
(b) The Secretary, upon receiving notification from the |
State's Attorney,
may
deny any driver's license to any person
|
younger than 18 years of age against whom the charges are |
pending.
|
(c) The State's Attorney must notify the Secretary of the |
final
disposition of the case of any person who has been denied |
a driver's license
under subsection (b).
|
|
(d) The Secretary must adopt rules for implementing this |
Section.
|
(Source: P.A. 97-1150, eff. 1-25-13.)
|
(625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
|
Sec. 6-113. Restricted licenses and permits.
|
(a) The Secretary of
State upon issuing a drivers license |
or permit shall have the authority
whenever good cause appears |
to impose restrictions suitable to the
licensee's driving |
ability with respect to the type of, or special
mechanical |
control devices required on, a motor vehicle which the
|
licensee may operate or such other restrictions applicable to |
the
licensee as the Secretary of State may determine to be |
appropriate to
assure the safe operation of a motor vehicle by |
the licensee.
|
(b) The Secretary of State may either issue a special |
restricted
license or permit or may set forth such |
restrictions upon the usual
license or permit form.
|
(c) The Secretary of State may issue a probationary |
license to a person
whose driving privileges have been |
suspended pursuant to subsection (d) of this
Section or |
subsection (a)(2) of Section 6-206 of this
Code. This |
subsection (c) does not apply to any driver required to |
possess a CDL for the purpose of operating a commercial motor |
vehicle. The Secretary of State shall promulgate rules |
pursuant to the
Illinois Administrative Procedure Act, setting |
|
forth the conditions and
criteria for the issuance and |
cancellation of probationary licenses.
|
(d) The Secretary of State may upon receiving satisfactory |
evidence
of any violation of the restrictions of such license |
or permit suspend,
revoke or cancel the same without |
preliminary hearing, but the licensee or
permittee shall be |
entitled to a hearing as in the case of a suspension
or |
revocation.
|
(e) It is unlawful for any person to operate a motor |
vehicle in any
manner in violation of the restrictions imposed |
on a restricted license
or permit issued to him.
|
(f) Whenever the holder of a restricted driving permit is |
issued a citation
for any of the following offenses including |
similar local ordinances, the
restricted driving permit is |
immediately invalidated:
|
1. Reckless homicide resulting from the operation of a |
motor vehicle;
|
2. Violation of Section 11-501 of this Act relating to |
the operation of
a motor vehicle while under the influence |
of intoxicating liquor or narcotic
drugs;
|
3. Violation of Section 11-401 of this Act relating to |
the offense of
leaving the scene of a traffic crash |
accident involving death or injury;
|
4. Violation of Section 11-504 of this Act relating to |
the offense of drag
racing; or
|
5. Violation of Section 11-506 of this Act relating to |
|
the offense of street racing.
|
The police officer issuing the citation shall confiscate |
the restricted
driving permit and forward it, along with the |
citation, to the Clerk of
the Circuit Court of the county in |
which the citation was issued.
|
(g) The Secretary of State may issue a special restricted
|
license for a period of 48 months to individuals using vision |
aid
arrangements other than standard eyeglasses or contact |
lenses,
allowing the operation of a motor vehicle during |
nighttime hours.
The Secretary of State shall adopt rules |
defining the terms and
conditions by which the individual may |
obtain and renew this
special restricted license. At a |
minimum, all drivers must meet
the following requirements:
|
1. Possess a valid driver's license and have operated |
a
motor vehicle during daylight hours for a period of 12 |
months
using vision aid arrangements other than standard |
eyeglasses
or contact lenses.
|
2. Have a driving record that does not include any
|
traffic crashes accidents that occurred during nighttime |
hours, for which the
driver has been found to be at fault, |
during the 12 months before he or she
applied for the |
special restricted license.
|
3. Successfully complete a road test administered |
during
nighttime hours.
|
The special restricted license holder must submit to the |
Secretary annually a vision specialist report from his or her |
|
ophthalmologist or optometrist that the special restricted |
license holder's vision has not changed. If the special |
restricted license holder fails to submit this vision |
specialist report, the special restricted license shall be |
cancelled under Section 6-201 of this Code. |
At a minimum, all drivers renewing this license must meet |
the
following requirements:
|
1. Successfully complete a road test administered |
during
nighttime hours.
|
2. Have a driving record that does not include any
|
traffic crashes accidents that occurred during nighttime |
hours, for which the
driver has been found to be at fault, |
during the 12 months before he or she
applied for
the |
special restricted license.
|
(h) Any driver issued a special restricted license as |
defined in
subsection (g) whose privilege to drive during |
nighttime hours has been
suspended due to a crash an accident |
occurring during nighttime hours may request
a hearing as |
provided in Section 2-118 of this Code to contest that |
suspension.
If it is
determined that the crash accident for |
which the driver was at fault was not
influenced by the |
driver's use of vision aid arrangements other than standard
|
eyeglasses or contact lenses, the Secretary may reinstate that |
driver's
privilege to drive during nighttime hours.
|
(i) The Secretary of State may issue a special restricted |
training permit for a period of 6 months to individuals using |
|
vision aid arrangements other than standard eyeglasses or |
contact lenses, allowing the operation of a motor vehicle |
between sunset and 10:00 p.m. provided the driver is |
accompanied by a person holding a valid driver's license |
without nighttime operation restrictions. The Secretary may |
adopt rules defining the terms and conditions by which the |
individual may obtain and renew this special restricted |
training permit. At a minimum, all persons applying for a |
special restricted training permit must meet the following |
requirements: |
1. Possess a valid driver's license and have operated |
a motor vehicle during daylight hours for a period of 6 |
months using vision aid arrangements other than standard |
eyeglasses or contact lenses. |
2. Have a driving record that does not include any |
traffic crashes accidents , for which the person has been |
found to be at fault, during the 6 months before he or she |
applied for the special restricted training permit. |
(j) Whenever the Secretary of State has issued an |
administrative order requiring an individual to use an |
ignition interlock device after his or her driver's license |
has been reinstated, that individual shall be issued a |
driver's license containing the ignition interlock device |
restriction. The administrative order shall set forth the |
duration of the restriction and any other applicable terms and |
conditions. |
|
(Source: P.A. 98-746, eff. 1-1-15; 98-747, eff. 1-1-15; 99-78, |
eff. 7-20-15; 99-289, eff. 8-6-15.)
|
(625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
|
Sec. 6-117. Records to be kept by the Secretary of State.
|
(a) The Secretary of State shall file every application |
for a license or
permit accepted under this Chapter, and shall |
maintain suitable
indexes thereof. The records of the |
Secretary of State shall indicate the
action taken with |
respect to such applications.
|
(b) The Secretary of State shall maintain appropriate |
records of all
licenses and permits refused, cancelled, |
disqualified, revoked, or suspended and of the
revocation,
|
suspension, and disqualification of driving privileges of |
persons not licensed
under this Chapter, and such records |
shall note the reasons for such
action.
|
(c) The Secretary of State shall maintain appropriate |
records of
convictions reported under this Chapter. Records of |
conviction may be
maintained in a computer processible medium.
|
(d) The Secretary of State may also maintain appropriate |
records of any
crash accident reports received.
|
(e) The Secretary of State shall also maintain appropriate |
records
of any disposition of supervision or records
relative
|
to a driver's referral to a driver remedial or rehabilitative |
program, as
required by the Secretary of State or the courts. |
Such records shall only
be available for use by the Secretary, |
|
the driver licensing administrator of any other state, law |
enforcement agencies, the
courts, and the affected driver or, |
upon proper verification,
such affected driver's attorney.
|
(f) The Secretary of State shall also maintain or contract |
to maintain
appropriate records of all photographs and |
signatures obtained in the process
of issuing any driver's |
license, permit, or identification card. The record
shall be |
confidential and shall not be disclosed except to those |
entities
listed under Section 6-110.1 of this Code.
|
(g) The Secretary of State may establish a First Person |
Consent organ and tissue donor registry in compliance with |
subsection (b-1) of Section 5-20 of the Illinois Anatomical |
Gift Act, as follows: |
(1) The Secretary shall offer, to each applicant for |
issuance or renewal of a driver's license or |
identification card who is 16 years of age or older, the |
opportunity to have his or her name included in the First |
Person Consent organ and tissue donor registry. The |
Secretary must advise the applicant or licensee that he or |
she is under no compulsion to have his or her name included |
in the registry. An individual who agrees to having his or |
her name included in the First Person Consent organ and |
tissue donor registry has given full legal consent to the |
donation of any of his or her organs or tissue upon his or |
her death. A brochure explaining this method of executing |
an anatomical gift must be given to each applicant for |
|
issuance or renewal of a driver's license or |
identification card. The brochure must advise the |
applicant or licensee (i) that he or she is under no |
compulsion to have his or her name included in this |
registry and (ii) that he or she may wish to consult with |
family, friends, or clergy before doing so. |
(2) The Secretary of State may establish additional |
methods by which an individual may have his or her name |
included in the First Person Consent organ and tissue |
donor registry. |
(3) When an individual has agreed to have his or her |
name included in the First Person Consent organ and tissue |
donor registry, the Secretary of State shall note that |
agreement in the First Person consent organ and tissue |
donor registry. Representatives of federally designated |
organ procurement agencies and tissue banks and the |
offices of Illinois county coroners and medical examiners |
may inquire of the Secretary of State whether a potential |
organ donor's name is included in the First Person Consent |
organ and tissue donor registry, and the Secretary of |
State may provide that information to the representative. |
(4) An individual may withdraw his or her consent to |
be listed in the First Person Consent organ and tissue |
donor registry maintained by the Secretary of State by |
notifying the Secretary of State in writing, or by any |
other means approved by the Secretary, of the individual's |
|
decision to have his or her name removed from the |
registry. |
(5) The Secretary of State may undertake additional |
efforts, including education and awareness activities, to |
promote organ and tissue donation. |
(6) In the absence of gross negligence or willful |
misconduct, the Secretary of State and his or her |
employees are immune from any civil or criminal liability |
in connection with an individual's consent to be listed in |
the organ and tissue donor registry.
|
(Source: P.A. 100-41, eff. 1-1-18 .)
|
(625 ILCS 5/6-117.2) |
Sec. 6-117.2. Emergency contact database. |
(a) The Secretary of State shall establish a database of |
the emergency contacts of persons who hold a driver's license, |
instruction permit, or any other type of driving permit issued |
by the Secretary of State. Information in the database shall |
be accessible only to employees of the Office of the Secretary |
and law enforcement officers employed by a law enforcement |
agency. Law enforcement officers may share information |
contained in the emergency contact database, including |
disabilities and special needs information, with other public |
safety workers on scene, as needed to conduct official law |
enforcement duties. |
(b) Any person holding a driver's license, instruction |
|
permit, or any other type of driving permit issued by the |
Secretary of State shall be afforded the opportunity to |
provide the Secretary of State, in a manner and form |
designated by the Secretary of State, the name, address, |
telephone number, and relationship to the holder of no more |
than 2 emergency contact persons whom the holder wishes to be |
contacted by a law enforcement officer if the holder is |
involved in a motor vehicle crash accident or other emergency |
situation and the holder is unable to communicate with the |
contact person or persons and may designate whether the holder |
has a disability or is a special needs individual. A contact |
person need not be the holder's next of kin. |
(c) The Secretary shall adopt rules to implement this |
Section. At a minimum, the rules shall address all of the |
following: |
(1) the method whereby a holder may provide the |
Secretary of State with emergency contact, disability, and |
special needs information; |
(2) the method whereby a holder may provide the |
Secretary of State with a change to the emergency contact, |
disability, and special needs information; and |
(3) any other aspect of the database or its operation |
that the Secretary determines is necessary to implement |
this Section. |
(d) If a person involved in a motor vehicle crash accident |
or other emergency situation is unable to communicate with the |
|
contact person or persons specified in the database, a law |
enforcement officer shall make a good faith effort to notify |
the contact person or persons of the situation. Neither the |
law enforcement officer nor the law enforcement agency that |
employs that law enforcement officer incurs any liability, |
however, if the law enforcement officer is not able to make |
contact with the contact person. Except for willful or wanton |
misconduct, neither the law enforcement officer, nor the law |
enforcement agency that employs the law enforcement officer, |
shall incur any liability relating to the reporting or use of |
the database during a motor vehicle crash accident or other |
emergency situation. |
(e) The Secretary of State shall make a good faith effort |
to maintain accurate data as provided by the driver's license |
or instruction permit holder and to provide that information |
to law enforcement as provided in subsection (a). The |
Secretary of State is not liable for any damages, costs, or |
expenses, including, without limitation, consequential |
damages, arising or resulting from any inaccurate or |
incomplete data or system unavailability. Except for willful |
or wanton misconduct, the Secretary of State shall not incur |
any liability relating to the reporting of disabilities or |
special needs individuals. |
(f) As used in this Section: |
"Disability" means an individual's physical or mental |
impairment that substantially limits one or more of the major |
|
life activities; a record of such impairment; or when the |
individual is regarded as having such impairment. |
"Public safety worker" means a person employed by this |
State or a political subdivision thereof that provides |
firefighting, law enforcement, medical or other emergency |
services. |
"Special needs individuals" means those individuals who |
have or are at increased risk for a chronic physical, |
developmental, behavioral, or emotional condition and who also |
require health and related services of a type or amount beyond |
that required by individuals generally. |
(Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
|
(625 ILCS 5/6-201)
|
Sec. 6-201. Authority to cancel licenses and permits.
|
(a) The Secretary of State is authorized to cancel any |
license or permit
upon determining that the holder thereof:
|
1. was not entitled to the issuance thereof hereunder; |
or
|
2. failed to give the required or correct information |
in his
application; or
|
3. failed to pay any fees owed to the Secretary of |
State under this Code for the license or permit;
or
|
4. committed any fraud in the making of such |
application; or
|
5. is ineligible therefor under the provisions of |
|
Section 6-103 of this
Act, as amended; or
|
6. has refused or neglected to submit an alcohol, |
drug, and
intoxicating compound evaluation or to
submit to |
examination or re-examination as required under this Act; |
or
|
7. has been convicted of violating the Cannabis |
Control Act,
the
Illinois Controlled Substances Act, the |
Methamphetamine Control and Community Protection Act, or |
the Use of Intoxicating Compounds
Act while that |
individual was in actual physical
control of a motor |
vehicle. For purposes of this Section, any person placed |
on
probation under Section 10 of the Cannabis Control Act, |
Section 410 of the
Illinois Controlled Substances Act, or |
Section 70 of the Methamphetamine Control and Community |
Protection Act shall not be considered convicted. Any
|
person found guilty of this offense, while in actual |
physical control of a
motor vehicle, shall have an entry |
made in the court record by the
judge that this offense did |
occur while the person was in actual
physical control of a |
motor vehicle and order the clerk of the court to report
|
the violation to the Secretary of State as such. After the |
cancellation, the
Secretary of State shall not issue a new |
license or permit for a period of one
year after the date |
of cancellation. However, upon application, the Secretary
|
of State may, if satisfied that the person applying will |
not endanger the
public safety, or welfare, issue a |
|
restricted driving permit granting the
privilege of |
driving a motor vehicle between the petitioner's residence |
and
petitioner's place of employment or within the scope |
of the petitioner's employment
related duties, or to allow |
transportation for
the petitioner or a household member of |
the petitioner's family for the receipt of
necessary |
medical care, or provide transportation for the petitioner |
to and from alcohol or drug remedial or
rehabilitative |
activity recommended by a licensed service provider, or |
for the petitioner to attend classes, as a student,
in an |
accredited educational institution. The petitioner must
|
demonstrate that no alternative means of transportation is |
reasonably
available; provided that the Secretary's |
discretion shall be limited to
cases where undue hardship, |
as defined by the rules of the Secretary of State, would |
result from a failure to issue such
restricted driving |
permit. In each case the Secretary of State may issue
such |
restricted driving permit for such period as he deems |
appropriate,
except that such permit shall expire no later |
than 2 years from the date of
issuance. A restricted |
driving permit issued hereunder shall be subject to
|
cancellation, revocation and suspension by the Secretary |
of State in like
manner and for like cause as a driver's |
license issued hereunder may be
cancelled, revoked or |
suspended; except that a conviction upon one or more
|
offenses against laws or ordinances regulating the |
|
movement of traffic
shall be deemed sufficient cause for |
the revocation, suspension or
cancellation of a restricted |
driving permit. The Secretary of State may,
as a condition |
to the issuance of a restricted driving permit, require |
the
applicant to participate in a driver remedial or |
rehabilitative
program. In accordance with 49 C.F.R. 384, |
the Secretary of State may not issue a restricted driving |
permit for the operation of a commercial motor vehicle to |
a person holding a CDL whose driving privileges have been |
revoked, suspended, cancelled, or disqualified under this |
Code; or
|
8. failed to submit a report as required by Section |
6-116.5 of this
Code; or
|
9. has been convicted of a sex offense as defined in |
the Sex Offender Registration Act. The driver's license |
shall remain cancelled until the driver registers as a sex |
offender as required by the Sex Offender Registration Act, |
proof of the registration is furnished to the Secretary of |
State and the sex offender provides proof of current |
address to the Secretary; or
|
10. is ineligible for a license or permit under |
Section 6-107, 6-107.1, or
6-108 of this Code; or
|
11. refused or neglected to appear at a Driver |
Services facility to have the license or permit corrected |
and a new license or permit issued or to present |
documentation for verification of identity; or
|
|
12. failed to submit a medical examiner's certificate |
or medical variance as required by 49 C.F.R. 383.71 or |
submitted a fraudulent medical examiner's certificate or |
medical variance; or |
13. has had his or her medical examiner's certificate, |
medical variance, or both removed or rescinded by the |
Federal Motor Carrier Safety Administration; or |
14. failed to self-certify as to the type of driving |
in which the CDL driver engages or expects to engage; or |
15. has submitted acceptable documentation indicating |
out-of-state residency to the Secretary of State to be |
released from the requirement of showing proof of |
financial responsibility in this State; or |
16. was convicted of fraud relating to the testing or |
issuance of a CDL or CLP, in which case only the CDL or CLP |
shall be cancelled. After cancellation, the Secretary |
shall not issue a CLP or CDL for a period of one year from |
the date of cancellation; or |
17. has a special restricted license under subsection |
(g) of Section 6-113 of this Code and failed to submit the |
required annual vision specialist report that the special |
restricted license holder's vision has not changed; or |
18. has a special restricted license under subsection |
(g) of Section 6-113 of this Code and was convicted or |
received court supervision for a violation of this Code |
that occurred during nighttime hours or was involved in a |
|
motor vehicle crash accident during nighttime hours in |
which the restricted license holder was at fault; or |
19. has assisted an out-of-state resident in acquiring |
an Illinois driver's license or identification card by |
providing or allowing the out-of-state resident to use his |
or her Illinois address of residence and is complicit in |
distributing and forwarding the Illinois driver's license |
or identification card to the out-of-state resident. |
(b) Upon such cancellation the licensee or permittee must |
surrender the
license or permit so cancelled to the Secretary |
of State.
|
(c) Except as provided in Sections 6-206.1 and 7-702.1,
|
the Secretary of State
shall have exclusive authority to |
grant, issue, deny, cancel, suspend and
revoke driving |
privileges, drivers' licenses and restricted driving permits.
|
(d) The Secretary of State may adopt rules to implement |
this Section.
|
(Source: P.A. 100-409, eff. 8-25-17; 100-803, eff. 1-1-19; |
101-623, eff. 7-1-20 .)
|
(625 ILCS 5/6-205)
|
Sec. 6-205. Mandatory revocation of license or permit; |
hardship cases.
|
(a) Except as provided in this Section, the Secretary of |
State shall
immediately revoke the license, permit, or driving |
privileges of
any driver upon receiving a
report of the |
|
driver's conviction of any of the following offenses:
|
1. Reckless homicide resulting from the operation of a |
motor vehicle;
|
2. Violation of Section 11-501 of this Code or a |
similar provision of
a local ordinance relating to the |
offense of operating or being in physical
control of a |
vehicle while under the influence of alcohol, other drug |
or
drugs, intoxicating compound or compounds, or any |
combination thereof;
|
3. Any felony under the laws of any State or the |
federal government
in the commission of which a motor |
vehicle was used;
|
4. Violation of Section 11-401 of this Code relating |
to the offense of
leaving the scene of a traffic crash |
accident involving death or personal injury;
|
5. Perjury or the making of a false affidavit or |
statement under
oath to the Secretary of State under this |
Code or under any
other law relating to the ownership or |
operation of motor vehicles;
|
6. Conviction upon 3 charges of violation of Section |
11-503 of this
Code relating to the offense of reckless |
driving committed within a
period of 12 months;
|
7. Conviction of any offense
defined in
Section 4-102 |
of this Code if the person exercised actual physical |
control over the vehicle during the commission of the |
offense;
|
|
8. Violation of Section 11-504 of this Code relating |
to the offense
of drag racing;
|
9. Violation of Chapters 8 and 9 of this Code;
|
10. Violation of Section 12-5 of the Criminal Code of |
1961 or the Criminal Code of 2012 arising from
the use of a |
motor vehicle;
|
11. Violation of Section 11-204.1 of this Code |
relating to aggravated
fleeing or attempting to elude a |
peace officer;
|
12. Violation of paragraph (1) of subsection (b) of |
Section 6-507,
or a similar law of any other state, |
relating to the
unlawful operation of a commercial motor |
vehicle;
|
13. Violation of paragraph (a) of Section 11-502 of |
this Code or a
similar provision of a local ordinance if |
the driver has been previously
convicted of a violation of |
that Section or a similar provision of a local
ordinance |
and the driver was less than 21 years of age at the time of |
the
offense;
|
14. Violation of paragraph (a) of Section 11-506 of |
this Code or a similar provision of a local ordinance |
relating to the offense of street racing;
|
15. A second or subsequent conviction of driving while |
the person's driver's license, permit or privileges was |
revoked for reckless homicide or a similar out-of-state |
offense; |
|
16. Any offense against any provision in this Code, or |
any local ordinance, regulating the
movement of traffic |
when that offense was the proximate cause of the death of |
any person. Any person whose driving privileges have been |
revoked pursuant to this paragraph may seek to have the |
revocation terminated or to have the length of revocation |
reduced by requesting an administrative hearing with the |
Secretary of State prior to the projected driver's license |
application eligibility date; |
17. Violation of subsection (a-2) of Section 11-1301.3 |
of this Code or a similar provision of a local ordinance; |
18. A second or subsequent conviction of illegal |
possession, while operating or in actual physical control, |
as a driver, of a motor vehicle, of any controlled |
substance prohibited under the Illinois Controlled |
Substances Act, any cannabis prohibited under the Cannabis |
Control Act, or any methamphetamine prohibited under the |
Methamphetamine Control and Community Protection Act. A |
defendant found guilty of this offense while operating a |
motor vehicle
shall have an entry made in the court record |
by the presiding judge that
this offense did occur while |
the defendant was operating a motor vehicle
and order the |
clerk of the court to report the violation to the |
Secretary
of State; |
19. Violation of subsection (a) of Section 11-1414 of |
this Code, or a similar provision of a local ordinance, |
|
relating to the offense of overtaking or passing of a |
school bus when the driver, in committing the violation, |
is involved in a motor vehicle crash accident that results |
in death to another and the violation is a proximate cause |
of the death. |
(b) The Secretary of State shall also immediately revoke |
the license
or permit of any driver in the following |
situations:
|
1. Of any minor upon receiving the notice provided for |
in Section
5-901 of the Juvenile Court Act of 1987 that the |
minor has been
adjudicated under that Act as having |
committed an offense relating to
motor vehicles prescribed |
in Section 4-103 of this Code;
|
2. Of any person when any other law of this State |
requires either the
revocation or suspension of a license |
or permit;
|
3. Of any person adjudicated under the Juvenile Court |
Act of 1987 based on an offense determined to have been |
committed in furtherance of the criminal activities of an |
organized gang as provided in Section 5-710 of that Act, |
and that involved the operation or use of a motor vehicle |
or the use of a driver's license or permit. The revocation |
shall remain in effect for the period determined by the |
court. |
(c)(1) Whenever a person is convicted of any of the |
offenses enumerated in
this Section, the court may recommend |
|
and the Secretary of State in his
discretion, without regard |
to whether the recommendation is made by the
court may, upon |
application,
issue to the person a
restricted driving permit |
granting the privilege of driving a motor
vehicle between the |
petitioner's residence and petitioner's place
of employment or |
within the scope of the petitioner's employment related
|
duties, or to allow the petitioner to transport himself or |
herself or a family member
of the petitioner's household to a |
medical facility for the receipt of necessary medical care or |
to allow the
petitioner to transport himself or herself to and |
from alcohol or drug remedial or rehabilitative activity |
recommended by a licensed service provider, or to allow the
|
petitioner to transport himself or herself or a family member |
of the petitioner's household to classes, as a student, at an |
accredited educational
institution, or to allow the petitioner |
to transport children, elderly persons, or persons with |
disabilities who do not hold driving privileges and are living |
in the petitioner's household to and from daycare; if the |
petitioner is able to demonstrate that no alternative means
of |
transportation is reasonably available and that the petitioner |
will not endanger
the public safety or welfare; provided that |
the Secretary's discretion shall be
limited to cases where |
undue hardship, as defined by the rules of the Secretary of |
State, would result from a failure to issue the
restricted |
driving permit.
|
(1.5) A person subject to the provisions of paragraph 4 of |
|
subsection (b) of Section 6-208 of this Code may make |
application for a restricted driving permit at a hearing |
conducted under Section 2-118 of this Code after the |
expiration of 5 years from the effective date of the most |
recent revocation, or after 5 years from the date of release |
from a period of imprisonment resulting from a conviction of |
the most recent offense, whichever is later, provided the |
person, in addition to all other requirements of the |
Secretary, shows by clear and convincing evidence: |
(A) a minimum of 3 years of uninterrupted abstinence |
from alcohol and the unlawful use or consumption of |
cannabis under the Cannabis Control Act, a controlled |
substance under the Illinois Controlled Substances Act, an |
intoxicating compound under the Use of Intoxicating |
Compounds Act, or methamphetamine under the |
Methamphetamine Control and Community Protection Act; and |
(B) the successful completion of any rehabilitative |
treatment and involvement in any ongoing rehabilitative |
activity that may be recommended by a properly licensed |
service provider according to an assessment of the |
person's alcohol or drug use under Section 11-501.01 of |
this Code. |
In determining whether an applicant is eligible for a |
restricted driving permit under this paragraph (1.5), the |
Secretary may consider any relevant evidence, including, but |
not limited to, testimony, affidavits, records, and the |
|
results of regular alcohol or drug tests. Persons subject to |
the provisions of paragraph 4 of subsection (b) of Section |
6-208 of this Code and who have been convicted of more than one |
violation of paragraph (3), paragraph (4), or paragraph (5) of |
subsection (a) of Section 11-501 of this Code shall not be |
eligible to apply for a restricted driving permit. |
A restricted driving permit issued under this paragraph |
(1.5) shall provide that the holder may only operate motor |
vehicles equipped with an ignition interlock device as |
required under paragraph (2) of subsection (c) of this Section |
and subparagraph (A) of paragraph 3 of subsection (c) of |
Section 6-206 of this Code. The Secretary may revoke a |
restricted driving permit or amend the conditions of a |
restricted driving permit issued under this paragraph (1.5) if |
the holder operates a vehicle that is not equipped with an |
ignition interlock device, or for any other reason authorized |
under this Code. |
A restricted driving permit issued under this paragraph |
(1.5) shall be revoked, and the holder barred from applying |
for or being issued a restricted driving permit in the future, |
if the holder is subsequently convicted of a violation of |
Section 11-501 of this Code, a similar provision of a local |
ordinance, or a similar offense in another state. |
(2) If a person's license or permit is revoked or |
suspended due to 2 or
more convictions of violating Section |
11-501 of this Code or a similar
provision of a local ordinance |
|
or a similar out-of-state offense, or Section 9-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012, where the |
use of alcohol or other drugs is recited as an element of the |
offense, or a similar out-of-state offense, or a combination |
of these offenses, arising out
of separate occurrences, that |
person, if issued a restricted driving permit,
may not operate |
a vehicle unless it has been equipped with an ignition
|
interlock device as defined in Section 1-129.1.
|
(3) If:
|
(A) a person's license or permit is revoked or |
suspended 2 or more
times due to any combination of: |
(i)
a single conviction of violating Section
|
11-501 of this Code or a similar provision of a local |
ordinance or a similar
out-of-state offense, or |
Section 9-3 of the Criminal Code of 1961 or the |
Criminal Code of 2012, where the use of alcohol or |
other drugs is recited as an element of the offense, or |
a similar out-of-state offense; or |
(ii)
a statutory summary suspension or revocation |
under Section
11-501.1; or |
(iii)
a suspension pursuant to Section 6-203.1;
|
arising out of
separate occurrences; or |
(B)
a person has been convicted of one violation of |
subparagraph (C) or (F) of paragraph (1) of subsection (d) |
of Section 11-501 of this Code, Section 9-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012, |
|
relating to the offense of reckless homicide where the use |
of alcohol or other drugs was recited as an element of the |
offense, or a similar provision of a law of another state;
|
that person, if issued a restricted
driving permit, may not |
operate a vehicle unless it has been equipped with an
ignition |
interlock device as defined in Section 1-129.1. |
(4)
The person issued a permit conditioned on the use of an |
ignition interlock device must pay to the Secretary of State |
DUI Administration Fund an amount
not to exceed $30 per month. |
The Secretary shall establish by rule the amount
and the |
procedures, terms, and conditions relating to these fees. |
(5)
If the restricted driving permit is issued for |
employment purposes, then
the prohibition against operating a |
motor vehicle that is not equipped with an ignition interlock |
device does not apply to the operation of an occupational |
vehicle
owned or leased by that person's employer when used |
solely for employment purposes. For any person who, within a |
5-year period, is convicted of a second or subsequent offense |
under Section 11-501 of this Code, or a similar provision of a |
local ordinance or similar out-of-state offense, this |
employment exemption does not apply until either a one-year |
period has elapsed during which that person had his or her |
driving privileges revoked or a one-year period has elapsed |
during which that person had a restricted driving permit which |
required the use of an ignition interlock device on every |
motor vehicle owned or operated by that person. |
|
(6)
In each case the Secretary of State may issue a
|
restricted driving permit for a period he deems appropriate, |
except that the
permit shall expire no later than 2 years from |
the date of issuance. A restricted
driving permit issued under |
this Section shall be
subject to cancellation, revocation, and |
suspension by the Secretary of
State in like manner and for |
like cause as a driver's license issued
under this Code may be |
cancelled, revoked, or
suspended; except that a conviction |
upon one or more offenses against laws or
ordinances |
regulating the movement of traffic shall be deemed sufficient |
cause
for the revocation, suspension, or cancellation of a |
restricted driving permit.
The Secretary of State may, as a |
condition to the issuance of a restricted
driving permit, |
require the petitioner to participate in a designated driver
|
remedial or rehabilitative program. The Secretary of State is |
authorized to
cancel a restricted driving permit if the permit |
holder does not successfully
complete the program. However, if |
an individual's driving privileges have been
revoked in |
accordance with paragraph 13 of subsection (a) of this |
Section, no
restricted driving permit shall be issued until |
the individual has served 6
months of the revocation period.
|
(c-5) (Blank).
|
(c-6) If a person is convicted of a second violation of |
operating a motor vehicle while the person's driver's license, |
permit or privilege was revoked, where the revocation was for |
a violation of Section 9-3 of the Criminal Code of 1961 or the |
|
Criminal Code of 2012 relating to the offense of reckless |
homicide or a similar out-of-state offense, the person's |
driving privileges shall be revoked pursuant to subdivision |
(a)(15) of this Section. The person may not make application |
for a license or permit until the expiration of five years from |
the effective date of the revocation or the expiration of five |
years from the date of release from a term of imprisonment, |
whichever is later. |
(c-7) If a person is convicted of a third or subsequent |
violation of operating a motor vehicle while the person's |
driver's license, permit or privilege was revoked, where the |
revocation was for a violation of Section 9-3 of the Criminal |
Code of 1961 or the Criminal Code of 2012 relating to the |
offense of reckless homicide or a similar out-of-state |
offense, the person may never apply for a license or permit. |
(d)(1) Whenever a person under the age of 21 is convicted |
under Section
11-501 of this Code or a similar provision of a |
local ordinance or a similar out-of-state offense, the
|
Secretary of State shall revoke the driving privileges of that |
person. One
year after the date of revocation, and upon |
application, the Secretary of
State may, if satisfied that the |
person applying will not endanger the
public safety or |
welfare, issue a restricted driving permit granting the
|
privilege of driving a motor vehicle only between the hours of |
5 a.m. and 9
p.m. or as otherwise provided by this Section for |
a period of one year.
After this one-year period, and upon |
|
reapplication for a license as
provided in Section 6-106, upon |
payment of the appropriate reinstatement
fee provided under |
paragraph (b) of Section 6-118, the Secretary of State,
in his |
discretion, may
reinstate the petitioner's driver's license |
and driving privileges, or extend the restricted driving |
permit as many times as the
Secretary of State deems |
appropriate, by additional periods of not more than
24 months |
each.
|
(2) If a person's license or permit is revoked or |
suspended due to 2 or
more convictions of violating |
Section 11-501 of this Code or a similar
provision of a |
local ordinance or a similar out-of-state offense, or |
Section 9-3 of the Criminal Code of 1961 or the Criminal |
Code of 2012, where the use of alcohol or other drugs is |
recited as an element of the offense, or a similar |
out-of-state offense, or a combination of these offenses, |
arising out
of separate occurrences, that person, if |
issued a restricted driving permit,
may not operate a |
vehicle unless it has been equipped with an ignition
|
interlock device as defined in Section 1-129.1.
|
(3) If a person's license or permit is revoked or |
suspended 2 or more times
due to any combination of: |
(A) a single conviction of violating Section |
11-501
of this
Code or a similar provision of a local |
ordinance or a similar out-of-state
offense, or |
Section 9-3 of the Criminal Code of 1961 or the |
|
Criminal Code of 2012, where the use of alcohol or |
other drugs is recited as an element of the offense, or |
a similar out-of-state offense; or |
(B)
a statutory summary suspension or revocation |
under Section 11-501.1; or |
(C) a suspension pursuant to Section 6-203.1; |
arising out of separate occurrences, that person, if |
issued a
restricted
driving permit, may not operate a |
vehicle unless it has been equipped with an
ignition |
interlock device as defined in Section 1-129.1. |
(3.5) If a person's license or permit is revoked or |
suspended due to a conviction for a violation of |
subparagraph (C) or (F) of paragraph (1) of subsection (d) |
of Section 11-501 of this Code, or a similar provision of a |
local ordinance or similar out-of-state offense, that |
person, if issued a restricted driving permit, may not |
operate a vehicle unless it has been equipped with an |
ignition interlock device as defined in Section 1-129.1. |
(4)
The person issued a permit conditioned upon the |
use of an interlock device must pay to the Secretary of |
State DUI Administration Fund an amount
not to exceed $30 |
per month. The Secretary shall establish by rule the |
amount
and the procedures, terms, and conditions relating |
to these fees. |
(5)
If the restricted driving permit is issued for |
employment purposes, then
the prohibition against driving |
|
a vehicle that is not equipped with an ignition interlock |
device does not apply to the operation of an occupational |
vehicle
owned or leased by that person's employer when |
used solely for employment purposes. For any person who, |
within a 5-year period, is convicted of a second or |
subsequent offense under Section 11-501 of this Code, or a |
similar provision of a local ordinance or similar |
out-of-state offense, this employment exemption does not |
apply until either a one-year period has elapsed during |
which that person had his or her driving privileges |
revoked or a one-year period has elapsed during which that |
person had a restricted driving permit which required the |
use of an ignition interlock device on every motor vehicle |
owned or operated by that person. |
(6) A
restricted driving permit issued under this |
Section shall be subject to
cancellation, revocation, and |
suspension by the Secretary of State in like
manner and |
for like cause as a driver's license issued under this |
Code may be
cancelled, revoked, or suspended; except that |
a conviction upon one or more
offenses against laws or |
ordinances regulating the movement of traffic
shall be |
deemed sufficient cause for the revocation, suspension, or
|
cancellation of a restricted driving permit.
|
(d-5) The revocation of the license, permit, or driving |
privileges of a person convicted of a third or subsequent |
violation of Section 6-303 of this Code committed while his or |
|
her driver's license, permit, or privilege was revoked because |
of a violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of reckless |
homicide, or a similar provision of a law of another state, is |
permanent. The Secretary may not, at any time, issue a license |
or permit to that person.
|
(e) This Section is subject to the provisions of the |
Driver License
Compact.
|
(f) Any revocation imposed upon any person under |
subsections 2
and 3 of paragraph (b) that is in effect on |
December 31, 1988 shall be
converted to a suspension for a like |
period of time.
|
(g) The Secretary of State shall not issue a restricted |
driving permit to
a person under the age of 16 years whose |
driving privileges have been revoked
under any provisions of |
this Code.
|
(h) The Secretary of State shall require the use of |
ignition interlock
devices for a period not less than 5 years |
on all vehicles owned by a person who has been convicted of a
|
second or subsequent offense under Section 11-501 of this Code |
or a similar
provision of a local ordinance. The person must |
pay to the Secretary of State DUI Administration Fund an |
amount not to exceed $30 for each month that he or she uses the |
device. The Secretary shall establish by rule and
regulation |
the procedures for certification and use of the interlock
|
system, the amount of the fee, and the procedures, terms, and |
|
conditions relating to these fees. During the time period in |
which a person is required to install an ignition interlock |
device under this subsection (h), that person shall only |
operate vehicles in which ignition interlock devices have been |
installed, except as allowed by subdivision (c)(5) or (d)(5) |
of this Section. Regardless of whether an exemption under |
subdivision (c) (5) or (d) (5) applies, every person subject |
to this subsection shall not be eligible for reinstatement |
until the person installs an ignition interlock device and |
maintains the ignition interlock device for 5 years.
|
(i) (Blank).
|
(j) In accordance with 49 C.F.R. 384, the Secretary of |
State may not issue a restricted driving permit for the |
operation of a commercial motor vehicle to a person holding a |
CDL whose driving privileges have been revoked, suspended, |
cancelled, or disqualified under any provisions of this Code.
|
(k) The Secretary of State shall notify by mail any person |
whose driving privileges have been revoked under paragraph 16 |
of subsection (a) of this Section that his or her driving |
privileges and driver's license will be revoked 90 days from |
the date of the mailing of the notice. |
(Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21.)
|
(625 ILCS 5/6-206)
|
Sec. 6-206. Discretionary authority to suspend or revoke |
license or
permit; right to a hearing.
|
|
(a) The Secretary of State is authorized to suspend or |
revoke the
driving privileges of any person without |
preliminary hearing upon a showing
of the person's records or |
other sufficient evidence that
the person:
|
1. Has committed an offense for which mandatory |
revocation of
a driver's license or permit is required |
upon conviction;
|
2. Has been convicted of not less than 3 offenses |
against traffic
regulations governing the movement of |
vehicles committed within any 12-month period. No |
revocation or suspension shall be entered more than
6 |
months after the date of last conviction;
|
3. Has been repeatedly involved as a driver in motor |
vehicle
collisions or has been repeatedly convicted of |
offenses against laws and
ordinances regulating the |
movement of traffic, to a degree that
indicates lack of |
ability to exercise ordinary and reasonable care in
the |
safe operation of a motor vehicle or disrespect for the |
traffic laws
and the safety of other persons upon the |
highway;
|
4. Has by the unlawful operation of a motor vehicle |
caused or
contributed to a crash an accident resulting in |
injury requiring
immediate professional treatment in a |
medical facility or doctor's office
to any person, except |
that any suspension or revocation imposed by the
Secretary |
of State under the provisions of this subsection shall |
|
start no
later than 6 months after being convicted of |
violating a law or
ordinance regulating the movement of |
traffic, which violation is related
to the crash accident , |
or shall start not more than one year
after
the date of the |
crash accident , whichever date occurs later;
|
5. Has permitted an unlawful or fraudulent use of a |
driver's
license, identification card, or permit;
|
6. Has been lawfully convicted of an offense or |
offenses in another
state, including the authorization |
contained in Section 6-203.1, which
if committed within |
this State would be grounds for suspension or revocation;
|
7. Has refused or failed to submit to an examination |
provided for by
Section 6-207 or has failed to pass the |
examination;
|
8. Is ineligible for a driver's license or permit |
under the provisions
of Section 6-103;
|
9. Has made a false statement or knowingly concealed a |
material fact
or has used false information or |
identification in any application for a
license, |
identification card, or permit;
|
10. Has possessed, displayed, or attempted to |
fraudulently use any
license, identification card, or |
permit not issued to the person;
|
11. Has operated a motor vehicle upon a highway of |
this State when
the person's driving privilege or |
privilege to obtain a driver's license
or permit was |
|
revoked or suspended unless the operation was authorized |
by
a monitoring device driving permit, judicial driving |
permit issued prior to January 1, 2009, probationary |
license to drive, or restricted
driving permit issued |
under this Code;
|
12. Has submitted to any portion of the application |
process for
another person or has obtained the services of |
another person to submit to
any portion of the application |
process for the purpose of obtaining a
license, |
identification card, or permit for some other person;
|
13. Has operated a motor vehicle upon a highway of |
this State when
the person's driver's license or permit |
was invalid under the provisions of
Sections 6-107.1 and
|
6-110;
|
14. Has committed a violation of Section 6-301, |
6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or |
14B of the Illinois Identification Card
Act;
|
15. Has been convicted of violating Section 21-2 of |
the Criminal Code
of 1961 or the Criminal Code of 2012 |
relating to criminal trespass to vehicles if the person |
exercised actual physical control over the vehicle during |
the commission of the offense, in which case the |
suspension
shall be for one year;
|
16. Has been convicted of violating Section 11-204 of |
this Code relating
to fleeing from a peace officer;
|
17. Has refused to submit to a test, or tests, as |
|
required under Section
11-501.1 of this Code and the |
person has not sought a hearing as
provided for in Section |
11-501.1;
|
18. (Blank);
|
19. Has committed a violation of paragraph (a) or (b) |
of Section 6-101
relating to driving without a driver's |
license;
|
20. Has been convicted of violating Section 6-104 |
relating to
classification of driver's license;
|
21. Has been convicted of violating Section 11-402 of
|
this Code relating to leaving the scene of a crash an |
accident resulting in damage
to a vehicle in excess of |
$1,000, in which case the suspension shall be
for one |
year;
|
22. Has used a motor vehicle in violating paragraph |
(3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
the Criminal Code of 1961 or the Criminal Code of 2012 |
relating
to unlawful use of weapons, in which case the |
suspension shall be for one
year;
|
23. Has, as a driver, been convicted of committing a |
violation of
paragraph (a) of Section 11-502 of this Code |
for a second or subsequent
time within one year of a |
similar violation;
|
24. Has been convicted by a court-martial or punished |
by non-judicial
punishment by military authorities of the |
United States at a military
installation in Illinois or in |
|
another state of or for a traffic-related offense that is |
the
same as or similar to an offense specified under |
Section 6-205 or 6-206 of
this Code;
|
25. Has permitted any form of identification to be |
used by another in
the application process in order to |
obtain or attempt to obtain a license,
identification |
card, or permit;
|
26. Has altered or attempted to alter a license or has |
possessed an
altered license, identification card, or |
permit;
|
27. (Blank);
|
28. Has been convicted for a first time of the illegal |
possession, while operating or
in actual physical control, |
as a driver, of a motor vehicle, of any
controlled |
substance prohibited under the Illinois Controlled |
Substances
Act, any cannabis prohibited under the Cannabis |
Control
Act, or any methamphetamine prohibited under the |
Methamphetamine Control and Community Protection Act, in |
which case the person's driving privileges shall be |
suspended for
one year.
Any defendant found guilty of this |
offense while operating a motor vehicle
shall have an |
entry made in the court record by the presiding judge that
|
this offense did occur while the defendant was operating a |
motor vehicle
and order the clerk of the court to report |
the violation to the Secretary
of State;
|
29. Has been convicted of the following offenses that |
|
were committed
while the person was operating or in actual |
physical control, as a driver,
of a motor vehicle: |
criminal sexual assault,
predatory criminal sexual assault |
of a child,
aggravated criminal sexual
assault, criminal |
sexual abuse, aggravated criminal sexual abuse, juvenile
|
pimping, soliciting for a juvenile prostitute, promoting |
juvenile prostitution as described in subdivision (a)(1), |
(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code |
of 1961 or the Criminal Code of 2012, and the manufacture, |
sale or
delivery of controlled substances or instruments |
used for illegal drug use
or abuse in which case the |
driver's driving privileges shall be suspended
for one |
year;
|
30. Has been convicted a second or subsequent time for |
any
combination of the offenses named in paragraph 29 of |
this subsection,
in which case the person's driving |
privileges shall be suspended for 5
years;
|
31. Has refused to submit to a test as
required by |
Section 11-501.6 of this Code or Section 5-16c of the Boat |
Registration and Safety Act or has submitted to a test |
resulting in
an alcohol concentration of 0.08 or more or |
any amount of a drug, substance, or
compound resulting |
from the unlawful use or consumption of cannabis as listed
|
in the Cannabis Control Act, a controlled substance as |
listed in the Illinois
Controlled Substances Act, an |
intoxicating compound as listed in the Use of
Intoxicating |
|
Compounds Act, or methamphetamine as listed in the |
Methamphetamine Control and Community Protection Act, in |
which case the penalty shall be
as prescribed in Section |
6-208.1;
|
32. Has been convicted of Section 24-1.2 of the |
Criminal Code of
1961 or the Criminal Code of 2012 |
relating to the aggravated discharge of a firearm if the |
offender was
located in a motor vehicle at the time the |
firearm was discharged, in which
case the suspension shall |
be for 3 years;
|
33. Has as a driver, who was less than 21 years of age |
on the date of
the offense, been convicted a first time of |
a violation of paragraph (a) of
Section 11-502 of this |
Code or a similar provision of a local ordinance;
|
34. Has committed a violation of Section 11-1301.5 of |
this Code or a similar provision of a local ordinance;
|
35. Has committed a violation of Section 11-1301.6 of |
this Code or a similar provision of a local ordinance;
|
36. Is under the age of 21 years at the time of arrest |
and has been
convicted of not less than 2 offenses against |
traffic regulations governing
the movement of vehicles |
committed within any 24-month period. No revocation
or |
suspension shall be entered more than 6 months after the |
date of last
conviction;
|
37. Has committed a violation of subsection (c) of |
Section 11-907 of this
Code that resulted in damage to the |
|
property of another or the death or injury of another;
|
38. Has been convicted of a violation of Section 6-20 |
of the Liquor
Control Act of 1934 or a similar provision of |
a local ordinance and the person was an occupant of a motor |
vehicle at the time of the violation;
|
39. Has committed a second or subsequent violation of |
Section
11-1201 of this Code;
|
40. Has committed a violation of subsection (a-1) of |
Section 11-908 of
this Code; |
41. Has committed a second or subsequent violation of |
Section 11-605.1 of this Code, a similar provision of a |
local ordinance, or a similar violation in any other state |
within 2 years of the date of the previous violation, in |
which case the suspension shall be for 90 days; |
42. Has committed a violation of subsection (a-1) of |
Section 11-1301.3 of this Code or a similar provision of a |
local ordinance;
|
43. Has received a disposition of court supervision |
for a violation of subsection (a), (d), or (e) of Section |
6-20 of the Liquor
Control Act of 1934 or a similar |
provision of a local ordinance and the person was an |
occupant of a motor vehicle at the time of the violation, |
in which case the suspension shall be for a period of 3 |
months;
|
44.
Is under the age of 21 years at the time of arrest |
and has been convicted of an offense against traffic |
|
regulations governing the movement of vehicles after |
having previously had his or her driving privileges
|
suspended or revoked pursuant to subparagraph 36 of this |
Section; |
45.
Has, in connection with or during the course of a |
formal hearing conducted under Section 2-118 of this Code: |
(i) committed perjury; (ii) submitted fraudulent or |
falsified documents; (iii) submitted documents that have |
been materially altered; or (iv) submitted, as his or her |
own, documents that were in fact prepared or composed for |
another person; |
46. Has committed a violation of subsection (j) of |
Section 3-413 of this Code;
|
47. Has committed a violation of subsection (a) of |
Section 11-502.1 of this Code; |
48. Has submitted a falsified or altered medical |
examiner's certificate to the Secretary of State or |
provided false information to obtain a medical examiner's |
certificate; |
49. Has been convicted of a violation of Section |
11-1002 or 11-1002.5 that resulted in a Type A injury to |
another, in which case the driving privileges of the |
person shall be suspended for 12 months; or |
50. Has committed a violation of subsection (b-5) of |
Section 12-610.2 that resulted in great bodily harm, |
permanent disability, or disfigurement, in which case the |
|
driving privileges of the person shall be suspended for 12 |
months. ; or 50 |
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
and 27 of this
subsection, license means any driver's license, |
any traffic ticket issued when
the person's driver's license |
is deposited in lieu of bail, a suspension
notice issued by the |
Secretary of State, a duplicate or corrected driver's
license, |
a probationary driver's license, or a temporary driver's |
license. |
(b) If any conviction forming the basis of a suspension or
|
revocation authorized under this Section is appealed, the
|
Secretary of State may rescind or withhold the entry of the |
order of suspension
or revocation, as the case may be, |
provided that a certified copy of a stay
order of a court is |
filed with the Secretary of State. If the conviction is
|
affirmed on appeal, the date of the conviction shall relate |
back to the time
the original judgment of conviction was |
entered and the 6-month limitation
prescribed shall not apply.
|
(c) 1. Upon suspending or revoking the driver's license or |
permit of
any person as authorized in this Section, the |
Secretary of State shall
immediately notify the person in |
writing of the revocation or suspension.
The notice to be |
deposited in the United States mail, postage prepaid,
to the |
last known address of the person.
|
2. If the Secretary of State suspends the driver's license
|
of a person under subsection 2 of paragraph (a) of this |
|
Section, a
person's privilege to operate a vehicle as an |
occupation shall not be
suspended, provided an affidavit is |
properly completed, the appropriate fee
received, and a permit |
issued prior to the effective date of the
suspension, unless 5 |
offenses were committed, at least 2 of which occurred
while |
operating a commercial vehicle in connection with the driver's
|
regular occupation. All other driving privileges shall be |
suspended by the
Secretary of State. Any driver prior to |
operating a vehicle for
occupational purposes only must submit |
the affidavit on forms to be
provided by the Secretary of State |
setting forth the facts of the person's
occupation. The |
affidavit shall also state the number of offenses
committed |
while operating a vehicle in connection with the driver's |
regular
occupation. The affidavit shall be accompanied by the |
driver's license.
Upon receipt of a properly completed |
affidavit, the Secretary of State
shall issue the driver a |
permit to operate a vehicle in connection with the
driver's |
regular occupation only. Unless the permit is issued by the
|
Secretary of State prior to the date of suspension, the |
privilege to drive
any motor vehicle shall be suspended as set |
forth in the notice that was
mailed under this Section. If an |
affidavit is received subsequent to the
effective date of this |
suspension, a permit may be issued for the remainder
of the |
suspension period.
|
The provisions of this subparagraph shall not apply to any |
driver
required to possess a CDL for the purpose of operating a |
|
commercial motor vehicle.
|
Any person who falsely states any fact in the affidavit |
required
herein shall be guilty of perjury under Section 6-302 |
and upon conviction
thereof shall have all driving privileges |
revoked without further rights.
|
3. At the conclusion of a hearing under Section 2-118 of |
this Code,
the Secretary of State shall either rescind or |
continue an order of
revocation or shall substitute an order |
of suspension; or, good
cause appearing therefor, rescind, |
continue, change, or extend the
order of suspension. If the |
Secretary of State does not rescind the order,
the Secretary |
may upon application,
to relieve undue hardship (as defined by |
the rules of the Secretary of State), issue
a restricted |
driving permit granting the privilege of driving a motor
|
vehicle between the petitioner's residence and petitioner's |
place of
employment or within the scope of the petitioner's |
employment-related duties, or to
allow the petitioner to |
transport himself or herself, or a family member of the
|
petitioner's household to a medical facility, to receive |
necessary medical care, to allow the petitioner to transport |
himself or herself to and from alcohol or drug
remedial or |
rehabilitative activity recommended by a licensed service |
provider, or to allow the petitioner to transport himself or |
herself or a family member of the petitioner's household to |
classes, as a student, at an accredited educational |
institution, or to allow the petitioner to transport children, |
|
elderly persons, or persons with disabilities who do not hold |
driving privileges and are living in the petitioner's |
household to and from daycare. The
petitioner must demonstrate |
that no alternative means of
transportation is reasonably |
available and that the petitioner will not endanger
the public |
safety or welfare.
|
(A) If a person's license or permit is revoked or |
suspended due to 2
or more convictions of violating |
Section 11-501 of this Code or a similar
provision of a |
local ordinance or a similar out-of-state offense, or |
Section 9-3 of the Criminal Code of 1961 or the Criminal |
Code of 2012, where the use of alcohol or other drugs is |
recited as an element of the offense, or a similar |
out-of-state offense, or a combination of these offenses, |
arising out
of separate occurrences, that person, if |
issued a restricted driving permit,
may not operate a |
vehicle unless it has been equipped with an ignition
|
interlock device as defined in Section 1-129.1.
|
(B) If a person's license or permit is revoked or |
suspended 2 or more
times due to any combination of: |
(i) a single conviction of violating Section
|
11-501 of this Code or a similar provision of a local |
ordinance or a similar
out-of-state offense or Section |
9-3 of the Criminal Code of 1961 or the Criminal Code |
of 2012, where the use of alcohol or other drugs is |
recited as an element of the offense, or a similar |
|
out-of-state offense; or |
(ii) a statutory summary suspension or revocation |
under Section
11-501.1; or |
(iii) a suspension under Section 6-203.1; |
arising out of
separate occurrences; that person, if |
issued a restricted driving permit, may
not operate a |
vehicle unless it has been
equipped with an ignition |
interlock device as defined in Section 1-129.1. |
(B-5) If a person's license or permit is revoked or |
suspended due to a conviction for a violation of |
subparagraph (C) or (F) of paragraph (1) of subsection (d) |
of Section 11-501 of this Code, or a similar provision of a |
local ordinance or similar out-of-state offense, that |
person, if issued a restricted driving permit, may not |
operate a vehicle unless it has been equipped with an |
ignition interlock device as defined in Section 1-129.1. |
(C)
The person issued a permit conditioned upon the |
use of an ignition interlock device must pay to the |
Secretary of State DUI Administration Fund an amount
not |
to exceed $30 per month. The Secretary shall establish by |
rule the amount
and the procedures, terms, and conditions |
relating to these fees. |
(D) If the
restricted driving permit is issued for |
employment purposes, then the prohibition against |
operating a motor vehicle that is not equipped with an |
ignition interlock device does not apply to the operation |
|
of an occupational vehicle owned or
leased by that |
person's employer when used solely for employment |
purposes. For any person who, within a 5-year period, is |
convicted of a second or subsequent offense under Section |
11-501 of this Code, or a similar provision of a local |
ordinance or similar out-of-state offense, this employment |
exemption does not apply until either a one-year period |
has elapsed during which that person had his or her |
driving privileges revoked or a one-year period has |
elapsed during which that person had a restricted driving |
permit which required the use of an ignition interlock |
device on every motor vehicle owned or operated by that |
person. |
(E) In each case the Secretary may issue a
restricted |
driving permit for a period deemed appropriate, except |
that all
permits shall expire no later than 2 years from |
the date of issuance. A
restricted driving permit issued |
under this Section shall be subject to
cancellation, |
revocation, and suspension by the Secretary of State in |
like
manner and for like cause as a driver's license |
issued under this Code may be
cancelled, revoked, or |
suspended; except that a conviction upon one or more
|
offenses against laws or ordinances regulating the |
movement of traffic
shall be deemed sufficient cause for |
the revocation, suspension, or
cancellation of a |
restricted driving permit. The Secretary of State may, as
|
|
a condition to the issuance of a restricted driving |
permit, require the
applicant to participate in a |
designated driver remedial or rehabilitative
program. The |
Secretary of State is authorized to cancel a restricted
|
driving permit if the permit holder does not successfully |
complete the program.
|
(F) A person subject to the provisions of paragraph 4 |
of subsection (b) of Section 6-208 of this Code may make |
application for a restricted driving permit at a hearing |
conducted under Section 2-118 of this Code after the |
expiration of 5 years from the effective date of the most |
recent revocation or after 5 years from the date of |
release from a period of imprisonment resulting from a |
conviction of the most recent offense, whichever is later, |
provided the person, in addition to all other requirements |
of the Secretary, shows by clear and convincing evidence: |
(i) a minimum of 3 years of uninterrupted |
abstinence from alcohol and the unlawful use or |
consumption of cannabis under the Cannabis Control |
Act, a controlled substance under the Illinois |
Controlled Substances Act, an intoxicating compound |
under the Use of Intoxicating Compounds Act, or |
methamphetamine under the Methamphetamine Control and |
Community Protection Act; and |
(ii) the successful completion of any |
rehabilitative treatment and involvement in any |
|
ongoing rehabilitative activity that may be |
recommended by a properly licensed service provider |
according to an assessment of the person's alcohol or |
drug use under Section 11-501.01 of this Code. |
In determining whether an applicant is eligible for a |
restricted driving permit under this subparagraph (F), the |
Secretary may consider any relevant evidence, including, |
but not limited to, testimony, affidavits, records, and |
the results of regular alcohol or drug tests. Persons |
subject to the provisions of paragraph 4 of subsection (b) |
of Section 6-208 of this Code and who have been convicted |
of more than one violation of paragraph (3), paragraph |
(4), or paragraph (5) of subsection (a) of Section 11-501 |
of this Code shall not be eligible to apply for a |
restricted driving permit under this subparagraph (F). |
A restricted driving permit issued under this |
subparagraph (F) shall provide that the holder may only |
operate motor vehicles equipped with an ignition interlock |
device as required under paragraph (2) of subsection (c) |
of Section 6-205 of this Code and subparagraph (A) of |
paragraph 3 of subsection (c) of this Section. The |
Secretary may revoke a restricted driving permit or amend |
the conditions of a restricted driving permit issued under |
this subparagraph (F) if the holder operates a vehicle |
that is not equipped with an ignition interlock device, or |
for any other reason authorized under this Code. |
|
A restricted driving permit issued under this |
subparagraph (F) shall be revoked, and the holder barred |
from applying for or being issued a restricted driving |
permit in the future, if the holder is convicted of a |
violation of Section 11-501 of this Code, a similar |
provision of a local ordinance, or a similar offense in |
another state. |
(c-3) In the case of a suspension under paragraph 43 of |
subsection (a), reports received by the Secretary of State |
under this Section shall, except during the actual time the |
suspension is in effect, be privileged information and for use |
only by the courts, police officers, prosecuting authorities, |
the driver licensing administrator of any other state, the |
Secretary of State, or the parent or legal guardian of a driver |
under the age of 18. However, beginning January 1, 2008, if the |
person is a CDL holder, the suspension shall also be made |
available to the driver licensing administrator of any other |
state, the U.S. Department of Transportation, and the affected |
driver or motor
carrier or prospective motor carrier upon |
request.
|
(c-4) In the case of a suspension under paragraph 43 of |
subsection (a), the Secretary of State shall notify the person |
by mail that his or her driving privileges and driver's |
license will be suspended one month after the date of the |
mailing of the notice.
|
(c-5) The Secretary of State may, as a condition of the |
|
reissuance of a
driver's license or permit to an applicant |
whose driver's license or permit has
been suspended before he |
or she reached the age of 21 years pursuant to any of
the |
provisions of this Section, require the applicant to |
participate in a
driver remedial education course and be |
retested under Section 6-109 of this
Code.
|
(d) This Section is subject to the provisions of the |
Driver License
Compact.
|
(e) The Secretary of State shall not issue a restricted |
driving permit to
a person under the age of 16 years whose |
driving privileges have been suspended
or revoked under any |
provisions of this Code.
|
(f) In accordance with 49 C.F.R. 384, the Secretary of |
State may not issue a restricted driving permit for the |
operation of a commercial motor vehicle to a person holding a |
CDL whose driving privileges have been suspended, revoked, |
cancelled, or disqualified under any provisions of this Code. |
(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; |
101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. |
8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
|
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) |
Sec. 6-208.1. Period of statutory summary alcohol, other |
drug,
or intoxicating compound related suspension or |
revocation. |
(a) Unless the statutory summary suspension has been |
|
rescinded, any
person whose privilege to drive a motor vehicle |
on the public highways has
been summarily suspended, pursuant |
to Section 11-501.1, shall not be
eligible for restoration of |
the privilege until the expiration of: |
1. twelve months from the effective date of the |
statutory summary suspension
for a refusal or failure to |
complete a test or tests to determine the alcohol, other |
drug, or intoxicating compound concentration under
Section |
11-501.1, if the person was not involved in a motor |
vehicle crash accident that caused personal injury or |
death to another; or |
2. six months from the effective date of the statutory |
summary
suspension imposed following the person's |
submission to a chemical test
which disclosed an alcohol |
concentration of 0.08 or more, the presence of cannabis as |
listed in the Cannabis Control Act with a |
tetrahydrocannabinol concentration as defined in paragraph |
6 of subsection (a) of Section 11-501.2 of this Code, or |
any
amount
of a
drug, substance, or intoxicating compound |
in such person's
breath, blood, other bodily substance, or
|
urine resulting
from the unlawful use or consumption of a |
controlled substance listed in the Illinois
Controlled
|
Substances Act, an intoxicating compound listed in the Use |
of Intoxicating
Compounds Act, or methamphetamine as |
listed in the Methamphetamine Control and Community |
Protection Act, pursuant to Section 11-501.1; or |
|
3. three years from the effective date of the |
statutory summary suspension
for any person other than a |
first offender who refuses or fails to
complete a test or |
tests to determine the alcohol, drug, or
intoxicating
|
compound concentration
pursuant to Section 11-501.1; or |
4. one year from the effective date of the summary |
suspension imposed
for any person other than a first |
offender following submission to a
chemical test which |
disclosed an alcohol concentration of 0.08 or
more
|
pursuant to Section 11-501.1, the presence of cannabis as |
listed in the Cannabis Control Act with a |
tetrahydrocannabinol concentration as defined in paragraph |
6 of subsection (a) of Section 11-501.2 of this Code, or |
any amount of a drug, substance or
compound in such |
person's blood, other bodily substance, or urine resulting |
from the unlawful use or
consumption of a
controlled
|
substance listed in the Illinois Controlled Substances |
Act, an
intoxicating
compound listed in the Use of |
Intoxicating Compounds Act, or methamphetamine as listed |
in the Methamphetamine Control and Community Protection |
Act; or |
5. (Blank). |
(b) Following a statutory summary suspension of the |
privilege to drive a
motor vehicle under Section 11-501.1, |
driving privileges shall be
restored unless the person is |
otherwise suspended, revoked, or cancelled by this Code. If
|
|
the court has reason to believe that the person's
driving |
privilege should not be restored, the court shall notify
the |
Secretary of State prior to the expiration of the statutory |
summary
suspension so appropriate action may be taken pursuant |
to this Code. |
(c) Driving privileges may not be restored until all |
applicable
reinstatement fees, as provided by this Code, have |
been paid to the Secretary
of State and the appropriate entry |
made to the driver's record. |
(d) Where a driving privilege has been summarily suspended |
or revoked under Section
11-501.1 and the person is |
subsequently convicted of violating Section
11-501, or a |
similar provision of a local ordinance, for the same incident,
|
any period served on statutory summary suspension or |
revocation shall be credited toward
the minimum period of |
revocation of driving privileges imposed pursuant to
Section |
6-205. |
(e) A first offender who refused chemical testing and |
whose driving privileges were summarily revoked pursuant to |
Section 11-501.1 shall not be eligible for a monitoring device |
driving permit, but may make application for reinstatement or |
for a restricted driving permit after a period of one year has |
elapsed from the effective date of the revocation. |
(f) (Blank). |
(g) (Blank). |
(h) (Blank). |
|
(Source: P.A. 98-122, eff. 1-1-14; 98-1015, eff. 8-22-14; |
98-1172, eff. 1-12-15; 99-467, eff. 1-1-16; 99-697, eff. |
7-29-16.)
|
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
|
Sec. 6-303. Driving while driver's license, permit, or |
privilege to
operate a motor vehicle is suspended or revoked.
|
(a) Except as otherwise provided in subsection (a-5) or |
(a-7), any person who drives or is in actual physical control |
of a motor
vehicle on any highway of this State at a time when |
such person's driver's
license, permit, or privilege to do so |
or the privilege to obtain a driver's
license or permit is |
revoked or suspended as provided by this Code or the law
of |
another state, except as may be specifically allowed by a |
judicial driving
permit issued prior to January 1, 2009, |
monitoring device driving permit, family financial |
responsibility driving permit, probationary
license to drive, |
or a restricted driving permit issued pursuant to this Code
or |
under the law of another state, shall be guilty of a Class A |
misdemeanor.
|
(a-3) A second or subsequent violation of subsection (a) |
of this Section is a Class 4 felony if committed by a person |
whose driving or operation of a motor vehicle is the proximate |
cause of a motor vehicle crash accident that causes personal |
injury or death to another. For purposes of this subsection, a |
personal injury includes any Type A injury as indicated on the |
|
traffic crash accident report completed by a law enforcement |
officer that requires immediate professional attention in |
either a doctor's office or a medical facility. A Type A injury |
includes severe bleeding wounds, distorted extremities, and |
injuries that require the injured party to be carried from the |
scene. |
(a-5) Any person who violates this Section as provided in |
subsection (a) while his or her driver's license, permit, or |
privilege is revoked because of a violation of Section 9-3 of |
the Criminal Code of 1961 or the Criminal Code of 2012, |
relating to the offense of reckless homicide, or a violation |
of subparagraph (F) of paragraph (1) of subsection (d) of |
Section 11-501 of this Code, relating to the offense of |
aggravated driving under the influence of alcohol, other drug |
or drugs, or intoxicating compound or compounds, or any |
combination thereof when the violation was a proximate cause |
of a death, or a similar provision of a law of another state, |
is guilty of a Class 4 felony. The person shall be required to |
undergo a professional evaluation, as provided in Section |
11-501 of this Code, to determine if an alcohol, drug, or |
intoxicating compound problem exists and the extent of the |
problem, and to undergo the imposition of treatment as |
appropriate.
|
(a-7) Any person who violates this Section as provided in |
subsection (a) while his or her driver's license or privilege |
to drive is suspended under Section 6-306.5 or 7-702 of this |
|
Code shall receive a Uniform Traffic Citation from the law |
enforcement officer. A person who receives 3 or more Uniform |
Traffic Citations under this subsection (a-7) without paying |
any fees associated with the citations shall be guilty of a |
Class A misdemeanor. |
(a-10) A person's driver's license, permit, or privilege |
to obtain a driver's license or permit may be subject to |
multiple revocations, multiple suspensions, or any combination |
of both simultaneously. No revocation or suspension shall |
serve to negate, invalidate, cancel, postpone, or in any way |
lessen the effect of any other revocation or suspension |
entered prior or subsequent to any other revocation or |
suspension. |
(b) (Blank). |
(b-1) Except for a person under subsection (a-7) of this |
Section, upon receiving a report of the conviction of any |
violation indicating a person was operating a motor vehicle |
during the time when the person's driver's license, permit, or |
privilege was suspended by the Secretary of State or the |
driver's licensing administrator of another state, except as |
specifically allowed by a probationary license, judicial |
driving permit, restricted driving permit, or monitoring |
device driving permit, the Secretary shall extend the |
suspension for the same period of time as the originally |
imposed suspension unless the suspension has already expired, |
in which case the Secretary shall be authorized to suspend the |
|
person's driving privileges for the same period of time as the |
originally imposed suspension. |
(b-2) Except as provided in subsection (b-6) or (a-7), |
upon receiving a report of the conviction of any violation |
indicating a person was operating a motor vehicle when the |
person's driver's license, permit, or privilege was revoked by |
the Secretary of State or the driver's license administrator |
of any other state, except as specifically allowed by a |
restricted driving permit issued pursuant to this Code or the |
law of another state, the Secretary shall not issue a driver's |
license for an additional period of one year from the date of |
such conviction indicating such person was operating a vehicle |
during such period of revocation. |
(b-3) (Blank).
|
(b-4) When the Secretary of State receives a report of a |
conviction of any violation indicating a person was operating |
a motor vehicle that was not equipped with an ignition |
interlock device during a time when the person was prohibited |
from operating a motor vehicle not equipped with such a |
device, the Secretary shall not issue a driver's license to |
that person for an additional period of one year from the date |
of the conviction.
|
(b-5) Any person convicted of violating this Section shall |
serve a minimum
term of imprisonment of 30 consecutive days or |
300
hours of community service
when the person's driving |
privilege was revoked or suspended as a result of a violation |
|
of Section 9-3 of the Criminal Code of 1961 or the Criminal |
Code of 2012,
relating to the offense of reckless homicide, or |
a violation of subparagraph (F) of paragraph (1) of subsection |
(d) of Section 11-501 of this Code, relating to the offense of |
aggravated driving under the influence of alcohol, other drug |
or drugs, or intoxicating compound or compounds, or any |
combination thereof when the violation was a proximate cause |
of a death, or a similar provision of a law of another state.
|
The court may give credit toward the fulfillment of community |
service hours for participation in activities and treatment as |
determined by court services. |
(b-6) Upon receiving a report of a first conviction of |
operating a motor vehicle while the person's driver's license, |
permit, or privilege was revoked where the revocation was for |
a violation of Section 9-3 of the Criminal Code of 1961 or the |
Criminal Code of 2012 relating to the offense of reckless |
homicide, or a violation of subparagraph (F) of paragraph (1) |
of subsection (d) of Section 11-501 of this Code, relating to |
the offense of aggravated driving under the influence of |
alcohol, other drug or drugs, or intoxicating compound or |
compounds, or any combination thereof when the violation was a |
proximate cause of a death, or a similar out-of-state offense, |
the Secretary shall not issue a driver's license for an |
additional period of 3 years from the date of such conviction. |
(c) Except as provided in subsections (c-3) and (c-4), any |
person convicted of violating this Section shall serve a |
|
minimum
term of imprisonment of 10 consecutive days or 30
days |
of community service
when the person's driving privilege was |
revoked or suspended as a result of:
|
(1) a violation of Section 11-501 of this Code or a |
similar provision
of a local ordinance relating to the |
offense of operating or being in physical
control of a |
vehicle while under the influence of alcohol, any other |
drug
or any combination thereof; or
|
(2) a violation of paragraph (b) of Section 11-401 of |
this Code or a
similar provision of a local ordinance |
relating to the offense of leaving the
scene of a motor |
vehicle crash accident involving personal injury or death; |
or
|
(3)
a statutory summary suspension or revocation under |
Section 11-501.1 of this
Code.
|
Such sentence of imprisonment or community service shall |
not be subject
to suspension in order to reduce such sentence.
|
(c-1) Except as provided in subsections (a-7), (c-5), and |
(d), any person convicted of a
second violation of this |
Section shall be ordered by the court to serve a
minimum
of 100 |
hours of community service. The court may give credit toward |
the fulfillment of community service hours for participation |
in activities and treatment as determined by court services.
|
(c-2) In addition to other penalties imposed under this |
Section, the
court may impose on any person convicted a fourth |
time of violating this
Section any of
the following:
|
|
(1) Seizure of the license plates of the person's |
vehicle.
|
(2) Immobilization of the person's vehicle for a |
period of time
to be determined by the court.
|
(c-3) Any person convicted of a violation of this Section |
during a period of summary suspension imposed pursuant to |
Section 11-501.1 when the person was eligible for a monitoring |
device driving permit shall be guilty of a Class 4 felony and |
shall serve a minimum term of imprisonment of 30 days. |
(c-4) Any person who has been issued a monitoring device |
driving permit or a restricted driving permit which requires |
the person to operate only motor vehicles equipped with an |
ignition interlock device and who is convicted of a violation |
of this Section as a result of operating or being in actual |
physical control of a motor vehicle not equipped with an |
ignition interlock device at the time of the offense shall be |
guilty of a Class 4 felony and shall serve a minimum term of |
imprisonment of 30 days.
|
(c-5) Any person convicted of a second violation of this
|
Section is guilty of a Class 2 felony, is not eligible for |
probation or conditional discharge, and shall serve a |
mandatory term of
imprisonment, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked for a violation |
of Section 9-3 of the Criminal Code of 1961 or the Criminal |
Code of 2012, relating
to the offense of reckless |
|
homicide, or a violation of subparagraph (F) of paragraph |
(1) of subsection (d) of Section 11-501 of this Code, |
relating to the offense of aggravated driving under the |
influence of alcohol, other drug or drugs, or intoxicating |
compound or compounds, or any combination thereof when the |
violation was a proximate cause of a death, or a similar |
out-of-state offense; and |
(2) the prior conviction under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 9-3 of the Criminal |
Code of 1961 or the Criminal Code of 2012 relating to the |
offense of reckless homicide, or a violation of |
subparagraph (F) of paragraph (1) of subsection (d) of |
Section 11-501 of this Code, relating to the offense of |
aggravated driving under the influence of alcohol, other |
drug or drugs, or intoxicating compound or compounds, or |
any combination thereof when the violation was a proximate |
cause of a death, or a similar out-of-state offense, or |
was suspended or revoked for a violation of Section 11-401 |
or 11-501 of this Code, a similar out-of-state offense, a |
similar provision of a local ordinance, or a statutory |
summary suspension or revocation under Section 11-501.1 of |
this Code.
|
(d) Any person convicted of a second violation of this
|
Section shall be guilty of a Class 4 felony and shall serve a |
minimum term of
imprisonment of 30 days or 300 hours of |
|
community service, as determined by the
court, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked for a violation |
of Section 11-401 or 11-501 of this Code,
a similar |
out-of-state offense, a similar provision of a local
|
ordinance, or a
statutory summary suspension or revocation |
under Section 11-501.1 of this Code; and |
(2) the prior conviction under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of |
this Code, a similar out-of-state offense, a similar |
provision of a local ordinance, or a statutory summary |
suspension or revocation under Section 11-501.1 of this |
Code, or for a violation of Section 9-3 of the Criminal |
Code of 1961 or the Criminal Code of 2012, relating to the |
offense of reckless homicide, or a violation of |
subparagraph (F) of paragraph (1) of subsection (d) of |
Section 11-501 of this Code, relating to the offense of |
aggravated driving under the influence of alcohol, other |
drug or drugs, or intoxicating compound or compounds, or |
any combination thereof when the violation was a proximate |
cause of a death, or a similar out-of-state offense.
|
The court may give credit toward the fulfillment of |
community service hours for participation in activities and |
treatment as determined by court services. |
(d-1) Except as provided in subsections (a-7), (d-2), |
|
(d-2.5), and (d-3), any
person convicted of
a third or |
subsequent violation of this Section shall serve a minimum |
term of
imprisonment of 30 days or 300 hours of community |
service, as determined by the
court. The court may give credit |
toward the fulfillment of community service hours for |
participation in activities and treatment as determined by |
court services.
|
(d-2) Any person convicted of a third violation of this
|
Section is guilty of a Class 4 felony and must serve a minimum |
term of
imprisonment of 30 days, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked for a violation |
of Section 11-401 or 11-501 of this Code,
or a similar |
out-of-state offense, or a similar provision of a local
|
ordinance, or a
statutory summary suspension or revocation |
under Section 11-501.1 of this Code; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of |
this Code, a similar out-of-state offense, a similar |
provision of a local ordinance, or a statutory summary |
suspension or revocation under Section 11-501.1 of this |
Code, or for a violation of Section 9-3 of the Criminal |
Code of 1961 or the Criminal Code of 2012, relating to the |
offense of reckless homicide, or a violation of |
subparagraph (F) of paragraph (1) of subsection (d) of |
|
Section 11-501 of this Code, relating to the offense of |
aggravated driving under the influence of alcohol, other |
drug or drugs, or intoxicating compound or compounds, or |
any combination thereof when the violation was a proximate |
cause of a death, or a similar out-of-state offense.
|
(d-2.5) Any person convicted of a third violation of this
|
Section is guilty of a Class 1 felony, is not eligible for |
probation or conditional discharge, and must serve a mandatory |
term of
imprisonment, if: |
(1) the current violation occurred while the person's |
driver's license was suspended or revoked for a violation |
of Section 9-3 of the Criminal Code of 1961 or the Criminal |
Code of 2012, relating to the offense of reckless |
homicide, or a violation of subparagraph (F) of paragraph |
(1) of subsection (d) of Section 11-501 of this Code, |
relating to the offense of aggravated driving under the |
influence of alcohol, other drug or drugs, or intoxicating |
compound or compounds, or any combination thereof when the |
violation was a proximate cause of a death, or a similar |
out-of-state offense.
The person's driving privileges |
shall be revoked for the remainder of the person's life; |
and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 9-3 of the Criminal |
Code of 1961 or the Criminal Code of 2012, relating to the |
|
offense of reckless homicide, or a violation of |
subparagraph (F) of paragraph (1) of subsection (d) of |
Section 11-501 of this Code, relating to the offense of |
aggravated driving under the influence of alcohol, other |
drug or drugs, or intoxicating compound or compounds, or |
any combination thereof when the violation was a proximate |
cause of a death, or a similar out-of-state offense, or |
was suspended or revoked for a violation of Section 11-401 |
or 11-501 of this Code, a similar out-of-state offense, a |
similar provision of a local ordinance, or a statutory |
summary suspension or revocation under Section 11-501.1 of |
this Code. |
(d-3) Any person convicted of a fourth, fifth, sixth, |
seventh, eighth, or ninth violation of this
Section is guilty |
of a Class 4 felony and must serve a minimum term of
|
imprisonment of 180 days, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked for a
violation |
of Section 11-401 or 11-501 of this Code, a similar |
out-of-state
offense, a similar provision of a local |
ordinance, or a statutory
summary suspension or revocation |
under Section 11-501.1 of this Code; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of |
this Code, a similar out-of-state offense, a similar |
|
provision of a local ordinance, or a statutory summary |
suspension or revocation under Section 11-501.1 of this |
Code, or for a violation of Section 9-3 of the Criminal |
Code of 1961 or the Criminal Code of 2012, relating to the |
offense of reckless homicide, or a violation of |
subparagraph (F) of paragraph (1) of subsection (d) of |
Section 11-501 of this Code, relating to the offense of |
aggravated driving under the influence of alcohol, other |
drug or drugs, or intoxicating compound or compounds, or |
any combination thereof when the violation was a proximate |
cause of a death, or a similar out-of-state offense.
|
(d-3.5) Any person convicted of a fourth or subsequent |
violation of this
Section is guilty of a Class 1 felony, is not |
eligible for probation or conditional discharge, must serve a |
mandatory term of
imprisonment, and is eligible for an |
extended term, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked for a
violation |
of Section 9-3 of the Criminal Code of 1961 or the Criminal |
Code of 2012, relating to the offense of reckless |
homicide, or a violation of subparagraph (F) of paragraph |
(1) of subsection (d) of Section 11-501 of this Code, |
relating to the offense of aggravated driving under the |
influence of alcohol, other drug or drugs, or intoxicating |
compound or compounds, or any combination thereof when the |
violation was a proximate cause of a death, or a similar |
|
out-of-state offense; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 9-3 of the Criminal |
Code of 1961 or the Criminal Code of 2012, relating to the |
offense of reckless homicide, or a violation of |
subparagraph (F) of paragraph (1) of subsection (d) of |
Section 11-501 of this Code, relating to the offense of |
aggravated driving under the influence of alcohol, other |
drug or drugs, or intoxicating compound or compounds, or |
any combination thereof when the violation was a proximate |
cause of a death, or a similar out-of-state offense, or |
was suspended or revoked for a violation of Section 11-401 |
or 11-501 of this Code, a similar out-of-state offense, a |
similar provision of a local ordinance, or a statutory |
summary suspension or revocation under Section 11-501.1 of |
this Code.
|
(d-4) Any person convicted of a tenth, eleventh, twelfth, |
thirteenth, or fourteenth violation of this Section is guilty |
of a Class 3 felony, and is not eligible for probation or |
conditional discharge, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked for a violation |
of Section 11-401 or 11-501 of this Code, or a similar |
out-of-state offense, or a similar provision of a local |
ordinance, or a statutory summary suspension or revocation |
|
under Section 11-501.1 of this Code; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of |
this Code, a similar out-of-state offense, a similar |
provision of a local ordinance, or a statutory suspension |
or revocation under Section 11-501.1 of this Code, or for |
a violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of |
reckless homicide, or a violation of subparagraph (F) of |
paragraph (1) of subsection (d) of Section 11-501 of this |
Code, relating to the offense of aggravated driving under |
the influence of alcohol, other drug or drugs, or |
intoxicating compound or compounds, or any combination |
thereof when the violation was a proximate cause of a |
death, or a similar out-of-state offense. |
(d-5) Any person convicted of a fifteenth or subsequent |
violation of this Section is guilty of a Class 2 felony, and is |
not eligible for probation or conditional discharge, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked for a violation |
of Section 11-401 or 11-501 of this Code, or a similar |
out-of-state offense, or a similar provision of a local |
ordinance, or a statutory summary suspension or revocation |
under Section 11-501.1 of this Code; and |
(2) the prior convictions under this Section occurred |
|
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of |
this Code, a similar out-of-state offense, a similar |
provision of a local ordinance, or a statutory summary |
suspension or revocation under Section 11-501.1 of this |
Code, or for a violation of Section 9-3 of the Criminal |
Code of 1961 or the Criminal Code of 2012, relating to the |
offense of reckless homicide, or a violation of |
subparagraph (F) of paragraph (1) of subsection (d) of |
Section 11-501 of this Code, relating to the offense of |
aggravated driving under the influence of alcohol, other |
drug or drugs, or intoxicating compound or compounds, or |
any combination thereof when the violation was a proximate |
cause of a death, or a similar out-of-state offense.
|
(e) Any person in violation of this Section who is also in |
violation of
Section 7-601 of this Code relating to mandatory |
insurance requirements, in
addition to other penalties imposed |
under this Section, shall have his or her
motor vehicle |
immediately impounded by the arresting law enforcement |
officer.
The motor vehicle may be released to any licensed |
driver upon a showing of
proof of insurance for the vehicle |
that was impounded and the notarized written
consent for the |
release by the vehicle owner.
|
(f) For any prosecution under this Section, a certified |
copy of the
driving abstract of the defendant shall be |
admitted as proof of any prior
conviction.
|
|
(g) The motor vehicle used in a violation of this Section |
is subject
to seizure and forfeiture as provided in Sections |
36-1 and 36-2 of the
Criminal Code of 2012 if the person's |
driving privilege was revoked
or suspended as a result of: |
(1) a violation of Section 11-501 of this Code, a |
similar provision
of a local ordinance, or a similar |
provision of a law of another state; |
(2) a violation of paragraph (b) of Section 11-401 of |
this Code, a
similar provision of a local ordinance, or a |
similar provision of a law of another state; |
(3) a statutory summary suspension or revocation under |
Section 11-501.1 of this
Code or a similar provision of a |
law of another state; or |
(4) a violation of Section 9-3 of the Criminal Code of |
1961 or the Criminal Code of 2012 relating to the offense |
of reckless homicide, or a violation of subparagraph (F) |
of paragraph (1) of subsection (d) of Section 11-501 of |
this Code, relating to the offense of aggravated driving |
under the influence of alcohol, other drug or drugs, or |
intoxicating compound or compounds, or any combination |
thereof when the violation was a proximate cause of a |
death, or a similar provision of a law of another state.
|
(Source: P.A. 100-149, eff. 1-1-18; 100-575, eff. 1-8-18; |
100-1004, eff. 1-1-19; 101-81, eff. 7-12-19.)
|
(625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
|
|
Sec. 6-402. Qualifications of driver training schools. In |
order to
qualify for a license to operate a driver training |
school, each applicant must:
|
(a) be of good moral character;
|
(b) be at least 21 years of age;
|
(c) maintain an established place of business open to |
the public which
meets the requirements of Section 6-403 |
through 6-407;
|
(d) maintain bodily injury and property damage |
liability insurance on
motor vehicles while used in |
driving instruction, insuring the liability of
the driving |
school, the driving instructors and any person taking
|
instruction in at least the following amounts: $50,000 for |
bodily injury to
or death of one person in any one crash |
accident and, subject to said limit for
one person, |
$100,000 for bodily injury to or death of 2 or more persons |
in
any one crash accident and the amount of $10,000 for |
damage to property of others
in any one crash accident . |
Evidence of such insurance coverage in the form of a
|
certificate from the insurance carrier shall be filed with |
the Secretary of
State, and such certificate shall |
stipulate that the insurance shall not be
cancelled except |
upon 10 days prior written notice to the Secretary of
|
State. The decal showing evidence of insurance shall be |
affixed to the
windshield of the vehicle;
|
(e) provide a continuous surety company bond in the |
|
principal sum of
$10,000 for a non-accredited school, |
$40,000 for a CDL or teenage accredited school, $60,000 |
for a CDL accredited and teenage accredited school, |
$50,000 for a CDL or teenage accredited school with 3 or |
more licensed branches, $70,000 for a CDL accredited and |
teenage accredited school with 3 or more licensed branches |
for the protection of the contractual rights of
students |
in such
form as will meet with the approval of the |
Secretary of State and written
by a company authorized to |
do business in this State. However, the
aggregate |
liability of the surety for all breaches of the condition |
of the
bond in no event shall exceed the principal sum of |
$10,000 for a non-accredited school, $40,000 for a CDL or |
teenage accredited school, $60,000 for a CDL accredited |
and teenage accredited school, $50,000 for a CDL or |
teenage accredited school with 3 or more licensed |
branches, $70,000 for a CDL accredited and teenage |
accredited school with 3 or more licensed branches. The
|
surety on
any such bond may cancel such bond on giving 30 |
days notice thereof in
writing to the Secretary of State |
and shall be relieved of liability for
any breach of any |
conditions of the bond which occurs after the effective
|
date of cancellation;
|
(f) have the equipment necessary to the giving of |
proper instruction in
the operation of motor vehicles;
|
(g) have and use a business telephone listing for all |
|
business
purposes;
|
(h) pay to the Secretary of State an application fee |
of
$500 and $50 for each branch application; and
|
(i) authorize an investigation to include a |
fingerprint based background
check
to determine if the |
applicant has ever been convicted of a crime and if so, the
|
disposition of those convictions. The authorization shall |
indicate the scope
of
the inquiry and the agencies that |
may be contacted. Upon this authorization,
the
Secretary |
of State may request and receive information and |
assistance from any
federal, State, or local governmental |
agency as part of the authorized
investigation. Each |
applicant shall have his or her fingerprints submitted to
|
the Illinois State Police in the form and manner |
prescribed by the
Illinois State Police. The fingerprints |
shall be checked against the
Illinois State Police and |
Federal Bureau of Investigation criminal history
record |
information databases. The Illinois State Police shall |
charge a fee for conducting the criminal history records |
check,
which shall be deposited in the State Police |
Services Fund and shall not exceed
the actual cost of the |
records check. The applicant shall be required to pay
all
|
related fingerprint fees including, but not limited to, |
the amounts established
by the Illinois State Police and |
the Federal Bureau of Investigation to
process fingerprint |
based criminal background investigations. The Illinois |
|
State Police shall provide information concerning any |
criminal convictions and
disposition of criminal |
convictions brought against the applicant upon request
of |
the Secretary
of State provided that the request is made |
in the form and manner required by
the Illinois
State |
Police. Unless otherwise prohibited by law, the
|
information derived from the investigation including the |
source of the
information and any conclusions or |
recommendations derived from the
information by the |
Secretary of State shall be provided to the applicant, or
|
his
designee, upon request to the Secretary of State, |
prior to any final action by
the Secretary of State on the |
application. Any criminal convictions and
disposition |
information obtained by the Secretary of State shall be
|
confidential
and may not be transmitted outside the Office |
of the Secretary of State, except
as required herein, and |
may not be transmitted to anyone within the Office of
the |
Secretary of State except as needed for the purpose of |
evaluating the
applicant. At any administrative hearing |
held under Section 2-118 of this Code relating to the |
denial, cancellation, suspension, or revocation of a |
driver training school license, the Secretary of State is |
authorized to utilize at that hearing any criminal |
histories, criminal convictions, and disposition |
information obtained under this Section. The information |
obtained from the investigation may be maintained
by the |
|
Secretary of State or any agency to which the information |
was
transmitted.
Only information and standards, which |
bear a reasonable and rational relation
to
the performance |
of a driver training school owner, shall be used by the
|
Secretary of State. Any employee of the Secretary of State |
who gives or causes
to be given away any confidential |
information concerning any criminal charges
or disposition |
of criminal charges of an applicant shall be guilty of a |
Class A
misdemeanor,
unless release of the information is |
authorized by this Section.
|
No license shall be issued under this Section to a person |
who is a
spouse, offspring, sibling, parent, grandparent, |
grandchild, uncle or aunt,
nephew or niece, cousin, or in-law |
of the person whose license to do
business at that location has |
been revoked or denied or to a person who was
an officer or |
employee of a business firm that has had its license revoked
or |
denied, unless the Secretary of State is satisfied the |
application was
submitted in good faith and not for the |
purpose or effect of defeating the
intent of this Code.
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
(625 ILCS 5/6-420) (from Ch. 95 1/2, par. 6-420)
|
Sec. 6-420. Denial, Cancellation, Suspension, Revocation |
and Failure to
Renew License. The Secretary may deny, cancel, |
suspend or revoke, or refuse
to renew any driver training |
school license or any driver training instructor
license:
|
|
(1) When the Secretary is satisfied that the licensee |
fails to meet the
requirements to receive or hold a |
license under this Code;
|
(2) Whenever the licensee fails to keep the records |
required by this
Code;
|
(3) Whenever the licensee permits fraud or engages in |
fraudulent
practices either with reference to a student or |
the Secretary, or induces
or countenances fraud or |
fraudulent practices on the part of any applicant
for a |
driver's license or permit;
|
(4) Whenever the licensee fails to comply with any |
provision of this Code
or any rule of the Secretary made |
pursuant thereto;
|
(5) Whenever the licensee represents himself as an |
agent or employee of
the Secretary or uses advertising |
designed to lead or which would
reasonably have the effect |
of leading persons to believe that such licensee
is in |
fact an employee or representative of the Secretary;
|
(6) Whenever the licensee or any employee or agent of |
the licensee
solicits driver training or instruction in an |
office of any department of
the Secretary of State having |
to do with the administration of any law
relating to motor |
vehicles, or within 1,500 feet of any such office;
|
(7) Whenever the licensee is convicted of driving |
while
under the influence of alcohol, other drugs, or a |
combination thereof;
leaving the scene of a crash an |
|
accident ; reckless homicide or reckless driving; or
|
(8) Whenever a driver training school advertises that |
a driver's license
is guaranteed upon completion of the |
course of instruction.
|
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
|
(Text of Section before amendment by P.A. 101-652 )
|
Sec. 6-500. Definitions of words and phrases. |
Notwithstanding the
definitions set forth elsewhere in this
|
Code, for purposes of the Uniform Commercial Driver's License |
Act
(UCDLA), the words and phrases listed below have the |
meanings
ascribed to them as follows:
|
(1) Alcohol. "Alcohol" means any substance containing any |
form of
alcohol, including but not limited to ethanol,
|
methanol,
propanol, and
isopropanol.
|
(2) Alcohol concentration. "Alcohol concentration" means:
|
(A) the number of grams of alcohol per 210 liters of |
breath;
or
|
(B) the number of grams of alcohol per 100 milliliters |
of
blood; or
|
(C) the number of grams of alcohol per 67 milliliters |
of
urine.
|
Alcohol tests administered within 2 hours of the driver |
being
"stopped or detained" shall be considered that driver's |
"alcohol
concentration" for the purposes of enforcing this |
|
UCDLA.
|
(3) (Blank).
|
(4) (Blank).
|
(5) (Blank).
|
(5.3) CDLIS driver record. "CDLIS driver record" means the |
electronic record of the individual CDL driver's status and |
history stored by the State-of-Record as part of the |
Commercial Driver's License Information System, or CDLIS, |
established under 49 U.S.C. 31309. |
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle |
record" or "CDLIS MVR" means a report generated from the CDLIS |
driver record meeting the requirements for access to CDLIS |
information and provided by states to users authorized in 49 |
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the |
Driver Privacy Protection Act, 18 U.S.C. 2721-2725. |
(5.7) Commercial driver's license downgrade. "Commercial |
driver's license downgrade" or "CDL downgrade" means either: |
(A) a state allows the driver to change his or her |
self-certification to interstate, but operating |
exclusively in transportation or operation excepted from |
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), |
391.2, 391.68, or 398.3; |
(B) a state allows the driver to change his or her |
self-certification to intrastate only, if the driver |
qualifies under that state's physical qualification |
requirements for intrastate only; |
|
(C) a state allows the driver to change his or her |
certification to intrastate, but operating exclusively in |
transportation or operations excepted from all or part of |
the state driver qualification requirements; or |
(D) a state removes the CDL privilege from the driver |
license. |
(6) Commercial Motor Vehicle.
|
(A) "Commercial motor vehicle" or "CMV" means
a motor |
vehicle or combination of motor vehicles used in commerce, |
except those referred to in subdivision (B), designed
to |
transport passengers or property if the motor vehicle:
|
(i) has a gross combination weight rating or gross |
combination weight of 11,794 kilograms or more (26,001 |
pounds or more), whichever is greater, inclusive of |
any towed unit with a gross vehicle weight rating or
|
gross vehicle weight of more than 4,536 kilograms |
(10,000 pounds), whichever is greater; or
|
(i-5) has a gross vehicle weight rating or gross |
vehicle weight of 11,794 or more kilograms (26,001 |
pounds or more), whichever is greater; or |
(ii) is designed to transport 16 or more
persons, |
including the driver;
or
|
(iii) is of any size and is used in transporting |
hazardous materials as defined in 49 C.F.R. 383.5.
|
(B) Pursuant to the interpretation of the Commercial |
Motor
Vehicle
Safety Act of 1986 by the Federal Highway |
|
Administration, the definition of
"commercial motor |
vehicle" does not include:
|
(i) recreational vehicles, when operated primarily |
for personal use;
|
(ii) vehicles owned by or operated under the |
direction of the United States Department of Defense |
or the United States Coast Guard only when operated by
|
non-civilian personnel. This includes any operator on |
active military
duty; members of the Reserves; |
National Guard; personnel on part-time
training; and |
National Guard military technicians (civilians who are
|
required to wear military uniforms and are subject to |
the Code of Military
Justice); or
|
(iii) firefighting, police, and other emergency |
equipment (including, without limitation, equipment |
owned or operated by a HazMat or technical rescue team |
authorized by a county board under Section 5-1127 of |
the Counties Code), with audible and
visual signals, |
owned or operated
by or for a
governmental entity, |
which is necessary to the preservation of life or
|
property or the execution of emergency governmental |
functions which are
normally not subject to general |
traffic rules and regulations.
|
(7) Controlled Substance. "Controlled substance" shall |
have the same
meaning as defined in Section 102 of the Illinois |
Controlled Substances Act,
and shall also include cannabis as |
|
defined in Section 3 of the Cannabis Control
Act and |
methamphetamine as defined in Section 10 of the |
Methamphetamine Control and Community Protection Act.
|
(8) Conviction. "Conviction" means an unvacated |
adjudication of guilt
or a determination that a person has |
violated or failed to comply with the
law in a court of |
original jurisdiction or by an authorized administrative
|
tribunal; an unvacated forfeiture of bail or collateral |
deposited to secure
the person's appearance in court; a plea |
of guilty or nolo contendere accepted by the court; the |
payment of a fine or court cost
regardless of whether the |
imposition of sentence is deferred and ultimately
a judgment |
dismissing the underlying charge is entered; or a violation of |
a
condition of release without bail, regardless of whether or |
not the penalty
is rebated, suspended or probated.
|
(8.5) Day. "Day" means calendar day.
|
(9) (Blank).
|
(10) (Blank).
|
(11) (Blank).
|
(12) (Blank).
|
(13) Driver. "Driver" means any person who drives, |
operates, or is in
physical control of a commercial motor |
vehicle, any person who is required to hold a
CDL, or any |
person who is a holder of a CDL while operating a |
non-commercial motor vehicle.
|
(13.5) Driver applicant. "Driver applicant" means an |
|
individual who applies to a state or other jurisdiction to |
obtain, transfer, upgrade, or renew a CDL or to obtain or renew |
a CLP.
|
(13.8) Electronic device. "Electronic device" includes, |
but is not limited to, a cellular telephone, personal digital |
assistant, pager, computer, or any other device used to input, |
write, send, receive, or read text. |
(14) Employee. "Employee" means a person who is employed |
as a
commercial
motor vehicle driver. A person who is |
self-employed as a commercial motor
vehicle driver must comply |
with the requirements of this UCDLA
pertaining to employees. |
An
owner-operator on a long-term lease shall be considered an |
employee.
|
(15) Employer. "Employer" means a person (including the |
United
States, a State or a local authority) who owns or leases |
a commercial motor
vehicle or assigns employees to operate |
such a vehicle. A person who is
self-employed as a commercial |
motor vehicle driver must
comply with the requirements of this |
UCDLA.
|
(15.1) Endorsement. "Endorsement" means an authorization |
to an individual's CLP or CDL required to permit the |
individual to operate certain types of commercial motor |
vehicles. |
(15.2) Entry-level driver training. "Entry-level driver |
training" means the training an entry-level driver receives |
from an entity listed on the Federal Motor Carrier Safety |
|
Administration's Training Provider Registry prior to: (i) |
taking the CDL skills test required to receive the Class A or |
Class B CDL for the first time; (ii) taking the CDL skills test |
required to upgrade to a Class A or Class B CDL; or (iii) |
taking the CDL skills test required to obtain a passenger or |
school bus endorsement for the first time or the CDL knowledge |
test required to obtain a hazardous materials endorsement for |
the first time. |
(15.3) Excepted interstate. "Excepted interstate" means a |
person who operates or expects to operate in interstate |
commerce, but engages exclusively in transportation or |
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, |
or 398.3 from all or part of the qualification requirements of |
49 C.F.R. Part 391 and is not required to obtain a medical |
examiner's certificate by 49 C.F.R. 391.45. |
(15.5) Excepted intrastate. "Excepted intrastate" means a |
person who operates in intrastate commerce but engages |
exclusively in transportation or operations excepted from all |
or parts of the state driver qualification requirements. |
(16) (Blank).
|
(16.5) Fatality. "Fatality" means the death of a person as |
a result of a motor vehicle crash accident .
|
(16.7) Foreign commercial driver. "Foreign commercial |
driver" means a person licensed to operate a commercial motor |
vehicle by an authority outside the United States, or a |
citizen of a foreign country who operates a commercial motor |
|
vehicle in the United States. |
(17) Foreign jurisdiction. "Foreign jurisdiction" means a |
sovereign
jurisdiction that does not fall within the |
definition of "State".
|
(18) (Blank).
|
(19) (Blank).
|
(20) Hazardous materials. "Hazardous material" means any |
material that has been designated under 49 U.S.C.
5103 and is |
required to be placarded under subpart F of 49 C.F.R. part 172 |
or any quantity of a material listed as a select agent or toxin |
in 42 C.F.R. part 73.
|
(20.5) Imminent Hazard. "Imminent hazard" means the |
existence of any condition of a vehicle, employee, or |
commercial motor vehicle operations that substantially |
increases the likelihood of serious injury or death if not |
discontinued immediately; or a condition relating to hazardous |
material that presents a substantial likelihood that death, |
serious illness, severe personal injury, or a substantial |
endangerment to health, property, or the environment may occur |
before the reasonably foreseeable completion date of a formal |
proceeding begun to lessen the risk of that death, illness, |
injury or endangerment.
|
(20.6) Issuance. "Issuance" means initial issuance, |
transfer, renewal, or upgrade of a CLP or CDL and |
non-domiciled CLP or CDL. |
(20.7) Issue. "Issue" means initial issuance, transfer, |
|
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or |
non-domiciled CDL. |
(21) Long-term lease. "Long-term lease" means a lease of a |
commercial
motor vehicle by the owner-lessor to a lessee, for |
a period of more than 29
days.
|
(21.01) Manual transmission. "Manual transmission" means a |
transmission utilizing a driver-operated clutch that is |
activated by a pedal or lever and a gear-shift mechanism |
operated either by hand or foot including those known as a |
stick shift, stick, straight drive, or standard transmission. |
All other transmissions, whether semi-automatic or automatic, |
shall be considered automatic for the purposes of the |
standardized restriction code. |
(21.1) Medical examiner. "Medical examiner" means an |
individual certified by the Federal Motor Carrier Safety |
Administration and listed on the National Registry of |
Certified Medical Examiners in accordance with Federal Motor |
Carrier Safety Regulations, 49 CFR 390.101 et seq. |
(21.2) Medical examiner's certificate. "Medical examiner's |
certificate" means either (1) prior to June 22, 2021, a |
document prescribed or approved by the Secretary of State that |
is issued by a medical examiner to a driver to medically |
qualify him or her to drive; or (2) beginning June 22, 2021, an |
electronic submission of results of an examination conducted |
by a medical examiner listed on the National Registry of |
Certified Medical Examiners to the Federal Motor Carrier |
|
Safety Administration of a driver to medically qualify him or |
her to drive. |
(21.5) Medical variance. "Medical variance" means a driver |
has received one of the following from the Federal Motor |
Carrier Safety Administration which allows the driver to be |
issued a medical certificate: (1) an exemption letter |
permitting operation of a commercial motor vehicle pursuant to |
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a |
skill performance evaluation (SPE) certificate permitting |
operation of a commercial motor vehicle pursuant to 49 C.F.R. |
391.49. |
(21.7) Mobile telephone. "Mobile telephone" means a mobile |
communication device that falls under or uses any commercial |
mobile radio service, as defined in regulations of the Federal |
Communications Commission, 47 CFR 20.3. It does not include |
two-way or citizens band radio services. |
(22) Motor Vehicle. "Motor vehicle" means every vehicle
|
which is self-propelled, and every vehicle which is propelled |
by electric
power obtained from over head trolley wires but |
not operated upon rails,
except vehicles moved solely by human |
power and motorized wheel chairs.
|
(22.2) Motor vehicle record. "Motor vehicle record" means |
a report of the driving status and history of a driver |
generated from the driver record provided to users, such as |
drivers or employers, and is subject to the provisions of the |
Driver Privacy Protection Act, 18 U.S.C. 2721-2725. |
|
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or |
combination of motor vehicles not defined by the term |
"commercial motor vehicle" or "CMV" in this Section.
|
(22.7) Non-excepted interstate. "Non-excepted interstate" |
means a person who operates or expects to operate in |
interstate commerce, is subject to and meets the qualification |
requirements under 49 C.F.R. Part 391, and is required to |
obtain a medical examiner's certificate by 49 C.F.R. 391.45. |
(22.8) Non-excepted intrastate. "Non-excepted intrastate" |
means a person who operates only in intrastate commerce and is |
subject to State driver qualification requirements. |
(23) Non-domiciled CLP or Non-domiciled CDL. |
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, |
respectively, issued by a state or other jurisdiction under |
either of the following two conditions: |
(i) to an individual domiciled in a foreign country |
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. |
of the Federal Motor Carrier Safety Administration.
|
(ii) to an individual domiciled in another state |
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. |
of the Federal Motor Carrier Safety Administration.
|
(24) (Blank).
|
(25) (Blank).
|
(25.5) Railroad-Highway Grade Crossing Violation. |
"Railroad-highway
grade
crossing violation" means a
violation, |
while operating a commercial motor vehicle, of
any
of the |
|
following:
|
(A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
|
(B) Any other similar
law or local ordinance of any |
state relating to
railroad-highway grade crossing.
|
(25.7) School Bus. "School bus" means a commercial motor |
vehicle used to transport pre-primary, primary, or secondary |
school students from home to school, from school to home, or to |
and from school-sponsored events. "School bus" does not |
include a bus used as a common carrier.
|
(26) Serious Traffic Violation. "Serious traffic |
violation"
means:
|
(A) a conviction when operating a commercial motor |
vehicle, or when operating a non-CMV while holding a CLP |
or CDL,
of:
|
(i) a violation relating to excessive speeding,
|
involving a single speeding charge of 15 miles per |
hour or more above the
legal speed limit; or
|
(ii) a violation relating to reckless driving; or
|
(iii) a violation of any State law or local |
ordinance relating to motor
vehicle traffic control |
(other than parking violations) arising in
connection |
with a fatal traffic crash accident ; or
|
(iv) a violation of Section 6-501, relating to |
having multiple driver's
licenses; or
|
(v) a violation of paragraph (a) of Section 6-507, |
relating to the
requirement to have a valid CLP or CDL; |
|
or
|
(vi) a violation relating to improper or erratic |
traffic lane changes;
or
|
(vii) a violation relating to following another |
vehicle too closely; or
|
(viii) a violation relating to texting while |
driving; or |
(ix) a violation relating to the use of a |
hand-held mobile telephone while driving; or |
(B) any other similar violation of a law or local
|
ordinance of any state relating to motor vehicle traffic |
control, other
than a parking violation, which the |
Secretary of State determines by
administrative rule to be |
serious.
|
(27) State. "State" means a state of the United States, |
the District of
Columbia and any province or territory of |
Canada.
|
(28) (Blank).
|
(29) (Blank).
|
(30) (Blank).
|
(31) (Blank).
|
(32) Texting. "Texting" means manually entering |
alphanumeric text into, or reading text from, an electronic |
device. |
(1) Texting includes, but is not limited to, short |
message service, emailing, instant messaging, a command or |
|
request to access a World Wide Web page, pressing more |
than a single button to initiate or terminate a voice |
communication using a mobile telephone, or engaging in any |
other form of electronic text retrieval or entry for |
present or future communication. |
(2) Texting does not include: |
(i) inputting, selecting, or reading information |
on a global positioning system or navigation system; |
or |
(ii) pressing a single button to initiate or |
terminate a voice communication using a mobile |
telephone; or |
(iii) using a device capable of performing |
multiple functions (for example, a fleet management |
system, dispatching device, smart phone, citizens band |
radio, or music player) for a purpose that is not |
otherwise prohibited by Part 392 of the Federal Motor |
Carrier Safety Regulations. |
(32.3) Third party skills test examiner. "Third party |
skills test examiner" means a person employed by a third party |
tester who is authorized by the State to administer the CDL |
skills tests specified in 49 C.F.R. Part 383, subparts G and H. |
(32.5) Third party tester. "Third party tester" means a |
person (including, but not limited to, another state, a motor |
carrier, a private driver training facility or other private |
institution, or a department, agency, or instrumentality of a |
|
local government) authorized by the State to employ skills |
test examiners to administer the CDL skills tests specified in |
49 C.F.R. Part 383, subparts G and H. |
(32.7) United States. "United States" means the 50 states |
and the District of Columbia. |
(33) Use a hand-held mobile telephone. "Use a hand-held |
mobile telephone" means: |
(1) using at least one hand to hold a mobile telephone |
to conduct a voice communication; |
(2) dialing or answering a mobile telephone by |
pressing more than a single button; or |
(3) reaching for a mobile telephone in a manner that |
requires a driver to maneuver so that he or she is no |
longer in a seated driving position, restrained by a seat |
belt that is installed in accordance with 49 CFR 393.93 |
and adjusted in accordance with the vehicle manufacturer's |
instructions. |
(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20 .)
|
(Text of Section after amendment by P.A. 101-652 ) |
Sec. 6-500. Definitions of words and phrases. |
Notwithstanding the
definitions set forth elsewhere in this
|
Code, for purposes of the Uniform Commercial Driver's License |
Act
(UCDLA), the words and phrases listed below have the |
meanings
ascribed to them as follows:
|
(1) Alcohol. "Alcohol" means any substance containing any |
|
form of
alcohol, including but not limited to ethanol,
|
methanol,
propanol, and
isopropanol.
|
(2) Alcohol concentration. "Alcohol concentration" means:
|
(A) the number of grams of alcohol per 210 liters of |
breath;
or
|
(B) the number of grams of alcohol per 100 milliliters |
of
blood; or
|
(C) the number of grams of alcohol per 67 milliliters |
of
urine.
|
Alcohol tests administered within 2 hours of the driver |
being
"stopped or detained" shall be considered that driver's |
"alcohol
concentration" for the purposes of enforcing this |
UCDLA.
|
(3) (Blank).
|
(4) (Blank).
|
(5) (Blank).
|
(5.3) CDLIS driver record. "CDLIS driver record" means the |
electronic record of the individual CDL driver's status and |
history stored by the State-of-Record as part of the |
Commercial Driver's License Information System, or CDLIS, |
established under 49 U.S.C. 31309. |
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle |
record" or "CDLIS MVR" means a report generated from the CDLIS |
driver record meeting the requirements for access to CDLIS |
information and provided by states to users authorized in 49 |
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the |
|
Driver Privacy Protection Act, 18 U.S.C. 2721-2725. |
(5.7) Commercial driver's license downgrade. "Commercial |
driver's license downgrade" or "CDL downgrade" means either: |
(A) a state allows the driver to change his or her |
self-certification to interstate, but operating |
exclusively in transportation or operation excepted from |
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), |
391.2, 391.68, or 398.3; |
(B) a state allows the driver to change his or her |
self-certification to intrastate only, if the driver |
qualifies under that state's physical qualification |
requirements for intrastate only; |
(C) a state allows the driver to change his or her |
certification to intrastate, but operating exclusively in |
transportation or operations excepted from all or part of |
the state driver qualification requirements; or |
(D) a state removes the CDL privilege from the driver |
license. |
(6) Commercial Motor Vehicle.
|
(A) "Commercial motor vehicle" or "CMV" means
a motor |
vehicle or combination of motor vehicles used in commerce, |
except those referred to in subdivision (B), designed
to |
transport passengers or property if the motor vehicle:
|
(i) has a gross combination weight rating or gross |
combination weight of 11,794 kilograms or more (26,001 |
pounds or more), whichever is greater, inclusive of |
|
any towed unit with a gross vehicle weight rating or
|
gross vehicle weight of more than 4,536 kilograms |
(10,000 pounds), whichever is greater; or
|
(i-5) has a gross vehicle weight rating or gross |
vehicle weight of 11,794 or more kilograms (26,001 |
pounds or more), whichever is greater; or |
(ii) is designed to transport 16 or more
persons, |
including the driver;
or
|
(iii) is of any size and is used in transporting |
hazardous materials as defined in 49 C.F.R. 383.5.
|
(B) Pursuant to the interpretation of the Commercial |
Motor
Vehicle
Safety Act of 1986 by the Federal Highway |
Administration, the definition of
"commercial motor |
vehicle" does not include:
|
(i) recreational vehicles, when operated primarily |
for personal use;
|
(ii) vehicles owned by or operated under the |
direction of the United States Department of Defense |
or the United States Coast Guard only when operated by
|
non-civilian personnel. This includes any operator on |
active military
duty; members of the Reserves; |
National Guard; personnel on part-time
training; and |
National Guard military technicians (civilians who are
|
required to wear military uniforms and are subject to |
the Code of Military
Justice); or
|
(iii) firefighting, police, and other emergency |
|
equipment (including, without limitation, equipment |
owned or operated by a HazMat or technical rescue team |
authorized by a county board under Section 5-1127 of |
the Counties Code), with audible and
visual signals, |
owned or operated
by or for a
governmental entity, |
which is necessary to the preservation of life or
|
property or the execution of emergency governmental |
functions which are
normally not subject to general |
traffic rules and regulations.
|
(7) Controlled Substance. "Controlled substance" shall |
have the same
meaning as defined in Section 102 of the Illinois |
Controlled Substances Act,
and shall also include cannabis as |
defined in Section 3 of the Cannabis Control
Act and |
methamphetamine as defined in Section 10 of the |
Methamphetamine Control and Community Protection Act.
|
(8) Conviction. "Conviction" means an unvacated |
adjudication of guilt
or a determination that a person has |
violated or failed to comply with the
law in a court of |
original jurisdiction or by an authorized administrative
|
tribunal; an unvacated revocation of pretrial release or |
forfeiture of bail or collateral deposited to secure
the |
person's appearance in court; a plea of guilty or nolo |
contendere accepted by the court; the payment of a fine or |
court cost
regardless of whether the imposition of sentence is |
deferred and ultimately
a judgment dismissing the underlying |
charge is entered; or a violation of a
condition of pretrial |
|
release without bail, regardless of whether or not the penalty
|
is rebated, suspended or probated.
|
(8.5) Day. "Day" means calendar day.
|
(9) (Blank).
|
(10) (Blank).
|
(11) (Blank).
|
(12) (Blank).
|
(13) Driver. "Driver" means any person who drives, |
operates, or is in
physical control of a commercial motor |
vehicle, any person who is required to hold a
CDL, or any |
person who is a holder of a CDL while operating a |
non-commercial motor vehicle.
|
(13.5) Driver applicant. "Driver applicant" means an |
individual who applies to a state or other jurisdiction to |
obtain, transfer, upgrade, or renew a CDL or to obtain or renew |
a CLP.
|
(13.8) Electronic device. "Electronic device" includes, |
but is not limited to, a cellular telephone, personal digital |
assistant, pager, computer, or any other device used to input, |
write, send, receive, or read text. |
(14) Employee. "Employee" means a person who is employed |
as a
commercial
motor vehicle driver. A person who is |
self-employed as a commercial motor
vehicle driver must comply |
with the requirements of this UCDLA
pertaining to employees. |
An
owner-operator on a long-term lease shall be considered an |
employee.
|
|
(15) Employer. "Employer" means a person (including the |
United
States, a State or a local authority) who owns or leases |
a commercial motor
vehicle or assigns employees to operate |
such a vehicle. A person who is
self-employed as a commercial |
motor vehicle driver must
comply with the requirements of this |
UCDLA.
|
(15.1) Endorsement. "Endorsement" means an authorization |
to an individual's CLP or CDL required to permit the |
individual to operate certain types of commercial motor |
vehicles. |
(15.2) Entry-level driver training. "Entry-level driver |
training" means the training an entry-level driver receives |
from an entity listed on the Federal Motor Carrier Safety |
Administration's Training Provider Registry prior to: (i) |
taking the CDL skills test required to receive the Class A or |
Class B CDL for the first time; (ii) taking the CDL skills test |
required to upgrade to a Class A or Class B CDL; or (iii) |
taking the CDL skills test required to obtain a passenger or |
school bus endorsement for the first time or the CDL knowledge |
test required to obtain a hazardous materials endorsement for |
the first time. |
(15.3) Excepted interstate. "Excepted interstate" means a |
person who operates or expects to operate in interstate |
commerce, but engages exclusively in transportation or |
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, |
or 398.3 from all or part of the qualification requirements of |
|
49 C.F.R. Part 391 and is not required to obtain a medical |
examiner's certificate by 49 C.F.R. 391.45. |
(15.5) Excepted intrastate. "Excepted intrastate" means a |
person who operates in intrastate commerce but engages |
exclusively in transportation or operations excepted from all |
or parts of the state driver qualification requirements. |
(16) (Blank).
|
(16.5) Fatality. "Fatality" means the death of a person as |
a result of a motor vehicle crash accident .
|
(16.7) Foreign commercial driver. "Foreign commercial |
driver" means a person licensed to operate a commercial motor |
vehicle by an authority outside the United States, or a |
citizen of a foreign country who operates a commercial motor |
vehicle in the United States. |
(17) Foreign jurisdiction. "Foreign jurisdiction" means a |
sovereign
jurisdiction that does not fall within the |
definition of "State".
|
(18) (Blank).
|
(19) (Blank).
|
(20) Hazardous materials. "Hazardous material" means any |
material that has been designated under 49 U.S.C.
5103 and is |
required to be placarded under subpart F of 49 C.F.R. part 172 |
or any quantity of a material listed as a select agent or toxin |
in 42 C.F.R. part 73.
|
(20.5) Imminent Hazard. "Imminent hazard" means the |
existence of any condition of a vehicle, employee, or |
|
commercial motor vehicle operations that substantially |
increases the likelihood of serious injury or death if not |
discontinued immediately; or a condition relating to hazardous |
material that presents a substantial likelihood that death, |
serious illness, severe personal injury, or a substantial |
endangerment to health, property, or the environment may occur |
before the reasonably foreseeable completion date of a formal |
proceeding begun to lessen the risk of that death, illness, |
injury or endangerment.
|
(20.6) Issuance. "Issuance" means initial issuance, |
transfer, renewal, or upgrade of a CLP or CDL and |
non-domiciled CLP or CDL. |
(20.7) Issue. "Issue" means initial issuance, transfer, |
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or |
non-domiciled CDL. |
(21) Long-term lease. "Long-term lease" means a lease of a |
commercial
motor vehicle by the owner-lessor to a lessee, for |
a period of more than 29
days.
|
(21.01) Manual transmission. "Manual transmission" means a |
transmission utilizing a driver-operated clutch that is |
activated by a pedal or lever and a gear-shift mechanism |
operated either by hand or foot including those known as a |
stick shift, stick, straight drive, or standard transmission. |
All other transmissions, whether semi-automatic or automatic, |
shall be considered automatic for the purposes of the |
standardized restriction code. |
|
(21.1) Medical examiner. "Medical examiner" means an |
individual certified by the Federal Motor Carrier Safety |
Administration and listed on the National Registry of |
Certified Medical Examiners in accordance with Federal Motor |
Carrier Safety Regulations, 49 CFR 390.101 et seq. |
(21.2) Medical examiner's certificate. "Medical examiner's |
certificate" means either (1) prior to June 22, 2021, a |
document prescribed or approved by the Secretary of State that |
is issued by a medical examiner to a driver to medically |
qualify him or her to drive; or (2) beginning June 22, 2021, an |
electronic submission of results of an examination conducted |
by a medical examiner listed on the National Registry of |
Certified Medical Examiners to the Federal Motor Carrier |
Safety Administration of a driver to medically qualify him or |
her to drive. |
(21.5) Medical variance. "Medical variance" means a driver |
has received one of the following from the Federal Motor |
Carrier Safety Administration which allows the driver to be |
issued a medical certificate: (1) an exemption letter |
permitting operation of a commercial motor vehicle pursuant to |
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a |
skill performance evaluation (SPE) certificate permitting |
operation of a commercial motor vehicle pursuant to 49 C.F.R. |
391.49. |
(21.7) Mobile telephone. "Mobile telephone" means a mobile |
communication device that falls under or uses any commercial |
|
mobile radio service, as defined in regulations of the Federal |
Communications Commission, 47 CFR 20.3. It does not include |
two-way or citizens band radio services. |
(22) Motor Vehicle. "Motor vehicle" means every vehicle
|
which is self-propelled, and every vehicle which is propelled |
by electric
power obtained from over head trolley wires but |
not operated upon rails,
except vehicles moved solely by human |
power and motorized wheel chairs.
|
(22.2) Motor vehicle record. "Motor vehicle record" means |
a report of the driving status and history of a driver |
generated from the driver record provided to users, such as |
drivers or employers, and is subject to the provisions of the |
Driver Privacy Protection Act, 18 U.S.C. 2721-2725. |
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or |
combination of motor vehicles not defined by the term |
"commercial motor vehicle" or "CMV" in this Section.
|
(22.7) Non-excepted interstate. "Non-excepted interstate" |
means a person who operates or expects to operate in |
interstate commerce, is subject to and meets the qualification |
requirements under 49 C.F.R. Part 391, and is required to |
obtain a medical examiner's certificate by 49 C.F.R. 391.45. |
(22.8) Non-excepted intrastate. "Non-excepted intrastate" |
means a person who operates only in intrastate commerce and is |
subject to State driver qualification requirements. |
(23) Non-domiciled CLP or Non-domiciled CDL. |
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, |
|
respectively, issued by a state or other jurisdiction under |
either of the following two conditions: |
(i) to an individual domiciled in a foreign country |
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. |
of the Federal Motor Carrier Safety Administration.
|
(ii) to an individual domiciled in another state |
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. |
of the Federal Motor Carrier Safety Administration.
|
(24) (Blank).
|
(25) (Blank).
|
(25.5) Railroad-Highway Grade Crossing Violation. |
"Railroad-highway
grade
crossing violation" means a
violation, |
while operating a commercial motor vehicle, of
any
of the |
following:
|
(A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
|
(B) Any other similar
law or local ordinance of any |
state relating to
railroad-highway grade crossing.
|
(25.7) School Bus. "School bus" means a commercial motor |
vehicle used to transport pre-primary, primary, or secondary |
school students from home to school, from school to home, or to |
and from school-sponsored events. "School bus" does not |
include a bus used as a common carrier.
|
(26) Serious Traffic Violation. "Serious traffic |
violation"
means:
|
(A) a conviction when operating a commercial motor |
vehicle, or when operating a non-CMV while holding a CLP |
|
or CDL,
of:
|
(i) a violation relating to excessive speeding,
|
involving a single speeding charge of 15 miles per |
hour or more above the
legal speed limit; or
|
(ii) a violation relating to reckless driving; or
|
(iii) a violation of any State law or local |
ordinance relating to motor
vehicle traffic control |
(other than parking violations) arising in
connection |
with a fatal traffic crash accident ; or
|
(iv) a violation of Section 6-501, relating to |
having multiple driver's
licenses; or
|
(v) a violation of paragraph (a) of Section 6-507, |
relating to the
requirement to have a valid CLP or CDL; |
or
|
(vi) a violation relating to improper or erratic |
traffic lane changes;
or
|
(vii) a violation relating to following another |
vehicle too closely; or
|
(viii) a violation relating to texting while |
driving; or |
(ix) a violation relating to the use of a |
hand-held mobile telephone while driving; or |
(B) any other similar violation of a law or local
|
ordinance of any state relating to motor vehicle traffic |
control, other
than a parking violation, which the |
Secretary of State determines by
administrative rule to be |
|
serious.
|
(27) State. "State" means a state of the United States, |
the District of
Columbia and any province or territory of |
Canada.
|
(28) (Blank).
|
(29) (Blank).
|
(30) (Blank).
|
(31) (Blank).
|
(32) Texting. "Texting" means manually entering |
alphanumeric text into, or reading text from, an electronic |
device. |
(1) Texting includes, but is not limited to, short |
message service, emailing, instant messaging, a command or |
request to access a World Wide Web page, pressing more |
than a single button to initiate or terminate a voice |
communication using a mobile telephone, or engaging in any |
other form of electronic text retrieval or entry for |
present or future communication. |
(2) Texting does not include: |
(i) inputting, selecting, or reading information |
on a global positioning system or navigation system; |
or |
(ii) pressing a single button to initiate or |
terminate a voice communication using a mobile |
telephone; or |
(iii) using a device capable of performing |
|
multiple functions (for example, a fleet management |
system, dispatching device, smart phone, citizens band |
radio, or music player) for a purpose that is not |
otherwise prohibited by Part 392 of the Federal Motor |
Carrier Safety Regulations. |
(32.3) Third party skills test examiner. "Third party |
skills test examiner" means a person employed by a third party |
tester who is authorized by the State to administer the CDL |
skills tests specified in 49 C.F.R. Part 383, subparts G and H. |
(32.5) Third party tester. "Third party tester" means a |
person (including, but not limited to, another state, a motor |
carrier, a private driver training facility or other private |
institution, or a department, agency, or instrumentality of a |
local government) authorized by the State to employ skills |
test examiners to administer the CDL skills tests specified in |
49 C.F.R. Part 383, subparts G and H. |
(32.7) United States. "United States" means the 50 states |
and the District of Columbia. |
(33) Use a hand-held mobile telephone. "Use a hand-held |
mobile telephone" means: |
(1) using at least one hand to hold a mobile telephone |
to conduct a voice communication; |
(2) dialing or answering a mobile telephone by |
pressing more than a single button; or |
(3) reaching for a mobile telephone in a manner that |
requires a driver to maneuver so that he or she is no |
|
longer in a seated driving position, restrained by a seat |
belt that is installed in accordance with 49 CFR 393.93 |
and adjusted in accordance with the vehicle manufacturer's |
instructions. |
(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20; |
101-652, eff. 1-1-23.)
|
(625 ILCS 5/6-500.2) (from Ch. 95 1/2, par. 6-500.2)
|
Sec. 6-500.2. Statement of intent and purpose. The purpose |
of this
UCDLA is to implement the federal Commercial Motor |
Vehicle Safety Act of
1986 (CMVSA) (Title XII of Pub. Law |
99-570) and reduce or prevent
commercial motor vehicle crashes |
accidents , fatalities and injuries by:
|
(a) permitting commercial drivers to hold only one |
driver's license;
|
(b) disqualifying commercial drivers who have committed |
certain serious
traffic violations, or other specified |
offenses; and
|
(c) strengthening commercial driver licensing and testing |
standards.
|
This UCDLA is remedial in nature and should be liberally |
construed to
promote the public's health, safety and welfare. |
To the extent that this
UCDLA conflicts with any other |
provisions of this Code, the UCDLA shall
prevail. Where this |
UCDLA is silent, the other general provisions of this
Code |
shall apply.
|
|
(Source: P.A. 86-845.)
|
(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
|
Sec. 6-514. Commercial driver's license (CDL); commercial |
learner's permit (CLP); disqualifications.
|
(a) A person shall be disqualified from driving a |
commercial motor
vehicle for a period of not less than 12 |
months for the first violation of:
|
(1) Refusing to submit to or failure to complete a |
test or tests to determine the driver's blood |
concentration of alcohol, other drug, or both
while |
driving a commercial motor vehicle or, if the driver is a |
CLP or CDL holder, while driving a non-CMV; or
|
(2) Operating a commercial motor vehicle while the |
alcohol
concentration of the person's blood, breath, other |
bodily substance, or urine is at least 0.04, or any
amount |
of a drug, substance, or compound in the person's blood, |
other bodily substance, or urine
resulting from the |
unlawful use or consumption of cannabis listed in the
|
Cannabis Control Act, a controlled substance listed in the |
Illinois
Controlled Substances Act, or methamphetamine as |
listed in the Methamphetamine Control and Community |
Protection Act as indicated by a police officer's sworn |
report or
other verified evidence; or operating a |
non-commercial motor vehicle while the alcohol |
concentration of the person's blood, breath, other bodily |
|
substance, or urine was above the legal limit defined in |
Section 11-501.1 or 11-501.8 or any amount of a drug, |
substance, or compound in the person's blood, other bodily |
substance, or urine resulting from the unlawful use or |
consumption of cannabis listed in the Cannabis Control |
Act, a controlled substance listed in the Illinois |
Controlled Substances Act, or methamphetamine as listed in |
the Methamphetamine Control and Community Protection Act
|
as indicated by a police officer's sworn report or other |
verified evidence while holding a CLP or CDL; or
|
(3) Conviction for a first violation of:
|
(i) Driving a commercial motor vehicle or, if the |
driver is a CLP or CDL holder, driving a non-CMV while |
under the influence of
alcohol, or any other drug, or |
combination of drugs to a degree which
renders such |
person incapable of safely driving; or
|
(ii) Knowingly leaving the scene of a crash an |
accident while
operating a commercial motor vehicle |
or, if the driver is a CLP or CDL holder, while driving |
a non-CMV; or
|
(iii) Driving a commercial motor vehicle or, if |
the driver is a CLP or CDL holder, driving a non-CMV |
while committing any felony; or |
(iv) Driving a commercial motor vehicle while the |
person's driving privileges or driver's license or |
permit is revoked, suspended, or cancelled or the |
|
driver is disqualified from operating a commercial |
motor vehicle; or |
(v) Causing a fatality through the negligent |
operation of a commercial motor vehicle, including but |
not limited to the crimes of motor vehicle |
manslaughter, homicide by a motor vehicle, and |
negligent homicide. |
As used in this subdivision (a)(3)(v), "motor |
vehicle manslaughter" means the offense of involuntary |
manslaughter if committed by means of a vehicle; |
"homicide by a motor vehicle" means the offense of |
first degree murder or second degree murder, if either |
offense is committed by means of a vehicle; and |
"negligent homicide" means reckless homicide under |
Section 9-3 of the Criminal Code of 1961 or the |
Criminal Code of 2012 and aggravated driving under the |
influence of alcohol, other drug or drugs, |
intoxicating compound or compounds, or any combination |
thereof under subdivision (d)(1)(F) of Section 11-501 |
of this Code.
|
If any of the above violations or refusals occurred |
while
transporting hazardous material(s) required to be |
placarded, the person
shall be disqualified for a period |
of not less than 3 years; or
|
(4) (Blank). |
(b) A person is disqualified for life for a second |
|
conviction of any of
the offenses specified in paragraph (a), |
or any combination of those
offenses, arising from 2 or more |
separate incidents.
|
(c) A person is disqualified from driving a commercial |
motor vehicle for
life if the person either (i) uses a |
commercial motor vehicle in the commission of any felony
|
involving the manufacture, distribution, or dispensing of a |
controlled
substance, or possession with intent to |
manufacture, distribute or dispense
a controlled substance or |
(ii) if the person is a CLP or CDL holder, uses a non-CMV in |
the commission of a felony involving any of those activities.
|
(d) The Secretary of State may, when the United States |
Secretary of
Transportation so authorizes, issue regulations |
in which a disqualification
for life under paragraph (b) may |
be reduced to a period of not less than 10
years.
If a |
reinstated driver is subsequently convicted of another |
disqualifying
offense, as specified in subsection (a) of this |
Section, he or she shall be
permanently disqualified for life |
and shall be ineligible to again apply for a
reduction of the |
lifetime disqualification.
|
(e) A person is disqualified from driving a commercial |
motor vehicle for
a period of not less than 2 months if |
convicted of 2 serious traffic
violations, committed in a |
commercial motor vehicle, non-CMV while holding a CLP or CDL, |
or any combination thereof, arising from separate
incidents, |
occurring within a 3 year period, provided the serious traffic |
|
violation committed in a non-CMV would result in the |
suspension or revocation of the CLP or CDL holder's non-CMV |
privileges. However, a person will be
disqualified from |
driving a commercial motor vehicle for a period of not less
|
than 4 months if convicted of 3 serious traffic violations, |
committed in a
commercial motor vehicle, non-CMV while holding |
a CLP or CDL, or any combination thereof, arising from |
separate incidents, occurring within a 3
year period, provided |
the serious traffic violation committed in a non-CMV would |
result in the suspension or revocation of the CLP or CDL |
holder's non-CMV privileges. If all the convictions occurred |
in a non-CMV, the disqualification shall be entered only if |
the convictions would result in the suspension or revocation |
of the CLP or CDL holder's non-CMV privileges.
|
(e-1) (Blank).
|
(f) Notwithstanding any other provision of this Code, any |
driver
disqualified from operating a commercial motor vehicle, |
pursuant to this
UCDLA, shall not be eligible for restoration |
of commercial driving
privileges during any such period of |
disqualification.
|
(g) After suspending, revoking, or cancelling a CLP or |
CDL, the Secretary of State must update the driver's records |
to reflect
such action within 10 days. After suspending or |
revoking the driving privilege
of any person who has been |
issued a CLP or CDL from another jurisdiction, the Secretary |
shall originate notification to
such issuing jurisdiction |
|
within 10 days.
|
(h) The "disqualifications" referred to in this Section |
shall not be
imposed upon any commercial motor vehicle driver, |
by the Secretary of
State, unless the prohibited action(s) |
occurred after March 31, 1992.
|
(i) A person is disqualified from driving a commercial |
motor vehicle in
accordance with the following:
|
(1) For 6 months upon a first conviction of paragraph |
(2) of subsection
(b) or subsection (b-3) of Section 6-507 |
of this Code.
|
(2) For 2 years upon a second conviction of paragraph |
(2) of subsection
(b) or subsection (b-3) or any |
combination of paragraphs (2) or (3) of subsection (b) or |
subsections (b-3) or (b-5) of Section 6-507 of this Code |
within a 10-year period if the second conviction is a |
violation of paragraph (2) of subsection (b) or subsection |
(b-3).
|
(3) For 3 years upon a third or subsequent conviction |
of paragraph (2) of
subsection (b) or subsection (b-3) or |
any combination of paragraphs (2) or (3) of subsection (b) |
or subsections (b-3) or (b-5) of Section 6-507 of this |
Code within a 10-year period if the third or subsequent |
conviction is a violation of paragraph (2) of subsection |
(b) or subsection (b-3).
|
(4) For one year upon a first conviction of paragraph |
(3) of subsection
(b) or subsection (b-5) of Section 6-507 |
|
of this Code.
|
(5) For 3 years upon a second conviction of paragraph |
(3) of subsection
(b) or subsection (b-5) or any |
combination of paragraphs (2) or (3) of subsection (b) or |
subsections (b-3) or (b-5) of Section 6-507 of this Code |
within a 10-year period if the second conviction is a |
violation of paragraph (3) of subsection (b) or (b-5).
|
(6) For 5 years upon a third or subsequent conviction |
of paragraph (3) of
subsection (b) or subsection (b-5) or |
any combination of paragraphs (2) or (3) of subsection (b) |
or subsections (b-3) or (b-5) of Section 6-507 of this |
Code within a 10-year period if the third or subsequent |
conviction is a violation of paragraph (3) of subsection |
(b) or (b-5).
|
(j) Disqualification for railroad-highway grade crossing
|
violation.
|
(1) General rule. A driver who is convicted of a |
violation of a federal,
State, or
local law or regulation |
pertaining to
one of the following 6 offenses at a |
railroad-highway grade crossing must be
disqualified
from |
operating a commercial motor vehicle for the period of |
time specified in
paragraph (2) of this subsection (j) if |
the offense was committed while
operating a commercial |
motor vehicle:
|
(i) For drivers who are not required to always |
stop, failing to
slow down and check that the tracks |
|
are clear of an approaching train or railroad track |
equipment, as
described in subsection (a-5) of Section |
11-1201 of this Code;
|
(ii) For drivers who are not required to always |
stop, failing to
stop before reaching the crossing, if |
the tracks are not clear, as described in
subsection |
(a) of Section 11-1201 of this Code;
|
(iii) For drivers who are always required to stop, |
failing to stop
before driving onto the crossing, as |
described in Section 11-1202 of this Code;
|
(iv) For all drivers, failing to have sufficient |
space to drive
completely through the crossing without |
stopping, as described in subsection
(b) of Section |
11-1425 of this Code;
|
(v) For all drivers, failing to obey a traffic |
control device or
the directions of an enforcement |
official at the crossing, as described in
subdivision |
(a)2 of Section 11-1201 of this Code;
|
(vi) For all drivers, failing to negotiate a |
crossing because of
insufficient undercarriage |
clearance, as described in subsection (d-1) of
Section |
11-1201 of this Code.
|
(2) Duration of disqualification for railroad-highway |
grade
crossing violation.
|
(i) First violation. A driver must be disqualified |
from operating a
commercial motor vehicle
for not less |
|
than 60 days if the driver is convicted of a violation |
described
in paragraph
(1) of this subsection (j) and, |
in the three-year period preceding the
conviction, the |
driver
had no convictions for a violation described in |
paragraph (1) of this
subsection (j).
|
(ii) Second violation. A driver must be |
disqualified from operating a
commercial
motor vehicle
|
for not less
than 120 days if the driver is convicted
|
of a violation described in paragraph (1) of this |
subsection (j) and, in the
three-year
period preceding |
the conviction, the driver had one other conviction |
for a
violation
described in paragraph (1) of this |
subsection (j) that was committed in a
separate
|
incident.
|
(iii) Third or subsequent violation. A driver must |
be disqualified from
operating a
commercial motor |
vehicle
for not less than one year if the driver is |
convicted
of a violation described in paragraph (1) of |
this subsection (j) and, in the
three-year
period |
preceding the conviction, the driver had 2 or more |
other convictions for
violations
described in |
paragraph (1) of this subsection (j) that were |
committed in
separate incidents.
|
(k) Upon notification of a disqualification of a driver's |
commercial motor vehicle privileges imposed by the U.S. |
Department of Transportation, Federal Motor Carrier Safety |
|
Administration, in accordance with 49 C.F.R. 383.52, the |
Secretary of State shall immediately record to the driving |
record the notice of disqualification and confirm to the |
driver the action that has been taken.
|
(l) A foreign commercial driver is subject to |
disqualification under this Section. |
(Source: P.A. 98-122, eff. 1-1-14; 98-176 (see Section 10 of |
P.A. 98-722 and Section 10 of P.A. 99-414 for the effective |
date of changes made by P.A. 98-176); 98-722, eff. 7-16-14; |
98-756, eff. 7-16-14; 98-1172, eff. 1-12-15; 99-697, eff. |
7-29-16.)
|
(625 ILCS 5/6-516) (from Ch. 95 1/2, par. 6-516)
|
Sec. 6-516. Implied consent requirements for commercial |
motor vehicle
drivers. |
(a) Effective April 1, 1992, any person who drives a |
commercial motor
vehicle upon the highways is hereby deemed to |
have given consent to submit
to a test or tests, subject to the |
provisions of Section 11-501.2 of this Code,
of such person's |
breath, blood or urine for the purpose of determining the
|
presence of alcohol, or other drugs, in such person's system.
|
(b) A test or tests may be administered at the direction of |
a law
enforcement officer, who after stopping or detaining the |
commercial motor
vehicle driver, has probable cause to believe |
that driver was driving a
commercial motor vehicle while |
having alcohol or any amount of a drug,
substance, or compound |
|
resulting from the unlawful use or consumption of
cannabis |
listed in the Cannabis Control Act, a controlled substance |
listed in
the Illinois Controlled Substances Act, or |
methamphetamine as listed in the Methamphetamine Control and |
Community Protection Act in such driver's system.
|
(c) Effective April 1, 1992, any person who operates a |
school bus at
the time of a crash an accident involving the |
school bus is hereby deemed to have
given consent to submit to |
a test or tests to be administered at the
direction of a law |
enforcement officer, subject to the provisions of
Section |
11-501.2 of this Code, of the driver's breath, blood or urine |
for
the purpose of determining the presence of alcohol, or |
other drugs, in the
person's system.
|
(Source: P.A. 95-355, eff. 1-1-08.)
|
(625 ILCS 5/6-703) (from Ch. 95 1/2, par. 6-703)
|
Sec. 6-703. Effect of Conviction.
|
(a) The licensing authority in the home state, for the |
purposes of
suspension, revocation or limitation of the |
license to operate a motor
vehicle, shall give the same effect |
to the conduct reported, pursuant to
Section 6-702, as it |
would if such conduct had occurred in the home state,
in the |
case of convictions for:
|
1. Manslaughter or negligent homicide resulting from the |
operation of a
motor vehicle;
|
2. Driving a motor vehicle while under the influence of |
|
intoxicating
liquor or a narcotic drug, or under the influence |
of any other drug to a
degree which renders the driver |
incapable of safely driving a motor
vehicle;
|
3. Any felony in the commission of which a motor vehicle is |
used;
|
4. Failure to stop and render aid in the event of a motor |
vehicle
crash accident resulting in the death or personal |
injury of another.
|
(b) As to other convictions, reported pursuant to Section |
6-702, the
licensing authority in the home state shall give |
such effect to the conduct
as is provided by the laws of the |
home state.
|
(c) If the laws of a party state do not provide for |
offenses or
violations denominated or described in precisely |
the words employed in
paragraph (a) of this Section, such |
party state shall construe the
denominations and descriptions |
appearing in paragraph (a) hereof as being
applicable to and |
identifying those offenses or violations of a
substantially |
similar nature, and the laws of such party state shall
contain |
such provision as may be necessary to ensure that full force |
and
effect is given to this Section.
|
(Source: P.A. 76-1615.)
|
(625 ILCS 5/6-1002) |
Sec. 6-1002. Enhanced skills driving school |
qualifications. In order to qualify for a license to operate |
|
an enhanced skills driving school, each applicant must: |
(1) Be of good moral character; |
(2) Be at least 21 years of age; |
(3) Maintain bodily injury and property damage |
liability insurance on motor vehicles while used in |
driving instruction, insuring the liability of the driving |
school, the driving instructors and any person taking |
instruction in at least the following amounts: $500,000 |
for bodily injury to or death of one person in any one |
crash accident and, subject to said limit for one person, |
$1,000,000 for bodily injury to or death of 2 or more |
persons in any one crash accident and the amount of |
$100,000 for damage to property of others in any one crash |
accident . Evidence of such insurance coverage in the form |
of a certificate from the insurance carrier shall be filed |
with the Secretary of State, and such certificate shall |
stipulate that the insurance shall not be cancelled except |
upon 10 days' prior written notice to the Secretary of |
State; |
(4) Have the equipment necessary to the giving of |
proper instruction in the operation of motor vehicles; and |
(5) Pay to the Secretary of State an application fee |
of $500 and $50 for each branch application.
|
(Source: P.A. 96-740, eff. 1-1-10.)
|
(625 ILCS 5/6-1004) |
|
Sec. 6-1004. Qualifications of enhanced skills driving |
school instructors. In order to qualify for a license as an |
instructor for an enhanced skills driving school, an applicant |
must: |
(1) Be of good moral character; |
(2) Have never been convicted of driving while under |
the influence of alcohol, other drugs, or a combination |
thereof; leaving the scene of a crash an accident ; |
reckless homicide or reckless driving; |
(3) Be physically able to operate safely a motor |
vehicle and to train others in the operation of motor |
vehicles; |
(4) Hold a valid drivers license; and |
(5) Pay to the Secretary of State an application and |
license fee of $70.
|
(Source: P.A. 96-740, eff. 1-1-10.)
|
(625 ILCS 5/6-1009) |
Sec. 6-1009. Denial, cancellation, suspension, revocation, |
and failure to renew license. The Secretary may deny, cancel, |
suspend or revoke, or refuse to renew any enhanced skills |
driving school license or any enhanced skills driving school |
instructor license: |
(1) When the Secretary is satisfied that the licensee |
fails to meet the requirements to receive or hold a |
license under this Code; |
|
(2) Whenever the licensee fails to keep records |
required by this Code or by any rule prescribed by the |
Secretary; |
(3) Whenever the licensee fails to comply with any |
provision of this Code or any rule of the Secretary made |
pursuant thereto; |
(4) Whenever the licensee represents himself or |
herself as an agent or employee of the Secretary or uses |
advertising designed to lead or which would reasonably |
have the effect of leading persons to believe that such |
licensee is in fact an employee or representative of the |
Secretary; |
(5) Whenever the licensee or any employee or agent of |
the licensee solicits driver training or instruction in an |
office of any department of the Secretary of State having |
to do with the administration of any law relating to motor |
vehicles, or within 1,500 feet of any such office; or |
(6) Whenever the licensee is convicted of driving |
while under the influence of alcohol, other drugs, or a |
combination thereof; leaving the scene of a crash an |
accident ; reckless homicide or reckless driving.
|
(Source: P.A. 96-740, eff. 1-1-10.)
|
(625 ILCS 5/Ch. 7 Art. II heading) |
ARTICLE II. SECURITY FOLLOWING CRASH ACCIDENT
|
|
(625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201)
|
Sec. 7-201. Application of Article II. The Administrator |
as soon as practicable after the receipt of the
report, |
required to be filed under Sections 11-406 and 11-410, of a |
motor
vehicle crash accident occurring within this State and |
that has resulted in
bodily injury or death of any person or |
that damage to the property of
any one person in excess of |
$1,500 (or $500 if any of the vehicles involved in the crash |
accident is subject to Section 7-601 but is not covered by a |
liability insurance policy in accordance with Section 7-601) |
was sustained, shall determine:
|
1. Whether Section 7-202 of this Code requires the |
deposit of security by
or on behalf of any person who was |
the operator or owner of any motor
vehicle in any manner |
involved in the crash accident ; and
|
2. What amount of security shall be sufficient to |
satisfy any potential
judgment or judgments for money |
damages resulting from the crash accident as may
be |
recovered against the operator or owner, which amount |
shall in no event
be less than $1,500 (or $500 if any of |
the vehicles involved in the crash accident is subject to |
Section 7-601 but is not covered by a liability insurance |
policy in accordance with Section 7-601).
|
(Source: P.A. 95-754, eff. 1-1-09.)
|
(625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1)
|
|
Sec. 7-201.1.
If the Administrator has not received a |
report required
to be filed under Sections 11-406 and 11-410, |
or if the information
contained in a report is insufficient, |
the Administrator shall send to the
person required to file |
the report a written request for the missing report
or the |
missing information. The Administrator shall send such request |
no
later than 45 days after the crash accident or 7 days after |
receiving information
that such crash accident has occurred, |
whichever is later.
|
If the request is sent to a driver involved in a crash an |
accident , the request
or an attachment thereto shall contain |
in bold print a warning that failure
to comply with the request |
within 15 days may result in the suspension of
the driver's |
license.
|
(Source: P.A. 84-797.)
|
(625 ILCS 5/7-201.2) (from Ch. 95 1/2, par. 7-201.2)
|
Sec. 7-201.2.
The Administrator, within 30 days after |
compiling
sufficient information on a motor vehicle crash |
accident , shall certify to the
Secretary of State the name of |
each owner and the name of each operator of
any vehicle |
involved in the crash accident , his determination that |
security is
required under this Code, and the amount of the |
security. The
Administrator also shall supply to the Secretary |
of State a copy of any
crash accident report requested by the |
Secretary.
|
|
The Administrator shall send a copy of the certification |
to each person
whose name is certified. The copy, or an |
attachment thereto, shall contain
in bold print an explanation |
that, because the person did not furnish the
Department of |
Transportation with evidence that he or she is insured or
|
otherwise able to pay for damages resulting from the crash |
accident , the person's
name has been forwarded to the |
Secretary of State for possible suspension
of his or her |
driver's license.
|
(Source: P.A. 84-797.)
|
(625 ILCS 5/7-202) (from Ch. 95 1/2, par. 7-202)
|
Sec. 7-202. Exceptions to requirements of security. (a) |
The requirements
as to security and suspension as provided by |
Sections 7-201 and 7-205 shall not apply:
|
1. To the driver or owner if such owner had in effect at |
the time of such
motor vehicle crash accident a liability |
policy covering such driver and owner
with respect to the |
vehicle involved in such motor vehicle crash
accident ;
|
2. To the driver, if not the owner of such vehicle, if |
there
was in effect at the time of such motor vehicle crash |
accident a liability policy
or bond with respect to the |
operation of motor vehicles not owned by the driver;
|
3. To the driver or owner if the liability of such driver |
or owner for
damages resulting from such motor vehicle crash |
accident is covered by any other
form of liability insurance |
|
policy or bond;
|
4. To the driver or owner, if such owner is qualified as a
|
self-insurer as provided in Section 7-502;
|
5. To the owner if such owner at the time of such motor |
vehicle crash accident
was in compliance with Section 8-101 or |
Section 9-101;
|
6. To the driver or owner if such owner at the time of such |
motor vehicle crash
accident was in compliance with the |
Federal Revised Interstate Commerce Act
(P.L. 95-473), as now |
or hereafter amended;
|
7. To the owner if the vehicle involved in such motor |
vehicle crash accident
was owned by the United States, this |
State or any political sub-division of
this State, any |
municipality therein, or any local Mass Transit District;
|
8. To the driver or the owner of a vehicle involved in a |
motor vehicle
crash accident wherein no injury or damage was |
caused to the person or
property of any one other than such |
driver or owner;
|
9. To the driver or the owner of a vehicle which at the |
time of the motor
vehicle crash accident was parked, unless |
such vehicle was parked at a place where
parking was at the |
time of the crash accident prohibited under any applicable
law |
or ordinance;
|
10. To the owner of a vehicle if at the time of the motor |
vehicle crash accident
the vehicle was being operated without |
his permission, express or implied,
or was parked by a person |
|
who had been operating such motor
vehicle without such |
permission;
|
11. To the driver, if not the owner, of a commercial motor |
vehicle on
which there was no liability policy or bond with |
respect to the
operation of such vehicle in effect at the time |
of the motor vehicle crash accident
when the driver was |
operating the vehicle in
the course of the driver's employment |
and had
no actual knowledge of such lack of a liability policy |
or bond prior to
the motor vehicle crash accident .
|
(b) If at the time of the motor vehicle crash accident , an |
owner or
driver is covered by a motor vehicle liability policy |
or bond meeting the
requirements of this Code, such owner or |
driver shall be exempt
from suspension under Section 7-205 as |
to that motor vehicle crash accident ,
if the company issuing |
the policy or bond has failed, and such policy or
bond was not |
effective at the time of the motor vehicle crash accident or
|
any time thereafter, provided, that the owner or driver had no |
knowledge
of the company's failure prior to the motor vehicle |
crash accident , and such
owner or driver has secured within 30 |
days after learning of such failure
another liability policy |
or bond meeting the requirements of the Code relating
to |
future occurrences or motor vehicle crashes accidents .
|
As used in this paragraph, the words "failed" or "failure"
|
mean that the company has suspended operations by order of a |
court.
|
(Source: P.A. 85-293.)
|
|
(625 ILCS 5/7-203) (from Ch. 95 1/2, par. 7-203)
|
Sec. 7-203. Requirements as to policy or bond. No such |
policy or bond referred to in Section 7-202 shall
be effective |
under this Section unless issued by an insurance company or
|
surety company authorized to do business in this State, except |
that if
such motor vehicle was not registered in this State, or |
was a motor
vehicle which was registered elsewhere than in |
this State at the
effective date of the policy or bond, or the |
most recent renewal
thereof, such policy or bond shall not be |
effective under this Section
unless the insurance company or |
surety company, if not authorized to do
business in this |
State, shall execute a power of attorney authorizing
the |
Secretary of State to accept service on its behalf of notice or
|
process in any action upon such policy or bond arising out of |
such
motor vehicle crash accident . However, every such policy |
or bond is subject, if
the motor vehicle crash accident has |
resulted in bodily injury or death, to
a limit, exclusive of |
interest and costs, of not less than $25,000 because of
bodily |
injury to or death of any one person in any one motor vehicle
|
crash accident and, subject to said limit for one person, to a |
limit of not less than
$50,000 because of bodily injury to or |
death of 2 or more persons
in any one motor vehicle crash |
accident , and, if the motor vehicle crash accident
has |
resulted in injury to or destruction of property, to a limit of |
not
less than $20,000 because of injury to or destruction of
|
|
property of others
in any one motor vehicle crash accident . |
The changes to this Section made by this amendatory Act of the |
98th General Assembly apply only to policies issued or renewed |
on or after January 1, 2015.
|
Upon receipt of a written motor vehicle crash accident
|
report from the Administrator the insurance company or surety |
company
named in such notice shall notify the Administrator |
within such time and
in such manner as the Administrator may |
require, in case such policy or
bond was not in effect at the |
time of such motor vehicle crash accident .
|
(Source: P.A. 98-519, eff. 1-1-15 .)
|
(625 ILCS 5/7-204) (from Ch. 95 1/2, par. 7-204)
|
Sec. 7-204. Form and amount of security - Definition.
|
(A) Any security required to be deposited under this Act |
shall be in
the form as the Secretary of State may require by |
administrative rule, and
in the amounts as the
Administrator |
may determine to be sufficient to satisfy any judgment or
|
judgments for damages against an operator or owner but in no |
case in excess
of the limits specified in Section 7-203 of this |
Act in reference to the
acceptable limits of a policy or bond |
nor for an amount less than $1,500 (or $500 if any of the |
vehicles involved in the crash accident is subject to Section |
7-601 but is not covered by a liability insurance policy in |
accordance with Section 7-601).
|
(B) The person depositing security shall specify in |
|
writing the person
or persons on whose behalf the deposit is |
made and, while at any time the
deposit is in the custody of |
the Secretary of State or State Treasurer, the
person |
depositing it may, in writing, amend the specification of the |
person
or persons on whose behalf the deposit is made to |
include an additional
person or persons; provided, however, |
that a single deposit of security
shall be applicable only on |
behalf of persons, required to furnish security
because of the |
same crash accident .
|
(C) Within 10 days after any security required under the |
provisions of
this Article is deposited with the Secretary of |
State, the Secretary shall
send notice of the security deposit |
to the following, if known:
|
1. To each owner and operator of any vehicle involved |
in the crash accident
that sustained damage in excess of |
$1,500 (or $500 if any of the vehicles involved in the |
crash accident is subject to Section 7-601 but is not |
covered by a liability insurance policy in accordance with |
Section 7-601);
|
2. To any person who sustained damage to personal or |
real property in
excess of $1,500 (or $500 if any of the |
vehicles involved in the crash accident is subject to |
Section 7-601 but is not covered by a liability insurance |
policy in accordance with Section 7-601);
|
3. To any person who was injured as a result of the |
crash accident ; and
|
|
4. To the estate of any person killed as a result of |
the crash accident .
|
(Source: P.A. 95-754, eff. 1-1-09.)
|
(625 ILCS 5/7-208) (from Ch. 95 1/2, par. 7-208)
|
Sec. 7-208. Agreements for payment of damages. (a) Any 2
|
or more of the persons involved in
a motor vehicle crash |
accident subject
to the provisions of Section 7-201 or their |
authorized representatives,
may at any time enter into a
|
written agreement for the payment of an agreed amount in |
installments, with
respect to all claims for injuries or |
damages resulting from the motor
vehicle crash accident .
|
(b) The Secretary of State, to the extent provided by any
|
such written agreement properly filed with him, shall not |
require the
deposit of security and shall terminate any prior |
order of suspension, or,
if security has
previously been |
deposited, the Secretary of State shall immediately return
|
such security to the depositor or an appropriate personal |
representative.
|
(c) In the event of a default in any payment under such |
agreement
and upon notice of such default the Secretary of |
State shall forthwith suspend
the driver's license and |
registration, or nonresident's
operating privileges, of such |
person in default which shall not be restored
unless and |
until:
|
1. Such person deposits and thereafter maintains |
|
security
as required under Section 7-201 in such amount as |
the Secretary of State
may then determine,
|
2. Two years have elapsed since the acceptance of the |
notice of
default by the Secretary of State and
during |
such period no action upon such agreement has been |
instituted in
any court having jurisdiction, or
|
3. The person enters into a second written agreement |
for the payment of an
agreed amount in installments with |
respect to all claims for injuries or
damages resulting |
from the motor vehicle crash accident .
|
(Source: P.A. 90-774, eff. 8-14-98.)
|
(625 ILCS 5/7-209) (from Ch. 95 1/2, par. 7-209)
|
Sec. 7-209. Payment upon judgment. The payment of a |
judgment arising out
of a motor vehicle crash accident or the |
payment upon such judgment
of an amount equal to the maximum |
amount which could be required for deposit
under this Article |
shall for the purposes of this Code be
deemed satisfied.
|
(Source: P.A. 83-831.)
|
(625 ILCS 5/7-211) (from Ch. 95 1/2, par. 7-211)
|
Sec. 7-211. Duration of suspension.
|
(a) Unless a suspension is terminated
under other |
provisions of this Code, the driver's license or registration
|
and nonresident's operating privilege suspended as provided in |
Section
7-205 shall remain suspended and shall not be renewed |
|
nor shall any
license or registration be issued to the person |
until:
|
1. The person deposits or there shall
be deposited and |
filed on
the person's behalf the security required under |
Section 7-201;
|
2. Two years have elapsed following the date the |
driver's license
and registrations were suspended and |
evidence satisfactory to the Secretary
of State that |
during the period no action for damages arising
out of a
|
motor vehicle crash accident has been properly filed;
|
3. Receipt of proper notice that the person has filed |
bankruptcy which
would include all claims for personal |
injury and property damage resulting
from the crash |
accident ;
|
4. After the expiration of 5 years from the date of the |
crash accident , the
Secretary of State has not received |
documentation that any action at law
for damages arising |
out of the motor vehicle crash accident has been filed |
against
the person; or |
5. The statute of limitations has expired and the |
person seeking reinstatement provides evidence |
satisfactory to the Secretary of State that, during the |
statute of limitations period, no action for damages |
arising out of a motor vehicle crash accident has been |
properly filed.
|
An affidavit that no action at law for damages arising
out |
|
of the motor vehicle crash accident has been filed against the |
applicant,
or if filed that it is not still pending shall be |
prima facie evidence
of that fact. The Secretary of State may |
take whatever steps are necessary
to verify the statement set |
forth in the applicant's affidavit.
|
(b) The driver's license or registration and nonresident's |
operating
privileges suspended as provided in Section 7-205 |
shall also remain suspended
and shall not be renewed nor shall |
any license or registration be issued to the
person until the |
person gives proof of his or her financial responsibility in
|
the future as provided in Section 1-164.5. The proof is to be
|
maintained by the
person in a manner satisfactory to the |
Secretary of State for a period of 3
years after the date the |
proof is first filed.
|
(Source: P.A. 102-52, eff. 1-1-22 .)
|
(625 ILCS 5/7-212) (from Ch. 95 1/2, par. 7-212)
|
Sec. 7-212. Authority of Administrator and Secretary of |
State to decrease
amount of
security. The Administrator may |
reduce the amount of security ordered in any
case
within one |
year after the date of the crash accident , but in no event for |
an
amount less than $1,500 (or $500 if any of the vehicles |
involved in the crash accident is subject to Section 7-601 but |
is not covered by a liability insurance policy in accordance |
with Section 7-601), if, in the judgment of the Administrator |
the amount
ordered is excessive, or may revoke or rescind its |
|
order requiring the
deposit of security in any case within one |
year after the date of the
crash accident if, in the judgment |
of the Administrator, the provisions of
Sections 7-202 and |
7-203 excuse or exempt the operator or owner from the
|
requirement of the deposit. In case the security originally |
ordered has
been deposited the excess of the reduced amount |
ordered shall be returned
to the depositor or his or her |
personal representative forthwith, notwithstanding
the |
provisions of Section 7-214. The Secretary of State likewise |
shall have
authority granted to the Administrator to reduce |
the amount of security
ordered by the Administrator.
|
(Source: P.A. 95-754, eff. 1-1-09.)
|
(625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
|
Sec. 7-214. Disposition of security. Such security shall |
be applicable only to the payment of a judgment or
judgments, |
rendered against the person or persons on whose behalf the
|
deposit was made, for damages arising out of the crash |
accident in question, in
an action at law, begun not later than |
the later of
(i)
the expiration of the relevant statute of |
limitations
or (ii) 2 years after the
date of any default in |
any payment under an installment agreement for payment
of |
damages, and such deposit or any balance thereof shall be |
returned to the
depositor or his or her personal |
representative when evidence satisfactory to the
Secretary of |
State has been filed with him:
|
|
1. that there has been a release from liability, or a |
final adjudication
of non-liability; or
|
2. a duly acknowledged written agreement in accordance |
with Section
7-208 of this Act; or
|
3. whenever after the expiration of the statute of |
limitations
or (ii) 2 years after the date of
any default |
in any payment under an installment agreement for payment |
of
damages, the Secretary of State shall be given |
reasonable evidence that
there is no such action pending |
and no judgment rendered in such action
left unpaid.
|
If, after releasing security to a judgment debtor or |
claimant, the balance of the security posted with the |
Secretary is $5 or less, the balance shall be transferred to |
the General Revenue Fund. The
Secretary shall compile a list |
of all security amounts of $5 or less annually in July and |
shall certify that amount to the State Comptroller. As soon as |
possible after receiving the certification, the State |
Comptroller shall order transferred and the State Treasurer |
shall transfer the amount certified to the General Revenue |
Fund. |
(Source: P.A. 102-52, eff. 1-1-22 .)
|
(625 ILCS 5/7-216) (from Ch. 95 1/2, par. 7-216)
|
Sec. 7-216. Reciprocity; residents and nonresidents; |
licensing of nonresidents. |
(a) When
a nonresident's operating privilege is suspended
|
|
pursuant to Section 7-205 the Secretary of State shall |
transmit a certified
copy of the record of such action to the |
official in charge of the issuance
of driver's license and |
registration certificates in the state in which
such |
nonresident resides, if the law of such other
state provides |
for action in relation thereto similar to that provided for
in |
subsection (b).
|
(b) Upon receipt of such certification that the operating
|
privilege of a resident of this State has been suspended or |
revoked in any such other
state pursuant to a law providing for |
its suspension or revocation for
failure to deposit security |
for the payment of judgments arising out of a
motor vehicle |
crash accident , or for failure to deposit security under
|
circumstances which would require the Secretary of State to |
suspend a
nonresident's operating privilege had the motor
|
vehicle crash accident occurred in this State, the Secretary |
of State shall
suspend the driver's license of such resident |
and all other registrations.
Such suspension shall continue |
until such resident
furnishes evidence of compliance with the |
law of such other state
relating to the deposit of such |
security.
|
(c) In case the operator or the owner of a motor vehicle |
involved
in a motor vehicle crash accident within this State |
has no driver's
license or registration, such operator shall |
not be allowed a
driver's license or registration until the |
operator has complied
with the requirements of Sections 7-201 |
|
through 7-216 to the same extent that would be
necessary if, at |
the time of the motor vehicle crash accident , such operator
|
had held a license and registration.
|
(Source: P.A. 100-863, eff. 8-14-18.)
|
(625 ILCS 5/7-303) (from Ch. 95 1/2, par. 7-303)
|
Sec. 7-303. Suspension of driver's licenses, registration
|
certificates, license plates or digital license plates, and |
registration stickers or digital registration stickers for |
failure to satisfy
judgment. |
(a) The Secretary of State shall, except as provided in |
paragraph
(d), suspend the driver's license issued to any
|
person upon receiving an authenticated report as hereinafter |
provided for
in Section 7-307 that the
person has failed for a |
period of 30 days to satisfy any final
judgment in amounts as |
hereinafter stated, and shall also suspend the
registration |
certificate, license plates or digital license plates, and |
registration
sticker or digital registration sticker of the |
judgment debtor's motor vehicle involved in the crash as |
indicated in the authenticated report.
|
(b) The term "judgment" shall mean: A final judgment of |
any court of
competent jurisdiction of any State, against a |
person as defendant for
damages on account of bodily injury to |
or death of any person or damages to
property resulting from |
the operation, on and after July 12, 1938, of any
motor |
vehicle.
|
|
(c) The term "State" shall mean: Any State, Territory, or |
possession of
the United States, the District of Columbia, or |
any province of the
Dominion of Canada.
|
(d) The Secretary of State shall not suspend the driver's
|
license, registration certificates, registration stickers or |
digital registration stickers, or license
plates or digital |
license plates of the judgment debtor, nor shall such judgment |
debtor be subject
to the suspension provisions of Sections |
7-308 and 7-309 if all the following
conditions are met:
|
1. At the time of the motor vehicle crash accident |
which gave
rise to the unsatisfied
judgment the judgment |
debtor was covered by a motor vehicle liability
policy or |
bond meeting the requirements of this Chapter;
|
2. The insurance company which issued the policy or |
bond has failed and
has suspended operations by order of a |
court;
|
3. The judgment debtor had no knowledge of the |
insurance company's
failure prior to the motor vehicle |
crash accident ;
|
4. Within 30 days after learning of the insurance |
company's failure the
judgment debtor secured another |
liability policy or bond meeting the
requirements of this |
Article relating to future occurrences or crashes |
accidents ;
|
5. The insurance company which issued the motor |
vehicle liability
policy or bond that covered the judgment |
|
debtor at the time of the motor
vehicle crash accident is |
unable to satisfy the judgment in the amounts specified
in |
Section 7-311;
|
6. The judgment debtor presents to the Secretary of |
State such
certified documents or other proofs as the |
Secretary of State may require
that all of the conditions |
set forth in this Section have been met.
|
(Source: P.A. 101-395, eff. 8-16-19.)
|
(625 ILCS 5/7-309) (from Ch. 95 1/2, par. 7-309)
|
Sec. 7-309. Suspension to continue until judgments paid |
and proof given.
|
(a) The suspension of such driver's license, license |
plates
and registration stickers shall remain in effect and no |
other vehicle shall
be registered in the name of such judgment |
debtor, nor any new license issued
to such person (including |
any such person not previously licensed), unless
and until the |
Secretary of State receives authenticated documentation that
|
such judgment is satisfied, or dormant as provided for in |
Section 12-108 of
the Code of Civil Procedure, as now or |
hereafter amended, or stayed by
court order, and the judgment |
debtor gives proof of financial
responsibility, as hereinafter |
provided. The Secretary of State may
terminate the suspension |
of such person's driver's license,
license plates
and |
registration stickers and no proof of financial responsibility |
shall be
required on any existing suspensions under this |
|
Article which are more than 20
years old.
|
(b) Whenever, after one judgment is satisfied and proof of |
financial
responsibility is given as herein required, another |
such judgment is
rendered against the judgment debtor for any |
motor vehicle crash accident
occurring prior to the date of |
the giving of said proof and such person
fails to satisfy the |
latter judgment within the amounts specified herein
within 30 |
days after the same becomes final, then the Secretary of State
|
shall again suspend the driver's license of such judgment |
debtor and shall
again suspend the registration of any vehicle |
registered in the name of
such judgment debtor as owner. Such |
driver's license and registration
shall not be renewed nor |
shall a driver's license and registration of any
vehicle be |
issued to such judgment debtor while such latter judgment
|
remains in effect and unsatisfied within the amount specified |
herein.
|
(Source: P.A. 90-655, eff. 7-30-98.)
|
(625 ILCS 5/7-310) (from Ch. 95 1/2, par. 7-310)
|
Sec. 7-310. Petition for discharge filed in bankruptcy. A
|
petition for discharge filed in bankruptcy following the |
rendering of any judgment shall
relieve the judgment debtor |
from the requirements of this Chapter 7, except that the |
judgment debtor's drivers license shall remain suspended and |
may not be renewed, and the judgment debtor may not be issued a |
license or registration, until the judgment debtor gives proof |
|
of his or her financial responsibility in the future, as |
provided in Section 1-164.5. The proof is to be maintained by |
the judgment debtor, in a manner satisfactory to the Secretary |
of State, for a period of 3 years after the date on which the |
proof is first filed.
|
A petition for discharge filed in bankruptcy of the owner
|
or lessee of a commercial vehicle by whom the judgment debtor |
is employed
at the time of the motor vehicle crash accident |
that gives rise to the
judgment
also shall relieve the |
judgment debtor so employed from any of the
requirements of |
this Chapter 7 if the discharge of the owner or lessee
follows |
the rendering of the judgment and if the judgment debtor
so |
employed
was operating the commercial vehicle in connection |
with his or her
regular employment or occupation at the time of |
the crash accident .
This amendatory
act of 1985 applies to all |
cases irrespective of whether the crash accident
giving rise |
to the suspension of license or registration occurred before,
|
on, or after its effective date.
|
(Source: P.A. 93-982, eff. 1-1-05.)
|
(625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
|
Sec. 7-311. Payments sufficient to satisfy requirements. |
(a) Judgments herein referred to arising out of motor |
vehicle crashes accidents
occurring on or after January 1, |
2015 (the effective date of Public Act 98-519) shall for the |
purpose of this
Chapter be deemed satisfied:
|
|
1. when $25,000 has been credited upon any judgment or |
judgments
rendered in excess of that amount for bodily |
injury to or the death of
one person as the result of any |
one motor vehicle crash accident ; or
|
2. when, subject to said limit of $25,000 as to any one |
person, the sum
of $50,000 has been credited upon any |
judgment or judgments rendered
in excess of that amount |
for bodily injury to or the death of more than
one person |
as the result of any one motor vehicle crash accident ; or
|
3. when $20,000 has been credited upon any judgment or |
judgments,
rendered in excess of that amount for damages |
to property of others as a
result of any one motor vehicle |
crash accident .
|
The changes to this subsection made by Public Act 98-519 |
apply only to policies issued or renewed on or after January 1, |
2015. |
(b) Credit for such amounts shall be deemed a satisfaction |
of any such
judgment or judgments in excess of said amounts |
only for the purposes of
this Chapter.
|
(c) Whenever payment has been made in settlement of any |
claim for bodily
injury, death, or property damage arising |
from a motor vehicle crash accident
resulting in injury, |
death, or property damage to two or more persons in
such crash |
accident , any such payment shall be credited in reduction of |
the
amounts provided for in this Section.
|
(Source: P.A. 99-78, eff. 7-20-15; 100-201, eff. 8-18-17.)
|
|
(625 ILCS 5/7-316) (from Ch. 95 1/2, par. 7-316)
|
Sec. 7-316.
Certificate furnished by nonresident
as proof. |
Any nonresident owner of a motor vehicle
not registered in |
this State may give proof of financial responsibility
by |
filing with the Secretary of State a certificate or |
certificates of an
insurance carrier authorized to transact |
business in the state or province
of the Dominion of Canada in
|
which the motor vehicle or motor vehicles described in such |
certificate
are registered, or if such nonresident does
not |
own a motor vehicle then in the state or province of the |
Dominion of
Canada in which the insured resides, and otherwise |
conforming to the provisions
of this Code, and the Secretary |
of State shall accept the same
if such carrier shall:
|
1. Execute a power of attorney authorizing the Secretary |
of State to accept
service on its behalf of notice of process |
in any action arising out
of a motor vehicle crash accident in |
this State;
|
2. Duly adopt a resolution which shall be binding upon it |
declaring that
its policies shall be deemed to be varied to |
comply with the laws of this
State relating to the terms of |
motor vehicle liability policies as required
by Section 7-317; |
and
|
3. Agree to accept as final and binding any final judgment |
duly rendered
in any action arising out of a motor vehicle |
crash accident in any court of
competent jurisdiction in this |
|
State.
|
(Source: P.A. 83-831.)
|
(625 ILCS 5/7-317) (from Ch. 95 1/2, par. 7-317)
|
Sec. 7-317. "Motor vehicle liability policy" defined. |
(a)
Certification. -A "motor vehicle liability policy", as |
that term is
used in this Act, means an "owner's policy" or an |
"operator's policy" of
liability insurance, certified as |
provided in Section 7-315 or Section
7-316 as proof of |
financial responsibility for the future, and issued,
except as |
otherwise provided in Section 7-316, by an insurance carrier
|
duly authorized to transact business in this State, to or for |
the
benefit of the person named therein as insured.
|
(b) Owner's Policy. --Such owner's policy of liability |
insurance:
|
1. Shall designate by explicit description or by |
appropriate
reference, all motor vehicles with respect to |
which coverage is thereby
intended to be granted;
|
2. Shall insure the person named therein and any other |
person using
or responsible for the use of such motor |
vehicle or vehicles with the
express or implied permission |
of the insured;
|
3. Shall insure every named insured and any other |
person using or
responsible for the use of any motor |
vehicle owned by the named insured
and used by such other |
person with the express or implied permission of
the named |
|
insured on account of the maintenance, use or operation of |
any
motor vehicle owned by the named insured, within the |
continental limits
of the United States or the Dominion of |
Canada against loss from
liability imposed by law arising |
from such maintenance, use or
operation, to the extent and |
aggregate amount, exclusive of interest and
cost, with |
respect to each motor vehicle, of $25,000 for bodily |
injury
to or death of one person as a result of any one |
crash accident and, subject
to such limit as to one |
person, the amount of $50,000 for bodily injury
to or |
death of all persons as a result of any one crash accident |
and the
amount of $20,000 for damage to property of others |
as a result of any
one crash accident . The changes to this |
paragraph made by this amendatory Act of the 98th General |
Assembly apply only to policies issued or renewed on or |
after January 1, 2015.
|
(c) Operator's Policy. --When an operator's policy is |
required, it
shall insure the person named therein as insured |
against the liability
imposed by law upon the insured for |
bodily injury to or death of any
person or damage to property |
to the amounts and limits above set forth
and growing out of |
the use or operation by the insured within the
continental |
limits of the United States or the Dominion of Canada of any
|
motor vehicle not owned by him.
|
(d) Required Statements in Policies. --Every motor vehicle |
liability
policy must specify the name and address of the |
|
insured, the coverage
afforded by the policy, the premium |
charged therefor, the policy period,
and the limits of |
liability, and shall contain an agreement that the
insurance |
thereunder is provided in accordance with the coverage defined
|
in this Act, as respects bodily injury and death or property |
damage or
both, and is subject to all the provisions of this |
Act.
|
(e) Policy Need Not Insure Workers' Compensation. --Any |
liability
policy or policies issued hereunder need not cover |
any liability of the
insured assumed by or imposed upon the |
insured under any workers'
compensation law nor any liability |
for damage to property in charge of
the insured or the |
insured's employees.
|
(f) Provisions Incorporated in Policy. --Every motor |
vehicle
liability policy is subject to the following |
provisions which need not
be contained therein:
|
1. The liability of the insurance carrier under any |
such policy
shall become absolute whenever loss or damage |
covered by the policy
occurs and the satisfaction by the |
insured of a final judgment for such
loss or damage shall |
not be a condition precedent to the right or
obligation of |
the carrier to make payment on account of such loss or
|
damage.
|
2. No such policy may be cancelled or annulled as |
respects any loss
or damage, by any agreement between the |
carrier and the insured after
the insured has become |
|
responsible for such loss or damage, and any such
|
cancellation or annulment shall be void.
|
3. The insurance carrier shall, however, have the |
right to settle
any claim covered by the policy, and if |
such settlement is made in good
faith, the amount thereof |
shall be deductible from the limits of
liability specified |
in the policy.
|
4. The policy, the written application therefor, if |
any, and any
rider or endorsement which shall not conflict |
with the provisions of
this Act shall constitute the |
entire contract between the parties.
|
(g) Excess or Additional Coverage. --Any motor vehicle |
liability
policy may, however, grant any lawful coverage in |
excess of or in
addition to the coverage herein specified or |
contain any agreements,
provisions, or stipulations not in |
conflict with the provisions of this
Act and not otherwise |
contrary to law.
|
(h) Reimbursement Provision Permitted. --The policy may |
provide that
the insured, or any other person covered by the |
policy shall reimburse
the insurance carrier for payment made |
on account of any loss or damage
claim or suit involving a |
breach of the terms, provisions or conditions
of the policy; |
and further, if the policy shall provide for limits in
excess |
of the limits specified in this Act, the insurance carrier may
|
plead against any plaintiff, with respect to the amount of |
such excess
limits of liability, any defense which it may be |
|
entitled to plead
against the insured.
|
(i) Proration of Insurance Permitted. --The policy may |
provide for
the pro-rating of the insurance thereunder with |
other applicable valid
and collectible insurance.
|
(j) Binders. --Any binder pending the issuance of any |
policy, which
binder contains or by reference includes the |
provisions hereunder shall
be sufficient proof of ability to |
respond in damages.
|
(k) Copy of Policy to Be Filed with Department of
|
Insurance--Approval. --A copy of the form of every motor |
vehicle
liability policy which is to be used to meet the |
requirements of this
Act must be filed, by the company |
offering such policy, with the
Department of Insurance, which |
shall approve or disapprove the policy
within 30 days of its |
filing. If the Department approves the policy in
writing |
within such 30 day period or fails to take action for 30 days,
|
the form of policy shall be deemed approved as filed. If within |
the 30
days the Department disapproves the form of policy |
filed upon the ground
that it does not comply with the |
requirements of this Act, the
Department shall give written |
notice of its decision and its reasons
therefor to the carrier |
and the policy shall not be accepted as proof of
financial |
responsibility under this Act.
|
(l) Insurance Carrier Required to File Certificate. --An |
insurance
carrier who has issued a motor vehicle liability |
policy or policies or
an operator's policy meeting the |
|
requirements of this Act shall, upon
the request of the |
insured therein, deliver to the insured for filing,
or at the |
request of the insured, shall file direct, with the Secretary
|
of State a certificate, as required by this Act, which shows |
that such
policy or policies have been issued. No insurance |
carrier may require
the payment of any extra fee or surcharge, |
in addition to the insurance
premium, for the execution, |
delivery or filing of such certificate.
|
(m) Proof When Made By Endorsement. --Any motor vehicle |
liability
policy which by endorsement contains the provisions |
required hereunder
shall be sufficient proof of ability to |
respond in damages.
|
(Source: P.A. 98-519, eff. 1-1-15 .)
|
(625 ILCS 5/7-328) (from Ch. 95 1/2, par. 7-328)
|
Sec. 7-328. Duration of proof - When proof may be canceled |
or returned.
The Secretary of State shall upon request cancel |
any bond or return any
certificate of insurance, or the |
Secretary of State shall direct and the
State Treasurer shall |
return to the person entitled thereto any money or
securities, |
deposited pursuant to this Chapter as proof of financial
|
responsibility or waive the requirements of filing proof of |
financial
responsibility in any of the following events:
|
1. In the event of the death of the person on whose behalf |
such proof
was filed, or the permanent incapacity of such |
person to operate a motor
vehicle;
|
|
2. In the event the person who has given proof of financial
|
responsibility surrenders such person's driver's
license, |
registration
certificates, license plates and registration |
stickers, but the Secretary
of State shall not release such |
proof in the event any action for damages
upon a liability |
referred to in this Article is then pending
or any judgment |
upon any such liability is then outstanding and unsatisfied
or |
in the event the Secretary of State has received notice that |
such person
has, within the period of 3 months immediately |
preceding,
been involved as a driver in any motor vehicle |
crash accident . An affidavit of
the applicant of the |
nonexistence of such facts shall
be sufficient evidence |
thereof in the absence of evidence to the contrary
in the |
records of the Secretary of State. Any person who has
not |
completed the required 3 year period of proof of financial
|
responsibility pursuant to Section 7-304, and to whom proof
|
has been surrendered as provided in this paragraph applies for |
a driver's
license or the
registration of a motor vehicle |
shall have the application denied
unless the applicant |
re-establishes
such proof for the remainder of such period.
|
3. In the event that proof of financial responsibility has |
been
deposited voluntarily, at any time upon request of the |
person entitled
thereto, provided that the person on whose |
behalf such proof was given has
not, during the period between |
the date of the original deposit thereof and
the date of such |
request, been convicted of any offense for which
revocation is |
|
mandatory as provided in Section 6-205; provided, further,
|
that no action for damages is pending against such person on |
whose behalf
such proof of financial responsibility was |
furnished and no judgment
against such person is outstanding |
and unsatisfied in respect to bodily
injury, or in respect to |
damage to property resulting from the ownership,
maintenance, |
use or operation hereafter of a motor vehicle. An affidavit
of |
the applicant under this Section shall be sufficient evidence |
of the facts
in the absence of evidence to the contrary in the |
records of the Secretary
of State.
|
(Source: P.A. 85-321.)
|
(625 ILCS 5/7-329) (from Ch. 95 1/2, par. 7-329)
|
Sec. 7-329. Proof of financial responsibility made |
voluntarily.
1. Proof of financial responsibility may be |
voluntarily by or on behalf
of any person. The privilege of |
operation of any motor vehicle within this
State by such |
person shall not be suspended or withdrawn under the
|
provisions of this Article if such proof of financial |
responsibility
has been voluntarily filed or deposited prior |
to the offense or crash accident
out of which any conviction, |
judgment, or order arises and if such proof, at the
date of |
such conviction, judgment, or order, is valid and sufficient |
for
the requirements of this Code.
|
2. If the Secretary of State receives record of any |
conviction or
judgment against such person which, in the |
|
absence of such proof of
financial responsibility would have |
caused the suspension of the driver's
license of such person, |
the Secretary of State shall forthwith
notify the insurer or |
surety of such person of the conviction or judgment so |
reported.
|
(Source: P.A. 83-831.)
|
(625 ILCS 5/7-502) (from Ch. 95 1/2, par. 7-502)
|
Sec. 7-502. Self-insurers. Any person in whose name more |
than 25 motor vehicles are registered may
qualify as a |
self-insurer by obtaining a certificate of self-insurance
|
issued by the Director of the Department of Insurance as |
provided in this Section.
|
The Director may, in his discretion, upon the application |
of
such a person, issue a certificate of self-insurance when |
he is satisfied
that such person is possessed and will |
continue to be possessed of ability
to pay judgment obtained |
against such person.
|
Upon not less than 5 days' notice, and a hearing pursuant |
to such
notice, the Director may upon reasonable grounds |
cancel a
certificate of self-insurance. Failure to pay any |
judgment against any
person covered by such certificate of |
self-insurance and arising out of any
crash accident in which |
a motor vehicle covered by such certificate of
self-insurance |
has been involved within 30 days after such judgment shall
|
have become final shall constitute a reasonable ground for the |
|
cancellation
of a certificate of self-insurance.
|
(Source: P.A. 82-138.)
|
(625 ILCS 5/7-504)
|
Sec. 7-504. Emergency telephone system outages; |
reimbursement. Any person
who negligently causes a motor |
vehicle crash accident that causes an emergency
telephone |
system outage must reimburse the public safety agency that |
provides
personnel to answer calls or to maintain or operate |
an emergency telephone
system during the outage for the |
agency's costs associated with answering calls
or maintaining |
or operating the system during the outage. For the purposes of
|
this Section, "public safety agency" means the same as in |
Section 2.02 of the
Emergency Telephone System Act.
|
(Source: P.A. 92-149, eff. 1-1-02.)
|
(625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
|
Sec. 7-604. Verification of liability insurance policy.
|
(a) The Secretary of State may select random samples
of |
registrations of motor vehicles subject to Section 7-601 of |
this Code,
or owners thereof, for the purpose of verifying |
whether or not the motor
vehicles are insured.
|
In addition to such general random samples of motor |
vehicle
registrations, the Secretary may select for
|
verification other random samples, including, but not limited |
to
registrations of motor vehicles owned by persons:
|
|
(1) whose motor vehicle registrations during the |
preceding 4 years have
been suspended pursuant to Section |
7-606 or 7-607 of this Code;
|
(2) who during the preceding 4 years have been |
convicted of violating
Section 3-707, 3-708, or 3-710 of |
this Code while operating vehicles
owned by other persons;
|
(3) whose driving privileges have been suspended |
during the preceding 4
years;
|
(4) who during the preceding 4 years acquired |
ownership of motor
vehicles while the registrations of |
such vehicles under the previous owners
were suspended |
pursuant to Section 7-606 or 7-607 of this Code; or
|
(5) who during the preceding 4 years have received a |
disposition of
supervision under subsection (c) of Section |
5-6-1 of the Unified Code of
Corrections for a violation |
of Section 3-707, 3-708, or 3-710 of this Code.
|
(b) Upon receiving certification from the Department of |
Transportation
under Section 7-201.2 of this Code of the name |
of an owner or operator of any
motor vehicle involved in a |
crash an accident , the Secretary may verify whether or
not at |
the time of the crash accident such motor vehicle was covered |
by a
liability insurance policy in accordance with Section |
7-601 of this Code.
|
(c) In preparation for selection of random samples and |
their
verification, the Secretary may send to owners of |
randomly selected motor
vehicles, or to randomly selected |
|
motor vehicle owners, requests for
information about their |
motor vehicles and liability
insurance coverage electronically |
or, if electronic means are unavailable, via U.S. mail. The |
request shall require the owner to state whether
or not the |
motor vehicle was insured on the verification date stated in |
the
Secretary's request and the request may require, but is |
not limited to,
a statement by the owner of the names and |
addresses of insurers, policy
numbers, and expiration dates of |
insurance coverage.
|
(d) Within 30 days after the Secretary sends a request |
under subsection (c) of this Section, the owner to
whom it is |
sent shall furnish the requested information to the Secretary
|
above the owner's signed affirmation that such information is |
true and
correct. Proof of insurance in effect on the |
verification date, as
prescribed by the Secretary, may be |
considered by the Secretary to be a
satisfactory response to |
the request for information.
|
Any owner whose response indicates that his or her vehicle |
was
not covered by a liability insurance policy in accordance |
with
Section 7-601 of this Code shall be deemed to have |
registered or maintained
registration of a motor vehicle in |
violation of that Section. Any owner who
fails to respond to |
such a request shall be deemed to have registered or
|
maintained registration of a motor vehicle in violation of |
Section
7-601 of this Code.
|
(e) If the owner responds to the request for information |
|
by asserting
that his or her vehicle was covered by a liability |
insurance policy on the
verification date stated in the |
Secretary's request, the Secretary may
conduct a verification |
of the response by furnishing necessary information
to the |
insurer named in the response. The insurer shall within
45 |
days
inform the Secretary whether or not on the verification |
date stated the
motor vehicle was insured by the insurer in |
accordance with Section 7-601
of this Code. The Secretary may |
by rule and regulation prescribe the
procedures for |
verification.
|
(f) No random sample selected under this Section shall be |
categorized on
the basis of race, color, religion, sex, |
national origin, ancestry, age,
marital status, physical or |
mental disability, economic status,
or geography.
|
(g) (Blank). |
(h) This Section shall be inoperative upon the effective |
date of the rules adopted by the Secretary to implement |
Section 7-603.5 of this Code. |
(Source: P.A. 99-333, eff. 12-30-15 (see Section 15 of P.A. |
99-483 for the effective date of changes made by P.A. 99-333); |
99-737, eff. 8-5-16; 100-145, eff. 1-1-18; 100-373, eff. |
1-1-18; 100-863, eff. 8-14-18.)
|
(625 ILCS 5/9-105) (from Ch. 95 1/2, par. 9-105)
|
Sec. 9-105. Insurance policy as proof - requirements. A |
motor vehicle liability policy in a solvent and responsible |
|
company,
authorized to do business in the State of Illinois, |
providing that the
insurance carrier will pay any judgment |
within 30 days after it becomes
final, recovered against the |
customer or against any person operating the
motor vehicle |
with the customer's express or implied consent, for damage to
|
property other than to the rented motor vehicles, or for an |
injury to or
for the death of any person, including an occupant |
of the rented motor
vehicle, resulting from the operation of |
the motor vehicle shall serve as
proof of financial |
responsibility; provided
however, every such policy provides |
insurance insuring the operator of the
rented motor vehicle |
against liability upon such insured to a minimum
amount of |
$50,000 because of bodily injury to, or death of any
one person |
or damage to
property and $100,000 because of bodily
injury to |
or death of 2 or more persons in any one
motor vehicle crash |
accident .
|
(Source: P.A. 86-880.)
|
(625 ILCS 5/10-201) (from Ch. 95 1/2, par. 10-201)
|
Sec. 10-201. Liability for bodily injury to or death of |
guest.
|
No person riding in or upon a motor vehicle or motorcycle |
as a guest
without payment for such ride and who has solicited |
such ride in violation
of Subsection (a) of Section 11-1006 of |
this Act, nor his personal
representative in the event of the |
death of such guest, shall have a cause
of action for damages |
|
against the driver or operator of such motor vehicle
or |
motorcycle, or its owner or his employee or agent for injury, |
death or
loss, in case of a crash accident , unless such crash |
accident has been caused by the
willful and wanton misconduct |
of the driver or operator of such motor
vehicle or motorcycle |
or its owner or his employee or agent and unless such
willful |
and wanton misconduct contributed to the injury, death or loss |
for
which the action is brought.
|
Nothing contained in this section relieves a motor vehicle |
or motorcycle
carrier of passengers for hire of responsibility |
for injury or death
sustained by any passenger for hire.
|
This amendatory Act of 1971 shall apply only to causes of |
action arising
from crashes accidents occurring after its |
effective date.
|
(Source: P.A. 77-1482.)
|
(625 ILCS 5/11-208.6)
|
Sec. 11-208.6. Automated traffic law enforcement system.
|
(a) As used in this Section, "automated traffic law |
enforcement
system" means a device with one or more motor |
vehicle sensors working
in conjunction with a red light signal |
to produce recorded images of
motor vehicles entering an |
intersection against a red signal
indication in violation of |
Section 11-306 of this Code or a similar provision
of a local |
ordinance.
|
An
automated traffic law enforcement system is a system, |
|
in a municipality or
county operated by a
governmental agency, |
that
produces a recorded image of a motor vehicle's
violation |
of a provision of this Code or a local ordinance
and is |
designed to obtain a clear recorded image of the
vehicle and |
the vehicle's license plate. The recorded image must also
|
display the time, date, and location of the violation.
|
(b) As used in this Section, "recorded images" means |
images
recorded by an automated traffic law enforcement system |
on:
|
(1) 2 or more photographs;
|
(2) 2 or more microphotographs;
|
(3) 2 or more electronic images; or
|
(4) a video recording showing the motor vehicle and, |
on at
least one image or portion of the recording, clearly |
identifying the
registration plate or digital registration |
plate number of the motor vehicle.
|
(b-5) A municipality or
county that
produces a recorded |
image of a motor vehicle's
violation of a provision of this |
Code or a local ordinance must make the recorded images of a |
violation accessible to the alleged violator by providing the |
alleged violator with a website address, accessible through |
the Internet. |
(c) Except as provided under Section 11-208.8 of this |
Code, a county or municipality, including a home rule county |
or municipality, may not use an automated traffic law |
enforcement system to provide recorded images of a motor |
|
vehicle for the purpose of recording its speed. Except as |
provided under Section 11-208.8 of this Code, the regulation |
of the use of automated traffic law enforcement systems to |
record vehicle speeds is an exclusive power and function of |
the State. This subsection (c) is a denial and limitation of |
home rule powers and functions under subsection (h) of Section |
6 of Article VII of the Illinois Constitution.
|
(c-5) A county or municipality, including a home rule |
county or municipality, may not use an automated traffic law |
enforcement system to issue violations in instances where the |
motor vehicle comes to a complete stop and does not enter the |
intersection, as defined by Section 1-132 of this Code, during |
the cycle of the red signal indication unless one or more |
pedestrians or bicyclists are present, even if the motor |
vehicle stops at a point past a stop line or crosswalk where a |
driver is required to stop, as specified in subsection (c) of |
Section 11-306 of this Code or a similar provision of a local |
ordinance. |
(c-6) A county, or a municipality with less than 2,000,000 |
inhabitants, including a home rule county or municipality, may |
not use an automated traffic law enforcement system to issue |
violations in instances where a motorcyclist enters an |
intersection against a red signal
indication when the red |
signal fails to change to a green signal within a reasonable |
period of time not less than 120 seconds because of a signal |
malfunction or because the signal has failed to detect the |
|
arrival of the motorcycle due to the motorcycle's size or |
weight. |
(d) For each violation of a provision of this Code or a |
local ordinance
recorded by an automatic
traffic law |
enforcement system, the county or municipality having
|
jurisdiction shall issue a written notice of the
violation to |
the registered owner of the vehicle as the alleged
violator. |
The notice shall be delivered to the registered
owner of the |
vehicle, by mail, within 30 days after the Secretary of State |
notifies the municipality or county of the identity of the |
owner of the vehicle, but in no event later than 90 days after |
the violation.
|
The notice shall include:
|
(1) the name and address of the registered owner of |
the
vehicle;
|
(2) the registration number of the motor vehicle
|
involved in the violation;
|
(3) the violation charged;
|
(4) the location where the violation occurred;
|
(5) the date and time of the violation;
|
(6) a copy of the recorded images;
|
(7) the amount of the civil penalty imposed and the |
requirements of any traffic education program imposed and |
the date
by which the civil penalty should be paid and the |
traffic education program should be completed;
|
(8) a statement that recorded images are evidence of a
|
|
violation of a red light signal;
|
(9) a warning that failure to pay the civil penalty, |
to complete a required traffic education program, or to
|
contest liability in a timely manner is an admission of
|
liability;
|
(10) a statement that the person may elect to proceed |
by:
|
(A) paying the fine, completing a required traffic |
education program, or both; or
|
(B) challenging the charge in court, by mail, or |
by administrative hearing; and
|
(11) a website address, accessible through the |
Internet, where the person may view the recorded images of |
the violation. |
(e) (Blank).
|
(f) Based on inspection of recorded images produced by an
|
automated traffic law enforcement system, a notice alleging |
that the violation occurred shall be evidence of the facts |
contained
in the notice and admissible in any proceeding |
alleging a
violation under this Section.
|
(g) Recorded images made by an automatic traffic law
|
enforcement system are confidential and shall be made
|
available only to the alleged violator and governmental and
|
law enforcement agencies for purposes of adjudicating a
|
violation of this Section, for statistical purposes, or for |
other governmental purposes. Any recorded image evidencing a
|
|
violation of this Section, however, may be admissible in
any |
proceeding resulting from the issuance of the citation.
|
(h) The court or hearing officer may consider in defense |
of a violation:
|
(1) that the motor vehicle or registration plates or |
digital registration plates of the motor
vehicle were |
stolen before the violation occurred and not
under the |
control of or in the possession of the owner at
the time of |
the violation;
|
(2) that the driver of the vehicle passed through the
|
intersection when the light was red either (i) in order to
|
yield the right-of-way to an emergency vehicle or (ii) as
|
part of a funeral procession; and
|
(3) any other evidence or issues provided by municipal |
or county ordinance.
|
(i) To demonstrate that the motor vehicle or the |
registration
plates or digital registration plates were stolen |
before the violation occurred and were not under the
control |
or possession of the owner at the time of the violation, the
|
owner must submit proof that a report concerning the stolen
|
motor vehicle or registration plates was filed with a law |
enforcement agency in a timely manner.
|
(j) Unless the driver of the motor vehicle received a |
Uniform
Traffic Citation from a police officer at the time of |
the violation,
the motor vehicle owner is subject to a civil |
penalty not exceeding
$100 or the completion of a traffic |
|
education program, or both, plus an additional penalty of not |
more than $100 for failure to pay the original penalty or to |
complete a required traffic education program, or both, in a |
timely manner, if the motor vehicle is recorded by an |
automated traffic law
enforcement system. A violation for |
which a civil penalty is imposed
under this Section is not a |
violation of a traffic regulation governing
the movement of |
vehicles and may not be recorded on the driving record
of the |
owner of the vehicle.
|
(j-3) A registered owner who is a holder of a valid |
commercial driver's license is not required to complete a |
traffic education program. |
(j-5) For purposes of the required traffic education |
program only, a registered owner may submit an affidavit to |
the court or hearing officer swearing that at the time of the |
alleged violation, the vehicle was in the custody and control |
of another person. The affidavit must identify the person in |
custody and control of the vehicle, including the person's |
name and current address. The person in custody and control of |
the vehicle at the time of the violation is required to |
complete the required traffic education program. If the person |
in custody and control of the vehicle at the time of the |
violation completes the required traffic education program, |
the registered owner of the vehicle is not required to |
complete a traffic education program. |
(k) An intersection equipped with an automated traffic law
|
|
enforcement system must be posted with a sign visible to |
approaching traffic
indicating that the intersection is being |
monitored by an automated
traffic law enforcement system. |
(k-3) A municipality or
county that has one or more |
intersections equipped with an automated traffic law
|
enforcement system must provide notice to drivers by posting |
the locations of automated traffic law systems on the |
municipality or county website.
|
(k-5) An intersection equipped with an automated traffic |
law
enforcement system must have a yellow change interval that |
conforms with the Illinois Manual on Uniform Traffic Control |
Devices (IMUTCD) published by the Illinois Department of |
Transportation. |
(k-7) A municipality or county operating an automated |
traffic law enforcement system shall conduct a statistical |
analysis to assess the safety impact of each automated traffic |
law enforcement system at an intersection following |
installation of the system. The statistical analysis shall be |
based upon the best available crash, traffic, and other data, |
and shall cover a period of time before and after installation |
of the system sufficient to provide a statistically valid |
comparison of safety impact. The statistical analysis shall be |
consistent with professional judgment and acceptable industry |
practice. The statistical analysis also shall be consistent |
with the data required for valid comparisons of before and |
after conditions and shall be conducted within a reasonable |
|
period following the installation of the automated traffic law |
enforcement system. The statistical analysis required by this |
subsection (k-7) shall be made available to the public and |
shall be published on the website of the municipality or |
county. If the statistical analysis for the 36 month period |
following installation of the system indicates that there has |
been an increase in the rate of crashes accidents at the |
approach to the intersection monitored by the system, the |
municipality or county shall undertake additional studies to |
determine the cause and severity of the crashes accidents , and |
may take any action that it determines is necessary or |
appropriate to reduce the number or severity of the crashes |
accidents at that intersection. |
(l) The compensation paid for an automated traffic law |
enforcement system
must be based on the value of the equipment |
or the services provided and may
not be based on the number of |
traffic citations issued or the revenue generated
by the |
system.
|
(m) This Section applies only to the counties of Cook, |
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and |
to municipalities located within those counties.
|
(n) The fee for participating in a traffic education |
program under this Section shall not exceed $25. |
A low-income individual required to complete a traffic |
education program under this Section who provides proof of |
eligibility for the federal earned income tax credit under |
|
Section 32 of the Internal Revenue Code or the Illinois earned |
income tax credit under Section 212 of the Illinois Income Tax |
Act shall not be required to pay any fee for participating in a |
required traffic education program. |
(o) (Blank). |
(p) No person who is the lessor of a motor vehicle pursuant |
to a written lease agreement shall be liable for an automated |
speed or traffic law enforcement system violation involving |
such motor vehicle during the period of the lease; provided |
that upon the request of the appropriate authority received |
within 120 days after the violation occurred, the lessor |
provides within 60 days after such receipt the name and |
address of the lessee. |
Upon the provision of information by the lessor pursuant |
to this subsection, the county or municipality may issue the |
violation to the lessee of the vehicle in the same manner as it |
would issue a violation to a registered owner of a vehicle |
pursuant to this Section, and the lessee may be held liable for |
the violation. |
(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 .)
|
(625 ILCS 5/11-208.9) |
Sec. 11-208.9. Automated traffic law enforcement system; |
approaching, overtaking, and passing a school bus. |
(a) As used in this Section, "automated traffic law |
enforcement
system" means a device with one or more motor |
|
vehicle sensors working
in conjunction with the visual signals |
on a school bus, as specified in Sections 12-803 and 12-805 of |
this Code, to produce recorded images of
motor vehicles that |
fail to stop before meeting or overtaking, from either |
direction, any school bus stopped at any location for the |
purpose of receiving or discharging pupils in violation of |
Section 11-1414 of this Code or a similar provision
of a local |
ordinance. |
An
automated traffic law enforcement system is a system, |
in a municipality or
county operated by a
governmental agency, |
that
produces a recorded image of a motor vehicle's
violation |
of a provision of this Code or a local ordinance
and is |
designed to obtain a clear recorded image of the
vehicle and |
the vehicle's license plate. The recorded image must also
|
display the time, date, and location of the violation. |
(b) As used in this Section, "recorded images" means |
images
recorded by an automated traffic law enforcement system |
on: |
(1) 2 or more photographs; |
(2) 2 or more microphotographs; |
(3) 2 or more electronic images; or |
(4) a video recording showing the motor vehicle and, |
on at
least one image or portion of the recording, clearly |
identifying the
registration plate or digital registration |
plate number of the motor vehicle. |
(c) A municipality or
county that
produces a recorded |
|
image of a motor vehicle's
violation of a provision of this |
Code or a local ordinance must make the recorded images of a |
violation accessible to the alleged violator by providing the |
alleged violator with a website address, accessible through |
the Internet. |
(d) For each violation of a provision of this Code or a |
local ordinance
recorded by an automated
traffic law |
enforcement system, the county or municipality having
|
jurisdiction shall issue a written notice of the
violation to |
the registered owner of the vehicle as the alleged
violator. |
The notice shall be delivered to the registered
owner of the |
vehicle, by mail, within 30 days after the Secretary of State |
notifies the municipality or county of the identity of the |
owner of the vehicle, but in no event later than 90 days after |
the violation. |
(e) The notice required under subsection (d) shall |
include: |
(1) the name and address of the registered owner of |
the
vehicle; |
(2) the registration number of the motor vehicle
|
involved in the violation; |
(3) the violation charged; |
(4) the location where the violation occurred; |
(5) the date and time of the violation; |
(6) a copy of the recorded images; |
(7) the amount of the civil penalty imposed and the |
|
date
by which the civil penalty should be paid; |
(8) a statement that recorded images are evidence of a
|
violation of overtaking or passing a school bus stopped |
for the purpose of receiving or discharging pupils; |
(9) a warning that failure to pay the civil penalty or |
to
contest liability in a timely manner is an admission of
|
liability; |
(10) a statement that the person may elect to proceed |
by: |
(A) paying the fine; or |
(B) challenging the charge in court, by mail, or |
by administrative hearing; and |
(11) a website address, accessible through the |
Internet, where the person may view the recorded images of |
the violation. |
(f) (Blank). |
(g) Based on inspection of recorded images produced by an
|
automated traffic law enforcement system, a notice alleging |
that the violation occurred shall be evidence of the facts |
contained
in the notice and admissible in any proceeding |
alleging a
violation under this Section. |
(h) Recorded images made by an automated traffic law
|
enforcement system are confidential and shall be made
|
available only to the alleged violator and governmental and
|
law enforcement agencies for purposes of adjudicating a
|
violation of this Section, for statistical purposes, or for |
|
other governmental purposes. Any recorded image evidencing a
|
violation of this Section, however, may be admissible in
any |
proceeding resulting from the issuance of the citation. |
(i) The court or hearing officer may consider in defense |
of a violation: |
(1) that the motor vehicle or registration plates or |
digital registration plates of the motor
vehicle were |
stolen before the violation occurred and not
under the |
control of or in the possession of the owner at
the time of |
the violation; |
(2) that the driver of the motor vehicle received a |
Uniform Traffic Citation from a police officer for a |
violation of Section 11-1414 of this Code within |
one-eighth of a mile and 15 minutes of the violation that |
was recorded by the system; |
(3) that the visual signals required by Sections |
12-803 and 12-805 of this Code were damaged, not |
activated, not present in violation of Sections 12-803 and |
12-805, or inoperable; and |
(4) any other evidence or issues provided by municipal |
or county ordinance. |
(j) To demonstrate that the motor vehicle or the |
registration
plates or digital registration plates were stolen |
before the violation occurred and were not under the
control |
or possession of the owner at the time of the violation, the
|
owner must submit proof that a report concerning the stolen
|
|
motor vehicle or registration plates was filed with a law |
enforcement agency in a timely manner. |
(k) Unless the driver of the motor vehicle received a |
Uniform
Traffic Citation from a police officer at the time of |
the violation,
the motor vehicle owner is subject to a civil |
penalty not exceeding
$150 for a first time violation or $500 |
for a second or subsequent violation, plus an additional |
penalty of not more than $100 for failure to pay the original |
penalty in a timely manner, if the motor vehicle is recorded by |
an automated traffic law
enforcement system. A violation for |
which a civil penalty is imposed
under this Section is not a |
violation of a traffic regulation governing
the movement of |
vehicles and may not be recorded on the driving record
of the |
owner of the vehicle, but may be recorded by the municipality |
or county for the purpose of determining if a person is subject |
to the higher fine for a second or subsequent offense. |
(l) A school bus equipped with an automated traffic law
|
enforcement system must be posted with a sign indicating that |
the school bus is being monitored by an automated
traffic law |
enforcement system. |
(m) A municipality or
county that has one or more school |
buses equipped with an automated traffic law
enforcement |
system must provide notice to drivers by posting a list of |
school districts using school buses equipped with an automated |
traffic law enforcement system on the municipality or county |
website. School districts that have one or more school buses |
|
equipped with an automated traffic law enforcement system must |
provide notice to drivers by posting that information on their |
websites. |
(n) A municipality or county operating an automated |
traffic law enforcement system shall conduct a statistical |
analysis to assess the safety impact in each school district |
using school buses equipped with an automated traffic law |
enforcement system following installation of the system. The |
statistical analysis shall be based upon the best available |
crash, traffic, and other data, and shall cover a period of |
time before and after installation of the system sufficient to |
provide a statistically valid comparison of safety impact. The |
statistical analysis shall be consistent with professional |
judgment and acceptable industry practice. The statistical |
analysis also shall be consistent with the data required for |
valid comparisons of before and after conditions and shall be |
conducted within a reasonable period following the |
installation of the automated traffic law enforcement system. |
The statistical analysis required by this subsection shall be |
made available to the public and shall be published on the |
website of the municipality or county. If the statistical |
analysis for the 36-month period following installation of the |
system indicates that there has been an increase in the rate of |
crashes accidents at the approach to school buses monitored by |
the system, the municipality or county shall undertake |
additional studies to determine the cause and severity of the |
|
crashes accidents , and may take any action that it determines |
is necessary or appropriate to reduce the number or severity |
of the crashes accidents involving school buses equipped with |
an automated traffic law enforcement system. |
(o) The compensation paid for an automated traffic law |
enforcement system
must be based on the value of the equipment |
or the services provided and may
not be based on the number of |
traffic citations issued or the revenue generated
by the |
system. |
(p) No person who is the lessor of a motor vehicle pursuant |
to a written lease agreement shall be liable for an automated |
speed or traffic law enforcement system violation involving |
such motor vehicle during the period of the lease; provided |
that upon the request of the appropriate authority received |
within 120 days after the violation occurred, the lessor |
provides within 60 days after such receipt the name and |
address of the lessee. |
Upon the provision of information by the lessor pursuant |
to this subsection, the county or municipality may issue the |
violation to the lessee of the vehicle in the same manner as it |
would issue a violation to a registered owner of a vehicle |
pursuant to this Section, and the lessee may be held liable for |
the violation. |
(q) (Blank). |
(r) After a municipality or county enacts an ordinance |
providing for automated traffic law enforcement systems under |
|
this Section, each school district within that municipality or |
county's jurisdiction may implement an automated traffic law |
enforcement system under this Section. The elected school |
board for that district must approve the implementation of an |
automated traffic law enforcement system. The school district |
shall be responsible for entering into a contract, approved by |
the elected school board of that district, with vendors for |
the installation, maintenance, and operation of the automated |
traffic law enforcement system. The school district must enter |
into an intergovernmental agreement, approved by the elected |
school board of that district, with the municipality or county |
with jurisdiction over that school district for the |
administration of the automated traffic law enforcement |
system. The proceeds from a school district's automated |
traffic law enforcement system's fines shall be divided |
equally between the school district and the municipality or |
county administering the automated traffic law enforcement |
system.
|
(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 .)
|
(625 ILCS 5/Ch. 11 Art. IV heading) |
ARTICLE IV. CRASHES ACCIDENTS
|
(625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
|
Sec. 11-401. Motor vehicle crashes accidents involving |
death or personal injuries.
|
|
(a) The driver of any vehicle involved in a motor vehicle |
crashes accident
resulting in personal injury to or death of |
any person shall immediately stop
such vehicle at the scene of |
such crash accident , or as close thereto as possible
and shall |
then forthwith return to, and in every event shall remain at |
the
scene of the crash accident until the requirements of |
Section 11-403 have been
fulfilled. Every such stop shall be |
made without obstructing traffic more
than is necessary.
|
(b) Any person who has failed to stop or to comply with the
|
requirements of paragraph (a) shall, as soon as possible but |
in no case
later than one-half hour after such motor
vehicle |
crash accident , or, if hospitalized and incapacitated from |
reporting at any
time during such period, as soon as possible |
but in no case later than one-half
hour
after
being discharged |
from the
hospital, report the place of the crash accident , the |
date, the approximate time,
the
driver's name and address, the |
registration number of the vehicle
driven, and the names of |
all other occupants of
such vehicle, at a police station or |
sheriff's office near the place where
such crash accident |
occurred. No report made as required under this paragraph |
shall be used,
directly or indirectly, as a basis for the |
prosecution of any
violation of paragraph (a).
|
(b-1) Any person arrested for violating this Section is |
subject to chemical testing of his or her blood, breath, other |
bodily substance, or urine for the presence of alcohol, other |
drug or drugs, intoxicating compound or compounds, or any |
|
combination thereof, as provided in Section 11-501.1, if the |
testing occurs within 12 hours of the time of the occurrence of |
the crash accident that led to his or her arrest. The person's |
driving privileges are subject to statutory summary suspension |
under Section 11-501.1 if he or she fails testing or statutory |
summary revocation under Section 11-501.1 if he or she refuses |
to undergo the testing.
|
For purposes of this Section, personal injury shall mean |
any injury
requiring immediate professional treatment in a |
medical facility or
doctor's office.
|
(c) Any person failing to comply with paragraph (a) shall |
be guilty of a Class 4 felony.
|
(d) Any person failing to comply with paragraph (b) is
|
guilty
of
a Class 2 felony if the
motor vehicle crash accident |
does not result in the death of any person.
Any person failing |
to comply with paragraph (b)
when the crash accident results |
in the death of
any person is guilty of a Class 1
felony.
|
(e) The Secretary of State shall revoke the driving |
privilege of any person
convicted of a violation of this |
Section.
|
(Source: P.A. 99-697, eff. 7-29-16.)
|
(625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402)
|
Sec. 11-402. Motor vehicle crash accident involving damage |
to vehicle. |
(a)
The driver of any vehicle involved in a motor vehicle |
|
crash accident
resulting only in damage to a vehicle which is |
driven or attended by any person shall
immediately stop such |
vehicle at the scene of such motor vehicle crash accident
or as |
close thereto as possible, but shall forthwith return to and |
in every event
shall remain at the scene of such motor vehicle |
crash accident until the
requirements of Section 11-403 have |
been fulfilled. A driver does not violate this Section if the |
driver moves the vehicle as soon as possible off the highway to |
the nearest safe location on an exit ramp shoulder, a frontage |
road, the nearest suitable cross street, or other suitable |
location that does not obstruct traffic and
remains at that |
location until the driver has fulfilled the requirements of |
Section 11-403. Every such stop
shall be made without |
obstructing traffic
more than is necessary. If a damaged |
vehicle is obstructing traffic lanes, the driver of the |
vehicle must make every reasonable effort to move the vehicle |
or have it moved so as not to block the traffic lanes.
|
Any person failing to comply with this Section shall be |
guilty of a Class
A misdemeanor.
|
(b) Upon conviction of a violation of this Section, the |
court shall make
a finding as to whether the damage to a |
vehicle is in excess of $1,000,
and in such case a statement of |
this finding shall be reported to the Secretary
of State with |
the report of conviction as required by Section 6-204 of this
|
Code. Upon receipt of such report of conviction and statement |
of finding
that the damage to a vehicle is in excess of $1,000, |
|
the Secretary of State
shall suspend the driver's license or |
any nonresident's driving privilege. |
(c) If any peace officer or highway authority official |
finds (i) a vehicle standing upon a highway or toll highway in |
violation of a prohibition, limitation, or restriction on |
stopping, standing, or parking imposed under this Code or (ii) |
a disabled vehicle that obstructs the roadway of a highway or |
toll highway, the peace officer or highway authority official |
is authorized to move the vehicle or to require the operator of |
the vehicle to move the vehicle to the shoulder of the road, to |
a position where parking is permitted, or to public parking or |
storage premises. The removal may be performed by, or under |
the direction of, the peace officer or highway authority |
official or may be contracted for by local authorities. After |
the vehicle has been removed, the peace officer or highway |
authority official shall follow appropriate procedures, as |
provided in Section 4-203 of this Code. |
(d) A towing service, its officers, and its employees are |
not liable for loss of or damages to any real or personal |
property that occurs as the result of the removal or towing of |
any vehicle under subsection (c), as provided in subsection |
(b) of Section 4-213.
|
(Source: P.A. 97-763, eff. 1-1-13.)
|
(625 ILCS 5/11-403) (from Ch. 95 1/2, par. 11-403)
|
Sec. 11-403. Duty to give information and render aid. The |
|
driver of any vehicle involved in a motor vehicle crash |
accident
resulting in injury to or death of any person or |
damage to any vehicle which
is driven or attended by any person |
shall give the driver's
name, address, registration number and |
owner of the vehicle
the driver is operating and shall upon |
request and
if available exhibit such driver's license to the |
person struck
or the driver
or occupant of or person attending |
any vehicle collided with
and shall render to any person |
injured in such crash accident reasonable
assistance, |
including the carrying or the making of arrangements for the
|
carrying of such person to a physician, surgeon or hospital |
for medical
or surgical treatment, if it is apparent that such |
treatment is
necessary or if such carrying is requested by the |
injured person.
|
If none of the persons entitled to information pursuant to |
this
Section is in condition to receive and understand such |
information and
no police officer is present, such driver |
after rendering reasonable
assistance shall forthwith report |
such motor vehicle crash accident at the
nearest office of a |
duly authorized police authority, disclosing the
information
|
required by this Section.
|
Any person failing to comply with this Section shall be |
guilty of a Class
A misdemeanor.
|
(Source: P.A. 83-831.)
|
(625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)
|
|
Sec. 11-404. Duty upon damaging unattended vehicle or |
other property. |
(a) The driver of any vehicle which collides with or is |
involved in a motor
vehicle crash accident with any vehicle |
which is unattended, or other property,
resulting in any |
damage to such other vehicle or property shall
immediately |
stop and shall then and there either locate and notify the
|
operator or owner of such vehicle or other
property of the |
driver's name, address, registration
number and owner of the |
vehicle the driver was operating or shall
attach securely in a |
conspicuous place on or in the vehicle
or other property |
struck a written notice giving the driver's
name, address, |
registration number and owner of the
vehicle the driver was |
driving and shall without unnecessary
delay notify the nearest |
office of a duly authorized police authority and
shall make a |
written report of such crash accident when and as required in
|
Section 11-406. Every such stop shall be made without
|
obstructing traffic more than is necessary. If a damaged |
vehicle is obstructing traffic lanes, the driver of the |
vehicle must make every reasonable effort to move the vehicle |
or have it moved so as not to block the traffic lanes.
|
(b) Any person failing to comply with this Section shall |
be guilty of a Class
A misdemeanor. |
(c) If any peace officer or highway authority official |
finds (i) a vehicle standing upon a highway or toll highway in |
violation of a prohibition, limitation, or restriction on |
|
stopping, standing, or parking imposed under this Code or (ii) |
a disabled vehicle that obstructs the roadway of a highway or |
toll highway, the peace officer or highway authority official |
is authorized to move the vehicle or to require the operator of |
the vehicle to move the vehicle to the shoulder of the road, to |
a position where parking is permitted, or to public parking or |
storage premises. The removal may be performed by, or under |
the direction of, the peace officer or highway authority |
official or may be contracted for by local authorities. After |
the vehicle has been removed, the peace officer or highway |
authority official shall follow appropriate procedures, as |
provided in Section 4-203 of this Code.
|
(d) A towing service, its officers, and its employees are |
not liable for loss of or damages to any real or personal |
property that occurs as the result of the removal or towing of |
any vehicle under subsection (c), as provided in subsection |
(b) of Section 4-213.
|
(Source: P.A. 95-407, eff. 1-1-08.)
|
(625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407)
|
Sec. 11-407. Immediate notice of crash accident .
|
(a) The driver of a vehicle which is in any manner involved |
in a crash an
accident described in Section 11-406 of this |
Chapter shall, if no police
officer is present, give notice of |
the crash accident by the fastest available
means of |
communication to the local police department if such crash |
|
accident
occurs within a municipality or otherwise to the |
nearest office of the
county sheriff or nearest headquarters |
of the Illinois State Police.
|
(b) Whenever the driver of a vehicle is physically |
incapable of giving
immediate notice of a crash an accident as |
required in Subsection (a) and there was
another occupant in |
the vehicle at the time of the crash accident capable of
doing |
so, that occupant must give notice as required in Subsection |
(a).
|
(Source: P.A. 76-2163.)
|
(625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
|
Sec. 11-408. Police to report motor vehicle crash accident |
investigations.
|
(a) Every law enforcement officer who investigates a motor |
vehicle crash accident
for which a report is required by this |
Article or who prepares a written
report as a result of an |
investigation either at the time and scene of such
motor |
vehicle crash accident or thereafter by interviewing |
participants or
witnesses shall forward a written report of |
such motor vehicle crash accident
to the Administrator on |
forms provided by the Administrator under Section
11-411 |
within 10 days after investigation of the motor
vehicle crash |
accident , or within such other time as is prescribed by the
|
Administrator.
Such written reports and the information |
contained in those reports required to be forwarded by law |
|
enforcement officers
shall not be held confidential by the |
reporting law
enforcement officer or agency. The Secretary of |
State may also disclose
notations of crash accident |
involvement maintained on individual driving records. However, |
the Administrator or the
Secretary of State may require a |
supplemental written report from the
reporting law enforcement |
officer.
|
(b) The Department at its discretion may require a |
supplemental written
report from the reporting law enforcement |
officer on a form supplied by the
Department to be submitted |
directly to the Department. Such supplemental
report may be |
used only for crash accident studies and statistical or |
analytical
purposes under Section 11-412 or 11-414 of this |
Code.
|
(c) The Department at its discretion may provide for |
in-depth
investigations of crashes accidents involving |
Department employees or other motor vehicle crashes accidents |
by individuals or
special investigation groups, including but |
not limited to police officers,
photographers,
engineers, |
doctors, mechanics, and as a result of the investigation may
|
require the submission of written reports, photographs, |
charts, sketches,
graphs, or a combination of all. Such |
individual written reports,
photographs, charts, sketches, or |
graphs may be used only for crash accident
studies and |
statistical or analytical purposes under Section 11-412 or |
11-414 of this Code.
|
|
(d) On and after July 1, 1997, law enforcement officers |
who have reason to
suspect that the motor
vehicle crash |
accident was the result of a driver's loss of consciousness |
due to a
medical condition, as defined by the Driver's License |
Medical Review Law of
1992, or the result of any medical |
condition that impaired the
driver's ability to safely operate |
a motor vehicle shall notify the Secretary
of
this |
determination. The Secretary, in conjunction with the Driver's |
License
Medical Advisory Board, shall determine by |
administrative rule the temporary
conditions not required to |
be reported under the provisions of this Section.
The
|
Secretary shall, in conjunction with the Illinois State Police |
and
representatives of local and county law enforcement |
agencies, promulgate any
rules necessary and develop the |
procedures and documents that may be required
to
obtain |
written, electronic, or other agreed upon methods of |
notification to
implement the provisions of this Section.
|
(e) Law enforcement officers reporting under the |
provisions of subsection
(d) of this Section shall enjoy the |
same immunities granted members of the
Driver's License |
Medical Advisory Board under Section 6-910 of this Code.
|
(f) All information furnished to the Secretary under |
subsection (d) of this
Section shall be deemed confidential |
and for the privileged use of the
Secretary in accordance with |
the provisions of subsection (j) of Section 2-123
of this |
Code.
|
|
(Source: P.A. 100-96, eff. 1-1-18 .)
|
(625 ILCS 5/11-409) (from Ch. 95 1/2, par. 11-409)
|
Sec. 11-409. False motor vehicle crash accident reports or |
notices. Any
person who provides information in an oral or |
written report required by
this Code with knowledge or reason |
to believe that such
information is false shall be guilty of a |
Class C misdemeanor.
|
(Source: P.A. 83-831.)
|
(625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
|
Sec. 11-411. Crash Accident report forms.
|
(a) The Administrator must prepare and upon request supply |
to police
departments, sheriffs and other appropriate agencies |
or individuals, forms
for written crash accident reports as |
required hereunder, suitable with respect
to the persons |
required to make such reports and the purposes to be served.
|
The written reports must call for sufficiently detailed |
information to
disclose with reference to a vehicle crash |
accident the cause, conditions then
existing, and the persons |
and vehicles involved or any other data
concerning such crash |
accident that may be required for a complete analysis of
all |
related circumstances and events leading to the crash accident |
or subsequent
to the occurrence.
|
(b) Every crash accident report required to be made in |
writing must be made on
an approved form or in an approved |
|
electronic format provided by the Administrator and must
|
contain all the information required therein unless that |
information is not
available. The Department shall adopt any |
rules necessary to implement this subsection (b).
|
(c) Should special crash accident studies be required by |
the Administrator,
the Administrator may provide the |
supplemental forms for the special
studies.
|
(Source: P.A. 100-96, eff. 1-1-18 .)
|
(625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
|
Sec. 11-412. Motor vehicle crash accident reports |
confidential. |
(a) All required
written motor vehicle crash accident |
reports and supplemental reports shall
be without prejudice to |
the individual so reporting and shall be for the
confidential |
use of the Department and the Secretary of State and, in the
|
case of second division vehicles operated under certificate of |
convenience
and necessity issued by the Illinois Commerce |
Commission, of the Commission,
except that the Administrator |
or the Secretary of State or the Commission may
disclose the |
identity of a person involved in a motor vehicle crash |
accident
when such identity is not otherwise known or when |
such person denies his presence at such motor vehicle crash |
accident and the Department shall disclose
the identity of the |
insurance carrier, if any, upon demand. The Secretary of
State |
may also disclose notations of crash accident involvement |
|
maintained on
individual driving records. |
(b) Upon written request, the Department shall
furnish |
copies of its written crash accident reports or any |
supplemental reports to federal, State, and local
agencies |
that are engaged in highway safety research and studies and to |
any person or entity that has a contractual agreement with the |
Department or a federal, State, or local agency to complete a |
highway safety research and study for the Department or the |
federal, State, or local agency. Reports
furnished to any |
agency, person, or entity other than the Secretary of State or |
the Illinois
Commerce Commission may be used only for |
statistical or analytical purposes
and shall be held |
confidential by that agency, person, or entity.
These reports |
shall be exempt from inspection and copying under the Freedom |
of Information Act and shall not be used as evidence in any |
trial, civil
or criminal, arising out of a motor vehicle crash |
accident , except
that the Administrator shall furnish upon |
demand of any person who has,
or claims to have, made such a |
written or supplemental report, or upon demand of any
court, a |
certificate showing that a specified written crash accident |
report or supplemental report
has or has not been made to the |
Administrator solely to prove a compliance
or a failure to |
comply with the requirement that such a written or |
supplemental report
be made to the Administrator.
|
(c) Upon written request, the Department shall furnish |
motor vehicle crash accident data to a federal, State, or |
|
local agency, the Secretary of State, the Illinois Commerce |
Commission, or any other person or entity under Section 11-417 |
of this Code. |
(d) The Department at its discretion may provide for
|
in-depth investigations of crashes accidents involving |
Department employees or other motor vehicle crashes accidents . |
A
written report describing the preventability of such a crash |
an accident may be
prepared to enhance the safety of |
Department employees or the traveling public. Such reports and |
the information contained in those reports and
any opinions |
expressed in the review of the crash accident as to the
|
preventability of the crash accident shall be for the |
privileged use of the
Department and held confidential and |
shall not be obtainable or used in any
civil or criminal |
proceeding.
|
(Source: P.A. 100-96, eff. 1-1-18 .)
|
(625 ILCS 5/11-413) (from Ch. 95 1/2, par. 11-413)
|
Sec. 11-413. Coroners to report. All coroners shall
on or |
before the 10th day of each month report in writing to the |
Administrator
the death of any person within their respective |
jurisdiction,
during the preceding calendar month, as the |
result of a traffic crash accident giving the
time and place of |
the crash accident and the circumstances relating thereto.
|
(Source: P.A. 83-831.)
|
|
(625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
|
Sec. 11-414. Department to tabulate and analyze motor |
vehicle crash accident
reports. The Department shall tabulate |
and may analyze all written motor
vehicle crash accident |
reports received in compliance with this Code
and shall |
publish annually or at more frequent intervals motor vehicle |
crash accident data. The Department:
|
1. (blank);
|
2. shall, upon written request, make available to the |
public
motor vehicle crash accident data that shall be |
distributed under Sections 11-412 and 11-417 of this Code;
|
3. may conduct special investigations of motor vehicle
|
crashes accidents and may solicit supplementary reports |
from drivers, owners,
police departments, sheriffs, |
coroners, or any other individual.
Failure of any |
individual to submit a supplementary report subjects such
|
individual to the same penalties for failure to report as |
designated
under Section 11-406.
|
(Source: P.A. 100-96, eff. 1-1-18 .)
|
(625 ILCS 5/11-415) (from Ch. 95 1/2, par. 11-415)
|
Sec. 11-415. Municipalities may require traffic crash |
accident reports. Municipalities may by ordinance require that |
the driver or owner of
a vehicle involved in a traffic crash |
accident file with the designated municipal
office a written
|
report of such crash accident . All such reports shall be for |
|
the confidential
use of the municipal office and subject to |
the provisions of Section 11-412.
|
(Source: P.A. 83-831.)
|
(625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
|
Sec. 11-416. Furnishing
copies - Fees.
The Illinois State |
Police may furnish copies of an Illinois
State Police Traffic |
Crash Accident Report that has been investigated by the |
Illinois
State Police and shall be paid a fee of $5 for each |
such
copy, or in the case of a crash an accident which was |
investigated by a crash an accident
reconstruction officer or |
crash accident reconstruction team, a fee of $20 shall be
|
paid. These fees shall be deposited into the State Police |
Services Fund.
|
Other State law enforcement agencies or law enforcement |
agencies of
local authorities may furnish copies of traffic |
crash accident reports
prepared by such agencies and may |
receive a fee not to exceed $5 for each
copy or in the case of |
a crash an accident which was investigated by a crash an |
accident
reconstruction officer or crash accident |
reconstruction team, the State or local law
enforcement agency |
may receive a fee not to exceed $20.
|
Any written crash accident report required or requested to |
be furnished the
Administrator shall be provided without cost |
or fee charges authorized
under this Section or any other |
provision of law.
|
|
(Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
|
(625 ILCS 5/11-417) |
Sec. 11-417. Motor vehicle crash accident report and motor |
vehicle crash accident data. |
(a) Upon written request and payment of the required fee, |
the Department shall make available to the public motor |
vehicle crash accident data received in compliance with this |
Code. The Department shall adopt any rules necessary to |
establish a fee schedule for motor vehicle crash accident data |
made available under Section 11-414 of this Code. |
(b) The Department shall provide copies of a written motor |
vehicle crash accident report or motor vehicle crash accident |
data without any cost or fees authorized under any provision |
of law to a federal, State, or local agency, the Secretary of |
State, the Illinois Commerce Commission, or any other person |
or entity that has a contractual agreement with the Department |
or a federal, State, or local agency to complete a highway |
safety research and study for the Department or the federal, |
State, or local agency. |
(c) All fees collected under this Section shall be placed |
in the Road Fund to be used, subject to appropriation, for the |
costs associated with motor vehicle crash accident records and |
motor vehicle crash accident data.
|
(Source: P.A. 100-96, eff. 1-1-18 .)
|
|
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual physical |
control of any vehicle within this State while: |
(1) the alcohol concentration in the person's blood, |
other bodily substance, or breath is 0.08 or more based on |
the definition of blood and breath units in Section |
11-501.2; |
(2) under the influence of alcohol; |
(3) under the influence of any intoxicating compound |
or combination of intoxicating compounds to a degree that |
renders the person incapable of driving safely; |
(4) under the influence of any other drug or |
combination of drugs to a degree that renders the person |
incapable of safely driving; |
(5) under the combined influence of alcohol, other |
drug or drugs, or intoxicating compound or compounds to a |
degree that renders the person incapable of safely |
driving; |
(6) there is any amount of a drug, substance, or |
compound in the person's breath, blood, other bodily |
substance, or urine resulting from the unlawful use or |
consumption of a controlled substance listed in the |
Illinois Controlled Substances Act, an intoxicating |
|
compound listed in the Use of Intoxicating Compounds Act, |
or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act; or |
(7) the person has, within 2 hours of driving or being |
in actual physical control of a vehicle, a |
tetrahydrocannabinol concentration in the person's whole |
blood or other bodily substance as defined in paragraph 6 |
of subsection (a) of Section 11-501.2 of this Code.
|
Subject to all other requirements and provisions under |
this Section, this paragraph (7) does not apply to the |
lawful consumption of cannabis by a qualifying patient |
licensed under the Compassionate Use of Medical Cannabis |
Program Act who is in possession of a valid registry card |
issued under that Act, unless that person is impaired by |
the use of cannabis. |
(b) The fact that any person charged with violating this |
Section is or has been legally entitled to use alcohol, |
cannabis under the Compassionate Use of Medical Cannabis |
Program Act, other drug or drugs, or intoxicating compound or |
compounds, or any combination thereof, shall not constitute a |
defense against any charge of violating this Section. |
(c) Penalties. |
(1) Except as otherwise provided in this Section, any |
person convicted of violating subsection (a) of this |
Section is guilty of a Class A misdemeanor. |
(2) A person who violates subsection (a) or a similar |
|
provision a second time shall be sentenced to a mandatory |
minimum term of either 5 days of imprisonment or 240 hours |
of community service in addition to any other criminal or |
administrative sanction. |
(3) A person who violates subsection (a) is subject to |
6 months of imprisonment, an additional mandatory minimum |
fine of $1,000, and 25 days of community service in a |
program benefiting children if the person was transporting |
a person under the age of 16 at the time of the violation. |
(4) A person who violates subsection (a) a first time, |
if the alcohol concentration in his or her blood, breath, |
other bodily substance, or urine was 0.16 or more based on |
the definition of blood, breath, other bodily substance, |
or urine units in Section 11-501.2, shall be subject, in |
addition to any other penalty that may be imposed, to a |
mandatory minimum of 100 hours of community service and a |
mandatory minimum fine of $500. |
(5) A person who violates subsection (a) a second |
time, if at the time of the second violation the alcohol |
concentration in his or her blood, breath, other bodily |
substance, or urine was 0.16 or more based on the |
definition of blood, breath, other bodily substance, or |
urine units in Section 11-501.2, shall be subject, in |
addition to any other penalty that may be imposed, to a |
mandatory minimum of 2 days of imprisonment and a |
mandatory minimum fine of $1,250. |
|
(d) Aggravated driving under the influence of alcohol, |
other drug or drugs, or intoxicating compound or compounds, or |
any combination thereof.
|
(1) Every person convicted of committing a violation |
of this Section shall be guilty of aggravated driving |
under the influence of alcohol, other drug or drugs, or |
intoxicating compound or compounds, or any combination |
thereof if: |
(A) the person committed a violation of subsection |
(a) or a similar provision for the third or subsequent |
time; |
(B) the person committed a violation of subsection |
(a) while driving a school bus with one or more |
passengers on board; |
(C) the person in committing a violation of |
subsection (a) was involved in a motor vehicle crash |
accident that resulted in great bodily harm or |
permanent disability or disfigurement to another, when |
the violation was a proximate cause of the injuries; |
(D) the person committed a violation of subsection |
(a) and has been previously convicted of violating |
Section 9-3 of the Criminal Code of 1961 or the |
Criminal Code of 2012 or a similar provision of a law |
of another state relating to reckless homicide in |
which the person was determined to have been under the |
influence of alcohol, other drug or drugs, or |
|
intoxicating compound or compounds as an element of |
the offense or the person has previously been |
convicted under subparagraph (C) or subparagraph (F) |
of this paragraph (1); |
(E) the person, in committing a violation of |
subsection (a) while driving at any speed in a school |
speed zone at a time when a speed limit of 20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of this Code, was involved in a motor vehicle |
crash accident that resulted in bodily harm, other |
than great bodily harm or permanent disability or |
disfigurement, to another person, when the violation |
of subsection (a) was a proximate cause of the bodily |
harm; |
(F) the person, in committing a violation of |
subsection (a), was involved in a motor vehicle crash |
or , snowmobile, all-terrain vehicle, or watercraft |
accident that resulted in the death of another person, |
when the violation of subsection (a) was a proximate |
cause of the death; |
(G) the person committed a violation of subsection |
(a) during a period in which the defendant's driving |
privileges are revoked or suspended, where the |
revocation or suspension was for a violation of |
subsection (a) or a similar provision, Section |
11-501.1, paragraph (b) of Section 11-401, or for |
|
reckless homicide as defined in Section 9-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012; |
(H) the person committed the violation while he or |
she did not possess a driver's license or permit or a |
restricted driving permit or a judicial driving permit |
or a monitoring device driving permit; |
(I) the person committed the violation while he or |
she knew or should have known that the vehicle he or |
she was driving was not covered by a liability |
insurance policy; |
(J) the person in committing a violation of |
subsection (a) was involved in a motor vehicle crash |
accident that resulted in bodily harm, but not great |
bodily harm, to the child under the age of 16 being |
transported by the person, if the violation was the |
proximate cause of the injury; |
(K) the person in committing a second violation of |
subsection (a) or a similar provision was transporting |
a person under the age of 16; or |
(L) the person committed a violation of subsection |
(a) of this Section while transporting one or more |
passengers in a vehicle for-hire. |
(2)(A) Except as provided otherwise, a person |
convicted of aggravated driving under the influence of |
alcohol, other drug or drugs, or intoxicating compound or |
compounds, or any combination thereof is guilty of a Class |
|
4 felony. |
(B) A third violation of this Section or a similar |
provision is a Class 2 felony. If at the time of the third |
violation the alcohol concentration in his or her blood, |
breath, other bodily substance, or urine was 0.16 or more |
based on the definition of blood, breath, other bodily |
substance, or urine units in Section 11-501.2, a mandatory |
minimum of 90 days of imprisonment and a mandatory minimum |
fine of $2,500 shall be imposed in addition to any other |
criminal or administrative sanction. If at the time of the |
third violation, the defendant was transporting a person |
under the age of 16, a mandatory fine of $25,000 and 25 |
days of community service in a program benefiting children |
shall be imposed in addition to any other criminal or |
administrative sanction. |
(C) A fourth violation of this Section or a similar |
provision is a Class 2 felony, for which a sentence of |
probation or conditional discharge may not be imposed. If |
at the time of the violation, the alcohol concentration in |
the defendant's blood, breath, other bodily substance, or |
urine was 0.16 or more based on the definition of blood, |
breath, other bodily substance, or urine units in Section |
11-501.2, a mandatory minimum fine of $5,000 shall be |
imposed in addition to any other criminal or |
administrative sanction. If at the time of the fourth |
violation, the defendant was transporting a person under |
|
the age of 16 a mandatory fine of $25,000 and 25 days of |
community service in a program benefiting children shall |
be imposed in addition to any other criminal or |
administrative sanction. |
(D) A fifth violation of this Section or a similar |
provision is a Class 1 felony, for which a sentence of |
probation or conditional discharge may not be imposed. If |
at the time of the violation, the alcohol concentration in |
the defendant's blood, breath, other bodily substance, or |
urine was 0.16 or more based on the definition of blood, |
breath, other bodily substance, or urine units in Section |
11-501.2, a mandatory minimum fine of $5,000 shall be |
imposed in addition to any other criminal or |
administrative sanction. If at the time of the fifth |
violation, the defendant was transporting a person under |
the age of 16, a mandatory fine of $25,000, and 25 days of |
community service in a program benefiting children shall |
be imposed in addition to any other criminal or |
administrative sanction. |
(E) A sixth or subsequent violation of this Section or |
similar provision is a Class X felony. If at the time of |
the violation, the alcohol concentration in the |
defendant's blood, breath, other bodily substance, or |
urine was 0.16 or more based on the definition of blood, |
breath, other bodily substance, or urine units in Section |
11-501.2, a mandatory minimum fine of $5,000 shall be |
|
imposed in addition to any other criminal or |
administrative sanction. If at the time of the violation, |
the defendant was transporting a person under the age of |
16, a mandatory fine of $25,000 and 25 days of community |
service in a program benefiting children shall be imposed |
in addition to any other criminal or administrative |
sanction. |
(F) For a violation of subparagraph (C) of paragraph |
(1) of this subsection (d), the defendant, if sentenced to |
a term of imprisonment, shall be sentenced to not less |
than one year nor more than 12 years. |
(G) A violation of subparagraph (F) of paragraph (1) |
of this subsection (d) is a Class 2 felony, for which the |
defendant, unless the court determines that extraordinary |
circumstances exist and require probation, shall be |
sentenced to: (i) a term of imprisonment of not less than 3 |
years and not more than 14 years if the violation resulted |
in the death of one person; or (ii) a term of imprisonment |
of not less than 6 years and not more than 28 years if the |
violation resulted in the deaths of 2 or more persons. |
(H) For a violation of subparagraph (J) of paragraph |
(1) of this subsection (d), a mandatory fine of $2,500, |
and 25 days of community service in a program benefiting |
children shall be imposed in addition to any other |
criminal or administrative sanction. |
(I) A violation of subparagraph (K) of paragraph (1) |
|
of this subsection (d), is a Class 2 felony and a mandatory |
fine of $2,500, and 25 days of community service in a |
program benefiting children shall be imposed in addition |
to any other criminal or administrative sanction. If the |
child being transported suffered bodily harm, but not |
great bodily harm, in a motor vehicle crash accident , and |
the violation was the proximate cause of that injury, a |
mandatory fine of $5,000 and 25 days of community service |
in a program benefiting children shall be imposed in |
addition to any other criminal or administrative sanction. |
(J) A violation of subparagraph (D) of paragraph (1) |
of this subsection (d) is a Class 3 felony, for which a |
sentence of probation or conditional discharge may not be |
imposed. |
(3) Any person sentenced under this subsection (d) who |
receives a term of probation or conditional discharge must |
serve a minimum term of either 480 hours of community |
service or 10 days of imprisonment as a condition of the |
probation or conditional discharge in addition to any |
other criminal or administrative sanction. |
(e) Any reference to a prior violation of subsection (a) |
or a similar provision includes any violation of a provision |
of a local ordinance or a provision of a law of another state |
or an offense committed on a military installation that is |
similar to a violation of subsection (a) of this Section. |
(f) The imposition of a mandatory term of imprisonment or |
|
assignment of community service for a violation of this |
Section shall not be suspended or reduced by the court. |
(g) Any penalty imposed for driving with a license that |
has been revoked for a previous violation of subsection (a) of |
this Section shall be in addition to the penalty imposed for |
any subsequent violation of subsection (a). |
(h) For any prosecution under this Section, a certified |
copy of the driving abstract of the defendant shall be |
admitted as proof of any prior conviction.
|
(Source: P.A. 101-363, eff. 8-9-19.)
|
(625 ILCS 5/11-501.1)
|
Sec. 11-501.1. Suspension of drivers license; statutory |
summary
alcohol, other drug or drugs, or intoxicating compound |
or
compounds related suspension or revocation; implied |
consent. |
(a) Any person who drives or is in actual physical control |
of a motor
vehicle upon the public highways of this State shall |
be deemed to have given
consent, subject to the provisions of |
Section 11-501.2, to a chemical test or
tests of blood, |
breath, other bodily substance, or urine for the purpose of |
determining the content of
alcohol, other drug or drugs, or |
intoxicating compound or compounds or
any combination thereof |
in the person's blood if arrested,
as evidenced by the |
issuance of a Uniform Traffic Ticket, for any offense
as |
defined in Section 11-501 or a similar provision of a local |
|
ordinance, or if arrested for violating Section 11-401.
If a |
law enforcement officer has probable cause to believe the |
person was under the influence of alcohol, other drug or |
drugs, intoxicating compound or compounds, or any combination |
thereof, the law enforcement officer shall request a chemical |
test or tests which shall be administered at the direction of |
the arresting
officer. The law enforcement agency employing |
the officer shall designate which
of the aforesaid tests shall |
be administered. Up to 2 additional tests of urine or other |
bodily substance may be administered
even after a blood or |
breath test or both has
been administered. For purposes of |
this Section, an Illinois law
enforcement officer of this |
State who is investigating the person for any
offense defined |
in Section 11-501 may travel into an adjoining state, where
|
the person has been transported for medical care, to complete |
an
investigation and to request that the person submit to the |
test or tests
set forth in this Section. The requirements of |
this Section that the
person be arrested are inapplicable, but |
the officer shall issue the person
a Uniform Traffic Ticket |
for an offense as defined in Section 11-501 or a
similar |
provision of a local ordinance prior to requesting that the |
person
submit to the test or tests. The issuance of the Uniform |
Traffic Ticket
shall not constitute an arrest, but shall be |
for the purpose of notifying
the person that he or she is |
subject to the provisions of this Section and
of the officer's |
belief of the existence of probable cause to
arrest. Upon |
|
returning to this State, the officer shall file the Uniform
|
Traffic Ticket with the Circuit Clerk of the county where the |
offense was
committed, and shall seek the issuance of an |
arrest warrant or a summons
for the person. |
(a-5) (Blank). |
(b) Any person who is dead, unconscious, or who is |
otherwise in a condition
rendering the person incapable of |
refusal, shall be deemed not to have
withdrawn the consent |
provided by paragraph (a) of this Section and the test or
tests |
may be administered, subject to the provisions of Section |
11-501.2. |
(c) A person requested to submit to a test as provided |
above shall
be warned by the law enforcement officer |
requesting the test that a
refusal to submit to the test will |
result in the statutory summary
suspension of the person's |
privilege to operate a motor vehicle, as provided
in Section |
6-208.1 of this Code, and will also result in the |
disqualification of the person's privilege to operate a |
commercial motor vehicle, as provided in Section 6-514 of this |
Code, if the person is a CDL holder. The person shall also be |
warned that a refusal to submit to the test, when the person |
was involved in a motor vehicle crash accident that caused |
personal injury or death to another, will result in the |
statutory summary revocation of the person's privilege to |
operate a motor vehicle, as provided in Section 6-208.1, and |
will also result in the disqualification of the person's |
|
privilege to operate a commercial motor vehicle, as provided |
in Section 6-514 of this Code, if the person is a CDL holder. |
The person shall also be warned by the law
enforcement officer |
that if the person submits to the test or tests
provided in |
paragraph (a) of this Section and the alcohol concentration in
|
the person's blood, other bodily substance, or breath is 0.08 |
or greater, or testing discloses the presence of cannabis as |
listed in the Cannabis Control Act with a tetrahydrocannabinol |
concentration as defined in paragraph 6 of subsection (a) of |
Section 11-501.2 of this Code, or any amount of
a
drug, |
substance, or compound resulting from the unlawful use or |
consumption
of a controlled
substance
listed in the Illinois |
Controlled Substances Act, an intoxicating compound
listed in |
the Use of Intoxicating Compounds Act, or methamphetamine as |
listed in the Methamphetamine Control and Community Protection |
Act is detected in the person's
blood, other bodily substance |
or urine, a statutory summary suspension of the person's |
privilege to
operate a motor vehicle, as provided in Sections |
6-208.1 and 11-501.1 of this
Code, will be imposed. If the |
person is also a CDL holder, he or she shall be warned by the |
law
enforcement officer that if the person submits to the test |
or tests
provided in paragraph (a) of this Section and the |
alcohol concentration in
the person's blood, other bodily |
substance, or breath is 0.08 or greater, or any amount of
a
|
drug, substance, or compound resulting from the unlawful use |
or consumption
of cannabis as covered by the Cannabis Control |
|
Act, a controlled
substance
listed in the Illinois Controlled |
Substances Act, an intoxicating compound
listed in the Use of |
Intoxicating Compounds Act, or methamphetamine as listed in |
the Methamphetamine Control and Community Protection Act is |
detected in the person's
blood, other bodily substance, or |
urine, a disqualification of
the person's privilege to operate |
a commercial motor vehicle, as provided in Section 6-514 of |
this Code, will be imposed. |
A person who is under the age of 21 at the time the person |
is requested to
submit to a test as provided above shall, in |
addition to the warnings provided
for in this Section, be |
further warned by the law enforcement officer
requesting the |
test that if the person submits to the test or tests provided |
in
paragraph (a) of this Section and the alcohol concentration |
in the person's
blood, other bodily substance, or breath is |
greater than 0.00 and less than 0.08, a
suspension of the
|
person's privilege to operate a motor vehicle, as provided |
under Sections
6-208.2 and 11-501.8 of this Code, will be |
imposed. The results of this test
shall be admissible in a |
civil or criminal action or proceeding arising from an
arrest |
for an offense as defined in Section 11-501 of this Code or a |
similar
provision of a local ordinance or pursuant to Section |
11-501.4 in prosecutions
for reckless homicide brought under |
the Criminal Code of 1961 or the Criminal Code of 2012. These |
test
results, however, shall be admissible only in actions or |
proceedings directly
related to the incident upon which the |
|
test request was made. |
A person requested to submit to a test shall also |
acknowledge, in writing, receipt of the warning required under |
this Section. If the person refuses to acknowledge receipt of |
the warning, the law enforcement officer shall make a written |
notation on the warning that the person refused to sign the |
warning. A person's refusal to sign the warning shall not be |
evidence that the person was not read the warning. |
(d) If the person refuses testing or submits to a test that |
discloses
an alcohol concentration of 0.08 or more, or testing |
discloses the presence of cannabis as listed in the Cannabis |
Control Act with a tetrahydrocannabinol concentration as |
defined in paragraph 6 of subsection (a) of Section 11-501.2 |
of this Code, or any amount of a drug,
substance, or |
intoxicating compound in the person's breath, blood,
other |
bodily substance, or urine resulting from the
unlawful use or |
consumption of a controlled substance listed in the Illinois |
Controlled Substances
Act, an intoxicating compound listed in |
the Use of Intoxicating Compounds
Act, or methamphetamine as |
listed in the Methamphetamine Control and Community Protection |
Act, the law enforcement officer shall immediately submit a |
sworn report to
the
circuit court of venue and the Secretary of |
State, certifying that the test or
tests was or were requested |
under paragraph (a) and the person refused to
submit to a test, |
or tests, or submitted to testing that disclosed an alcohol
|
concentration of 0.08 or more, testing discloses the presence |
|
of cannabis as listed in the Cannabis Control Act with a |
tetrahydrocannabinol concentration as defined in paragraph 6 |
of subsection (a) of Section 11-501.2 of this Code, or any |
amount of a drug,
substance, or intoxicating compound in the |
person's breath, blood, other bodily substance, or urine |
resulting from the
unlawful use or consumption of a controlled |
substance listed in the Illinois Controlled Substances
Act, an |
intoxicating compound listed in the Use of Intoxicating |
Compounds
Act, or methamphetamine as listed in the |
Methamphetamine Control and Community Protection Act. If the |
person is also a CDL holder and refuses testing or submits to a |
test that discloses
an alcohol concentration of 0.08 or more, |
or any amount of a drug,
substance, or intoxicating compound |
in the person's breath, blood, other bodily substance, or |
urine resulting from the
unlawful use or consumption of |
cannabis listed in the Cannabis Control Act, a controlled |
substance listed in the Illinois Controlled Substances
Act, an |
intoxicating compound listed in the Use of Intoxicating |
Compounds
Act, or methamphetamine as listed in the |
Methamphetamine Control and Community Protection Act, the law |
enforcement officer shall also immediately submit a sworn |
report to
the
circuit court of venue and the Secretary of |
State, certifying that the test or
tests was or were requested |
under paragraph (a) and the person refused to
submit to a test, |
or tests, or submitted to testing that disclosed an alcohol |
concentration of 0.08 or more, or any amount of a drug,
|
|
substance, or intoxicating compound in the person's breath, |
blood, other bodily substance, or urine resulting from the
|
unlawful use or consumption of cannabis listed in the Cannabis |
Control Act, a controlled substance listed in the Illinois |
Controlled Substances
Act, an intoxicating compound listed in |
the Use of Intoxicating Compounds
Act, or methamphetamine as |
listed in the Methamphetamine Control and Community Protection |
Act. |
(e) Upon receipt of the sworn report of a law enforcement |
officer
submitted under paragraph (d), the Secretary of State |
shall enter the
statutory summary suspension or revocation and |
disqualification for the periods specified in Sections
6-208.1 |
and 6-514, respectively,
and effective as provided in |
paragraph (g). |
If the person is a first offender as defined in Section |
11-500 of this
Code, and is not convicted of a violation of |
Section 11-501
of this Code or a similar provision of a local |
ordinance, then reports
received by the Secretary of State |
under this Section shall, except during
the actual time the |
Statutory Summary Suspension is in effect, be
privileged |
information and for use only by the courts, police officers,
|
prosecuting authorities or the Secretary of State, unless the |
person is a CDL holder, is operating a commercial motor |
vehicle or vehicle required to be placarded for hazardous |
materials, in which case the suspension shall not be |
privileged. Reports received by the Secretary of State under |
|
this Section shall also be made available to the parent or |
guardian of a person under the age of 18 years that holds an |
instruction permit or a graduated driver's license, regardless |
of whether the statutory summary suspension is in effect. A |
statutory summary revocation shall not be privileged |
information. |
(f) The law enforcement officer submitting the sworn |
report under paragraph
(d) shall serve immediate notice of the |
statutory summary suspension or revocation on the
person and |
the suspension or revocation and disqualification shall be |
effective as provided in paragraph (g). |
(1) In
cases involving a person who is not a CDL holder |
where the blood alcohol concentration of 0.08 or greater |
or
any amount of
a drug, substance, or compound resulting |
from the unlawful use or consumption
of a controlled
|
substance
listed in the Illinois Controlled Substances |
Act,
an intoxicating compound
listed in the Use of |
Intoxicating Compounds Act, or methamphetamine as listed |
in the Methamphetamine Control and Community Protection |
Act is established by a
subsequent
analysis of blood, |
other bodily substance, or urine or analysis of whole |
blood or other bodily substance establishes a |
tetrahydrocannabinol concentration as defined in paragraph |
6 of subsection (a) of Section 11-501.2 of this Code, |
collected at the time of arrest, the arresting
officer or |
arresting agency shall give notice as provided in this |
|
Section or by
deposit in the United States mail of the |
notice in an envelope with postage
prepaid and addressed |
to the person at his or her address as shown on the Uniform
|
Traffic Ticket and the statutory summary suspension shall |
begin as provided in
paragraph (g). |
(1.3) In cases involving a person who is a CDL holder |
where the blood alcohol concentration of 0.08 or greater |
or
any amount of
a drug, substance, or compound resulting |
from the unlawful use or consumption
of cannabis as |
covered by the Cannabis Control Act, a controlled
|
substance
listed in the Illinois Controlled Substances |
Act,
an intoxicating compound
listed in the Use of |
Intoxicating Compounds Act, or methamphetamine as listed |
in the Methamphetamine Control and Community Protection |
Act is established by a
subsequent
analysis of blood, |
other bodily substance, or urine collected at the time of |
arrest, the arresting
officer or arresting agency shall |
give notice as provided in this Section or by
deposit in |
the United States mail of the notice in an envelope with |
postage
prepaid and addressed to the person at his or her |
address as shown on the Uniform
Traffic Ticket and the |
statutory summary suspension and disqualification shall |
begin as provided in
paragraph (g). |
(1.5) The officer shall confiscate any Illinois |
driver's license or
permit on the person at the time of |
arrest. If the person has a valid driver's
license or |
|
permit, the officer shall issue the person a receipt, in
a |
form prescribed by the Secretary of State, that will allow |
that person
to drive during the periods provided for in |
paragraph (g). The officer
shall immediately forward the |
driver's license or permit to the circuit
court of venue |
along with the sworn report provided for in
paragraph (d). |
(2) (Blank). |
(g) The statutory summary suspension or revocation and |
disqualification
referred to in this Section shall
take effect |
on the 46th day following the date the notice of the statutory
|
summary suspension or revocation was given to the person. |
(h) The following procedure shall apply
whenever a person |
is arrested for any offense as defined in Section 11-501
or a |
similar provision of a local ordinance: |
Upon receipt of the sworn report from the law enforcement |
officer,
the Secretary of State shall confirm the statutory |
summary suspension or revocation by
mailing a notice of the |
effective date of the suspension or revocation to the person |
and
the court of venue. The Secretary of State shall also mail |
notice of the effective date of the disqualification to the |
person. However, should the sworn report be defective by not
|
containing sufficient information or be completed in error, |
the
confirmation of the statutory summary suspension or |
revocation shall not be mailed to the
person or entered to the |
record; instead, the sworn report shall
be
forwarded to the |
court of venue with a copy returned to the issuing agency
|
|
identifying any defect. |
(i) As used in this Section, "personal injury" includes |
any Type A injury as indicated on the traffic crash accident |
report completed by a law enforcement officer that requires |
immediate professional attention in either a doctor's office |
or a medical facility. A Type A injury includes severely |
bleeding wounds, distorted extremities, and injuries that |
require the injured party to be carried from the scene. |
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; |
99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
|
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
|
Sec. 11-501.2. Chemical and other tests.
|
(a) Upon the trial of any civil or criminal action or |
proceeding arising out
of an arrest for an offense as defined |
in Section 11-501 or a similar local
ordinance or proceedings |
pursuant to Section 2-118.1, evidence of the
concentration of |
alcohol, other drug or drugs, or intoxicating compound or
|
compounds, or any combination thereof in a person's blood
or |
breath at the time alleged, as determined by analysis of the |
person's blood,
urine, breath, or other bodily substance, |
shall be admissible. Where such test
is made the following |
provisions shall apply:
|
1. Chemical analyses of the person's blood, urine, |
breath, or other bodily
substance to be considered valid |
under the provisions of this Section shall
have been |
|
performed according to standards promulgated by the |
Illinois State Police
by
a licensed physician, registered |
nurse, trained phlebotomist, licensed paramedic, or other |
individual
possessing a valid permit issued by that |
Department for
this purpose. The Director of the Illinois |
State Police is authorized to approve satisfactory
|
techniques or methods, to ascertain the qualifications and |
competence of
individuals to conduct such analyses, to |
issue permits which shall be subject
to termination or |
revocation at the discretion of that Department and to
|
certify the accuracy of breath testing equipment. The |
Illinois
State Police shall prescribe regulations as |
necessary to
implement this
Section.
|
2. When a person in this State shall submit to a blood |
test at the request
of a law enforcement officer under the |
provisions of Section 11-501.1, only a
physician |
authorized to practice medicine, a licensed physician |
assistant, a licensed advanced practice registered nurse, |
a registered nurse, trained
phlebotomist, or licensed |
paramedic, or other
qualified person approved by the |
Illinois State Police may withdraw blood
for the purpose |
of determining the alcohol, drug, or alcohol and drug |
content
therein. This limitation shall not apply to the |
taking of breath, other bodily substance, or urine
|
specimens.
|
When a blood test of a person who has been taken to an |
|
adjoining state
for medical treatment is requested by an |
Illinois law enforcement officer,
the blood may be |
withdrawn only by a physician authorized to practice
|
medicine in the adjoining state, a licensed physician |
assistant, a licensed advanced practice registered nurse, |
a registered nurse, a trained
phlebotomist acting under |
the direction of the physician, or licensed
paramedic. The |
law
enforcement officer requesting the test shall take |
custody of the blood
sample, and the blood sample shall be |
analyzed by a laboratory certified by the
Illinois State |
Police for that purpose.
|
3. The person tested may have a physician, or a |
qualified technician,
chemist, registered nurse, or other |
qualified person of their own choosing
administer a |
chemical test or tests in addition to any administered at |
the
direction of a law enforcement officer. The failure or |
inability to obtain
an additional test by a person shall |
not preclude the admission of evidence
relating to the |
test or tests taken at the direction of a law enforcement
|
officer.
|
4. Upon the request of the person who shall submit to a |
chemical test
or tests at the request of a law enforcement |
officer, full information
concerning the test or tests |
shall be made available to the person or such
person's |
attorney.
|
5. Alcohol concentration shall mean either grams of |
|
alcohol per 100
milliliters of blood or grams of alcohol |
per 210 liters of breath.
|
6. Tetrahydrocannabinol concentration means either 5 |
nanograms or more of delta-9-tetrahydrocannabinol per |
milliliter of whole blood or 10 nanograms or more of |
delta-9-tetrahydrocannabinol per milliliter of other |
bodily substance. |
(a-5) Law enforcement officials may use validated roadside |
chemical tests or standardized field sobriety tests approved |
by the National Highway Traffic Safety Administration when |
conducting investigations of a violation of Section 11-501 or |
similar local ordinance by drivers suspected of driving under |
the influence of cannabis. The General Assembly finds that (i) |
validated roadside chemical tests are effective means to |
determine if a person is under the influence of cannabis and |
(ii) standardized field sobriety tests approved by the |
National Highway Traffic Safety Administration are divided |
attention tasks that are intended to determine if a person is |
under the influence of cannabis. The purpose of these tests is |
to determine the effect of the use of cannabis on a person's |
capacity to think and act with ordinary care and therefore |
operate a motor vehicle safely. Therefore, the results of |
these validated roadside chemical tests and standardized field |
sobriety tests, appropriately administered, shall be |
admissible in the trial of any civil or criminal action or |
proceeding arising out of an arrest for a cannabis-related |
|
offense as defined in Section 11-501 or a similar local |
ordinance or proceedings under Section 2-118.1 or 2-118.2. |
Where a test is made the following provisions shall apply: |
1. The person tested may have a physician, or a |
qualified technician, chemist, registered nurse, or other |
qualified person of their own choosing administer a |
chemical test or tests in addition to the standardized |
field sobriety test or tests administered at the direction |
of a law enforcement officer. The failure or inability to |
obtain an additional test by a person does not preclude |
the admission of evidence relating to the test or tests |
taken at the direction of a law enforcement officer. |
2. Upon the request of the person who shall submit to |
validated roadside chemical tests or a standardized field |
sobriety test or tests at the request of a law enforcement |
officer, full information concerning the test or tests |
shall be made available to the person or the person's |
attorney. |
3. At the trial of any civil or criminal action or |
proceeding arising out of an arrest for an offense as |
defined in Section 11-501 or a similar local ordinance or |
proceedings under Section 2-118.1 or 2-118.2 in which the |
results of these validated roadside chemical tests or |
standardized field sobriety tests are admitted, the person |
may present and the trier of fact may consider evidence |
that the person lacked the physical capacity to perform |
|
the validated roadside chemical tests or standardized |
field sobriety tests. |
(b) Upon the trial of any civil or criminal action or |
proceeding arising
out of acts alleged to have been committed |
by any person while driving or
in actual physical control of a |
vehicle while under the influence of alcohol,
the |
concentration of alcohol in the person's blood or breath at |
the time
alleged as shown by analysis of the person's blood, |
urine, breath, or other
bodily substance shall give rise to |
the following presumptions:
|
1. If there was at that time an alcohol concentration |
of 0.05 or less,
it shall be presumed that the person was |
not under the influence of alcohol.
|
2. If there was at that time an alcohol concentration |
in excess of 0.05
but less than 0.08, such facts shall not |
give rise to any
presumption that
the person was or was not |
under the influence of alcohol, but such fact
may be |
considered with other competent evidence in determining |
whether the
person was under the influence of alcohol.
|
3. If there was at that time an alcohol concentration |
of 0.08
or more,
it shall be presumed that the person was |
under the influence of alcohol.
|
4. The foregoing provisions of this Section shall not |
be construed as
limiting the introduction of any other |
relevant evidence bearing upon the
question whether the |
person was under the influence of alcohol.
|
|
(b-5) Upon the trial of any civil or criminal action or |
proceeding arising out of acts alleged to have been committed |
by any person while driving or in actual physical control of a |
vehicle while under the influence of alcohol, other drug or |
drugs, intoxicating compound or compounds or any combination |
thereof, the concentration of cannabis in the person's whole |
blood or other bodily substance at the time alleged as shown by |
analysis of the person's blood or other bodily substance shall |
give rise to the following presumptions: |
1. If there was a tetrahydrocannabinol concentration |
of 5 nanograms or more in whole blood or 10 nanograms or |
more in an other bodily substance as defined in this |
Section, it shall be presumed that the person was under |
the influence of cannabis. |
2. If there was at that time a tetrahydrocannabinol |
concentration of less than 5 nanograms in whole blood or |
less than 10 nanograms in an other bodily substance, such |
facts shall not give rise to any
presumption that
the |
person was or was not under the influence of cannabis, but |
such fact
may be considered with other competent evidence |
in determining whether the
person was under the influence |
of cannabis.
|
(c) 1. If a person under arrest refuses to submit to a |
chemical test
under
the provisions of Section 11-501.1, |
evidence of refusal shall be admissible
in any civil or |
criminal action or proceeding arising out of acts alleged
to |
|
have been committed while the person under the influence of |
alcohol,
other drug or drugs, or intoxicating compound or |
compounds, or
any combination thereof was driving or in actual |
physical
control of a motor vehicle.
|
2. Notwithstanding any ability to refuse under this Code |
to submit to
these tests or any ability to revoke the implied |
consent to these tests, if a
law enforcement officer has |
probable cause to believe that a motor vehicle
driven by or in |
actual physical control of a person under the influence of
|
alcohol, other drug or drugs, or intoxicating compound or
|
compounds,
or any combination thereof
has caused the death or
|
personal injury to another, the law enforcement officer shall |
request, and that person shall submit, upon the request of a |
law
enforcement officer, to a chemical test or tests of his or |
her blood, breath, other bodily substance, or
urine for the |
purpose of
determining the alcohol content thereof or the |
presence of any other drug or
combination of both.
|
This provision does not affect the applicability of or |
imposition of driver's
license sanctions under Section |
11-501.1 of this Code.
|
3. For purposes of this Section, a personal injury |
includes any Type A
injury as indicated on the traffic crash |
accident report completed by a law
enforcement officer that |
requires immediate professional attention in either a
doctor's |
office or a medical facility. A Type A injury includes severe
|
bleeding wounds, distorted extremities, and injuries that |
|
require the injured
party to be carried from the scene.
|
(d) If a person refuses validated roadside chemical tests |
or standardized field sobriety tests under Section 11-501.9 of |
this Code, evidence of refusal shall be admissible in any |
civil or criminal action or proceeding arising out of acts |
committed while the person was driving or in actual physical |
control of a vehicle and alleged to have been impaired by the |
use of cannabis. |
(e) Illinois State Police compliance with the changes in |
this amendatory Act of the 99th General Assembly concerning |
testing of other bodily substances and tetrahydrocannabinol |
concentration by Illinois State Police laboratories is subject |
to appropriation and until the Illinois State Police adopt |
standards and completion validation. Any laboratories that |
test for the presence of cannabis or other drugs under this |
Article, the Snowmobile Registration and Safety Act, or the |
Boat Registration and Safety Act must comply with ISO/IEC |
17025:2005. |
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.)
|
(625 ILCS 5/11-501.4-1)
|
Sec. 11-501.4-1. Reporting of test results of blood, other |
bodily substance, or urine conducted in
the regular course of |
providing emergency medical treatment. |
(a) Notwithstanding any other provision of law, the |
results of blood, other bodily substance, or
urine
tests |
|
performed for the purpose of determining the content of |
alcohol, other
drug or drugs, or intoxicating compound or |
compounds, or any combination
thereof, in an individual's |
blood, other bodily substance, or urine conducted upon persons
|
receiving medical treatment in a hospital emergency room for |
injuries resulting
from a motor vehicle crash accident shall |
be disclosed
to the Illinois State Police
or local law |
enforcement agencies of jurisdiction, upon request.
Such |
blood, other bodily substance, or urine tests are admissible |
in evidence as a business record
exception to the hearsay rule |
only in prosecutions for any violation of Section
11-501 of |
this Code or a similar provision of a local ordinance, or in
|
prosecutions for reckless homicide brought under the Criminal |
Code of 1961 or the Criminal Code of 2012.
|
(b) The confidentiality provisions of law pertaining to |
medical records and
medical treatment shall not be applicable |
with regard to tests performed upon
an
individual's blood, |
other bodily substance, or urine under the provisions of |
subsection (a) of this
Section. No person shall be liable for |
civil damages or professional discipline
as a result of the |
disclosure or reporting of the tests or the evidentiary
use of |
an
individual's blood, other bodily substance, or urine test |
results under this Section or Section 11-501.4
or as a result |
of that person's testimony made available under this Section |
or
Section 11-501.4, except for willful or wanton misconduct.
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
|
(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) |
Sec. 11-501.6. Driver involvement in personal injury or |
fatal motor
vehicle crash accident ; chemical test. |
(a) Any person who drives or is in actual control of a |
motor vehicle
upon the public highways of this State and who |
has been involved in a
personal injury or fatal motor vehicle |
crash accident , shall be deemed to have
given consent to a |
breath test using a portable device as approved by the
|
Illinois State Police or to a chemical test or tests
of blood, |
breath, other bodily substance, or
urine for the purpose of |
determining the content of alcohol,
other
drug or drugs, or |
intoxicating compound or compounds of such
person's blood if |
arrested as evidenced by the issuance of a Uniform Traffic
|
Ticket for any violation of the Illinois Vehicle Code or a |
similar provision of
a local ordinance, with the exception of |
equipment violations contained in
Chapter 12 of this Code, or |
similar provisions of local ordinances. The test
or tests |
shall be administered at the direction of the arresting |
officer. The
law enforcement agency employing the officer |
shall designate which of the
aforesaid tests shall be |
administered. Up to 2 additional tests of urine or other |
bodily substance may be administered even
after a blood or |
breath test or both has been administered. Compliance with
|
this Section does not relieve such person from the |
requirements of Section
11-501.1 of this Code. |
|
(b) Any person who is dead, unconscious or who is |
otherwise in a
condition rendering such person incapable of |
refusal shall be deemed not to
have withdrawn the consent |
provided by subsection (a) of this Section. In
addition, if a |
driver of a vehicle is receiving medical treatment as a
result |
of a motor vehicle crash accident , any physician licensed to |
practice
medicine, licensed physician assistant, licensed |
advanced practice registered nurse, registered nurse or a |
phlebotomist acting under the direction of
a licensed |
physician shall withdraw blood for testing purposes to |
ascertain
the presence of alcohol, other drug or drugs, or |
intoxicating
compound or compounds, upon the specific request |
of a law
enforcement officer. However, no such testing shall |
be performed until, in
the opinion of the medical personnel on |
scene, the withdrawal can be made
without interfering with or |
endangering the well-being of the patient. |
(c) A person requested to submit to a test as provided |
above shall be
warned by the law enforcement officer |
requesting the test that a refusal to
submit to the test, or |
submission to the test resulting in an alcohol
concentration |
of 0.08 or more, or testing discloses the presence of cannabis |
as listed in the Cannabis Control Act with a |
tetrahydrocannabinol concentration as defined in paragraph 6 |
of subsection (a) of Section 11-501.2 of this Code, or any |
amount of a drug, substance,
or intoxicating compound
|
resulting from the unlawful use or consumption of a controlled |
|
substance listed in the Illinois
Controlled Substances Act, an |
intoxicating compound listed in the Use of
Intoxicating |
Compounds Act, or methamphetamine as listed in the |
Methamphetamine Control and Community Protection Act as |
detected in such person's blood, other bodily substance, or |
urine, may
result in the suspension of such person's privilege |
to operate a motor vehicle. If the person is also a CDL holder, |
he or she shall be
warned by the law enforcement officer |
requesting the test that a refusal to
submit to the test, or |
submission to the test resulting in an alcohol
concentration |
of 0.08 or more, or any amount of a drug, substance,
or |
intoxicating compound
resulting from the unlawful use or |
consumption of cannabis, as covered by the
Cannabis Control |
Act, a controlled substance listed in the Illinois
Controlled |
Substances Act, an intoxicating compound listed in the Use of
|
Intoxicating Compounds Act, or methamphetamine as listed in |
the Methamphetamine Control and Community Protection Act as |
detected in the person's blood, other bodily substance, or |
urine, may result in the disqualification of the person's |
privilege to operate a commercial motor vehicle, as provided |
in Section 6-514 of this Code.
The length of the suspension |
shall be the same as outlined in Section
6-208.1 of this Code |
regarding statutory summary suspensions. |
A person requested to submit to a test shall also |
acknowledge, in writing, receipt of the warning required under |
this Section. If the person refuses to acknowledge receipt of |
|
the warning, the law enforcement officer shall make a written |
notation on the warning that the person refused to sign the |
warning. A person's refusal to sign the warning shall not be |
evidence that the person was not read the warning. |
(d) If the person refuses testing or submits to a test |
which discloses
an alcohol concentration of 0.08 or more, the |
presence of cannabis as listed in the Cannabis Control Act |
with a tetrahydrocannabinol concentration as defined in |
paragraph 6 of subsection (a) of Section 11-501.2 of this |
Code, or any amount of a drug,
substance,
or intoxicating |
compound in such person's blood or urine resulting from the
|
unlawful use or
consumption of a controlled
substance listed |
in the Illinois Controlled Substances Act, an
intoxicating
|
compound listed in the Use of Intoxicating Compounds Act, or |
methamphetamine as listed in the Methamphetamine Control and |
Community Protection Act, the law
enforcement officer shall |
immediately submit a sworn report to the Secretary of
State on |
a form prescribed by the Secretary, certifying that the test |
or tests
were requested under subsection (a) and the person |
refused to submit to a
test or tests or submitted to testing |
which disclosed an alcohol concentration
of 0.08 or more, the |
presence of cannabis as listed in the Cannabis Control Act |
with a tetrahydrocannabinol concentration as defined in |
paragraph 6 of subsection (a) of Section 11-501.2 of this |
Code, or any amount of a drug, substance, or intoxicating
|
compound
in such
person's blood, other bodily substance, or |
|
urine, resulting from the unlawful use or consumption of
a |
controlled substance
listed in
the Illinois Controlled |
Substances Act,
an intoxicating compound listed in
the Use of |
Intoxicating Compounds Act, or methamphetamine as listed in |
the Methamphetamine Control and Community Protection Act. If |
the person is also a CDL holder and refuses testing or submits |
to a test which discloses
an alcohol concentration of 0.08 or |
more, or any amount of a drug,
substance,
or intoxicating |
compound in the person's blood, other bodily substance, or |
urine resulting from the
unlawful use or
consumption of |
cannabis listed in the Cannabis Control Act, a controlled
|
substance listed in the Illinois Controlled Substances Act, an
|
intoxicating
compound listed in the Use of Intoxicating |
Compounds Act, or methamphetamine as listed in the |
Methamphetamine Control and Community Protection Act, the law
|
enforcement officer shall immediately submit a sworn report to |
the Secretary of
State on a form prescribed by the Secretary, |
certifying that the test or tests
were requested under |
subsection (a) and the person refused to submit to a
test or |
tests or submitted to testing which disclosed an alcohol |
concentration
of 0.08 or more, or any amount of a drug, |
substance, or intoxicating
compound
in such
person's blood, |
other bodily substance, or urine, resulting from the unlawful |
use or consumption of
cannabis listed in the Cannabis Control |
Act, a controlled substance
listed in
the Illinois Controlled |
Substances Act,
an intoxicating compound listed in
the Use of |
|
Intoxicating Compounds Act, or methamphetamine as listed in |
the Methamphetamine Control and Community Protection Act. |
Upon receipt of the sworn report of a law enforcement |
officer, the
Secretary shall enter the suspension and |
disqualification to the individual's driving record and the
|
suspension and disqualification shall be effective on the 46th |
day following the date notice of the
suspension was given to |
the person. |
The law enforcement officer submitting the sworn report |
shall serve immediate
notice of this suspension on the person |
and such suspension and disqualification shall be effective
on |
the 46th day following the date notice was given. |
In cases involving a person who is not a CDL holder where |
the blood alcohol concentration of 0.08 or more,
or blood |
testing discloses the presence of cannabis as listed in the |
Cannabis Control Act with a tetrahydrocannabinol concentration |
as defined in paragraph 6 of subsection (a) of Section |
11-501.2 of this Code, or any amount
of a drug, substance, or |
intoxicating compound resulting from the unlawful
use or
|
consumption of a
controlled
substance listed in the Illinois |
Controlled Substances Act,
an
intoxicating
compound listed in |
the Use of Intoxicating Compounds Act, or methamphetamine as |
listed in the Methamphetamine Control and Community Protection |
Act, is established by a
subsequent analysis of blood, other |
bodily substance, or urine collected at the time of arrest, |
the
arresting officer shall give notice as provided in this |
|
Section or by deposit
in the United States mail of such notice |
in an envelope with postage prepaid
and addressed to such |
person at his or her address as shown on the Uniform Traffic
|
Ticket and the suspension shall be effective on the 46th day |
following the date
notice was given. |
In cases involving a person who is a CDL holder where the |
blood alcohol concentration of 0.08 or more,
or any amount
of a |
drug, substance, or intoxicating compound resulting from the |
unlawful
use or
consumption of cannabis as listed in the |
Cannabis Control Act, a
controlled
substance listed in the |
Illinois Controlled Substances Act,
an
intoxicating
compound |
listed in the Use of Intoxicating Compounds Act, or |
methamphetamine as listed in the Methamphetamine Control and |
Community Protection Act, is established by a
subsequent |
analysis of blood, other bodily substance, or urine collected |
at the time of arrest, the
arresting officer shall give notice |
as provided in this Section or by deposit
in the United States |
mail of such notice in an envelope with postage prepaid
and |
addressed to the person at his or her address as shown on the |
Uniform Traffic
Ticket and the suspension and disqualification |
shall be effective on the 46th day following the date
notice |
was given. |
Upon receipt of the sworn report of a law enforcement |
officer, the Secretary
shall also give notice of the |
suspension and disqualification to the driver by mailing a |
notice of
the effective date of the suspension and |
|
disqualification to the individual. However, should the
sworn |
report be defective by not containing sufficient information |
or be
completed in error, the notice of the suspension and |
disqualification shall not be mailed to the
person or entered |
to the driving record, but rather the sworn report shall be
|
returned to the issuing law enforcement agency. |
(e) A driver may contest this suspension of his or her
|
driving privileges and disqualification of his or her CDL |
privileges by
requesting an administrative hearing with the |
Secretary in accordance with
Section 2-118 of this Code. At |
the conclusion of a hearing held under
Section 2-118 of this |
Code, the Secretary may rescind, continue, or modify the
|
orders
of suspension and disqualification. If the Secretary |
does not rescind the orders of suspension and |
disqualification, a restricted
driving permit may be granted |
by the Secretary upon application being made and
good cause |
shown. A restricted driving permit may be granted to relieve |
undue
hardship to allow driving for employment, educational, |
and medical purposes as
outlined in Section 6-206 of this |
Code. The provisions of Section 6-206 of
this Code shall |
apply. In accordance with 49 C.F.R. 384, the Secretary of |
State may not issue a restricted driving permit for the |
operation of a commercial motor vehicle to a person holding a |
CDL whose driving privileges have been suspended, revoked, |
cancelled, or disqualified.
|
(f) (Blank). |
|
(g) For the purposes of this Section, a personal injury |
shall include
any type A injury as indicated on the traffic |
crash accident report completed
by a law enforcement officer |
that requires immediate professional attention
in either a |
doctor's office or a medical facility. A type A injury shall
|
include severely bleeding wounds, distorted extremities, and |
injuries that
require the injured party to be carried from the |
scene. |
(Source: P.A. 102-538, eff. 8-20-21.)
|
(625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)
|
Sec. 11-501.7.
(a) As a condition of probation or |
discharge of a
person convicted of a violation of Section |
11-501 of this Code, who was
less than 21 years of age at the |
time of the offense, or a person
adjudicated delinquent |
pursuant to the Juvenile Court Act of 1987, for violation of
|
Section 11-501 of this Code, the Court may order the offender |
to
participate in the Youthful Intoxicated Drivers' Visitation |
Program.
The Program shall consist of a supervised visitation |
as provided
by this Section by the person to at least one of |
the following, to the
extent that personnel and facilities are |
available:
|
(1) A State or private rehabilitation facility that |
cares for victims
of motor vehicle crashes accidents |
involving persons under the influence of alcohol.
|
(2) A facility which cares for advanced alcoholics to |
|
observe
persons in the terminal stages of alcoholism, |
under the supervision of
appropriately licensed medical |
personnel.
|
(3) If approved by the coroner of the county where the |
person resides,
the county coroner's office or the county |
morgue to observe appropriate
victims of motor vehicle |
crashes accidents involving persons under the influence of
|
alcohol, under the supervision of the coroner or deputy |
coroner.
|
(b) The Program shall be operated by the appropriate |
probation
authorities of the courts of the various circuits. |
The youthful offender
ordered to participate in the Program |
shall bear all costs associated with
participation in the |
Program. A parent or guardian of the offender may
assume the |
obligation of the offender to pay the costs of the Program. The
|
court may waive the requirement that the offender pay the |
costs of
participation in the Program upon a finding of |
indigency.
|
(c) As used in this Section, "appropriate victims" means |
victims whose
condition is determined by the visit supervisor |
to demonstrate the results of
motor vehicle crashes accidents |
involving persons under the influence of alcohol
without being |
excessively gruesome or traumatic to the observer.
|
(d) Any visitation shall include, before any observation |
of victims or
persons with disabilities, a comprehensive |
counseling session with the visitation
supervisor at which the |
|
supervisor shall explain and discuss the
experiences which may |
be encountered during the visitation in order to
ascertain |
whether the visitation is appropriate.
|
(Source: P.A. 101-81, eff. 7-12-19.)
|
(625 ILCS 5/11-501.8)
|
Sec. 11-501.8. Suspension of driver's license; persons |
under age 21.
|
(a) A person who is less than 21 years of age and who |
drives or
is in actual physical control of a motor vehicle upon |
the
public highways of this State shall be deemed to have given |
consent to a
chemical test or tests of blood, breath, other |
bodily substance, or urine for the purpose of
determining the |
alcohol content of the person's blood if arrested, as |
evidenced
by the issuance of a Uniform Traffic Ticket for any |
violation of the Illinois
Vehicle Code or a similar provision |
of a local ordinance, if a police officer
has probable cause to |
believe that the driver has consumed any amount of an
|
alcoholic beverage based upon evidence of the driver's |
physical condition or
other first hand knowledge of the police |
officer. The test or tests shall be
administered at the |
direction of the arresting officer. The law enforcement
agency |
employing the officer shall designate which of the aforesaid |
tests shall
be administered. Up to 2 additional tests of urine |
or other bodily substance may be administered even after a |
blood or
breath test or both has been administered.
|
|
(b) A person who is dead, unconscious, or who is otherwise |
in a condition
rendering that person incapable of refusal, |
shall be deemed not to have
withdrawn the consent provided by |
paragraph (a) of this Section and the test or
tests may be |
administered subject to the following provisions:
|
(i) Chemical analysis of the person's blood, urine, |
breath, or
other bodily substance, to be considered valid |
under the provisions of this
Section, shall have been |
performed according to standards promulgated by the |
Illinois State Police
by an individual possessing a valid |
permit issued by that Department for this
purpose. The |
Director of the Illinois State Police is authorized to |
approve satisfactory
techniques or methods, to ascertain |
the qualifications and competence of
individuals to |
conduct analyses, to issue permits that shall be subject |
to
termination or revocation at the direction of that |
Department, and to certify
the accuracy of breath testing |
equipment. The Illinois State Police shall prescribe |
regulations as necessary.
|
(ii) When a person submits to a blood test at the |
request of a law
enforcement officer under the provisions |
of this Section, only a physician
authorized to practice |
medicine, a licensed physician assistant, a licensed |
advanced practice registered nurse, a registered nurse, or |
other qualified person
trained in venipuncture and acting |
under the direction of a licensed physician
may withdraw |
|
blood for the purpose of determining the alcohol content |
therein.
This limitation does not apply to the taking of |
breath, other bodily substance, or urine specimens.
|
(iii) The person tested may have a physician, |
qualified technician,
chemist, registered nurse, or other |
qualified person of his or her own choosing
administer a |
chemical test or tests in addition to any test or tests
|
administered at the direction of a law enforcement |
officer. The failure or
inability to obtain an additional |
test by a person shall not preclude the
consideration of |
the previously performed chemical test.
|
(iv) Upon a request of the person who submits to a |
chemical test or
tests at the request of a law enforcement |
officer, full information concerning
the test or tests |
shall be made available to the person or that person's
|
attorney.
|
(v) Alcohol concentration means either grams of |
alcohol per 100
milliliters of blood or grams of alcohol |
per 210 liters of breath.
|
(vi) If a driver is receiving medical treatment as a |
result of a motor
vehicle crashes accident , a physician |
licensed to practice medicine, licensed physician |
assistant, licensed advanced practice registered nurse, |
registered nurse,
or other qualified person trained in |
venipuncture and
acting under the direction of a licensed |
physician shall
withdraw blood for testing purposes to |
|
ascertain the presence of alcohol upon
the specific |
request of a law enforcement officer. However, that |
testing
shall not be performed until, in the opinion of |
the medical personnel on scene,
the withdrawal can be made |
without interfering with or endangering the
well-being of |
the patient.
|
(c) A person requested to submit to a test as provided |
above shall be warned
by the law enforcement officer |
requesting the test that a refusal to submit to
the test, or |
submission to the test resulting in an alcohol concentration |
of
more than 0.00, may result in the loss of that person's |
privilege to operate a
motor vehicle and may result in the |
disqualification of the person's privilege to operate a |
commercial motor vehicle, as provided in Section 6-514 of this |
Code, if the person is a CDL holder. The loss of driving |
privileges shall be imposed in accordance
with Section 6-208.2 |
of this Code.
|
A person requested to submit to a test shall also |
acknowledge, in writing, receipt of the warning required under |
this Section. If the person refuses to acknowledge receipt of |
the warning, the law enforcement officer shall make a written |
notation on the warning that the person refused to sign the |
warning. A person's refusal to sign the warning shall not be |
evidence that the person was not read the warning. |
(d) If the person refuses testing or submits to a test that |
discloses an
alcohol concentration of more than 0.00, the law |
|
enforcement officer shall
immediately submit a sworn report to |
the Secretary of State on a form
prescribed by the Secretary of |
State, certifying that the test or tests were
requested under |
subsection (a) and the person refused to submit to a test
or |
tests or submitted to testing which disclosed an alcohol |
concentration of
more than 0.00. The law enforcement officer |
shall submit the same sworn report
when a person under the age |
of 21 submits to testing under Section
11-501.1 of this Code |
and the testing discloses an alcohol concentration of
more |
than 0.00 and less than 0.08.
|
Upon receipt of the sworn report of a law enforcement |
officer, the Secretary
of State shall enter the suspension and |
disqualification on the individual's driving
record and the |
suspension and disqualification shall be effective on the 46th |
day following the date
notice of the suspension was given to |
the person. If this suspension is the
individual's first |
driver's license suspension under this Section, reports
|
received by the Secretary of State under this Section shall, |
except during the
time the suspension is in effect, be |
privileged information and for use only by
the courts, police |
officers, prosecuting authorities, the Secretary of State,
or |
the individual personally, unless the person is a CDL holder, |
is operating a commercial motor vehicle or vehicle required to |
be placarded for hazardous materials, in which case the |
suspension shall not be privileged.
Reports received by the |
Secretary of State under this Section shall also be made |
|
available to the parent or guardian of a person under the age |
of 18 years that holds an instruction permit or a graduated |
driver's license, regardless of whether the suspension is in |
effect.
|
The law enforcement officer submitting the sworn report |
shall serve immediate
notice of this suspension on the person |
and the suspension and disqualification shall
be effective on |
the 46th day following the date notice was given.
|
In cases where the blood alcohol concentration of more |
than 0.00 is
established by a subsequent analysis of blood, |
other bodily substance, or urine, the police officer or
|
arresting agency shall give notice as provided in this Section |
or by deposit
in the United States mail of that notice in an |
envelope with postage prepaid
and addressed to that person at |
his last known address and the loss of driving
privileges |
shall be effective on the 46th day following the date notice |
was
given.
|
Upon receipt of the sworn report of a law enforcement |
officer, the Secretary
of State shall also give notice of the |
suspension and disqualification to the driver
by mailing a |
notice of the effective date of the suspension and |
disqualification to the individual.
However, should the sworn |
report be defective by not containing sufficient
information |
or be completed in error, the notice of the suspension and |
disqualification shall not be mailed to the person or entered |
to the driving record,
but rather the sworn report shall be |
|
returned to the issuing law enforcement
agency.
|
(e) A driver may contest this suspension and |
disqualification by requesting an
administrative hearing with |
the Secretary of State in accordance with Section
2-118 of |
this Code. An individual whose blood alcohol concentration is |
shown
to be more than 0.00 is not subject to this Section if he |
or she consumed
alcohol in the performance of a religious |
service or ceremony. An individual
whose blood alcohol |
concentration is shown to be more than 0.00 shall not be
|
subject to this Section if the individual's blood alcohol |
concentration
resulted only from ingestion of the prescribed |
or recommended dosage of
medicine that contained alcohol. The |
petition for that hearing shall not stay
or delay the |
effective date of the impending suspension. The scope of this
|
hearing shall be limited to the issues of:
|
(1) whether the police officer had probable cause to |
believe that the
person was driving or in actual physical |
control of a motor vehicle upon the
public highways of the |
State and the police officer had reason to believe that
|
the person was in violation of any provision of the |
Illinois Vehicle Code or a
similar provision of a local |
ordinance; and
|
(2) whether the person was issued a Uniform Traffic |
Ticket for any
violation of the Illinois Vehicle Code or a |
similar provision of a local
ordinance; and
|
(3) whether the police officer had probable cause to |
|
believe that the
driver
had consumed any amount of an |
alcoholic beverage based upon the driver's
physical |
actions or other first-hand knowledge of the police |
officer; and
|
(4) whether the person, after being advised by the |
officer that the
privilege to operate a motor vehicle |
would be suspended if the person refused
to submit to and |
complete the test or tests, did refuse to submit to or
|
complete the test or tests to determine the person's |
alcohol concentration;
and
|
(5) whether the person, after being advised by the |
officer that the
privileges to operate a motor vehicle |
would be suspended if the person submits
to a chemical |
test or tests and the test or tests disclose an alcohol
|
concentration of more than 0.00, did submit to and
|
complete the
test or tests that determined an alcohol |
concentration of more than 0.00; and
|
(6) whether the test result of an alcohol |
concentration of more than 0.00
was based upon the |
person's consumption of alcohol in the performance of a
|
religious service or ceremony; and
|
(7) whether the test result of an alcohol |
concentration of more than 0.00
was based upon the |
person's consumption of alcohol through ingestion of the
|
prescribed or recommended dosage of medicine.
|
At the conclusion of the hearing held under Section 2-118 |
|
of
this Code, the Secretary of State may rescind, continue, or |
modify the suspension and disqualification. If the Secretary |
of State does not rescind the suspension and disqualification, |
a
restricted driving permit may be granted by the Secretary of |
State upon
application being made and good cause shown. A |
restricted driving permit may be
granted to relieve undue |
hardship by allowing driving for employment,
educational, and |
medical purposes as outlined in item (3) of part (c) of
Section |
6-206 of this Code. The provisions of item (3) of part (c) of |
Section
6-206 of this Code and of subsection (f) of that |
Section shall apply. The Secretary of State shall promulgate |
rules
providing for participation in an alcohol education and |
awareness program or
activity, a drug education and awareness |
program or activity, or both as a
condition to the issuance of |
a restricted driving permit for suspensions
imposed under this |
Section.
|
(f) The results of any chemical testing performed in |
accordance with
subsection (a) of this Section are not |
admissible in any civil or criminal
proceeding, except that |
the results of the testing may be considered at a
hearing held |
under Section 2-118 of this Code. However, the results of
the |
testing may not be used to impose driver's license sanctions |
under
Section 11-501.1 of this Code. A law enforcement officer |
may, however, pursue
a statutory summary suspension or |
revocation of driving privileges under Section 11-501.1 of
|
this Code if other physical evidence or first hand knowledge |
|
forms the basis
of that suspension or revocation.
|
(g) This Section applies only to drivers who are under
age |
21 at the time of the issuance of a Uniform Traffic Ticket for |
a
violation of the Illinois Vehicle Code or a similar |
provision of a local
ordinance, and a chemical test request is |
made under this Section.
|
(h) The action of the Secretary of State in suspending, |
revoking, cancelling, or
disqualifying any license or
permit |
shall be
subject to judicial review in the Circuit Court of |
Sangamon County or in the
Circuit Court of Cook County, and the |
provisions of the Administrative Review
Law and its rules are |
hereby adopted and shall apply to and govern every action
for |
the judicial review of final acts or decisions of the |
Secretary of State
under this Section.
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
(625 ILCS 5/11-506) |
Sec. 11-506. Street racing; aggravated street racing. |
(a) No person shall engage in street racing on any street |
or highway of this State. |
(b) No owner of any vehicle shall acquiesce in or permit |
his or her vehicle to be used by another for the purpose of |
street racing. |
(c) For the purposes of this Section, the following words |
shall have the meanings ascribed to them: |
"Acquiesce" or "permit" means actual knowledge that the |
|
motor vehicle was to be used for the purpose of street racing. |
"Street racing" means: |
(1) The operation of 2 or more vehicles from a point |
side by side at accelerating speeds in a competitive |
attempt to outdistance each other; or |
(2) The operation of one or more vehicles over a |
common selected course, each starting at the same point, |
for the purpose of comparing the relative speeds or power |
of acceleration of such vehicle or vehicles within a |
certain distance or time limit; or |
(3) The use of one or more vehicles in an attempt to |
outgain or outdistance another vehicle; or |
(4) The use of one or more vehicles to prevent another |
vehicle from passing; or |
(5) The use of one or more vehicles to arrive at a |
given destination ahead of another vehicle or vehicles; or |
(6) The use of one or more vehicles to test the |
physical stamina or endurance of drivers over |
long-distance driving routes. |
(d) Penalties. |
(1) Any person who is convicted of a violation of |
subsection (a) shall be guilty of a Class A misdemeanor |
for the first offense and shall be subject to a minimum |
fine of $250. Any person convicted of a violation of |
subsection (a) a second or subsequent time shall be guilty |
of a Class 4 felony and shall be subject to a minimum fine |
|
of $500. The driver's license of any person convicted of |
subsection (a) shall be revoked in the manner provided by |
Section 6-205 of this Code. |
(2) Any person who is convicted of a violation of |
subsection (b) shall be guilty of a Class B misdemeanor. |
Any person who is convicted of subsection (b) for a second |
or subsequent time shall be guilty of a Class A |
misdemeanor. |
(3) Every person convicted of committing a violation |
of subsection (a) of this Section shall be guilty of |
aggravated street racing if the person, in committing a |
violation of subsection (a) was involved in a motor |
vehicle crashes accident that resulted in great bodily |
harm or permanent disability or disfigurement to another, |
where the violation was a proximate cause of the injury. |
Aggravated street racing is a Class 4 felony for which the |
defendant, if sentenced to a term of imprisonment shall be |
sentenced to not less than one year nor more than 12 years.
|
(Source: P.A. 95-310, eff. 1-1-08.)
|
(625 ILCS 5/11-610) (from Ch. 95 1/2, par. 11-610)
|
Sec. 11-610. Charging Violations and Rule in Civil |
Actions. (a) In every charge of violation of
any speed |
regulation in this article the complaint, and
also the summons |
or notice to appear, shall specify the
speed at which the |
defendant is alleged to have driven and
the maximum speed |
|
applicable within the district or at the location.
|
(b) The provision of this article
declaring maximum speed |
limitations
shall not be construed to relieve the plaintiff in |
any
action from the burden of proving negligence on the
part of |
the defendant as the proximate cause of a crash an accident .
|
(Source: P.A. 79-1069.)
|
(625 ILCS 5/11-1431) |
Sec. 11-1431. Solicitations at crash accident or |
disablement scene prohibited. |
(a) A tower, as defined by Section 1-205.2 of this Code, or |
an employee or agent of a tower may not: (i) stop at the scene |
of a motor vehicle crash accident or at or near a damaged or |
disabled vehicle for the purpose of soliciting the owner or |
operator of the damaged or disabled vehicle to enter into a |
towing service transaction; or (ii) stop at the scene of a |
crash an accident or at or near a damaged or disabled vehicle |
unless called to the location by a law enforcement officer, |
the Illinois Department of Transportation, the Illinois State |
Toll Highway Authority, a local agency having jurisdiction |
over the highway, the
owner or operator of the damaged or |
disabled vehicle, or the owner or operator's authorized agent, |
including his or her insurer or motor club of which the owner |
or operator is a member. This Section shall not apply to |
employees of the Department, the Illinois State Toll Highway |
Authority, or local agencies when engaged in their official |
|
duties. Nothing in this Section shall prevent a tower from |
stopping at the scene of a motor vehicle crash accident or at |
or near a
damaged or disabled vehicle if the owner or operator |
signals the tower for assistance from the location of the |
motor vehicle crash accident or damaged or disabled vehicle.
|
(b) A person or company who violates this Section is |
guilty of a Class 4 felony. A person convicted of violating |
this Section shall also have his or her driver's license, |
permit, or privileges suspended for 3 months. After the |
expiration of the 3-month suspension, the person's driver's |
license, permit, or privileges shall not be reinstated until |
he or she has paid a reinstatement fee of $100. If a person |
violates this Section while his or her driver's license, |
permit, or privileges are suspended under this subsection (b), |
his or her driver's license, permit, or privileges shall be |
suspended for an additional 6 months, and shall not be |
reinstated after the expiration of the 6-month suspension |
until he or she pays a reinstatement fee of $100. A vehicle |
owner, or his or her authorized agent or automobile insurer, |
may bring a claim against a company or person who willfully and |
materially violates this Section. A court may award the |
prevailing party reasonable attorney's fees, costs, and |
expenses relating to that action. |
(Source: P.A. 99-438, eff. 1-1-16; 99-848, eff. 8-19-16; |
100-201, eff. 8-18-17.)
|
|
(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
|
Sec. 12-215. Oscillating, rotating or flashing lights on |
motor vehicles. Except as otherwise provided in this Code:
|
(a) The use of red or white oscillating, rotating or |
flashing lights,
whether lighted or unlighted, is prohibited |
except on:
|
1. Law enforcement vehicles of State, Federal or
local |
authorities;
|
2. A vehicle operated by a police officer or county |
coroner
and designated or authorized by local authorities, |
in writing, as a law
enforcement vehicle; however, such |
designation or authorization must
be carried in the |
vehicle;
|
2.1. A vehicle operated by a fire chief, deputy fire |
chief, or assistant fire chief who has completed an |
emergency vehicle operation training course approved by |
the Office of the State Fire Marshal and designated or |
authorized by local authorities, in writing, as a fire |
department, fire protection district, or township fire |
department vehicle; however, the designation or |
authorization must
be carried in the vehicle, and the |
lights may be visible or activated only when responding to |
a bona fide emergency;
|
3. Vehicles of local fire departments and State or |
federal
firefighting vehicles;
|
4. Vehicles which are designed and used exclusively as |
|
ambulances
or rescue vehicles; furthermore, such lights |
shall not be lighted except
when responding to an |
emergency call for and while actually conveying the
sick |
or injured;
|
4.5. Vehicles which are occasionally used as rescue |
vehicles that have been authorized for use as rescue |
vehicles by a volunteer EMS provider, provided that the |
operator of the vehicle has successfully completed an |
emergency vehicle operation training course recognized by |
the Department of Public Health; furthermore, the lights |
shall not be lighted except when responding to an |
emergency call for the sick or injured; |
5. Tow trucks licensed in a state that requires such |
lights;
furthermore, such lights shall not be lighted on |
any such tow truck while the
tow truck is
operating in the |
State of Illinois;
|
6. Vehicles of the Illinois Emergency Management |
Agency, vehicles of the Office of the Illinois State Fire |
Marshal, vehicles of the Illinois Department of Public |
Health, vehicles of
the
Illinois Department of |
Corrections, and vehicles of the Illinois Department of |
Juvenile Justice;
|
7. Vehicles operated by a local or county emergency |
management
services agency as defined in the Illinois |
Emergency
Management Agency Act;
|
8. School buses operating alternately flashing head |
|
lamps as permitted
under Section 12-805 of this Code;
|
9. Vehicles that are equipped and used exclusively as |
organ transplant
vehicles when used in combination with |
blue oscillating, rotating, or flashing
lights; |
furthermore, these lights shall be lighted only when the |
transportation
is declared an emergency by a member of the |
transplant team or a representative
of the organ |
procurement organization; |
10. Vehicles of the Illinois Department of Natural |
Resources that are used for mine rescue and explosives |
emergency response; |
11. Vehicles of the Illinois Department of |
Transportation identified as Emergency Traffic Patrol; the |
lights shall not be lighted except when responding to an |
emergency call or when parked or stationary while engaged |
in motor vehicle assistance or at the scene of the |
emergency; and |
12. Vehicles of the Illinois State Toll Highway
|
Authority with a gross vehicle weight rating of 9,000 |
pounds or more and those identified as Highway Emergency |
Lane Patrol; the lights shall not be lighted except when |
responding to an emergency call or when parked or |
stationary while engaged in motor vehicle assistance or at |
the scene of the emergency. |
(b) The use of amber oscillating, rotating or flashing |
lights, whether
lighted or unlighted, is prohibited except on:
|
|
1. Second division vehicles designed and used for |
towing or hoisting
vehicles; furthermore, such lights |
shall not be lighted except as
required in
this paragraph |
1; such lights shall be lighted
when such vehicles are |
actually being
used at the scene of a crash an accident or
|
disablement; if the towing vehicle is equipped with a flat |
bed that
supports all wheels of the vehicle being |
transported, the lights shall not be
lighted while the |
vehicle is engaged in towing on a highway; if the towing
|
vehicle is not equipped with a flat bed that supports all |
wheels of a vehicle
being transported, the lights shall be |
lighted while the
towing
vehicle is engaged in towing on a |
highway during all
times when the use
of headlights is |
required under Section 12-201 of this Code; in addition, |
these vehicles may use white oscillating, rotating, or |
flashing lights in combination with amber oscillating, |
rotating, or flashing lights as provided in this |
paragraph;
|
2. Motor vehicles or equipment of the State of |
Illinois, the Illinois State Toll Highway Authority, local |
authorities
and contractors; furthermore, such lights |
shall not be lighted except while
such vehicles are |
engaged in maintenance or construction operations within
|
the limits of construction projects;
|
3. Vehicles or equipment used by engineering or survey |
crews;
furthermore, such lights shall not be lighted |
|
except while such vehicles
are actually engaged in work on |
a highway;
|
4. Vehicles of public utilities, municipalities, or |
other
construction, maintenance or automotive service |
vehicles except that such
lights shall be lighted only as |
a means for indicating the presence of a
vehicular traffic |
hazard requiring unusual care in approaching, overtaking
|
or passing while such vehicles are engaged in maintenance, |
service or
construction on a highway;
|
5. Oversized vehicle or load; however, such lights |
shall only be lighted
when moving under permit issued by |
the Department under Section 15-301
of this Code;
|
6. The front and rear of motorized equipment owned and |
operated by the
State of Illinois or any political |
subdivision thereof, which is designed
and used for |
removal of snow and ice from highways;
|
6.1. The front and rear of motorized equipment or |
vehicles that (i) are not owned by the State of Illinois or |
any political subdivision of the State, (ii) are designed |
and used for removal of snow and ice from highways and |
parking lots, and (iii) are equipped with a snow plow that |
is 12 feet in width; these lights may not be lighted except |
when the motorized equipment or vehicle is actually being |
used for those purposes on behalf of a unit of government;
|
7. Fleet safety vehicles registered in another state, |
furthermore, such
lights shall not be lighted except as |
|
provided for in Section 12-212 of
this Code;
|
8. Such other vehicles as may be authorized by local |
authorities;
|
9. Law enforcement vehicles of State or local |
authorities when used in
combination with red oscillating, |
rotating or flashing lights;
|
9.5. Propane delivery trucks;
|
10. Vehicles used for collecting or delivering mail |
for the
United States Postal Service provided that such |
lights shall not be lighted
except when such vehicles are |
actually being used for such purposes;
|
10.5. Vehicles of the Office of the Illinois State |
Fire Marshal, provided that such lights shall not be |
lighted except for when such vehicles are engaged in work |
for the Office of the Illinois State Fire Marshal; |
11. Any vehicle displaying a slow-moving vehicle |
emblem as
provided in Section 12-205.1;
|
12. All trucks equipped with self-compactors or |
roll-off hoists and
roll-on containers for garbage, |
recycling, or refuse hauling. Such lights shall not be
|
lighted except when such vehicles are actually being used |
for such purposes;
|
13. Vehicles used by a security company, alarm |
responder, control
agency, or the Illinois Department of |
Corrections;
|
14. Security vehicles of the Department of Human |
|
Services; however, the
lights shall not be lighted except |
when being used for security related
purposes under the |
direction of the superintendent of the facility where the
|
vehicle is located; and
|
15. Vehicles of union representatives, except that the |
lights shall be
lighted only while the vehicle is within |
the limits of a construction
project.
|
(c) The use of blue oscillating, rotating or flashing |
lights, whether
lighted or unlighted, is prohibited except on:
|
1. Rescue squad vehicles not owned by a fire |
department and
vehicles owned or operated by a:
|
voluntary firefighter;
|
paid firefighter;
|
part-paid firefighter;
|
call firefighter;
|
member of the board of trustees of a fire |
protection district;
|
paid or unpaid member of a rescue squad;
|
paid or unpaid member of a voluntary ambulance |
unit; or
|
paid or unpaid members of a local or county |
emergency management
services agency as defined in the |
Illinois Emergency Management Agency Act,
designated |
or authorized by local authorities, in writing, and |
carrying that
designation or authorization in the |
vehicle.
|
|
However, such lights are not to be lighted except when |
responding to a
bona fide emergency or when parked or |
stationary at the scene of a fire, rescue call, ambulance |
call, or motor vehicle crash accident .
|
Any person using these lights in accordance with this |
subdivision (c)1 must carry on his or her person an |
identification card or letter identifying the bona fide |
member of a fire department, fire protection district, |
rescue squad, ambulance unit, or emergency management |
services agency that owns or operates that vehicle. The |
card or letter must include: |
(A) the name of the fire department, fire |
protection district, rescue squad, ambulance unit, or |
emergency management services agency; |
(B) the member's position within the fire |
department, fire protection district, rescue squad, |
ambulance unit, or emergency management services |
agency; |
(C) the member's term of service; and |
(D) the name of a person within the fire |
department, fire protection district, rescue squad, |
ambulance unit, or emergency management services |
agency to contact to verify the information provided.
|
2. Police department vehicles in cities having a |
population of 500,000
or more inhabitants.
|
3. Law enforcement vehicles of State or local |
|
authorities when used in
combination with red oscillating, |
rotating or flashing lights.
|
4. Vehicles of local fire departments and State or |
federal
firefighting vehicles when used in combination |
with red oscillating,
rotating or flashing lights.
|
5. Vehicles which are designed and used exclusively as |
ambulances or
rescue vehicles when used in combination |
with red oscillating, rotating or
flashing lights; |
furthermore, such lights shall not be lighted except when
|
responding to an emergency call.
|
6. Vehicles that are equipped and used exclusively as |
organ transport
vehicles when used in combination with red |
oscillating, rotating, or flashing
lights; furthermore, |
these lights shall only be lighted when the transportation
|
is declared an emergency by a member of the transplant |
team or a
representative of the organ procurement |
organization.
|
7. Vehicles of the Illinois Emergency Management |
Agency, vehicles of the Office of the Illinois State Fire |
Marshal, vehicles of the Illinois Department of Public |
Health, vehicles of
the
Illinois Department of |
Corrections, and vehicles of the Illinois Department of |
Juvenile Justice, when used in combination with red |
oscillating,
rotating, or flashing lights.
|
8. Vehicles operated by a local or county emergency |
management
services agency as defined in the Illinois |
|
Emergency Management Agency
Act, when used in combination |
with red oscillating, rotating, or
flashing lights.
|
9. Vehicles of the Illinois Department of Natural |
Resources that are used for mine rescue and explosives |
emergency response, when used in combination with red |
oscillating,
rotating, or flashing lights. |
(c-1) In addition to the blue oscillating, rotating, or |
flashing
lights permitted under subsection (c), and |
notwithstanding subsection
(a), a vehicle operated by a |
voluntary firefighter, a voluntary member
of a rescue squad, |
or a member of a voluntary ambulance unit may be
equipped with |
flashing white headlights and blue grill lights, which may
be |
used only in responding to an emergency call or when parked or |
stationary at the scene of a fire, rescue call, ambulance |
call, or motor vehicle crash accident .
|
(c-2) In addition to the blue oscillating, rotating, or |
flashing
lights permitted under subsection (c), and |
notwithstanding subsection (a),
a vehicle operated by a paid |
or unpaid member of a local or county
emergency management |
services agency as defined in the Illinois Emergency
|
Management Agency Act, may be equipped with white oscillating, |
rotating,
or flashing lights to be used in combination with |
blue oscillating, rotating,
or flashing lights, if |
authorization by local authorities is in
writing and carried |
in the vehicle.
|
(d) The use of a combination of amber and white |
|
oscillating, rotating or
flashing lights, whether lighted or |
unlighted, is prohibited except on second division vehicles |
designed and used for towing or hoisting
vehicles or motor
|
vehicles or equipment of the State of Illinois, local |
authorities, contractors,
and union representatives; |
furthermore, such lights shall
not be lighted on second |
division vehicles designed and used for towing or hoisting
|
vehicles or vehicles of the State of Illinois, local |
authorities, and
contractors except while such vehicles are |
engaged in a tow operation, highway maintenance, or
|
construction operations within the limits of highway |
construction projects, and
shall not be lighted on the |
vehicles of union representatives except when those
vehicles |
are within the limits of a construction project.
|
(e) All oscillating, rotating or flashing lights referred |
to in this Section
shall be of sufficient intensity, when |
illuminated, to be visible at 500
feet in normal sunlight.
|
(f) Nothing in this Section shall prohibit a manufacturer |
of oscillating,
rotating or flashing lights or his |
representative or authorized vendor from temporarily mounting
|
such lights on a vehicle for demonstration purposes only. If |
the lights are not covered while the vehicle is operated upon a |
highway, the vehicle shall display signage indicating that the |
vehicle is out of service or not an emergency vehicle. The |
signage shall be displayed on all sides of the vehicle in |
letters at least 2 inches tall and one-half inch wide. A |
|
vehicle authorized to have oscillating,
rotating, or flashing |
lights mounted for demonstration purposes may not activate the |
lights while the vehicle is operated upon a highway.
|
(g) Any person violating the provisions of subsections |
(a), (b), (c) or (d)
of this Section who without lawful |
authority stops or detains or attempts
to stop or detain |
another person shall be guilty of a Class 2 felony.
|
(h) Except as provided in subsection (g) above, any person |
violating the
provisions of subsections (a) or (c) of this |
Section shall be guilty of a
Class A misdemeanor.
|
(Source: P.A. 100-62, eff. 8-11-17; 101-56, eff. 1-1-20 .)
|
(625 ILCS 5/12-604.1) |
Sec. 12-604.1. Video devices. |
(a) A person may not operate a motor vehicle if a |
television receiver, a video monitor, a television or video |
screen, or any other similar means of visually displaying a |
television broadcast or video signal that produces |
entertainment or business applications is operating and is |
located in the motor vehicle at any point forward of the back |
of the driver's seat, or is operating and visible to the driver |
while driving the motor vehicle.
|
(a-5) A person commits aggravated use of a video device |
when he or she violates subsection (a) and in committing the |
violation he or she was involved in a motor vehicle crash |
accident that results in great bodily harm, permanent |
|
disability, disfigurement, or death to another and the |
violation was a proximate cause of the injury or death. |
(b) This Section does not apply to the following |
equipment, whether or not permanently installed in a vehicle:
|
(1) a vehicle information display;
|
(2) a global positioning display;
|
(3) a mapping or navigation display;
|
(4) a visual display used to enhance or supplement the |
driver's view forward, behind, or to the sides of a motor |
vehicle for the purpose of maneuvering the vehicle; |
(5) television-type receiving equipment used |
exclusively for safety or traffic engineering studies; or
|
(6) a television receiver, video monitor, television |
or video screen, or any other similar means of visually |
displaying a television broadcast or video signal, if that |
equipment has an interlock device that, when the motor |
vehicle is driven, disables the equipment for all uses |
except as a visual display as described in paragraphs (1) |
through (5) of this subsection (b).
|
(c) This Section does not apply to a mobile, digital |
terminal installed in an authorized emergency vehicle, a motor |
vehicle providing emergency road service or roadside |
assistance, or to motor vehicles utilized for public |
transportation. |
(d) This Section does not apply to a television receiver, |
video monitor, television or video screen, or any other |
|
similar means of visually displaying a television broadcast or |
video signal if: (i) the equipment is permanently installed in |
the motor vehicle; and (ii) the moving entertainment images |
that the equipment displays are not visible to the driver |
while the motor vehicle is in motion. |
(d-5) This Section does not apply to a video event |
recorder, as defined in Section 1-218.10 of this Code, |
installed in a contract carrier vehicle. |
(e) Except as provided in subsection (f) of this Section, |
a person convicted of violating this Section is guilty of a |
petty offense and shall be fined not more than $100 for a first |
offense, not more than $200 for a second offense within one |
year of a previous conviction, and not more than $250 for a |
third or subsequent offense within one year of 2 previous |
convictions.
|
(f) A person convicted of violating subsection (a-5) |
commits a Class A misdemeanor if the violation resulted in |
great bodily harm, permanent disability, or disfigurement to |
another. A person convicted of violating subsection (a-5) |
commits a Class 4 felony if the violation resulted in the death |
of another person. |
(Source: P.A. 98-507, eff. 1-1-14; 99-689, eff. 1-1-17 .)
|
(625 ILCS 5/12-610.1) |
Sec. 12-610.1. Wireless telephones. |
(a) As used in this Section, "wireless telephone" means
a |
|
device that is capable of transmitting or receiving
telephonic |
communications without a wire connecting the
device to the |
telephone network. |
(b) A person under the age of 19 years who holds an |
instruction permit issued under Section 6-105 or 6-107.1, or a |
person under the age of 19 years who holds a graduated license |
issued under Section 6-107, may not drive a vehicle on a |
roadway while using a wireless phone.
|
(b-5) A person under the age of 19 commits aggravated use |
of a wireless telephone when he or she violates subsection (b) |
and in committing the violation he or she was involved in a |
motor vehicle crash accident that results in great bodily |
harm, permanent disability, disfigurement, or death to another |
and the violation was a proximate cause of the injury or death. |
(c) This Section does not apply to a person under the age |
of 19 years using a
wireless telephone for emergency purposes, |
including, but not
limited to, an emergency call to a law |
enforcement agency,
health care provider, fire department, or |
other emergency
services agency or entity.
|
(d) If a graduated driver's license holder over the age of |
18 committed an offense against traffic regulations governing |
the movement of vehicles or any violation of Section 6-107 or |
Section 12-603.1 of this Code in the 6 months prior to the |
graduated driver's license holder's 18th birthday, and was |
subsequently convicted of the violation, the provisions of |
paragraph (b) shall continue to apply until such time as a |
|
period of 6 consecutive months has elapsed without an |
additional violation and subsequent conviction of an offense |
against traffic regulations governing the movement of vehicles |
or any violation of Section 6-107 or Section 12-603.1 of this |
Code.
|
(e) A person, regardless of age, may not use a wireless
|
telephone at any time while operating a motor vehicle on a |
roadway in a school speed
zone established under Section |
11-605, on a highway in a construction or
maintenance speed |
zone established under Section 11-605.1, or within 500 feet of |
an emergency scene. As used in this Section, "emergency scene" |
means a location where an authorized emergency vehicle as |
defined by Section 1-105 of this Code is
present and has |
activated its oscillating, rotating, or flashing lights.
This |
subsection (e) does not apply to (i) a person engaged in a
|
highway construction or maintenance project for which a
|
construction or maintenance speed zone has been established
|
under Section 11-605.1, (ii) a person using a wireless
|
telephone for emergency purposes, including, but not limited |
to,
law enforcement agency, health care provider, fire |
department, or other emergency services agency or entity, |
(iii) a law enforcement officer or operator of an emergency |
vehicle when performing the officer's or operator's official |
duties, (iv) a person using a wireless telephone in |
voice-operated mode, which may include the use of a headset, |
(v) a person using a wireless telephone by pressing a single |
|
button to initiate or terminate a voice communication, or (vi) |
a person using an electronic communication device for the sole |
purpose of reporting an emergency situation and continued |
communication with emergency personnel during the emergency |
situation. |
(e-5) A person commits aggravated use of a wireless |
telephone when he or she violates subsection (e) and in |
committing the violation he or she was involved in a motor |
vehicle crash accident that results in great bodily harm, |
permanent disability, disfigurement, or death to another and |
the violation was a proximate cause of the injury or death. |
(f) A person convicted of violating subsection (b-5) or |
(e-5) commits a Class A misdemeanor if the violation resulted |
in great bodily harm, permanent disability, or disfigurement |
to another. A person convicted of violating subsection (b-5) |
or (e-5) commits a Class 4 felony if the violation resulted in |
the death of another person. |
(Source: P.A. 97-828, eff. 7-20-12; 97-830, eff. 1-1-13; |
98-463, eff. 8-16-13; 98-507, eff. 1-1-14.)
|
(625 ILCS 5/12-610.2)
|
Sec. 12-610.2. Electronic communication devices. |
(a) As used in this Section: |
"Electronic communication device" means an electronic |
device, including, but not limited to, a hand-held wireless |
telephone, hand-held personal digital assistant, or a portable |
|
or mobile computer, but does not include a global positioning |
system or navigation system or a device that is physically or |
electronically integrated into the motor vehicle. |
(b) A person may not operate a motor vehicle on a roadway |
while using an electronic communication device, including |
using an electronic communication device to watch or stream |
video. |
(b-5) A person commits aggravated use of an electronic |
communication device when he or she violates subsection (b) |
and in committing the violation he or she is involved in a |
motor vehicle crash accident that results in great bodily |
harm, permanent disability, disfigurement, or death to another |
and the violation is a proximate cause of the injury or death. |
(c) A violation of this Section is an offense against |
traffic regulations governing the movement of vehicles. A |
person who violates this Section shall be fined a maximum of |
$75 for a first offense, $100 for a second offense, $125 for a |
third offense, and $150 for a fourth or subsequent offense, |
except that a person who violates subsection (b-5) shall be |
assessed a minimum fine of $1,000. |
(d) This Section does not apply to: |
(1) a law enforcement officer or operator of an |
emergency vehicle while performing his or her official |
duties; |
(1.5) a first responder, including a volunteer first |
responder, while operating his or her own personal motor |
|
vehicle using an electronic communication device for the |
sole purpose of receiving information about an emergency |
situation while en route to performing his or her official |
duties; |
(2) a driver using an electronic communication device |
for the sole purpose of reporting an emergency situation |
and continued communication with emergency personnel |
during the emergency situation; |
(3) a driver using an electronic communication device |
in hands-free or voice-operated mode, which may include |
the use of a headset; |
(4) a driver of a commercial motor vehicle reading a |
message displayed on a permanently installed communication |
device designed for a commercial motor vehicle with a |
screen that does not exceed 10 inches tall by 10 inches |
wide in size; |
(5) a driver using an electronic communication device |
while parked on the shoulder of a roadway; |
(6) a driver using an electronic communication device |
when the vehicle is stopped due to normal traffic being |
obstructed and the driver has the motor vehicle |
transmission in neutral or park;
|
(7) a driver using two-way or citizens band radio |
services; |
(8) a driver using two-way mobile radio transmitters |
or receivers for licensees of the Federal Communications |
|
Commission in the amateur radio service; |
(9) a driver using an electronic communication device |
by pressing a single button to initiate or terminate a |
voice communication; or |
(10) a driver using an electronic communication device |
capable of performing multiple functions, other than a |
hand-held wireless telephone or hand-held personal digital |
assistant (for example, a fleet management system, |
dispatching device, citizens band radio, or music player) |
for a purpose that is not otherwise prohibited by this |
Section. |
(e) A person convicted of violating subsection (b-5) |
commits a Class A misdemeanor if the violation resulted in |
great bodily harm, permanent disability, or disfigurement to |
another. A person convicted of violating subsection (b-5) |
commits a Class 4 felony if the violation resulted in the death |
of another person. |
(Source: P.A. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20; |
101-297, eff. 1-1-20; 102-558, eff. 8-20-21.)
|
(625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
|
Sec. 12-707.01. Liability insurance. |
(a) No school bus, first division vehicle including a taxi |
which is used for a purpose that requires a school bus driver |
permit, commuter van or
motor vehicle owned by or used for hire |
by and in connection with the
operation of private or public |
|
schools, day camps, summer camps or
nursery schools, and no |
commuter van or passenger car used for a for-profit
|
ridesharing arrangement, shall be operated for such purposes |
unless the owner
thereof shall carry a minimum of personal |
injury liability insurance in
the amount of $25,000 for any |
one person in any one crash accident , and
subject to the limit |
for one person, $100,000 for two or more persons
injured by |
reason of the operation of the vehicle in any one crash |
accident . This subsection (a) applies only to personal injury |
liability policies issued or renewed before January 1, 2013.
|
(b) Liability insurance policies issued or renewed on and |
after January 1, 2013 shall comply with the following: |
(1) except as provided in subparagraph (2) of this |
subsection (b), any vehicle that is used for a purpose |
that requires a school bus driver permit under Section |
6-104 of this Code shall carry a minimum of liability |
insurance in
the amount of $2,000,000. This minimum |
insurance requirement may be satisfied by either (i) a |
$2,000,000 combined single limit primary commercial |
automobile policy; or (ii) a $1 million primary commercial |
automobile policy and a minimum $5,000,000 excess or |
umbrella liability policy; |
(2) any vehicle that is used for a purpose that |
requires a school bus driver permit under Section 6-104 of |
this Code and is used in connection with the operation of |
private day care facilities, day camps, summer camps, or |
|
nursery schools shall carry a minimum of liability |
insurance in
the amount of $1,000,000 combined single |
limit per crash accident ; |
(3) any commuter van or passenger car used for a |
for-profit
ridesharing arrangement shall carry a minimum |
of liability insurance in
the amount of $500,000 combined |
single limit per crash accident . |
(c) Primary insurance coverage under the provisions of |
this Section must be provided by a licensed and admitted |
insurance carrier or an intergovernmental cooperative formed |
under Section 10 of Article VII of the Illinois Constitution, |
or Section 6 or 9 of the Intergovernmental Cooperation Act, or |
provided by a certified self-insurer under Section 7-502 of |
this Code. The excess or umbrella liability coverage |
requirement may be met by securing surplus line insurance as |
defined under Section 445 of the Illinois Insurance Code. If |
the excess or umbrella liability coverage requirement is met |
by securing surplus line insurance, that coverage must be |
effected through a licensed surplus line producer acting under |
the surplus line insurance laws and regulations of this State. |
Nothing in this subsection (c) shall be construed as |
prohibiting a licensed and admitted insurance carrier or an |
intergovernmental cooperative formed under Section 10 of |
Article VII of the Illinois Constitution, or Section 6 or 9 of |
the Intergovernmental Cooperation Act, or a certified |
self-insurer under Section 7-502 of this Code, from retaining |
|
the risk required under paragraphs (1) and (2) of subsection |
(b) of this Section or issuing a single primary policy meeting |
the requirements of paragraphs (1) and (2) of subsection (b). |
(d) Each owner of a vehicle required to obtain the minimum |
liability requirements under subsection (b) of this Section |
shall attest that the vehicle meets the minimum insurance |
requirements under this Section. The Secretary of State shall |
create a form for each owner of a vehicle to attest that the |
owner meets the minimum insurance requirements and the owner |
of the vehicle shall submit the form with each registration |
application. The form shall be valid for the full registration |
period; however, if at any time the Secretary has reason to |
believe that the owner does not have the minimum required |
amount of insurance for a vehicle, then the Secretary may |
require a certificate of insurance, or its equivalent, to |
ensure the vehicle is insured. If the owner fails to produce a |
certificate of insurance, or its equivalent, within 2 calendar |
days after the request was made, then the Secretary may revoke |
the vehicle owner's registration until the Secretary is |
assured the vehicle meets the minimum insurance requirements. |
If the owner of a vehicle participates in an intergovernmental |
cooperative or is self-insured, then the owner shall attest |
that the insurance required under this Section is equivalent |
to or greater than the insurance required under paragraph (1) |
of subsection (b) of this Section. The Secretary may adopt any |
rules necessary to enforce the provisions of this subsection |
|
(d). |
(Source: P.A. 99-595, eff. 1-1-17 .)
|
(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
|
Sec. 13-109. Safety test prior to application for
license - |
Subsequent tests - Repairs - Retest. |
(a) Except as otherwise provided in Chapter 13, each |
second division
vehicle, first division vehicle including a |
taxi which is used for a purpose that requires a school bus |
driver permit, and medical transport vehicle, except those |
vehicles other than
school buses or medical transport vehicles |
owned or operated by a municipal
corporation or political |
subdivision having a population of 1,000,000 or
more |
inhabitants which are subjected to safety tests imposed by |
local
ordinance or resolution, operated in whole or in part |
over the highways
of this State, motor vehicle used for driver |
education training, and each vehicle designed to carry 15 or |
fewer passengers
operated by a contract carrier transporting |
employees in the course of
their employment
on a highway of |
this State, shall be subjected to the safety
test provided for |
in Chapter
13 of this Code. Tests shall be conducted at an |
official testing station
within 6 months prior to the |
application for registration as provided
for in this Code. |
Subsequently each vehicle shall be subject to tests (i) at
|
least every 6 months, (ii) in the case of school buses and |
first division vehicles including taxis which are used for a |
|
purpose that requires a school bus driver permit, at least |
every 6
months or 10,000 miles, whichever occurs first, (iii) |
in the case of driver education vehicles used by public high |
schools, at least every 12 months for vehicles over 5 model |
years of age or having an odometer reading of over 75,000 |
miles, whichever occurs first, or (iv) in the case of truck |
tractors, semitrailers, and property-carrying vehicles |
registered for a gross weight of more than 10,000 pounds but |
less than 26,001 pounds, at least every 12 months, and |
according to
schedules established by rules and regulations |
promulgated by the
Department. Any component subject to |
regular inspection which is
damaged in a reportable crash |
accident must be reinspected before the bus or first division |
vehicle including a taxi which is used for a purpose that |
requires a school bus driver permit is
returned to service.
|
(b) The Department shall also conduct periodic |
nonscheduled inspections
of school buses, of buses registered |
as charitable vehicles and of
religious organization buses. If |
such inspection reveals that a vehicle is
not in substantial |
compliance with the rules promulgated by the Department,
the |
Department shall remove the Certificate of Safety from the |
vehicle, and
shall place the vehicle out-of-service. A bright |
orange, triangular decal
shall be placed on an out-of-service |
vehicle where the Certificate of
Safety has been removed. The |
vehicle must pass a safety test at an
official testing station |
before it is again placed in service.
|
|
(c) If the violation is not substantial a bright yellow, |
triangular
sticker shall be placed next to the Certificate of |
Safety at the time the
nonscheduled inspection is made. The |
Department shall reinspect the
vehicle after 3 working days to |
determine that the violation has been
corrected and remove the |
yellow, triangular decal. If the violation is not
corrected |
within 3 working days, the Department shall place the vehicle
|
out-of-service in accordance with procedures in subsection |
(b).
|
(d) If a violation is not substantial and does not |
directly affect the
safe operation of the vehicle, the |
Department shall issue a warning notice
requiring correction |
of the violation. Such correction shall be
accomplished as |
soon as practicable and a report of the correction shall be
|
made to the Department within 30 days in a manner established |
by the
Department. If the Department has not been advised that |
the corrections
have been made, and the violations still |
exist, the Department shall place
the vehicle out-of-service |
in accordance with procedures in subsection
(b).
|
(e) The Department is authorized to promulgate regulations |
to implement its
program of nonscheduled inspections. Causing |
or allowing the operation of
an out-of-service vehicle with |
passengers or unauthorized removal of an
out-of-service |
sticker is a Class 3 felony. Causing or allowing the
operation |
of a vehicle with a 3-day sticker for longer than 3 days with |
the
sticker attached or the unauthorized removal of a 3-day |
|
sticker is a Class C
misdemeanor.
|
(f) If a second division vehicle, first division vehicle |
including a taxi which is used for a purpose that requires a |
school bus driver permit, medical transport vehicle, or
|
vehicle operated by a contract carrier as provided in |
subsection (a) of this
Section is in safe
mechanical |
condition, as determined pursuant to Chapter 13, the operator |
of
the official testing station must at once issue to the |
second division
vehicle, first division vehicle including a |
taxi which is used for a purpose that requires a school bus |
driver permit, or medical transport vehicle a certificate of |
safety, in the form
and manner prescribed by the Department, |
which shall be affixed to the
vehicle by the certified safety |
tester who performed the safety tests. The
owner of the second |
division vehicle, first division vehicle including a taxi |
which is used for a purpose that requires a school bus driver |
permit, or medical transport vehicle or the
contract carrier |
shall at
all times display the Certificate of Safety on the |
second division vehicle, first division vehicle including a |
taxi which is used for a purpose that requires a school bus |
driver permit, medical transport vehicle, or vehicle operated |
by a contract carrier
in the manner prescribed by the |
Department.
|
(g) If a test shows that a second division vehicle, first |
division vehicle including a taxi which is used for a purpose |
that requires a school bus driver permit, medical
transport
|
|
vehicle, or vehicle operated by a contract carrier is not in |
safe
mechanical condition as provided in this Section, it
|
shall not be operated on the highways until it has been |
repaired and
submitted to a retest at an official testing |
station. If the owner or
contract carrier submits
the vehicle |
to a retest at
a
different official testing station from that |
where it failed to pass the
first test, he or she shall present |
to the operator of the second station the
report of the |
original test, and shall notify the Department in writing,
|
giving the name and address of the original testing station |
and the defects
which prevented the issuance of a Certificate |
of Safety, and the name and
address of the second official |
testing station making the retest.
|
(Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19 .)
|
(625 ILCS 5/13-111) (from Ch. 95 1/2, par. 13-111)
|
Sec. 13-111.
Operation without certificate of safety |
attached; Effective date
of certificate.
|
(a) Except as provided for in Chapter 13, no person shall |
operate any
vehicle required to be inspected by this Chapter |
upon the highways of this
State unless there is affixed to that |
vehicle a certificate of safety then in
effect. The Secretary |
of State, State Police, and other police officers shall
|
enforce this Section. The Department shall determine the |
expiration date of the
certificate of safety.
|
The certificates, all forms and records, reports of tests |
|
and retests,
and the full procedure and methods of making the |
tests and retests, shall
be in the form prescribed by the |
Department.
|
(b) Every person convicted of violating this Section is |
guilty
of a petty offense with a minimum fine of $95 and a |
maximum fine of $250; unless the violation is contemporaneous |
with a motor vehicle crash accident , in which case the person |
is guilty of a Class C misdemeanor.
|
(Source: P.A. 98-489, eff. 1-1-14.)
|
(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
|
Sec. 15-301. Permits for excess size and weight.
|
(a) The Department with respect to highways under its |
jurisdiction
and local authorities with respect to highways |
under their jurisdiction
may, in their discretion, upon |
application and good cause being shown
therefor, issue a |
special permit authorizing the applicant to operate or
move a |
vehicle or combination of vehicles of a size or weight of |
vehicle or
load exceeding the maximum specified in this Code |
or otherwise not in
conformity with this Code upon any highway |
under the jurisdiction of the
party granting such permit and |
for the maintenance of which the party is
responsible. |
Applications and permits other than those in written or
|
printed form may only be accepted from and issued to the |
company or
individual making the movement. Except for an |
application to move directly
across a highway, it shall be the |
|
duty of the applicant to establish in the
application that the |
load to be moved by such vehicle or combination cannot |
reasonably be
dismantled or
disassembled, the reasonableness |
of which shall be determined by the Secretary of the |
Department. For the purpose of
over length movements,
more |
than one object may be carried side by side as long as the |
height, width,
and weight laws are not exceeded and the cause |
for the over length is not due
to multiple objects. For the |
purpose of over height movements, more than one
object may be |
carried as long as the cause for the over height is not due to
|
multiple objects and the length, width, and weight laws are |
not exceeded. For
the purpose of an over width movement, more |
than one object may be carried as
long as the cause for the |
over width is not due to multiple objects and length,
height, |
and weight laws are not exceeded. Except for transporting |
fluid milk products, no State or local agency shall
authorize |
the issuance of excess size or weight permits for vehicles and |
loads
that are divisible and that can be carried, when |
divided, within the existing
size or weight maximums specified |
in this Chapter. Any excess size or weight
permit issued in |
violation of the provisions of this Section shall be void at
|
issue and any movement made thereunder shall not be authorized |
under the terms
of the void permit. In any prosecution for a |
violation of this Chapter when
the authorization of an excess |
size or weight permit is at issue, it is the
burden of the |
defendant to establish that the permit was valid because the |
|
load
to be moved could not reasonably be dismantled or |
disassembled, or was
otherwise nondivisible.
|
(a-1) As used in this Section, "extreme heavy duty tow and |
recovery vehicle" means a tow truck manufactured as a unit |
having a lifting capacity of not less than 50 tons, and having |
either 4 axles and an unladen weight of not more than 80,000 |
pounds or 5 axles and an unladen weight not more than 90,000 |
pounds. Notwithstanding otherwise applicable gross and axle |
weight limits, an extreme heavy duty tow and recovery vehicle |
may lawfully travel to and from the scene of a disablement and |
clear a disabled vehicle if the towing service has obtained an |
extreme heavy duty tow and recovery permit for the vehicle. |
The form and content of the permit shall be determined by the |
Department with respect to highways under its jurisdiction and |
by local authorities with respect to highways under their |
jurisdiction. |
(b) The application for any such permit shall: (1) state |
whether
such permit is requested for a single trip or for |
limited continuous
operation; (2) (blank); (3) specifically |
describe and identify the vehicle or
vehicles and load to be |
operated or moved; (4) state the
routing requested, including |
the points of origin and destination, and may
identify and |
include a request for routing to the nearest certified scale
|
in accordance with the Department's rules and regulations, |
provided the
applicant has approval to travel on local roads; |
and (5) (blank).
|
|
(c) The Department or local authority when not |
inconsistent with
traffic safety is authorized to issue or |
withhold such permit at its
discretion; or, if such permit is |
issued at its discretion to prescribe
the route or routes to be |
traveled, to limit the number of trips, to
establish seasonal |
or other time limitations within which the vehicles
described |
may be operated on the highways indicated, or otherwise to
|
limit or prescribe conditions of operations of such vehicle or |
vehicles,
when necessary to assure against undue damage to the |
road foundations,
surfaces or structures, and may require such |
undertaking or other
security as may be deemed necessary to |
compensate for any injury to any
roadway or road structure. |
The Department shall maintain a daily record of
each permit |
issued along with the fee and the stipulated dimensions,
|
weights, conditions, and restrictions authorized and this |
record shall be
presumed correct in any case of questions or |
dispute. The Department shall
install an automatic device for |
recording telephone conversations involving permit |
applications. The Department and
applicant waive all |
objections to the recording of the conversation.
|
(d) The Department shall, upon application in writing from |
any local
authority, issue an annual permit authorizing the |
local authority to
move oversize highway construction, |
transportation, utility, and maintenance
equipment over roads |
under the jurisdiction of the Department. The permit
shall be |
applicable only to equipment and vehicles owned by or |
|
registered
in the name of the local authority, and no fee shall |
be charged for the
issuance of such permits.
|
(e) As an exception to subsection (a) of this Section, the |
Department
and local authorities, with respect to highways |
under their respective
jurisdictions, in their discretion and |
upon application in writing, may
issue a special permit for |
limited continuous operation, authorizing the
applicant to |
move loads of agricultural commodities on a 2-axle single
|
vehicle registered by the Secretary of State with axle loads |
not to exceed
35%, on a 3-axle or 4-axle
vehicle registered by |
the Secretary of State with axle loads
not to exceed 20%, and |
on a 5-axle vehicle registered by the
Secretary of State not to |
exceed 10% above those provided in Section 15-111. The total |
gross weight of the vehicle, however,
may not exceed the |
maximum gross weight of the registration class of the vehicle |
allowed under Section 3-815 or 3-818 of this Code. |
As used in this Section, "agricultural commodities"
means: |
(1) cultivated plants or agricultural produce grown,
|
including, but not limited to, corn, soybeans, wheat, |
oats, grain sorghum, canola, and rice; |
(2) livestock, including, but not limited to, hogs, |
equine, sheep, and poultry; |
(3) ensilage; and |
(4) fruits and vegetables.
|
Permits may be issued for a
period not to exceed 40 days |
and moves may be made of a distance not to
exceed 50 miles from |
|
a field, an on-farm grain storage facility, a warehouse as |
defined in the Grain Code, or a livestock management facility |
as defined in the Livestock Management Facilities Act over any
|
highway except the National System of Interstate and Defense |
Highways. The operator of the vehicle,
however, must abide by |
posted bridge and posted highway weight limits. All implements |
of husbandry operating under this Section between sunset and |
sunrise shall be equipped as prescribed in Section 12-205.1.
|
(e-1) A special permit shall be issued by the Department |
under this Section and shall
be required from September 1 |
through December 31 for a vehicle that exceeds the maximum |
axle weight and gross weight limits under Section 15-111 of |
this Code or exceeds the vehicle's registered gross weight, |
provided that the vehicle's axle weight and gross weight do |
not exceed 10% above the maximum limits under Section 15-111 |
of this Code and does not exceed the vehicle's registered |
gross weight by 10%. All other restrictions that apply to |
permits issued under this Section shall apply during the |
declared time period and no fee shall be charged for the |
issuance of those permits. Permits issued by the Department |
under this subsection (e-1) are only valid on federal and |
State highways under the jurisdiction of the Department, |
except interstate highways. With
respect to highways under the |
jurisdiction of local authorities, the local
authorities may, |
at their discretion, waive special permit requirements and set |
a divisible load weight limit not to exceed 10% above a |
|
vehicle's registered gross weight, provided that the vehicle's |
axle weight and gross weight do not exceed 10% above the |
maximum limits specified in Section 15-111. Permits issued |
under this subsection (e-1) shall apply to all registered |
vehicles
eligible to obtain permits under this Section, |
including vehicles used in private or for-hire movement of |
divisible load agricultural commodities during the declared |
time period.
|
(f) The form and content of the permit shall be determined |
by the
Department with respect to highways under its |
jurisdiction and by local
authorities with respect to highways |
under their jurisdiction. Every permit
shall be in written |
form and carried in the vehicle or combination of
vehicles to |
which it refers and shall be open to inspection by any
police |
officer or authorized agent of any authority granting the |
permit
and no person shall violate any of the terms or |
conditions of such
special permit. Violation of the terms and |
conditions of the permit
shall not be deemed a revocation of |
the permit; however, any vehicle and load
found to be off the |
route prescribed in the permit shall be held to be
operating |
without a permit. Any off-route vehicle and load shall be |
required
to obtain a new permit or permits, as necessary, to |
authorize the movement back
onto the original permit routing. |
No rule or regulation, nor anything herein,
shall be construed |
to authorize any police officer, court, or authorized agent
of |
any authority granting the permit to remove the permit from |
|
the possession
of the permittee unless the permittee is |
charged with a fraudulent permit
violation as provided in |
subsection (i). However, upon arrest for an offense of
|
violation of permit, operating without a permit when the |
vehicle is off route,
or any size or weight offense under this |
Chapter when the permittee plans to
raise the issuance of the |
permit as a defense, the permittee, or his agent,
must produce |
the permit at any court hearing concerning the alleged |
offense.
|
If the permit designates and includes a routing to a |
certified scale, the permittee, while en route to the |
designated scale, shall be deemed in compliance
with the |
weight provisions of the permit provided the axle or gross |
weights
do not exceed any of the permitted limits by more than |
the following amounts:
|
Single axle 2000 pounds
|
Tandem axle 3000 pounds
|
Gross 5000 pounds
|
(g) The Department is authorized to adopt, amend, and make
|
available to interested persons a policy concerning reasonable |
rules,
limitations and conditions or provisions of operation |
upon highways
under its jurisdiction in addition to those |
contained in this Section
for the movement by special permit |
of vehicles, combinations, or loads
which cannot reasonably be |
dismantled or disassembled, including
manufactured and modular |
home sections and portions thereof. All rules,
limitations and |
|
conditions or provisions adopted in the policy shall
have due |
regard for the safety of the traveling public and the |
protection
of the highway system and shall have been |
promulgated in conformity with
the provisions of the Illinois |
Administrative Procedure Act. The
requirements of the policy |
for flagmen and escort vehicles shall be the
same for all moves |
of comparable size and weight. When escort vehicles are
|
required, they shall meet the following requirements:
|
(1) All operators shall be 18 years of age or over and |
properly
licensed to operate the vehicle.
|
(2) Vehicles escorting oversized loads more than 12 |
feet wide must
be equipped with a rotating or flashing |
amber light mounted on top as specified
under Section |
12-215.
|
The Department shall establish reasonable rules and |
regulations
regarding liability insurance or self insurance |
for vehicles with
oversized loads promulgated under the |
Illinois Administrative Procedure
Act. Police vehicles may be |
required for escort under circumstances as
required by rules |
and regulations of the Department.
|
(h) Violation of any rule, limitation or condition or |
provision of
any permit issued in accordance with the |
provisions of this Section
shall not render the entire permit |
null and void but the violator shall
be deemed guilty of |
violation of permit and guilty of exceeding any size,
weight, |
or load limitations in excess of those authorized by the |
|
permit.
The prescribed route or routes on the permit are not |
mere rules, limitations,
conditions, or provisions of the |
permit, but are also the sole extent of the
authorization |
granted by the permit. If a vehicle and load are found to be
|
off the route or routes prescribed by any permit authorizing |
movement,
the vehicle and load are operating without a permit. |
Any off-route movement
shall be subject to the size and weight |
maximums, under the applicable
provisions of this Chapter, as |
determined by the type or class highway upon
which the vehicle |
and load are being operated.
|
(i) Whenever any vehicle is operated or movement made |
under a
fraudulent permit, the permit shall be void, and the |
person, firm, or
corporation to whom such permit was granted, |
the driver of such vehicle
in addition to the person who issued |
such permit and any accessory,
shall be guilty of fraud and |
either one or all persons may be prosecuted
for such |
violation. Any person, firm, or corporation committing such
|
violation shall be guilty of a Class 4 felony and the |
Department shall
not issue permits to the person, firm, or |
corporation convicted of such
violation for a period of one |
year after the date of conviction.
Penalties for violations of |
this Section shall be in addition to any
penalties imposed for |
violation of other Sections of this Code.
|
(j) Whenever any vehicle is operated or movement made in |
violation
of a permit issued in accordance with this Section, |
the person to whom
such permit was granted, or the driver of |
|
such vehicle, is guilty of
such violation and either, but not |
both, persons may be prosecuted for
such violation as stated |
in this subsection (j). Any person, firm, or
corporation |
convicted of such violation shall be guilty of a petty
offense |
and shall be fined, for the first offense, not less than $50 |
nor
more than $200 and, for the second offense by the same |
person, firm, or
corporation within a period of one year, not |
less than $200 nor more
than $300 and, for the third offense by |
the same person, firm, or
corporation within a period of one |
year after the date of the first
offense, not less than $300 |
nor more than $500 and the Department may, in its discretion, |
not issue permits to the person, firm, or corporation |
convicted of a
third offense during a period of one year after |
the date of conviction or supervision
for such third offense. |
If any violation is the cause or contributing cause in a motor |
vehicle crash accident causing damage to property, injury, or |
death to a person, the Department may, in its discretion, not |
issue a permit to the person, firm, or corporation for a period |
of one year after the date of conviction or supervision for the |
offense.
|
(k) Whenever any vehicle is operated on local roads under |
permits
for excess width or length issued by local |
authorities, such vehicle may
be moved upon a State highway |
for a distance not to exceed one-half mile
without a permit for |
the purpose of crossing the State highway.
|
(l) Notwithstanding any other provision of this Section, |
|
the Department,
with respect to highways under its |
jurisdiction, and local authorities, with
respect to highways |
under their jurisdiction, may at their discretion authorize
|
the movement of a vehicle in violation of any size or weight |
requirement, or
both, that would not ordinarily be eligible |
for a permit, when there is a
showing of extreme necessity that |
the vehicle and load should be moved without
unnecessary |
delay.
|
For the purpose of this subsection, showing of extreme |
necessity shall be
limited to the following: shipments of |
livestock, hazardous materials, liquid
concrete being hauled |
in a mobile cement mixer, or hot asphalt.
|
(m) Penalties for violations of this Section shall be in |
addition to any
penalties imposed for violating any other |
Section of this Code.
|
(n) The Department with respect to highways under its |
jurisdiction and
local
authorities with respect to highways |
under their jurisdiction, in their
discretion and upon
|
application in writing, may issue a special permit for |
continuous limited
operation,
authorizing the applicant to |
operate a tow truck that exceeds the weight limits
provided
|
for in subsection (a) of Section 15-111, provided:
|
(1) no rear single axle of the tow truck exceeds |
26,000 pounds;
|
(2) no rear tandem axle of the tow truck exceeds |
50,000 pounds;
|
|
(2.1) no triple rear axle on a manufactured recovery |
unit exceeds 60,000
pounds; |
(3) neither the disabled vehicle nor the disabled |
combination of vehicles
exceed the
weight restrictions |
imposed by this Chapter 15, or the weight limits imposed
|
under a
permit issued by the Department prior to hookup;
|
(4) the tow truck prior to hookup does not exceed the |
weight restrictions
imposed
by this Chapter 15;
|
(5) during the tow operation the tow truck does not |
violate any weight
restriction
sign;
|
(6) the tow truck is equipped with flashing, rotating, |
or oscillating
amber
lights,
visible for at least 500 feet |
in all directions;
|
(7) the tow truck is specifically designed and |
licensed as a tow truck;
|
(8) the tow truck has a gross vehicle weight rating of |
sufficient
capacity to safely
handle the load;
|
(9) the tow truck is equipped with air brakes;
|
(10) the tow truck is capable of utilizing the |
lighting and braking
systems of the
disabled vehicle or |
combination of vehicles;
|
(11) the tow commences at the initial point of wreck |
or disablement and terminates at a point where the repairs |
are actually to occur;
|
(12) the permit issued to the tow truck is carried in |
the tow truck
and
exhibited on demand by a police officer; |
|
and
|
(13) the movement shall be valid only on State routes |
approved by the
Department.
|
(o) (Blank).
|
(p) In determining whether a load may be reasonably |
dismantled or disassembled for the purpose of subsection (a), |
the Department shall consider whether there is a significant |
negative impact on the condition of the pavement and |
structures along the proposed route, whether the load or |
vehicle as proposed causes a safety hazard to the traveling |
public, whether dismantling or disassembling the load promotes |
or stifles economic development, and whether the proposed |
route travels less than 5 miles. A load is not required to be |
dismantled or disassembled for the purposes of subsection (a) |
if the Secretary of the Department determines there will be no |
significant negative impact to pavement or structures along |
the proposed route, the proposed load or vehicle causes no |
safety hazard to the traveling public, dismantling or |
disassembling the load does not promote economic development, |
and the proposed route travels less than 5 miles.
The |
Department may promulgate rules for the purpose of |
establishing the divisibility of a load pursuant to subsection |
(a). Any load determined by the Secretary to be nondivisible |
shall otherwise comply with the existing size or weight |
maximums specified in this Chapter. |
(Source: P.A. 101-81, eff. 7-12-19; 101-547, eff. 1-1-20; |
|
102-124, eff. 7-23-21.)
|
(625 ILCS 5/16-108)
|
Sec. 16-108. Claims of diplomatic immunity.
|
(a) This Section applies only to an individual that |
displays to a police
officer a
driver's license issued by the |
U.S. Department of State or that otherwise
claims
immunities |
or privileges under Title 22, Chapter 6 of the United States |
Code
with
respect to the individual's violation of Section 9-3 |
or Section 9-3.2 of the
Criminal Code
of 2012 or his or her |
violation of a traffic regulation governing the movement
of |
vehicles
under this Code or a similar provision of a local |
ordinance.
|
(b) If a driver subject to this Section is stopped by a |
police officer that
has
probable cause to believe that the |
driver has committed a violation described
in
subsection (a) |
of this Section, the police officer shall:
|
(1) as soon as practicable contact the U.S. Department |
of State office in
order to verify the driver's status and |
immunity, if any;
|
(2) record all relevant information from any driver's |
license or
identification card, including a driver's |
license or identification card issued
by the
U.S. |
Department of State; and
|
(3) within 5 workdays after the date of the stop, |
forward the following to
the Secretary of State of |
|
Illinois:
|
(A) a vehicle crash accident report, if the driver |
was involved in a vehicle
crash accident ;
|
(B) if a citation or charge was issued to the |
driver, a copy of the
citation or charge; and
|
(C) if a citation or charge was not issued to the |
driver, a written
report of the incident.
|
(c) Upon receiving material submitted under paragraph (3) |
of subsection (b)
of
this Section, the Secretary of State |
shall:
|
(1) file each vehicle crash accident report, citation |
or charge, and incident
report
received;
|
(2) keep convenient records or make suitable notations |
showing each:
|
(A) conviction;
|
(B) disposition of court supervision for any |
violation of Section 11-501
of this Code; and
|
(C) vehicle crash accident ; and
|
(3) send a copy of each document and record described |
in paragraph (2) of
this subsection (c) to the Bureau of |
Diplomatic Security, Office of Foreign
Missions, of the |
U.S. Department of State.
|
(d) This Section does not prohibit or limit the |
application of any law to a
criminal
or motor vehicle |
violation by an individual who has or claims immunities or
|
privileges
under Title 22, Chapter 6 of the United States |
|
Code.
|
(Source: P.A. 97-1150, eff. 1-25-13.)
|
(625 ILCS 5/18a-301) (from Ch. 95 1/2, par. 18a-301)
|
Sec. 18a-301. Commercial vehicle relocators - Security |
requirements.
Every commercial vehicle relocator shall file |
with the Commission and have
in effect an indemnity bond or |
insurance policy or certificates of bonds
or insurance in lieu |
thereof which shall indemnify or insure the relocator
for its |
liability: (1) for injury to person, in an amount not less than
|
$100,000 to any one person and $300,000 for any one crash |
accident ; (2) in case
of damage to property other than a |
vehicle being removed, in an amount not
less than $50,000 for |
any one crash accident ; and (3) in case of damage to any
|
vehicle relocated or stored by the relocator, in an amount not |
less than
$15,000 per vehicle. Any such bond or policy shall be |
issued by a bonding
or insurance firm authorized to do |
business as such in
the State of Illinois.
All certificates or |
indemnity bonds or insurance filed with the Commission
must |
show the coverage effective continuously until cancelled, and |
the Commission
may require such evidence of continued validity |
as it deems necessary.
|
(Source: P.A. 85-1396.)
|
(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
|
Sec. 18b-105. Rules and Regulations.
|
|
(a) The Department is authorized to make and adopt |
reasonable rules and
regulations and orders consistent with |
law necessary to carry out the
provisions of this Chapter.
|
(b) The following parts of Title 49 of the Code of Federal |
Regulations,
as now in effect, are hereby adopted by reference |
as though they were set
out in full:
|
Part 40 - Procedures For Transportation Workplace Drug and |
Alcohol Testing Programs; |
Part 380 - Special Training Requirements; |
Part 382 - Controlled Substances and Alcohol Use and |
Testing;
|
Part 383 - Commercial Driver's License Standards, |
Requirements, and
Penalties;
|
Part 385 - Safety Fitness Procedures;
|
Part 386 Appendix B - Penalty Schedule; Violations and |
Maximum Monetary Penalties; |
Part 387 - Minimum Levels of Financial Responsibility for |
Motor Carriers;
|
Part 390 - Federal Motor Carrier Safety Regulations: |
General;
|
Part 391 - Qualifications of Drivers;
|
Part 392 - Driving of Motor Vehicles;
|
Part 393 - Parts and Accessories Necessary for Safe |
Operation;
|
Part 395 - Hours of Service of Drivers, except as provided |
in
Section 18b-106.1;
|
|
Part 396 - Inspection, Repair and Maintenance; and |
Part 397 - Transportation of hazardous materials; Driving |
and Parking Rules.
|
(b-5) Individuals who meet the requirements set forth in |
the definition
of "medical examiner" in Section 390.5 of Part |
390 of Title 49 of the Code
of Federal Regulations may act as |
medical examiners in accordance with
Part 391 of Title 49 of |
the Code of Federal Regulations.
|
(c) The following parts and Sections of the Federal Motor |
Carrier Safety
Regulations shall not apply to those intrastate |
carriers, drivers or
vehicles subject to subsection (b).
|
(1) Section 393.93 of Part 393 for those vehicles |
manufactured before
June 30, 1972.
|
(2) Section 393.86 of Part 393 for those vehicles |
registered
as farm trucks under subsection (c) of Section |
3-815 of this Code.
|
(3) (Blank).
|
(4) (Blank).
|
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
|
(6) All of Part 395 for all agricultural operations as |
defined in Section 18b-101 of this Chapter at any time of |
the year
and all farm to market agricultural |
transportation as defined in
Chapter 1
and for grain |
hauling operations within a radius of 200 air miles of the
|
normal work reporting location.
|
(7) Paragraphs (b)(3) (insulin dependent diabetic) and |
|
(b)(10) (minimum
visual acuity) of Section 391.41 of part |
391, but only for any driver who
immediately prior to July |
29, 1986 was eligible and licensed to operate a
motor |
vehicle subject to this Section and was engaged in |
operating such
vehicles, and who was disqualified on July |
29, 1986 by the adoption of Part
391 by reason of the |
application of paragraphs (b)(3) and (b)(10) of Section
|
391.41 with respect to a physical condition existing at |
that time unless such
driver has a record of crashes |
accidents which would indicate a lack of ability to
|
operate a motor vehicle in a safe manner.
|
(d) Intrastate carriers subject to the recording |
provisions of Section
395.8 of Part 395 of the Federal Motor |
Carrier Safety Regulations shall be
exempt as established |
under paragraph (1) of Section 395.8; provided,
however, for |
the purpose of this Code, drivers shall operate within a 150
|
air-mile radius of the normal work reporting location to |
qualify for exempt
status.
|
(e) Regulations adopted by the Department subsequent to |
those adopted
under subsection (b) hereof shall be identical |
in substance to the Federal
Motor Carrier Safety Regulations |
of the United States Department of
Transportation and adopted |
in accordance with the procedures for rulemaking
in Section |
5-35 of the Illinois Administrative Procedure Act.
|
(Source: P.A. eff. 1-1-02; eff. 1-1-02; 94-519, eff. 8-10-05; |
94-739, eff. 5-5-06.)
|
|
(625 ILCS 5/18b-108) (from Ch. 95 1/2, par. 18b-108)
|
Sec. 18b-108. Violations; criminal penalties.
|
(a) The provisions of Chapter 16 shall be applicable to |
acts committed
by a driver of a motor vehicle that violate this |
Chapter or any rule or
regulation issued under this Chapter.
|
(b) Except as provided in subsection (d), any driver who |
willfully violates any provision of this Chapter or
any rule |
or regulation issued under this Chapter is guilty of a Class 4
|
felony. In addition to any other penalties prescribed by law, |
the maximum
fine for each offense is $10,000.
Such violation |
shall be prosecuted by the State's Attorney or the Attorney
|
General.
|
(c) Except as provided in subsection (d), any person, |
other than a driver, who willfully
violates or causes another |
to violate any provision of this Chapter or any
rule or |
regulation issued
under this Chapter is guilty of a Class 3 |
felony. In addition to any other
penalties prescribed by law, |
the maximum fine for each offense is $25,000.
Such violation |
shall be prosecuted
at the request of the Department
by the |
State's Attorney or the Attorney General. |
(d) Any driver who willfully violates Parts 392, 395, |
Sections 391.11, 391.15, 391.41, or 391.45 of Part 391, or any |
other Part of Title 49 of the Code of Federal Regulations, as |
adopted by reference in Section 18b-105 of this Code, which |
would place the driver or vehicle out of service, when the |
|
violation results in a motor vehicle crash accident that |
causes great bodily harm, permanent disability or |
disfigurement, or death to another person, is guilty of a |
Class 3 felony. Any person other than the driver who willfully |
violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or |
391.45 of Part 391 or any other Part of Title 49 of the Code of |
Federal Regulations, as adopted by reference in Section |
18b-105 of this Code, which would place the driver or vehicle |
out of service, when the violation results in a motor vehicle |
crash accident that causes great bodily harm, permanent |
disability or disfigurement, or death to another person, is |
guilty of a Class 2 felony.
|
(Source: P.A. 99-291, eff. 1-1-16 .)
|
(625 ILCS 5/18c-6502) (from Ch. 95 1/2, par. 18c-6502)
|
Sec. 18c-6502. Report and Investigation of Crashes |
Accidents . (1) Reports.
Every motor carrier of passengers |
shall report to the
Commission, by the speediest means |
possible, whether telephone,
telegraph, or otherwise, every |
crash accident involving its
equipment which resulted in loss |
of life to any person. In
addition to reports required to be |
filed with the Department of
Transportation, under Article IV |
of Chapter 11 and Chapter 7 of this
Code, such carrier shall |
file a written report with the
Commission, in accordance with |
regulations adopted hereunder,
of any crash accident which |
results in injury or loss of life to
any employee, or damage to |
|
the person or property of any
member of the public. The |
Commission and the Department of
Transportation may adopt, by
|
reference, such state or federal reporting requirements as
|
will effectuate the purposes of this Section and promote
|
uniformity in bus crash accident reporting.
|
(2) Investigations.
The Commission and the Department of |
Transportation may investigate any
bus crash accident reported |
to
it or of which it acquires knowledge independent of reports
|
made by motor carriers of passengers, and shall have the
power |
to enter such orders and adopt such regulations as will
|
minimize the risk of future crashes accidents .
|
(Source: P.A. 84-1246.)
|
(625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
|
Sec. 18c-7402. Safety requirements for railroad |
operations.
|
(1) Obstruction of crossings.
|
(a) Obstruction of emergency vehicles.
Every railroad |
shall be operated in such a manner as to
minimize |
obstruction of emergency vehicles at crossings.
Where such |
obstruction occurs and the train crew is
aware of the |
obstruction, the train crew shall
immediately take any |
action, consistent with safe
operating procedure, |
necessary to remove the
obstruction. In the Chicago and |
St. Louis switching
districts, every railroad dispatcher |
or other person
responsible for the movement of railroad |
|
equipment in a
specific area who receives notification |
that railroad
equipment is obstructing the movement of an |
emergency
vehicle at any crossing within such area shall
|
immediately notify the train crew through use of
existing |
communication facilities. Upon notification,
the train |
crew shall take immediate action in accordance
with this |
paragraph.
|
(b) Obstruction of highway at grade crossing |
prohibited.
It is unlawful for a rail carrier to permit |
any train,
railroad car or engine to obstruct public |
travel at a
railroad-highway grade crossing for a period |
in excess
of 10 minutes, except where such train or |
railroad car
is continuously moving or cannot be moved by |
reason of
circumstances over which the rail carrier has no
|
reasonable control.
|
In a county with a population of greater than |
1,000,000, as determined by
the most recent federal |
census, during the
hours of 7:00 a.m. through 9:00 a.m. |
and 4:00 p.m. through 6:00 p.m. it is
unlawful for a rail |
carrier to permit any single train or railroad car to
|
obstruct
public travel at a railroad-highway grade |
crossing in excess of a total of 10
minutes during a 30 |
minute period, except where the train or railroad
car
|
cannot be moved by reason or circumstances over which the |
rail carrier has no
reasonable control. Under no |
circumstances will a moving train be stopped for
the |
|
purposes of
issuing a citation related to this Section.
|
However, no employee acting under the rules or orders |
of the rail carrier or
its supervisory personnel may be |
prosecuted for a violation of this
subsection (b).
|
(c) Punishment for obstruction of grade crossing.
Any |
rail carrier violating paragraph (b) of this
subsection |
shall be guilty of a petty offense and fined
not less than |
$200 nor more than $500 if the duration of
the obstruction |
is in excess of 10 minutes but no longer
than 15 minutes. |
If the duration of the obstruction
exceeds 15 minutes the |
violation shall be a business
offense and the following |
fines shall be imposed: if
the duration of the obstruction |
is in excess of 15
minutes but no longer than 20 minutes, |
the fine shall be
$500; if the duration of the obstruction |
is in excess of
20 minutes but no longer than 25 minutes, |
the fine shall
be $700; if the duration of the obstruction |
is in excess
of 25 minutes, but no longer than 30 minutes, |
the fine
shall be $900; if the duration of the obstruction |
is in
excess of 30 minutes but no longer than 35 minutes, |
the
fine shall be $1,000; if the duration of the |
obstruction
is in excess of 35 minutes, the fine shall be |
$1,000
plus an additional $500 for each 5 minutes of
|
obstruction in excess of 25 minutes of obstruction.
|
(2) Other operational requirements.
|
(a) Bell and whistle-crossings.
Every rail carrier |
shall cause a bell, and a whistle or
horn to be placed and |
|
kept on each locomotive, and shall
cause the same to be |
rung or sounded by the engineer or
fireman, at the |
distance of at least 1,320 feet, from the
place where the |
railroad crosses or intersects any
public highway, and |
shall be kept ringing or sounding
until the highway is |
reached; provided that at crossings
where the Commission |
shall by order direct, only after a hearing has been
held |
to determine the public is reasonably and sufficiently |
protected, the rail
carrier may be excused from giving |
warning provided by
this paragraph.
|
(a-5) The requirements of paragraph (a) of this
|
subsection (2) regarding ringing a bell and sounding a
|
whistle or horn do not apply at a railroad crossing that
|
has a permanently installed automated audible warning
|
device authorized by the Commission under Section
|
18c-7402.1 that sounds automatically when an approaching
|
train is at least 1,320 feet from the crossing and that
|
keeps sounding until the lead locomotive has crossed the
|
highway. The engineer or fireman may ring the bell or
|
sound the whistle or horn at a railroad crossing that has a
|
permanently installed audible warning device.
|
(b) Speed limits.
Each rail carrier shall operate its |
trains in compliance
with speed limits set by the |
Commission. The Commission
may set train speed limits only |
where such limits are
necessitated by extraordinary |
circumstances affecting
the public safety, and shall |
|
maintain such train speed
limits in effect only for such |
time as the extraordinary
circumstances prevail.
|
The Commission and the Department of Transportation |
shall conduct a study
of the relation between train speeds |
and railroad-highway grade crossing
safety. The Commission |
shall report the findings of the study to the General
|
Assembly no later than January 5, 1997.
|
(c) Special speed limit; pilot project. The Commission |
and the
Board of the Commuter Rail Division of the |
Regional Transportation Authority
shall conduct a pilot |
project in the Village of
Fox River Grove, the site of the
|
fatal school bus crash accident at a railroad crossing
on |
October 25, 1995, in order to improve railroad crossing |
safety. For this
project, the Commission is directed to |
set the maximum train speed limit for
Regional |
Transportation Authority trains at 50 miles per hour at |
intersections
on
that portion of
the intrastate rail line |
located in the Village of Fox River Grove.
If the Regional |
Transportation Authority deliberately fails to comply with |
this
maximum speed
limit, then any entity, governmental or |
otherwise, that provides capital or
operational funds to |
the Regional Transportation
Authority shall appropriately |
reduce or eliminate that funding.
The Commission shall |
report
to the Governor and the General Assembly on the |
results of this pilot
project in January
1999, January |
2000, and January 2001. The Commission shall also submit a |
|
final
report on the pilot project to the Governor and the |
General Assembly in January
2001. The provisions of this
|
subsection (c), other than this sentence, are inoperative |
after February 1,
2001.
|
(d) Freight train crew size. No rail carrier shall |
operate or cause to operate a train or light engine used in |
connection with the movement of freight unless it has an |
operating crew consisting of at least 2 individuals. The |
minimum freight train crew size indicated in this |
subsection (d) shall remain in effect until a federal law |
or rule encompassing the subject matter has been adopted. |
The Commission, with respect to freight train crew member |
size under this subsection (d), has the power to conduct |
evidentiary hearings, make findings, and issue and enforce |
orders, including sanctions under Section 18c-1704 of this |
Chapter. As used in this subsection (d), "train or light |
engine" does not include trains operated by a hostler |
service or utility employees. |
(3) Report and investigation of rail accidents.
|
(a) Reports.
Every rail carrier shall report to the |
Commission, by
the speediest means possible, whether |
telephone,
telegraph, or otherwise, every accident |
involving its
equipment, track, or other property which |
resulted in
loss of life to any person. In addition, such |
carriers
shall file a written report with the Commission.
|
Reports submitted under this paragraph shall be strictly
|
|
confidential, shall be specifically prohibited from
|
disclosure, and shall not be admissible in any
|
administrative or judicial proceeding relating to the
|
accidents reported.
|
(b) Investigations.
The Commission may investigate all |
railroad accidents
reported to it or of which it acquires |
knowledge
independent of reports made by rail carriers, |
and shall
have the power, consistent with standards and
|
procedures established under the Federal Railroad Safety |
Act, as amended, to
enter such
temporary orders as will |
minimize the risk of future accidents pending notice,
|
hearing, and final action by the Commission.
|
(Source: P.A. 100-201, eff. 8-18-17; 101-294, eff. 1-1-20 .)
|
(625 ILCS 5/20-202) (from Ch. 95 1/2, par. 20-202)
|
Sec. 20-202. Act not retroactive. This Act shall not have |
a retroactive effect and shall not apply to
any traffic crash |
accident , to a cause of action arising out of a traffic
crash |
accident or judgment arising therefrom, or to any violation of |
the laws
of this State, occurring prior to the effective date |
of this Act.
|
(Source: P.A. 76-1586.)
|
(625 ILCS 5/20-205 new) |
Sec. 20-205. Use of current documents. A State agency may |
exhaust any copies of a form or document using "accident", in |
|
relation to automobile accidents, motor vehicle accidents, and |
traffic accidents before printing copies of a new version of |
the form or document that uses "crash" pursuant to the changes |
made by this amendatory Act of the 102nd General Assembly.
|
Section 110. The Child Passenger Protection Act is amended |
by changing Section 2 as follows:
|
(625 ILCS 25/2) (from Ch. 95 1/2, par. 1102)
|
Sec. 2. Legislative Finding - Purpose. The General |
Assembly finds that
a substantial number of passengers under |
the age of 8 years riding in
motor
vehicles, which are most |
frequently operated by a parent, annually die or
sustain |
serious physical injury as a direct result of not being placed |
in
an appropriate child passenger restraint system.
Motor |
vehicle crashes are the leading cause of death for children
of |
every age from 4 to 14 years old.
The General Assembly further |
finds that
the safety of the motoring public is seriously |
threatened as indicated by
the significant number of traffic |
crashes accidents annually caused, directly or
indirectly, by |
driver distraction or other impairment of driving ability
|
induced by the movement or actions of unrestrained passengers |
under the age of
8 years.
|
It is the purpose of this Act to further protect the |
health, safety and
welfare of motor vehicle passengers under |
the age of 8 years and the
motoring
public through the proper |
|
utilization of approved child restraint systems.
|
(Source: P.A. 93-100, eff. 1-1-04.)
|
Section 115. The Renter's Financial Responsibility and |
Protection Act is amended by changing Section 5 as follows:
|
(625 ILCS 27/5)
|
Sec. 5. Legislative findings. The General Assembly finds |
and declares
the
following:
|
(a) Amendments enacted in 1988 which limit negligent |
drivers' liability
for damage to vehicles rented from motor |
vehicle rental companies to $200 have
had the unintended, |
anti-consumer effect of unfairly transferring most of the
|
costs of liability for renters' negligence to car rental |
companies.
|
(b) This transfer of liability from negligent renters has |
forced
Illinois rental companies and dealers to experience |
significant financial
losses in the form of actual costs to |
repair, service, and replace vehicles and
loss of economic |
opportunity by being deprived of the rental use of damaged or
|
destroyed rental cars; as a result, many Illinois vehicle |
rental companies in
Illinois have been forced to close because |
of the current amendments, and high
risk to capital threatens |
to close existing companies; economic losses
have also |
resulted in Illinois renters paying daily and weekly vehicle |
rental
rates almost two-fold higher than renters in other |
|
states, including those
states surrounding Illinois.
|
(c) As the vast majority of renters in Illinois are |
non-Illinois
residents, the increased damage costs of rental |
car companies and dealers are
absorbed and paid by all |
Illinois consumers and business.
|
(d) The current law also threatens the public safety of |
all Illinois
citizens as it has contributed to an almost |
three-fold increase in driver crash
accident and fatality |
rates in Illinois.
|
(Source: P.A. 90-113, eff. 7-14-97.)
|
Section 120. The Transportation Network Providers Act is |
amended by changing Section 10 as follows:
|
(625 ILCS 57/10) |
(Section scheduled to be repealed on January 1, 2023)
|
Sec. 10. Insurance. |
(a) Transportation network companies and participating TNC |
drivers shall comply with the automobile liability insurance |
requirements of this Section as required. |
(b) The following automobile liability insurance |
requirements shall apply from the moment a participating TNC |
driver logs on to the transportation network company's digital |
network or software application until the TNC driver accepts a |
request to transport a passenger, and from the moment the TNC |
driver completes the transaction on the digital network or |
|
software application or the ride is complete, whichever is |
later, until the TNC driver either accepts another ride |
request on the digital network or software application or logs |
off the digital network or software application: |
(1) Automobile liability insurance shall be in the |
amount of at least $50,000 for death and personal injury |
per person, $100,000 for death and personal injury per |
incident, and $25,000 for property damage. |
(2) Contingent automobile liability insurance in the |
amounts required in paragraph (1) of this subsection (b) |
shall be maintained by a transportation network company |
and provide coverage in the event a participating TNC |
driver's own automobile liability policy excludes coverage |
according to its policy terms or does not provide at least |
the limits of coverage required in paragraph (1) of this |
subsection (b). |
(c) The following automobile liability insurance |
requirements shall apply from the moment a TNC driver accepts |
a ride request on the transportation network company's digital |
network or software application until the TNC driver completes |
the transaction on the digital network or software application |
or until the ride is complete, whichever is later:
|
(1) Automobile liability insurance shall be primary |
and in the amount of $1,000,000 for death, personal |
injury, and property damage. The requirements for the |
coverage required by this paragraph (1) may be satisfied |
|
by any of the following:
|
(A) automobile liability insurance maintained by a |
participating TNC driver;
|
(B) automobile liability company insurance |
maintained by a transportation network company; or
|
(C) any combination of subparagraphs (A) and (B).
|
(2) Insurance coverage provided under this subsection |
(c) shall also provide for uninsured motorist coverage and |
underinsured motorist coverage in the amount of $50,000 |
from the moment a passenger enters the vehicle of a |
participating TNC driver until the passenger exits the |
vehicle.
|
(3) The insurer, in the case of insurance coverage |
provided under this subsection (c), shall have the duty to |
defend and indemnify the insured.
|
(4) Coverage under an automobile liability insurance |
policy required under this subsection (c) shall not be |
dependent on a personal automobile insurance policy first |
denying a claim nor shall a personal automobile insurance |
policy be required to first deny a claim. |
(d) In every instance when automobile liability insurance |
maintained by a participating TNC driver to fulfill the |
insurance obligations of this Section has lapsed or ceased to |
exist, the transportation network company shall provide the |
coverage required by this Section beginning with the first |
dollar of a claim. |
|
(e) This Section shall not limit the liability of a |
transportation network company arising out of an automobile |
crash accident involving a participating TNC driver in any |
action for damages against a transportation network company |
for an amount above the required insurance coverage. |
(f) The transportation network company shall disclose in |
writing to TNC drivers, as part of its agreement with those TNC |
drivers, the following:
|
(1) the insurance coverage and limits of liability |
that the transportation network company provides while the |
TNC driver uses a vehicle in connection with a |
transportation network company's digital network or |
software application; and
|
(2) that the TNC driver's own insurance policy may not |
provide coverage while the TNC driver uses a vehicle in |
connection with a transportation network company digital |
network depending on its terms. |
(g) An insurance policy required by this Section may be |
placed with an admitted Illinois insurer, or with an |
authorized surplus line insurer under Section 445 of the |
Illinois Insurance Code; and is not subject to any restriction |
or limitation on the issuance of a policy contained in Section |
445a of the Illinois Insurance Code. |
(h) Any insurance policy required by this Section shall |
satisfy the financial responsibility requirement for a motor |
vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle |
|
Code.
|
(i) If a transportation network company's insurer makes a |
payment for a claim covered under comprehensive coverage or |
collision coverage, the transportation network company shall |
cause its insurer to issue the payment directly to the |
business repairing the vehicle, or jointly to the owner of the |
vehicle and the primary lienholder on the covered vehicle. |
(Source: Reenacted by P.A. 101-660, eff. 4-2-21 .)
|
Section 125. The Criminal Code of 2012 is amended by |
changing Sections 3-5, 12C-60, and 36-1 as follows:
|
(720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
|
Sec. 3-5. General limitations. |
(a) A prosecution for: (1) first degree murder, attempt to |
commit first
degree
murder, second degree murder,
involuntary |
manslaughter, reckless homicide, a violation of subparagraph |
(F) of paragraph (1) of subsection (d) of Section 11-501 of the |
Illinois Vehicle Code for the offense of aggravated driving |
under the influence of alcohol, other drug or drugs, or |
intoxicating compound or compounds, or any combination thereof |
when the violation was a proximate cause of a death, leaving |
the scene of a motor vehicle crash accident involving death or |
personal injuries under Section 11-401 of the Illinois Vehicle |
Code, failing to give information and render aid under Section |
11-403 of the Illinois Vehicle Code, concealment of homicidal
|
|
death, treason, arson, residential arson, aggravated arson, |
forgery, child pornography under paragraph (1) of subsection |
(a) of Section 11-20.1, or aggravated child pornography under |
paragraph (1) of subsection (a) of Section 11-20.1B, or (2) |
any offense
involving sexual conduct or sexual penetration, as |
defined by
Section 11-0.1 of this Code may be commenced at any
|
time.
|
(a-5) A prosecution for theft of property exceeding |
$100,000 in value under Section 16-1, identity theft under |
subsection (a) of Section 16-30, aggravated identity theft |
under subsection (b) of Section 16-30, financial exploitation |
of an elderly person or a person with a disability under |
Section 17-56; theft by deception of a victim 60 years of age |
or older or a person with a disability under Section 16-1; or |
any offense set forth in Article 16H or Section 17-10.6 may be |
commenced within 7 years of the last act committed in |
furtherance of the crime. |
(b) Unless the statute describing the offense provides |
otherwise, or the
period of limitation is extended by Section |
3-6, a prosecution for any
offense not designated in |
subsection (a) or (a-5) must be commenced within 3 years
after |
the commission of the offense if it is a felony, or within one |
year
and 6 months after its commission if it is a misdemeanor.
|
(Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22 .)
|
(720 ILCS 5/12C-60) |
|
Sec. 12C-60. Curfew. |
(a) Curfew offenses. |
(1) A minor commits a curfew offense when he or she |
remains in any public place or on the premises of any |
establishment during curfew hours. |
(2) A parent or guardian of a minor or other person in |
custody or control of a minor commits a curfew offense |
when he or she knowingly permits the minor to remain in any |
public place or on the premises of any establishment |
during curfew hours. |
(b) Curfew defenses. It is a defense to prosecution under |
subsection (a) that the minor was: |
(1) accompanied by the minor's parent or guardian or |
other person in custody or control of the minor; |
(2) on an errand at the direction of the minor's |
parent or guardian, without any detour or stop; |
(3) in a motor vehicle involved in interstate travel; |
(4) engaged in an employment activity or going to or |
returning home from an employment activity, without any |
detour or stop; |
(5) involved in an emergency; |
(6) on the sidewalk abutting the minor's residence or |
abutting the residence of a next-door neighbor if the |
neighbor did not complain to the police department about |
the minor's presence; |
(7) attending an official school, religious, or other |
|
recreational activity supervised by adults and sponsored |
by a government or governmental agency, a civic |
organization, or another similar entity that takes |
responsibility for the minor, or going to or returning |
home from, without any detour or stop, an official school, |
religious, or other recreational activity supervised by |
adults and sponsored by a government or governmental |
agency, a civic organization, or another similar entity |
that takes responsibility for the minor; |
(8) exercising First Amendment rights protected by the |
United States Constitution, such as the free exercise of |
religion, freedom of speech, and the right of assembly; or |
(9) married or had been married or is an emancipated |
minor under the Emancipation of Minors Act. |
(c) Enforcement. Before taking any enforcement action |
under this Section, a law enforcement officer shall ask the |
apparent offender's age and reason for being in the public |
place. The officer shall not issue a citation or make an arrest |
under this Section unless the officer reasonably believes that |
an offense has occurred and that, based on any response and |
other circumstances, no defense in subsection (b) is present.
|
(d) Definitions. In this Section: |
(1) "Curfew hours" means: |
(A) Between 12:01 a.m. and 6:00 a.m. on Saturday; |
(B) Between 12:01 a.m. and 6:00 a.m. on Sunday; |
and |
|
(C) Between 11:00 p.m. on Sunday to Thursday, |
inclusive, and 6:00 a.m. on the following day. |
(2) "Emergency" means an unforeseen combination of |
circumstances or the resulting state that calls for |
immediate action. The term includes, but is not limited |
to, a fire, a natural disaster, an automobile crash |
accident , or any situation requiring immediate action to |
prevent serious bodily injury or loss of life. |
(3) "Establishment" means any privately-owned place of
|
business operated for a profit to which the public is
|
invited, including, but not limited to, any place of |
amusement
or entertainment.
|
(4) "Guardian" means: |
(A) a person who, under court order, is the |
guardian of the person of a minor; or |
(B) a public or private agency with whom a minor |
has been placed by a court. |
(5) "Minor" means any person under 17 years of age. |
(6) "Parent" means a person who is: |
(A) a natural parent, adoptive parent, or |
step-parent of another person; or |
(B) at least 18 years of age and authorized by a |
parent or guardian to have the care and custody of a |
minor. |
(7) "Public place" means any place to which the public |
or a substantial group of the public has access and |
|
includes, but is not limited to, streets, highways, and |
the common areas of schools, hospitals, apartment houses, |
office buildings, transport facilities, and shops. |
(8) "Remain" means to: |
(A) linger or stay; or |
(B) fail to leave premises when requested to do so |
by a police officer or the owner, operator, or other |
person in control of the premises. |
(9) "Serious bodily injury" means bodily injury that |
creates a substantial risk of death or that causes death, |
serious permanent disfigurement, or protracted loss or |
impairment of the function of any bodily member or organ. |
(e) Sentence. A violation of this Section
is a petty |
offense with a fine of not less than
$10 nor
more than $500, |
except that neither a person who has been made a ward of the
|
court under the Juvenile Court Act of 1987, nor that person's |
legal guardian,
shall be subject to any fine. In addition to or |
instead of the
fine imposed
by this Section, the court may |
order a parent, legal guardian, or other person
convicted of a |
violation of subsection (a) of this
Section to perform |
community service as determined by the court, except that
the |
legal guardian of a person who has been made a ward of the |
court under the
Juvenile Court Act of 1987 may not be ordered |
to perform community service.
The dates and
times established |
for the performance of community service by the parent, legal
|
guardian, or other person convicted of a violation of |
|
subsection (a) of this
Section shall not conflict with the |
dates and times that the person is
employed in his or her |
regular occupation. |
(f) County, municipal and other local boards and bodies |
authorized to
adopt local police laws and regulations under |
the constitution and laws of
this State may exercise |
legislative or regulatory authority over this
subject matter |
by ordinance or resolution incorporating the substance of
this |
Section or increasing the requirements thereof or otherwise |
not in
conflict with this Section.
|
(Source: P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
|
Sec. 36-1. Property subject to forfeiture. |
(a) Any vessel or watercraft, vehicle, or aircraft is |
subject to forfeiture under this Article if the vessel or |
watercraft, vehicle, or aircraft is used with the knowledge
|
and consent of the owner in the commission of or in the attempt |
to commit as
defined in Section 8-4 of this Code: |
(1) an offense prohibited by Section 9-1 (first degree |
murder), Section
9-3 (involuntary manslaughter and |
reckless homicide), Section
10-2 (aggravated kidnaping), |
Section 11-1.20 (criminal sexual assault), Section 11-1.30 |
(aggravated criminal sexual assault), Section 11-1.40 |
(predatory criminal sexual assault of a child), subsection |
(a) of Section 11-1.50 (criminal sexual abuse), subsection |
|
(a), (c), or (d) of Section 11-1.60 (aggravated criminal |
sexual abuse), Section 11-6 (indecent solicitation of a |
child), Section 11-14.4 (promoting juvenile prostitution |
except for keeping a place of juvenile prostitution), |
Section 11-20.1 (child pornography), paragraph (a)(1), |
(a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), |
(e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 |
(aggravated battery), Section
12-7.3 (stalking), Section |
12-7.4 (aggravated stalking), Section
16-1 (theft if the |
theft is of precious metal or of scrap metal), subdivision |
(f)(2) or (f)(3) of Section 16-25 (retail theft), Section |
18-2 (armed robbery), Section 19-1 (burglary), Section |
19-2 (possession of burglary tools), Section 19-3 |
(residential burglary), Section 20-1 (arson; residential |
arson; place of worship arson), Section 20-2 (possession |
of explosives or explosive or incendiary devices), |
subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use |
of weapons), Section
24-1.2 (aggravated discharge of a |
firearm), Section
24-1.2-5 (aggravated discharge of a |
machine gun or a firearm equipped with a device designed |
or used for silencing the report of a firearm), Section
|
24-1.5 (reckless discharge of a firearm), Section 28-1 |
(gambling), or Section 29D-15.2 (possession of a deadly |
substance) of this Code; |
(2) an offense prohibited by Section 21, 22, 23, 24 or |
26 of the Cigarette Tax
Act if the vessel or watercraft, |
|
vehicle, or aircraft contains more than 10 cartons of
such |
cigarettes; |
(3) an offense prohibited by Section 28, 29, or 30 of |
the Cigarette Use Tax Act if
the vessel or watercraft, |
vehicle, or aircraft contains more than 10 cartons of such
|
cigarettes; |
(4) an offense prohibited by Section 44 of the |
Environmental Protection Act; |
(5) an offense prohibited by
Section 11-204.1
of the |
Illinois Vehicle Code (aggravated fleeing or attempting to |
elude a peace officer); |
(6) an offense prohibited by Section 11-501 of the |
Illinois Vehicle Code (driving while under the influence |
of alcohol or other drug or drugs, intoxicating compound |
or compounds or any combination thereof) or a similar |
provision of a local ordinance, and: |
(A) during a period in which his
or her driving |
privileges are revoked or suspended if
the revocation |
or suspension was for: |
(i) Section 11-501 (driving under the |
influence of alcohol or other drug or drugs, |
intoxicating compound or compounds or any
|
combination thereof), |
(ii) Section 11-501.1 (statutory summary |
suspension or revocation), |
(iii) paragraph (b) of Section
11-401 (motor |
|
vehicle crashes accidents involving death or |
personal injuries), or |
(iv) reckless homicide as defined in Section |
9-3
of this Code; |
(B) has been previously convicted of reckless |
homicide or a similar provision of a law of another |
state relating to reckless homicide in which the |
person was determined to have been under the influence |
of alcohol, other drug or drugs, or intoxicating |
compound or compounds as an element of the offense or |
the person has previously been convicted of committing |
a violation of
driving under the influence of alcohol |
or other drug or drugs, intoxicating compound or |
compounds or any
combination thereof and was involved |
in a motor vehicle crash accident that resulted in |
death, great bodily harm, or permanent disability or |
disfigurement to another, when the violation was a |
proximate cause of the death or injuries; |
(C) the person committed a violation of driving |
under the influence of alcohol or other drug or drugs, |
intoxicating compound or compounds or any
combination |
thereof under Section 11-501 of the Illinois Vehicle |
Code or a similar provision for the third or |
subsequent
time; |
(D) he
or she did not possess a valid driver's |
license or permit or a valid restricted driving permit |
|
or a valid judicial driving permit or a valid |
monitoring device driving permit; or |
(E) he or she knew or should have known that the |
vehicle he or she was driving was not covered by a |
liability insurance policy; |
(7) an offense described in subsection (g) of Section |
6-303 of the
Illinois Vehicle Code; |
(8) an offense described in subsection (e) of
Section |
6-101 of the Illinois Vehicle Code; or |
(9)(A) operating a watercraft under the influence of |
alcohol, other drug or drugs, intoxicating compound or |
compounds, or combination thereof under Section 5-16 of |
the Boat Registration and Safety Act during a period in |
which his or her privileges to operate a watercraft are |
revoked or suspended and the revocation or suspension was |
for operating a watercraft under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds, |
or combination thereof; (B) operating a watercraft under |
the influence of alcohol, other drug or drugs, |
intoxicating compound or compounds, or combination thereof |
and has been previously convicted of reckless homicide or |
a similar provision of a law in another state relating to |
reckless homicide in which the person was determined to |
have been under the influence of alcohol, other drug or |
drugs, intoxicating compound or compounds, or combination |
thereof as an element of the offense or the person has |
|
previously been convicted of committing a violation of |
operating a watercraft under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds, |
or combination thereof and was involved in an accident |
that resulted in death, great bodily harm, or permanent |
disability or disfigurement to another, when the violation |
was a proximate cause of the death or injuries; or (C) the |
person committed a violation of operating a watercraft |
under the influence of alcohol, other drug or drugs, |
intoxicating compound or compounds, or combination thereof |
under Section 5-16 of the Boat Registration and Safety Act |
or a similar provision for the third or subsequent time.
|
(b) In addition, any mobile or portable equipment used in |
the commission of an
act which is in violation of Section 7g of |
the Metropolitan Water Reclamation
District Act shall be |
subject to seizure and forfeiture under the same
procedures |
provided in this Article for the seizure and forfeiture of |
vessels or watercraft,
vehicles, and aircraft, and any such |
equipment shall be deemed a vessel or watercraft, vehicle,
or |
aircraft for purposes of this Article.
|
(c) In addition, when a person discharges a firearm at |
another individual from a vehicle with
the knowledge and |
consent of the owner of the vehicle and with the intent to
|
cause death or great bodily harm to that individual and as a |
result causes
death or great bodily harm to that individual, |
the vehicle shall be subject to
seizure and forfeiture under |
|
the same procedures provided in this Article for
the seizure |
and forfeiture of vehicles used in violations of clauses (1), |
(2), (3), or (4) of subsection (a) of this Section.
|
(d) If the spouse of the owner of a vehicle seized for
an |
offense described in subsection (g) of Section 6-303 of the
|
Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), |
(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section |
11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
|
Code makes a showing
that the seized vehicle is the only source |
of transportation and it is
determined that the financial |
hardship to the family as a result of the seizure
outweighs the |
benefit to the State from the seizure, the vehicle may be
|
forfeited to the spouse or family member and the title to the |
vehicle shall be
transferred to the spouse or family member |
who is properly licensed and who
requires the use of the |
vehicle for employment or family transportation
purposes. A |
written declaration of forfeiture of a vehicle under this
|
Section shall be sufficient cause for the title to be |
transferred to the spouse
or family member. The provisions of |
this paragraph shall apply only to one
forfeiture per vehicle. |
If the vehicle is the subject of a subsequent
forfeiture |
proceeding by virtue of a subsequent conviction of either |
spouse or
the family member, the spouse or family member to |
whom the vehicle was
forfeited under the first forfeiture |
proceeding may not utilize the
provisions of this paragraph in |
another forfeiture proceeding. If the owner of
the vehicle |
|
seized owns more than one vehicle,
the procedure set out in |
this paragraph may be used for only one vehicle.
|
(e) In addition, property subject to forfeiture under |
Section 40 of the Illinois Streetgang
Terrorism Omnibus |
Prevention Act may be seized and forfeited under this
Article.
|
(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18 .)
|
Section 130. The Code of Criminal Procedure of 1963 is |
amended by changing Section 102-7.1 as follows:
|
(725 ILCS 5/102-7.1) |
Sec. 102-7.1. "Category A offense". "Category A offense" |
means a Class 1 felony, Class 2 felony, Class X felony, first |
degree murder, a violation of Section 11-204 of the Illinois |
Vehicle Code, a second or subsequent violation of Section |
11-501 of the Illinois Vehicle Code, a violation of subsection |
(d) of Section 11-501 of the Illinois Vehicle Code, a |
violation of Section 11-401 of the Illinois Vehicle Code if |
the crash accident results in injury and the person failed to |
report the crash accident within 30 minutes, a violation of |
Section 9-3, 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, |
11-23.5, 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, |
12-5, 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, |
24-1.5, 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of |
2012, a second or subsequent violation of 12-3.2 or 12-3.4 of |
the Criminal Code of 2012, a violation of paragraph (5) or (6) |
|
of subsection (b) of Section 10-9 of the Criminal Code of 2012, |
a violation of subsection (b) or (c) or paragraph (1) or (2) of |
subsection (a) of Section 11-1.50 of the Criminal Code of |
2012, a violation of Section 12-7 of the Criminal Code of 2012 |
if the defendant inflicts bodily harm on the victim to obtain a |
confession, statement, or information, a violation of Section |
12-7.5 of the Criminal Code of 2012 if the action results in |
bodily harm, a violation of paragraph (3) of subsection (b) of |
Section 17-2 of the Criminal Code of 2012, a violation of |
subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of |
2012, a violation of paragraph (6) of subsection (a) of |
Section 24-1 of the Criminal Code of 2012, a first violation of |
Section 24-1.6 of the Criminal Code of 2012 by a person 18 |
years of age or older where the factors listed in both items |
(A) and (C) or both items (A-5) and (C) of paragraph (3) of |
subsection (a) of Section 24-1.6 of the Criminal Code of 2012 |
are present, a Class 3 felony violation of paragraph (1) of
|
subsection (a) of Section 2 of the Firearm Owners |
Identification Card Act, or a violation of Section 10 of the |
Sex Offender Registration Act.
|
(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19 .)
|
Section 135. The Rights of Crime Victims and Witnesses Act |
is amended by changing Section 3 as follows:
|
(725 ILCS 120/3) (from Ch. 38, par. 1403)
|
|
Sec. 3. The terms used in this Act shall have the following |
meanings:
|
(a) "Crime victim" or "victim" means: (1) any natural |
person determined by the prosecutor or the court to have |
suffered direct physical or psychological harm as a result of |
a violent crime perpetrated or attempted against that person |
or direct physical or psychological harm as a result of (i) a |
violation of Section 11-501 of the Illinois Vehicle Code or |
similar provision of a local ordinance or (ii) a violation of |
Section 9-3 of the Criminal Code of 1961 or the Criminal Code |
of 2012; (2) in the case of a crime victim who is under 18 |
years of age or an adult victim who is incompetent or |
incapacitated, both parents, legal guardians, foster parents, |
or a single adult representative; (3) in the case of an adult |
deceased victim, 2 representatives who may be the spouse, |
parent, child or sibling of the victim, or the representative |
of the victim's estate; and (4) an immediate family member of a |
victim under clause (1) of this paragraph (a) chosen by the |
victim. If the victim is 18 years of age or over, the victim |
may choose any person to be the victim's representative. In no |
event shall the defendant or any person who aided and abetted |
in the commission of the crime be considered a victim, a crime |
victim, or a representative of the victim. |
A board, agency, or other governmental entity making |
decisions regarding an offender's release, sentence reduction, |
or clemency can determine additional persons are victims for |
|
the purpose of its proceedings.
|
(a-3) "Advocate" means a person whose communications with |
the victim are privileged under Section 8-802.1 or 8-802.2 of |
the Code of Civil Procedure, or Section 227 of the Illinois |
Domestic Violence Act of 1986. |
(a-5) "Confer" means to consult together, share |
information, compare opinions and carry on a discussion or |
deliberation. |
(a-7) "Sentence" includes, but is not limited to, the |
imposition of sentence, a request for a reduction in sentence, |
parole, mandatory supervised release, aftercare release, early |
release, inpatient treatment, outpatient treatment, |
conditional release after a finding that the defendant is not |
guilty by reason of insanity, clemency, or a proposal that |
would reduce the defendant's sentence or result in the |
defendant's release. "Early release" refers to a discretionary |
release. |
(a-9) "Sentencing" includes, but is not limited to, the |
imposition of sentence and a request for a reduction in |
sentence, parole, mandatory supervised release, aftercare |
release, early release, consideration of inpatient treatment |
or outpatient treatment, or conditional release after a |
finding that the defendant is not guilty by reason of |
insanity. |
(a-10) "Status hearing" means a hearing designed to |
provide information to the court, at which no motion of a |
|
substantive nature and no constitutional or statutory right of |
a crime victim is implicated or at issue. |
(b) "Witness" means: any person who personally observed |
the commission of
a crime and who will testify on behalf of the |
State of Illinois; or a person who will be called by the |
prosecution to give testimony establishing a necessary nexus |
between the offender and the violent crime.
|
(c) "Violent crime" means: (1) any felony in which force |
or threat of force was
used against the victim; (2) any offense |
involving sexual exploitation, sexual
conduct, or sexual |
penetration; (3) a violation of Section 11-20.1, 11-20.1B, |
11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the |
Criminal Code of 2012; (4) domestic battery or stalking; (5) |
violation of an order of
protection, a civil no contact order, |
or a stalking no contact order; (6) any misdemeanor which |
results in death or great bodily
harm to the victim; or (7) any |
violation of Section 9-3 of the Criminal Code of
1961 or the |
Criminal Code of 2012, or Section 11-501 of the Illinois |
Vehicle
Code, or a similar provision of a local ordinance, if |
the violation resulted
in personal injury or death. "Violent |
crime" includes any action committed by a juvenile
that would |
be a violent crime if committed by an adult. For the purposes |
of
this paragraph, "personal injury" shall include any Type A |
injury as indicated
on the traffic crash accident report |
completed by a law enforcement officer that
requires immediate |
professional attention in either a doctor's office or
medical |
|
facility. A type A injury shall include severely bleeding |
wounds,
distorted extremities, and injuries that require the |
injured party to be
carried from the scene.
|
(d) (Blank).
|
(e) "Court proceedings" includes, but is not limited to, |
the preliminary hearing, any post-arraignment hearing the
|
effect of which may be the release of the defendant from |
custody or to alter
the conditions of bond, change of plea |
hearing, the trial, any pretrial or post-trial hearing, |
sentencing, any oral argument or hearing before an Illinois |
appellate court, any hearing under the Mental Health and |
Developmental Disabilities Code or Section 5-2-4 of the |
Unified Code of Corrections after a finding that the defendant |
is not guilty by reason of insanity, including a hearing for |
conditional release, any
hearing related to a modification of |
sentence, probation revocation hearing, aftercare release or |
parole hearings, post-conviction relief proceedings, habeas |
corpus proceedings and clemency proceedings related to the |
defendant's conviction or sentence. For purposes of the |
victim's right to be present, "court proceedings" does not |
include (1) hearings under Section 109-1 of the Code of |
Criminal Procedure of 1963, (2) grand jury proceedings, (3) |
status hearings, or (4) the issuance of an order or decision of |
an Illinois court that dismisses a charge, reverses a |
conviction, reduces a sentence, or releases an offender under |
a court rule.
|
|
(f) "Concerned citizen"
includes relatives of the victim, |
friends of the victim, witnesses to the
crime, or any other |
person associated with the victim or prisoner. |
(g) "Victim's attorney" means an attorney retained by the |
victim for the purposes of asserting the victim's |
constitutional and statutory rights. An attorney retained by |
the victim means an attorney who is hired to represent the |
victim at the victim's expense or an attorney who has agreed to |
provide pro bono representation. Nothing in this statute |
creates a right to counsel at public expense for a victim. |
(h) "Support person" means a person chosen by a victim to |
be present at court proceedings. |
(Source: P.A. 99-143, eff. 7-27-15; 99-413, eff. 8-20-15; |
99-642, eff. 7-28-16; 99-671, eff. 1-1-17; 100-961, eff. |
1-1-19 .)
|
Section 140. The Unified Code of Corrections is amended by |
changing Sections 5-5-3.2 and 5-8-4 as follows:
|
(730 ILCS 5/5-5-3.2)
|
(Text of Section before amendment by P.A. 101-652 ) |
Sec. 5-5-3.2. Factors in aggravation and extended-term |
sentencing.
|
(a) The following factors shall be accorded weight in |
favor of
imposing a term of imprisonment or may be considered |
by the court as reasons
to impose a more severe sentence under |
|
Section 5-8-1 or Article 4.5 of Chapter V:
|
(1) the defendant's conduct caused or threatened |
serious harm;
|
(2) the defendant received compensation for committing |
the offense;
|
(3) the defendant has a history of prior delinquency |
or criminal activity;
|
(4) the defendant, by the duties of his office or by |
his position,
was obliged to prevent the particular |
offense committed or to bring
the offenders committing it |
to justice;
|
(5) the defendant held public office at the time of |
the offense,
and the offense related to the conduct of |
that office;
|
(6) the defendant utilized his professional reputation |
or
position in the community to commit the offense, or to |
afford
him an easier means of committing it;
|
(7) the sentence is necessary to deter others from |
committing
the same crime;
|
(8) the defendant committed the offense against a |
person 60 years of age
or older or such person's property;
|
(9) the defendant committed the offense against a |
person who has a physical disability or such person's |
property;
|
(10) by reason of another individual's actual or |
perceived race, color,
creed, religion, ancestry, gender, |
|
sexual orientation, physical or mental
disability, or |
national origin, the defendant committed the offense |
against (i)
the person or property
of that individual; |
(ii) the person or property of a person who has an
|
association with, is married to, or has a friendship with |
the other individual;
or (iii) the person or property of a |
relative (by blood or marriage) of a
person described in |
clause (i) or (ii). For the purposes of this Section,
|
"sexual orientation" has the meaning ascribed to it in |
paragraph (O-1) of Section 1-103 of the Illinois Human |
Rights Act;
|
(11) the offense took place in a place of worship or on |
the
grounds of a place of worship, immediately prior to, |
during or immediately
following worship services. For |
purposes of this subparagraph, "place of
worship" shall |
mean any church, synagogue or other building, structure or
|
place used primarily for religious worship;
|
(12) the defendant was convicted of a felony committed |
while he was
released on bail or his own recognizance |
pending trial for a prior felony
and was convicted of such |
prior felony, or the defendant was convicted of a
felony |
committed while he was serving a period of probation,
|
conditional discharge, or mandatory supervised release |
under subsection (d)
of Section 5-8-1
for a prior felony;
|
(13) the defendant committed or attempted to commit a |
felony while he
was wearing a bulletproof vest. For the |
|
purposes of this paragraph (13), a
bulletproof vest is any |
device which is designed for the purpose of
protecting the |
wearer from bullets, shot or other lethal projectiles;
|
(14) the defendant held a position of trust or |
supervision such as, but
not limited to, family member as |
defined in Section 11-0.1 of the Criminal Code
of 2012, |
teacher, scout leader, baby sitter, or day care worker, in
|
relation to a victim under 18 years of age, and the |
defendant committed an
offense in violation of Section |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
11-14.4 except for an offense that involves keeping a |
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
or 12-16 of the Criminal Code of 1961 or the Criminal Code |
of 2012
against
that victim;
|
(15) the defendant committed an offense related to the |
activities of an
organized gang. For the purposes of this |
factor, "organized gang" has the
meaning ascribed to it in |
Section 10 of the Streetgang Terrorism Omnibus
Prevention |
Act;
|
(16) the defendant committed an offense in violation |
of one of the
following Sections while in a school, |
regardless of the time of day or time of
year; on any |
conveyance owned, leased, or contracted by a school to |
transport
students to or from school or a school related |
activity; on the real property
of a school; or on a public |
|
way within 1,000 feet of the real property
comprising any |
school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, |
11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, |
11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, |
12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, |
12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except |
for subdivision (a)(4) or (g)(1), of the Criminal Code of
|
1961 or the Criminal Code of 2012;
|
(16.5) the defendant committed an offense in violation |
of one of the
following Sections while in a day care |
center, regardless of the time of day or
time of year; on |
the real property of a day care center, regardless of the |
time
of day or time of year; or on a public
way within |
1,000 feet of the real property comprising any day care |
center,
regardless of the time of day or time of year:
|
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
18-2, or 33A-2, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
Criminal Code of 2012;
|
(17) the defendant committed the offense by reason of |
any person's
activity as a community policing volunteer or |
to prevent any person from
engaging in activity as a |
community policing volunteer. For the purpose of
this |
|
Section, "community policing volunteer" has the meaning |
ascribed to it in
Section 2-3.5 of the Criminal Code of |
2012;
|
(18) the defendant committed the offense in a nursing |
home or on the
real
property comprising a nursing home. |
For the purposes of this paragraph (18),
"nursing home" |
means a skilled nursing
or intermediate long term care |
facility that is subject to license by the
Illinois |
Department of Public Health under the Nursing Home Care
|
Act, the Specialized Mental Health Rehabilitation Act of |
2013, the ID/DD Community Care Act, or the MC/DD Act;
|
(19) the defendant was a federally licensed firearm |
dealer
and
was
previously convicted of a violation of |
subsection (a) of Section 3 of the
Firearm Owners |
Identification Card Act and has now committed either a |
felony
violation
of the Firearm Owners Identification Card |
Act or an act of armed violence while
armed
with a firearm; |
(20) the defendant (i) committed the offense of |
reckless homicide under Section 9-3 of the Criminal Code |
of 1961 or the Criminal Code of 2012 or the offense of |
driving under the influence of alcohol, other drug or
|
drugs, intoxicating compound or compounds or any |
combination thereof under Section 11-501 of the Illinois |
Vehicle Code or a similar provision of a local ordinance |
and (ii) was operating a motor vehicle in excess of 20 |
miles per hour over the posted speed limit as provided in |
|
Article VI of Chapter 11 of the Illinois Vehicle Code;
|
(21) the defendant (i) committed the offense of |
reckless driving or aggravated reckless driving under |
Section 11-503 of the Illinois Vehicle Code and (ii) was |
operating a motor vehicle in excess of 20 miles per hour |
over the posted speed limit as provided in Article VI of |
Chapter 11 of the Illinois Vehicle Code; |
(22) the defendant committed the offense against a |
person that the defendant knew, or reasonably should have |
known, was a member of the Armed Forces of the United |
States serving on active duty. For purposes of this clause |
(22), the term "Armed Forces" means any of the Armed |
Forces of the United States, including a member of any |
reserve component thereof or National Guard unit called to |
active duty;
|
(23)
the defendant committed the offense against a |
person who was elderly or infirm or who was a person with a |
disability by taking advantage of a family or fiduciary |
relationship with the elderly or infirm person or person |
with a disability;
|
(24)
the defendant committed any offense under Section |
11-20.1 of the Criminal Code of 1961 or the Criminal Code |
of 2012 and possessed 100 or more images;
|
(25) the defendant committed the offense while the |
defendant or the victim was in a train, bus, or other |
vehicle used for public transportation; |
|
(26) the defendant committed the offense of child |
pornography or aggravated child pornography, specifically |
including paragraph (1), (2), (3), (4), (5), or (7) of |
subsection (a) of Section 11-20.1 of the Criminal Code of |
1961 or the Criminal Code of 2012 where a child engaged in, |
solicited for, depicted in, or posed in any act of sexual |
penetration or bound, fettered, or subject to sadistic, |
masochistic, or sadomasochistic abuse in a sexual context |
and specifically including paragraph (1), (2), (3), (4), |
(5), or (7) of subsection (a) of Section 11-20.1B or |
Section 11-20.3 of the Criminal Code of 1961 where a child |
engaged in, solicited for, depicted in, or posed in any |
act of sexual penetration or bound, fettered, or subject |
to sadistic, masochistic, or sadomasochistic abuse in a |
sexual context; |
(27) the defendant committed the offense of first |
degree murder, assault, aggravated assault, battery, |
aggravated battery, robbery, armed robbery, or aggravated |
robbery against a person who was a veteran and the |
defendant knew, or reasonably should have known, that the |
person was a veteran performing duties as a representative |
of a veterans' organization. For the purposes of this |
paragraph (27), "veteran" means an Illinois resident who |
has served as a member of the United States Armed Forces, a |
member of the Illinois National Guard, or a member of the |
United States Reserve Forces; and "veterans' organization" |
|
means an organization comprised of members of
which |
substantially all are individuals who are veterans or |
spouses,
widows, or widowers of veterans, the primary |
purpose of which is to
promote the welfare of its members |
and to provide assistance to the general
public in such a |
way as to confer a public benefit; |
(28) the defendant committed the offense of assault, |
aggravated assault, battery, aggravated battery, robbery, |
armed robbery, or aggravated robbery against a person that |
the defendant knew or reasonably should have known was a |
letter carrier or postal worker while that person was |
performing his or her duties delivering mail for the |
United States Postal Service; |
(29) the defendant committed the offense of criminal |
sexual assault, aggravated criminal sexual assault, |
criminal sexual abuse, or aggravated criminal sexual abuse |
against a victim with an intellectual disability, and the |
defendant holds a position of trust, authority, or |
supervision in relation to the victim; |
(30) the defendant committed the offense of promoting |
juvenile prostitution, patronizing a prostitute, or |
patronizing a minor engaged in prostitution and at the |
time of the commission of the offense knew that the |
prostitute or minor engaged in prostitution was in the |
custody or guardianship of the Department of Children and |
Family Services; |
|
(31) the defendant (i) committed the offense of |
driving while under the influence of alcohol, other drug |
or drugs, intoxicating compound or compounds or any |
combination thereof in violation of Section 11-501 of the |
Illinois Vehicle Code or a similar provision of a local |
ordinance and (ii) the defendant during the commission of |
the offense was driving his or her vehicle upon a roadway |
designated for one-way traffic in the opposite direction |
of the direction indicated by official traffic control |
devices; |
(32) the defendant committed the offense of reckless |
homicide while committing a violation of Section 11-907 of |
the Illinois Vehicle Code; |
(33) the defendant was found guilty of an |
administrative infraction related to an act or acts of |
public indecency or sexual misconduct in the penal |
institution. In this paragraph (33), "penal institution" |
has the same meaning as in Section 2-14 of the Criminal |
Code of 2012; or |
(34) the defendant committed the offense of leaving |
the scene of a crash an accident in violation of |
subsection (b) of Section 11-401 of the Illinois Vehicle |
Code and the crash accident resulted in the death of a |
person and at the time of the offense, the defendant was: |
(i) driving under the influence of alcohol, other drug or |
drugs, intoxicating compound or compounds or any |
|
combination thereof as defined by Section 11-501 of the |
Illinois Vehicle Code; or (ii) operating the motor vehicle |
while using an electronic communication device as defined |
in Section 12-610.2 of the Illinois Vehicle Code. |
For the purposes of this Section:
|
"School" is defined as a public or private
elementary or |
secondary school, community college, college, or university.
|
"Day care center" means a public or private State |
certified and
licensed day care center as defined in Section |
2.09 of the Child Care Act of
1969 that displays a sign in |
plain view stating that the
property is a day care center.
|
"Intellectual disability" means significantly subaverage |
intellectual functioning which exists concurrently
with |
impairment in adaptive behavior. |
"Public transportation" means the transportation
or |
conveyance of persons by means available to the general |
public, and includes paratransit services. |
"Traffic control devices" means all signs, signals, |
markings, and devices that conform to the Illinois Manual on |
Uniform Traffic Control Devices, placed or erected by |
authority of a public body or official having jurisdiction, |
for the purpose of regulating, warning, or guiding traffic. |
(b) The following factors, related to all felonies, may be |
considered by the court as
reasons to impose an extended term |
sentence under Section 5-8-2
upon any offender:
|
(1) When a defendant is convicted of any felony, after |
|
having
been previously convicted in Illinois or any other |
jurisdiction of the
same or similar class felony or |
greater class felony, when such conviction
has occurred |
within 10 years after the
previous conviction, excluding |
time spent in custody, and such charges are
separately |
brought and tried and arise out of different series of |
acts; or
|
(2) When a defendant is convicted of any felony and |
the court
finds that the offense was accompanied by |
exceptionally brutal
or heinous behavior indicative of |
wanton cruelty; or
|
(3) When a defendant is convicted of any felony |
committed against:
|
(i) a person under 12 years of age at the time of |
the offense or such
person's property;
|
(ii) a person 60 years of age or older at the time |
of the offense or
such person's property; or
|
(iii) a person who had a physical disability at |
the time of the offense or
such person's property; or
|
(4) When a defendant is convicted of any felony and |
the offense
involved any of the following types of |
specific misconduct committed as
part of a ceremony, rite, |
initiation, observance, performance, practice or
activity |
of any actual or ostensible religious, fraternal, or |
social group:
|
(i) the brutalizing or torturing of humans or |
|
animals;
|
(ii) the theft of human corpses;
|
(iii) the kidnapping of humans;
|
(iv) the desecration of any cemetery, religious, |
fraternal, business,
governmental, educational, or |
other building or property; or
|
(v) ritualized abuse of a child; or
|
(5) When a defendant is convicted of a felony other |
than conspiracy and
the court finds that
the felony was |
committed under an agreement with 2 or more other persons
|
to commit that offense and the defendant, with respect to |
the other
individuals, occupied a position of organizer, |
supervisor, financier, or any
other position of management |
or leadership, and the court further finds that
the felony |
committed was related to or in furtherance of the criminal
|
activities of an organized gang or was motivated by the |
defendant's leadership
in an organized gang; or
|
(6) When a defendant is convicted of an offense |
committed while using a firearm with a
laser sight |
attached to it. For purposes of this paragraph, "laser |
sight"
has the meaning ascribed to it in Section 26-7 of |
the Criminal Code of
2012; or
|
(7) When a defendant who was at least 17 years of age |
at the
time of
the commission of the offense is convicted |
of a felony and has been previously
adjudicated a |
delinquent minor under the Juvenile Court Act of 1987 for |
|
an act
that if committed by an adult would be a Class X or |
Class 1 felony when the
conviction has occurred within 10 |
years after the previous adjudication,
excluding time |
spent in custody; or
|
(8) When a defendant commits any felony and the |
defendant used, possessed, exercised control over, or |
otherwise directed an animal to assault a law enforcement |
officer engaged in the execution of his or her official |
duties or in furtherance of the criminal activities of an |
organized gang in which the defendant is engaged; or
|
(9) When a defendant commits any felony and the |
defendant knowingly video or audio records the offense |
with the intent to disseminate the recording. |
(c) The following factors may be considered by the court |
as reasons to impose an extended term sentence under Section |
5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed |
offenses: |
(1) When a defendant is convicted of first degree |
murder, after having been previously convicted in Illinois |
of any offense listed under paragraph (c)(2) of Section |
5-5-3 (730 ILCS 5/5-5-3), when that conviction has |
occurred within 10 years after the previous conviction, |
excluding time spent in custody, and the charges are |
separately brought and tried and arise out of different |
series of acts. |
(1.5) When a defendant is convicted of first degree |
|
murder, after having been previously convicted of domestic |
battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
(720 ILCS 5/12-3.3) committed on the same victim or after |
having been previously convicted of violation of an order |
of protection (720 ILCS 5/12-30) in which the same victim |
was the protected person. |
(2) When a defendant is convicted of voluntary |
manslaughter, second degree murder, involuntary |
manslaughter, or reckless homicide in which the defendant |
has been convicted of causing the death of more than one |
individual. |
(3) When a defendant is convicted of aggravated |
criminal sexual assault or criminal sexual assault, when |
there is a finding that aggravated criminal sexual assault |
or criminal sexual assault was also committed on the same |
victim by one or more other individuals, and the defendant |
voluntarily participated in the crime with the knowledge |
of the participation of the others in the crime, and the |
commission of the crime was part of a single course of |
conduct during which there was no substantial change in |
the nature of the criminal objective. |
(4) If the victim was under 18 years of age at the time |
of the commission of the offense, when a defendant is |
convicted of aggravated criminal sexual assault or |
predatory criminal sexual assault of a child under |
subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
|
of Section 12-14.1 of the Criminal Code of 1961 or the |
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
(5) When a defendant is convicted of a felony |
violation of Section 24-1 of the Criminal Code of 1961 or |
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
finding that the defendant is a member of an organized |
gang. |
(6) When a defendant was convicted of unlawful use of |
weapons under Section 24-1 of the Criminal Code of 1961 or |
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
a weapon that is not readily distinguishable as one of the |
weapons enumerated in Section 24-1 of the Criminal Code of |
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
(7) When a defendant is convicted of an offense |
involving the illegal manufacture of a controlled |
substance under Section 401 of the Illinois Controlled |
Substances Act (720 ILCS 570/401), the illegal manufacture |
of methamphetamine under Section 25 of the Methamphetamine |
Control and Community Protection Act (720 ILCS 646/25), or |
the illegal possession of explosives and an emergency |
response officer in the performance of his or her duties |
is killed or injured at the scene of the offense while |
responding to the emergency caused by the commission of |
the offense. In this paragraph, "emergency" means a |
situation in which a person's life, health, or safety is |
in jeopardy; and "emergency response officer" means a |
|
peace officer, community policing volunteer, fireman, |
emergency medical technician-ambulance, emergency medical |
technician-intermediate, emergency medical |
technician-paramedic, ambulance driver, other medical |
assistance or first aid personnel, or hospital emergency |
room personnel.
|
(8) When the defendant is convicted of attempted mob |
action, solicitation to commit mob action, or conspiracy |
to commit mob action under Section 8-1, 8-2, or 8-4 of the |
Criminal Code of 2012, where the criminal object is a |
violation of Section 25-1 of the Criminal Code of 2012, |
and an electronic communication is used in the commission |
of the offense. For the purposes of this paragraph (8), |
"electronic communication" shall have the meaning provided |
in Section 26.5-0.1 of the Criminal Code of 2012. |
(d) For the purposes of this Section, "organized gang" has |
the meaning
ascribed to it in Section 10 of the Illinois |
Streetgang Terrorism Omnibus
Prevention Act.
|
(e) The court may impose an extended term sentence under |
Article 4.5 of Chapter V upon an offender who has been |
convicted of a felony violation of Section 11-1.20, 11-1.30, |
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
when the victim of the offense is under 18 years of age at the |
time of the commission of the offense and, during the |
commission of the offense, the victim was under the influence |
|
of alcohol, regardless of whether or not the alcohol was |
supplied by the offender; and the offender, at the time of the |
commission of the offense, knew or should have known that the |
victim had consumed alcohol. |
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; |
101-417, eff. 1-1-20; 102-558, eff. 8-20-21.)
|
(Text of Section after amendment by P.A. 101-652 ) |
Sec. 5-5-3.2. Factors in aggravation and extended-term |
sentencing.
|
(a) The following factors shall be accorded weight in |
favor of
imposing a term of imprisonment or may be considered |
by the court as reasons
to impose a more severe sentence under |
Section 5-8-1 or Article 4.5 of Chapter V:
|
(1) the defendant's conduct caused or threatened |
serious harm;
|
(2) the defendant received compensation for committing |
the offense;
|
(3) the defendant has a history of prior delinquency |
or criminal activity;
|
(4) the defendant, by the duties of his office or by |
his position,
was obliged to prevent the particular |
offense committed or to bring
the offenders committing it |
to justice;
|
(5) the defendant held public office at the time of |
the offense,
and the offense related to the conduct of |
|
that office;
|
(6) the defendant utilized his professional reputation |
or
position in the community to commit the offense, or to |
afford
him an easier means of committing it;
|
(7) the sentence is necessary to deter others from |
committing
the same crime;
|
(8) the defendant committed the offense against a |
person 60 years of age
or older or such person's property;
|
(9) the defendant committed the offense against a |
person who has a physical disability or such person's |
property;
|
(10) by reason of another individual's actual or |
perceived race, color,
creed, religion, ancestry, gender, |
sexual orientation, physical or mental
disability, or |
national origin, the defendant committed the offense |
against (i)
the person or property
of that individual; |
(ii) the person or property of a person who has an
|
association with, is married to, or has a friendship with |
the other individual;
or (iii) the person or property of a |
relative (by blood or marriage) of a
person described in |
clause (i) or (ii). For the purposes of this Section,
|
"sexual orientation" has the meaning ascribed to it in |
paragraph (O-1) of Section 1-103 of the Illinois Human |
Rights Act;
|
(11) the offense took place in a place of worship or on |
the
grounds of a place of worship, immediately prior to, |
|
during or immediately
following worship services. For |
purposes of this subparagraph, "place of
worship" shall |
mean any church, synagogue or other building, structure or
|
place used primarily for religious worship;
|
(12) the defendant was convicted of a felony committed |
while he was
on pretrial release or his own recognizance |
pending trial for a prior felony
and was convicted of such |
prior felony, or the defendant was convicted of a
felony |
committed while he was serving a period of probation,
|
conditional discharge, or mandatory supervised release |
under subsection (d)
of Section 5-8-1
for a prior felony;
|
(13) the defendant committed or attempted to commit a |
felony while he
was wearing a bulletproof vest. For the |
purposes of this paragraph (13), a
bulletproof vest is any |
device which is designed for the purpose of
protecting the |
wearer from bullets, shot or other lethal projectiles;
|
(14) the defendant held a position of trust or |
supervision such as, but
not limited to, family member as |
defined in Section 11-0.1 of the Criminal Code
of 2012, |
teacher, scout leader, baby sitter, or day care worker, in
|
relation to a victim under 18 years of age, and the |
defendant committed an
offense in violation of Section |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
11-14.4 except for an offense that involves keeping a |
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
|
or 12-16 of the Criminal Code of 1961 or the Criminal Code |
of 2012
against
that victim;
|
(15) the defendant committed an offense related to the |
activities of an
organized gang. For the purposes of this |
factor, "organized gang" has the
meaning ascribed to it in |
Section 10 of the Streetgang Terrorism Omnibus
Prevention |
Act;
|
(16) the defendant committed an offense in violation |
of one of the
following Sections while in a school, |
regardless of the time of day or time of
year; on any |
conveyance owned, leased, or contracted by a school to |
transport
students to or from school or a school related |
activity; on the real property
of a school; or on a public |
way within 1,000 feet of the real property
comprising any |
school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, |
11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, |
11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, |
12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, |
12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except |
for subdivision (a)(4) or (g)(1), of the Criminal Code of
|
1961 or the Criminal Code of 2012;
|
(16.5) the defendant committed an offense in violation |
of one of the
following Sections while in a day care |
center, regardless of the time of day or
time of year; on |
the real property of a day care center, regardless of the |
time
of day or time of year; or on a public
way within |
|
1,000 feet of the real property comprising any day care |
center,
regardless of the time of day or time of year:
|
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
18-2, or 33A-2, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
Criminal Code of 2012;
|
(17) the defendant committed the offense by reason of |
any person's
activity as a community policing volunteer or |
to prevent any person from
engaging in activity as a |
community policing volunteer. For the purpose of
this |
Section, "community policing volunteer" has the meaning |
ascribed to it in
Section 2-3.5 of the Criminal Code of |
2012;
|
(18) the defendant committed the offense in a nursing |
home or on the
real
property comprising a nursing home. |
For the purposes of this paragraph (18),
"nursing home" |
means a skilled nursing
or intermediate long term care |
facility that is subject to license by the
Illinois |
Department of Public Health under the Nursing Home Care
|
Act, the Specialized Mental Health Rehabilitation Act of |
2013, the ID/DD Community Care Act, or the MC/DD Act;
|
(19) the defendant was a federally licensed firearm |
dealer
and
was
previously convicted of a violation of |
|
subsection (a) of Section 3 of the
Firearm Owners |
Identification Card Act and has now committed either a |
felony
violation
of the Firearm Owners Identification Card |
Act or an act of armed violence while
armed
with a firearm; |
(20) the defendant (i) committed the offense of |
reckless homicide under Section 9-3 of the Criminal Code |
of 1961 or the Criminal Code of 2012 or the offense of |
driving under the influence of alcohol, other drug or
|
drugs, intoxicating compound or compounds or any |
combination thereof under Section 11-501 of the Illinois |
Vehicle Code or a similar provision of a local ordinance |
and (ii) was operating a motor vehicle in excess of 20 |
miles per hour over the posted speed limit as provided in |
Article VI of Chapter 11 of the Illinois Vehicle Code;
|
(21) the defendant (i) committed the offense of |
reckless driving or aggravated reckless driving under |
Section 11-503 of the Illinois Vehicle Code and (ii) was |
operating a motor vehicle in excess of 20 miles per hour |
over the posted speed limit as provided in Article VI of |
Chapter 11 of the Illinois Vehicle Code; |
(22) the defendant committed the offense against a |
person that the defendant knew, or reasonably should have |
known, was a member of the Armed Forces of the United |
States serving on active duty. For purposes of this clause |
(22), the term "Armed Forces" means any of the Armed |
Forces of the United States, including a member of any |
|
reserve component thereof or National Guard unit called to |
active duty;
|
(23)
the defendant committed the offense against a |
person who was elderly or infirm or who was a person with a |
disability by taking advantage of a family or fiduciary |
relationship with the elderly or infirm person or person |
with a disability;
|
(24)
the defendant committed any offense under Section |
11-20.1 of the Criminal Code of 1961 or the Criminal Code |
of 2012 and possessed 100 or more images;
|
(25) the defendant committed the offense while the |
defendant or the victim was in a train, bus, or other |
vehicle used for public transportation; |
(26) the defendant committed the offense of child |
pornography or aggravated child pornography, specifically |
including paragraph (1), (2), (3), (4), (5), or (7) of |
subsection (a) of Section 11-20.1 of the Criminal Code of |
1961 or the Criminal Code of 2012 where a child engaged in, |
solicited for, depicted in, or posed in any act of sexual |
penetration or bound, fettered, or subject to sadistic, |
masochistic, or sadomasochistic abuse in a sexual context |
and specifically including paragraph (1), (2), (3), (4), |
(5), or (7) of subsection (a) of Section 11-20.1B or |
Section 11-20.3 of the Criminal Code of 1961 where a child |
engaged in, solicited for, depicted in, or posed in any |
act of sexual penetration or bound, fettered, or subject |
|
to sadistic, masochistic, or sadomasochistic abuse in a |
sexual context; |
(27) the defendant committed the offense of first |
degree murder, assault, aggravated assault, battery, |
aggravated battery, robbery, armed robbery, or aggravated |
robbery against a person who was a veteran and the |
defendant knew, or reasonably should have known, that the |
person was a veteran performing duties as a representative |
of a veterans' organization. For the purposes of this |
paragraph (27), "veteran" means an Illinois resident who |
has served as a member of the United States Armed Forces, a |
member of the Illinois National Guard, or a member of the |
United States Reserve Forces; and "veterans' organization" |
means an organization comprised of members of
which |
substantially all are individuals who are veterans or |
spouses,
widows, or widowers of veterans, the primary |
purpose of which is to
promote the welfare of its members |
and to provide assistance to the general
public in such a |
way as to confer a public benefit; |
(28) the defendant committed the offense of assault, |
aggravated assault, battery, aggravated battery, robbery, |
armed robbery, or aggravated robbery against a person that |
the defendant knew or reasonably should have known was a |
letter carrier or postal worker while that person was |
performing his or her duties delivering mail for the |
United States Postal Service; |
|
(29) the defendant committed the offense of criminal |
sexual assault, aggravated criminal sexual assault, |
criminal sexual abuse, or aggravated criminal sexual abuse |
against a victim with an intellectual disability, and the |
defendant holds a position of trust, authority, or |
supervision in relation to the victim; |
(30) the defendant committed the offense of promoting |
juvenile prostitution, patronizing a prostitute, or |
patronizing a minor engaged in prostitution and at the |
time of the commission of the offense knew that the |
prostitute or minor engaged in prostitution was in the |
custody or guardianship of the Department of Children and |
Family Services; |
(31) the defendant (i) committed the offense of |
driving while under the influence of alcohol, other drug |
or drugs, intoxicating compound or compounds or any |
combination thereof in violation of Section 11-501 of the |
Illinois Vehicle Code or a similar provision of a local |
ordinance and (ii) the defendant during the commission of |
the offense was driving his or her vehicle upon a roadway |
designated for one-way traffic in the opposite direction |
of the direction indicated by official traffic control |
devices; |
(32) the defendant committed the offense of reckless |
homicide while committing a violation of Section 11-907 of |
the Illinois Vehicle Code; |
|
(33) the defendant was found guilty of an |
administrative infraction related to an act or acts of |
public indecency or sexual misconduct in the penal |
institution. In this paragraph (33), "penal institution" |
has the same meaning as in Section 2-14 of the Criminal |
Code of 2012; or |
(34) the defendant committed the offense of leaving |
the scene of a crash an accident in violation of |
subsection (b) of Section 11-401 of the Illinois Vehicle |
Code and the crash accident resulted in the death of a |
person and at the time of the offense, the defendant was: |
(i) driving under the influence of alcohol, other drug or |
drugs, intoxicating compound or compounds or any |
combination thereof as defined by Section 11-501 of the |
Illinois Vehicle Code; or (ii) operating the motor vehicle |
while using an electronic communication device as defined |
in Section 12-610.2 of the Illinois Vehicle Code. |
For the purposes of this Section:
|
"School" is defined as a public or private
elementary or |
secondary school, community college, college, or university.
|
"Day care center" means a public or private State |
certified and
licensed day care center as defined in Section |
2.09 of the Child Care Act of
1969 that displays a sign in |
plain view stating that the
property is a day care center.
|
"Intellectual disability" means significantly subaverage |
intellectual functioning which exists concurrently
with |
|
impairment in adaptive behavior. |
"Public transportation" means the transportation
or |
conveyance of persons by means available to the general |
public, and includes paratransit services. |
"Traffic control devices" means all signs, signals, |
markings, and devices that conform to the Illinois Manual on |
Uniform Traffic Control Devices, placed or erected by |
authority of a public body or official having jurisdiction, |
for the purpose of regulating, warning, or guiding traffic. |
(b) The following factors, related to all felonies, may be |
considered by the court as
reasons to impose an extended term |
sentence under Section 5-8-2
upon any offender:
|
(1) When a defendant is convicted of any felony, after |
having
been previously convicted in Illinois or any other |
jurisdiction of the
same or similar class felony or |
greater class felony, when such conviction
has occurred |
within 10 years after the
previous conviction, excluding |
time spent in custody, and such charges are
separately |
brought and tried and arise out of different series of |
acts; or
|
(2) When a defendant is convicted of any felony and |
the court
finds that the offense was accompanied by |
exceptionally brutal
or heinous behavior indicative of |
wanton cruelty; or
|
(3) When a defendant is convicted of any felony |
committed against:
|
|
(i) a person under 12 years of age at the time of |
the offense or such
person's property;
|
(ii) a person 60 years of age or older at the time |
of the offense or
such person's property; or
|
(iii) a person who had a physical disability at |
the time of the offense or
such person's property; or
|
(4) When a defendant is convicted of any felony and |
the offense
involved any of the following types of |
specific misconduct committed as
part of a ceremony, rite, |
initiation, observance, performance, practice or
activity |
of any actual or ostensible religious, fraternal, or |
social group:
|
(i) the brutalizing or torturing of humans or |
animals;
|
(ii) the theft of human corpses;
|
(iii) the kidnapping of humans;
|
(iv) the desecration of any cemetery, religious, |
fraternal, business,
governmental, educational, or |
other building or property; or
|
(v) ritualized abuse of a child; or
|
(5) When a defendant is convicted of a felony other |
than conspiracy and
the court finds that
the felony was |
committed under an agreement with 2 or more other persons
|
to commit that offense and the defendant, with respect to |
the other
individuals, occupied a position of organizer, |
supervisor, financier, or any
other position of management |
|
or leadership, and the court further finds that
the felony |
committed was related to or in furtherance of the criminal
|
activities of an organized gang or was motivated by the |
defendant's leadership
in an organized gang; or
|
(6) When a defendant is convicted of an offense |
committed while using a firearm with a
laser sight |
attached to it. For purposes of this paragraph, "laser |
sight"
has the meaning ascribed to it in Section 26-7 of |
the Criminal Code of
2012; or
|
(7) When a defendant who was at least 17 years of age |
at the
time of
the commission of the offense is convicted |
of a felony and has been previously
adjudicated a |
delinquent minor under the Juvenile Court Act of 1987 for |
an act
that if committed by an adult would be a Class X or |
Class 1 felony when the
conviction has occurred within 10 |
years after the previous adjudication,
excluding time |
spent in custody; or
|
(8) When a defendant commits any felony and the |
defendant used, possessed, exercised control over, or |
otherwise directed an animal to assault a law enforcement |
officer engaged in the execution of his or her official |
duties or in furtherance of the criminal activities of an |
organized gang in which the defendant is engaged; or
|
(9) When a defendant commits any felony and the |
defendant knowingly video or audio records the offense |
with the intent to disseminate the recording. |
|
(c) The following factors may be considered by the court |
as reasons to impose an extended term sentence under Section |
5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed |
offenses: |
(1) When a defendant is convicted of first degree |
murder, after having been previously convicted in Illinois |
of any offense listed under paragraph (c)(2) of Section |
5-5-3 (730 ILCS 5/5-5-3), when that conviction has |
occurred within 10 years after the previous conviction, |
excluding time spent in custody, and the charges are |
separately brought and tried and arise out of different |
series of acts. |
(1.5) When a defendant is convicted of first degree |
murder, after having been previously convicted of domestic |
battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
(720 ILCS 5/12-3.3) committed on the same victim or after |
having been previously convicted of violation of an order |
of protection (720 ILCS 5/12-30) in which the same victim |
was the protected person. |
(2) When a defendant is convicted of voluntary |
manslaughter, second degree murder, involuntary |
manslaughter, or reckless homicide in which the defendant |
has been convicted of causing the death of more than one |
individual. |
(3) When a defendant is convicted of aggravated |
criminal sexual assault or criminal sexual assault, when |
|
there is a finding that aggravated criminal sexual assault |
or criminal sexual assault was also committed on the same |
victim by one or more other individuals, and the defendant |
voluntarily participated in the crime with the knowledge |
of the participation of the others in the crime, and the |
commission of the crime was part of a single course of |
conduct during which there was no substantial change in |
the nature of the criminal objective. |
(4) If the victim was under 18 years of age at the time |
of the commission of the offense, when a defendant is |
convicted of aggravated criminal sexual assault or |
predatory criminal sexual assault of a child under |
subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
of Section 12-14.1 of the Criminal Code of 1961 or the |
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
(5) When a defendant is convicted of a felony |
violation of Section 24-1 of the Criminal Code of 1961 or |
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
finding that the defendant is a member of an organized |
gang. |
(6) When a defendant was convicted of unlawful use of |
weapons under Section 24-1 of the Criminal Code of 1961 or |
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
a weapon that is not readily distinguishable as one of the |
weapons enumerated in Section 24-1 of the Criminal Code of |
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
|
(7) When a defendant is convicted of an offense |
involving the illegal manufacture of a controlled |
substance under Section 401 of the Illinois Controlled |
Substances Act (720 ILCS 570/401), the illegal manufacture |
of methamphetamine under Section 25 of the Methamphetamine |
Control and Community Protection Act (720 ILCS 646/25), or |
the illegal possession of explosives and an emergency |
response officer in the performance of his or her duties |
is killed or injured at the scene of the offense while |
responding to the emergency caused by the commission of |
the offense. In this paragraph, "emergency" means a |
situation in which a person's life, health, or safety is |
in jeopardy; and "emergency response officer" means a |
peace officer, community policing volunteer, fireman, |
emergency medical technician-ambulance, emergency medical |
technician-intermediate, emergency medical |
technician-paramedic, ambulance driver, other medical |
assistance or first aid personnel, or hospital emergency |
room personnel.
|
(8) When the defendant is convicted of attempted mob |
action, solicitation to commit mob action, or conspiracy |
to commit mob action under Section 8-1, 8-2, or 8-4 of the |
Criminal Code of 2012, where the criminal object is a |
violation of Section 25-1 of the Criminal Code of 2012, |
and an electronic communication is used in the commission |
of the offense. For the purposes of this paragraph (8), |
|
"electronic communication" shall have the meaning provided |
in Section 26.5-0.1 of the Criminal Code of 2012. |
(d) For the purposes of this Section, "organized gang" has |
the meaning
ascribed to it in Section 10 of the Illinois |
Streetgang Terrorism Omnibus
Prevention Act.
|
(e) The court may impose an extended term sentence under |
Article 4.5 of Chapter V upon an offender who has been |
convicted of a felony violation of Section 11-1.20, 11-1.30, |
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
when the victim of the offense is under 18 years of age at the |
time of the commission of the offense and, during the |
commission of the offense, the victim was under the influence |
of alcohol, regardless of whether or not the alcohol was |
supplied by the offender; and the offender, at the time of the |
commission of the offense, knew or should have known that the |
victim had consumed alcohol. |
(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; |
101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff. |
1-1-23; 102-558, eff. 8-20-21.)
|
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
|
Sec. 5-8-4. Concurrent and consecutive terms of |
imprisonment.
|
(a) Concurrent terms; multiple or additional sentences. |
When an Illinois court (i) imposes multiple sentences of |
|
imprisonment on a defendant at the same time or (ii) imposes a |
sentence of imprisonment on a defendant who is already subject |
to a sentence of imprisonment imposed by an Illinois court, a |
court of another state, or a federal court, then the sentences |
shall run concurrently unless otherwise determined by the |
Illinois court under this Section. |
(b) Concurrent terms; misdemeanor and felony. A defendant |
serving a sentence for a
misdemeanor who is convicted of a |
felony and sentenced to imprisonment shall be transferred to |
the Department of Corrections, and the misdemeanor sentence |
shall be merged in and run concurrently with the felony |
sentence. |
(c) Consecutive terms; permissive. The court may impose |
consecutive sentences in any of the following circumstances: |
(1) If, having regard to the nature and circumstances |
of the offense and the history
and character of the |
defendant, it is the opinion of the court that consecutive |
sentences are
required to protect the public from further |
criminal conduct by the defendant, the basis for which the |
court shall set forth in the record. |
(2) If one of the offenses for which a defendant was |
convicted was a violation of
Section 32-5.2 (aggravated |
false personation of a peace officer) of the Criminal Code |
of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision |
(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of |
1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the |
|
offense was committed in attempting or committing a |
forcible felony.
|
(d) Consecutive terms; mandatory. The court shall impose |
consecutive sentences in each of the following circumstances: |
(1) One of the offenses for which the defendant was |
convicted was first degree
murder or a Class X or Class 1 |
felony and the defendant inflicted severe bodily injury. |
(2) The defendant was convicted of a violation of |
Section 11-1.20 or 12-13 (criminal sexual
assault), |
11-1.30 or 12-14 (aggravated criminal sexual assault), or |
11-1.40 or 12-14.1 (predatory criminal sexual assault of a |
child) of the Criminal Code of 1961 or the Criminal Code of |
2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, |
5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or |
5/12-14.1). |
(2.5) The defendant was convicted of a violation of |
paragraph (1), (2), (3), (4), (5), or (7) of subsection |
(a) of Section 11-20.1 (child pornography) or of paragraph |
(1), (2), (3), (4), (5), or (7) of subsection (a) of |
Section 11-20.1B or 11-20.3 (aggravated child pornography) |
of the Criminal Code of 1961 or the Criminal Code of 2012; |
or the defendant was convicted of a violation of paragraph |
(6) of subsection (a) of Section 11-20.1 (child |
pornography) or of paragraph (6) of subsection (a) of |
Section 11-20.1B or 11-20.3 (aggravated child pornography) |
of the Criminal Code of 1961 or the Criminal Code of 2012, |
|
when the child depicted is under the age of 13. |
(3) The defendant was convicted of armed violence |
based upon the predicate
offense of any of the following: |
solicitation of murder, solicitation of murder for hire, |
heinous battery as described in Section 12-4.1 or |
subdivision (a)(2) of Section 12-3.05, aggravated battery |
of a senior citizen as described in Section 12-4.6 or |
subdivision (a)(4) of Section 12-3.05, criminal sexual |
assault, a violation of subsection (g) of Section 5 of the |
Cannabis Control Act (720 ILCS 550/5), cannabis |
trafficking, a violation of subsection (a) of Section 401 |
of the Illinois Controlled Substances Act (720 ILCS |
570/401), controlled substance trafficking involving a |
Class X felony amount of controlled substance under |
Section 401 of the Illinois Controlled Substances Act (720 |
ILCS 570/401), a violation of the Methamphetamine Control |
and Community Protection Act (720 ILCS 646/), calculated |
criminal drug conspiracy, or streetgang criminal drug |
conspiracy. |
(4) The defendant was convicted of the offense of |
leaving the scene of a motor
vehicle crash accident |
involving death or personal injuries under Section 11-401 |
of the Illinois Vehicle Code (625 ILCS 5/11-401) and |
either: (A) aggravated driving under the influence of |
alcohol, other drug or drugs, or intoxicating compound or |
compounds, or any combination thereof under Section 11-501 |
|
of the Illinois Vehicle Code (625 ILCS 5/11-501), (B) |
reckless homicide under Section 9-3 of the Criminal Code |
of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3), or |
(C) both an offense described in item (A) and an offense |
described in item (B). |
(5) The defendant was convicted of a violation of |
Section 9-3.1 or Section 9-3.4 (concealment of homicidal |
death) or Section 12-20.5 (dismembering a human body) of |
the Criminal Code of 1961 or the Criminal Code of 2012 (720 |
ILCS 5/9-3.1 or 5/12-20.5). |
(5.5) The defendant was convicted of a violation of |
Section 24-3.7 (use of a stolen firearm in the commission |
of an offense) of the Criminal Code of 1961 or the Criminal |
Code of 2012. |
(6) If the defendant was in the custody of the |
Department of Corrections at the
time of the commission of |
the offense, the sentence shall be served consecutive to |
the sentence under which the defendant is held by the |
Department of Corrections. If, however, the defendant is |
sentenced to punishment by death, the sentence shall be |
executed at such time as the court may fix without regard |
to the sentence under which the defendant may be held by |
the Department. |
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) |
for escape or attempted escape shall be served
consecutive |
to the terms under which the offender is held by the |
|
Department of Corrections. |
(8) If a person charged with a felony commits a |
separate felony while on pretrial
release or in pretrial |
detention in a county jail facility or county detention |
facility, then the sentences imposed upon conviction of |
these felonies shall be served consecutively regardless of |
the order in which the judgments of conviction are |
entered. |
(8.5) If a person commits a battery against a county |
correctional officer or sheriff's employee while serving a |
sentence or in pretrial detention in a county jail |
facility, then the sentence imposed upon conviction of the |
battery shall be served consecutively with the sentence |
imposed upon conviction of the earlier misdemeanor or |
felony, regardless of the order in which the
judgments of |
conviction are entered. |
(9) If a person admitted to bail following conviction |
of a felony commits a
separate felony while free on bond or |
if a person detained in a county jail facility or county |
detention facility following conviction of a felony |
commits a separate felony while in detention, then any |
sentence following conviction of the separate felony shall |
be consecutive to that of the original sentence for which |
the defendant was on bond or detained.
|
(10) If a person is found to be in possession of an |
item of contraband, as defined in Section 31A-0.1 of the |
|
Criminal Code of 2012, while serving a sentence in a |
county jail or while in pre-trial detention in a county |
jail, the sentence imposed upon conviction for the offense |
of possessing contraband in a penal institution shall be |
served consecutively to the sentence imposed for the |
offense in which the person is serving sentence in the |
county jail or serving pretrial detention, regardless of |
the order in which the judgments of conviction are |
entered. |
(11) If a person is sentenced for a violation of bail |
bond under Section 32-10 of the Criminal Code of 1961 or |
the Criminal Code of 2012, any sentence imposed for that |
violation shall be served
consecutive to the sentence |
imposed for the charge for which bail had been
granted and |
with respect to which the defendant has been convicted. |
(e) Consecutive terms; subsequent non-Illinois term. If an |
Illinois court has imposed a
sentence of imprisonment on a |
defendant and the defendant is subsequently sentenced to a |
term of imprisonment by a court of another state or a federal |
court, then the Illinois sentence shall run consecutively to |
the sentence imposed by the court of the other state or the |
federal court. That same Illinois court, however, may order |
that the Illinois sentence run concurrently with the sentence |
imposed by the court of the other state or the federal court, |
but only if the defendant applies to that same Illinois court |
within 30 days after the sentence imposed by the court of the |
|
other state or the federal court is finalized. |
(f) Consecutive terms; aggregate maximums and minimums. |
The aggregate maximum
and aggregate minimum of consecutive |
sentences shall be determined as follows: |
(1) For sentences imposed under law in effect prior to |
February 1, 1978, the
aggregate maximum of consecutive |
sentences shall not exceed the maximum term authorized |
under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of |
Chapter V for the 2 most serious felonies involved. The |
aggregate minimum period of consecutive sentences shall |
not exceed the highest minimum term authorized under |
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter |
V for the 2 most serious felonies involved. When sentenced |
only for misdemeanors, a defendant shall not be |
consecutively sentenced to more than the maximum for one |
Class A misdemeanor. |
(2) For sentences imposed under the law in effect on |
or after February 1, 1978,
the aggregate of consecutive |
sentences for offenses that were committed as part of a |
single
course of conduct during which there was no |
substantial change in the nature of the criminal objective |
shall not exceed the sum of the maximum terms authorized |
under Article 4.5 of Chapter V for the 2 most serious |
felonies involved, but no such limitation shall apply for |
offenses that were not committed as part of a single |
course of conduct during which there was no substantial |
|
change in the nature of the criminal objective. When |
sentenced only for misdemeanors, a defendant shall not be |
consecutively sentenced to more than the maximum for one |
Class A misdemeanor.
|
(g) Consecutive terms; manner served. In determining the |
manner in which consecutive sentences of imprisonment, one or |
more of which is for a felony, will be served, the Department |
of Corrections shall treat the defendant as though he or she |
had been committed for a single term subject to each of the |
following: |
(1) The maximum period of a term of imprisonment shall |
consist of the aggregate
of the maximums of the imposed |
indeterminate terms, if any, plus the aggregate of the |
imposed determinate sentences for felonies, plus the |
aggregate of the imposed determinate sentences for |
misdemeanors, subject to subsection (f) of this Section. |
(2) The parole or mandatory supervised release term |
shall be as provided in
paragraph (e) of Section 5-4.5-50 |
(730 ILCS 5/5-4.5-50) for the most serious of the offenses |
involved. |
(3) The minimum period of imprisonment shall be the |
aggregate of the minimum
and determinate periods of |
imprisonment imposed by the court, subject to subsection |
(f) of this Section. |
(4) The defendant shall be awarded credit against the |
aggregate maximum term
and the aggregate minimum term of |
|
imprisonment for all time served in an institution since |
the commission of the offense or offenses and as a |
consequence thereof at the rate specified in
Section 3-6-3 |
(730 ILCS 5/3-6-3).
|
(h) Notwithstanding any other provisions of this Section, |
all sentences imposed by an Illinois court under this Code |
shall run concurrent to any and all sentences imposed under |
the Juvenile Court Act of 1987.
|
(Source: P.A. 102-350, eff. 8-13-21.)
|
Section 145. The Cannabis and Controlled Substances Tort |
Claims Act is amended by changing Section 2 as follows:
|
(740 ILCS 20/2) (from Ch. 70, par. 902)
|
Sec. 2. Findings and intent.
|
(a) The General Assembly finds
that the abuse of cannabis |
and controlled substances:
|
(1) greatly increases incidents involving crimes of |
violence and threats
of crimes of violence;
|
(2) causes death or severe and often irreversible
|
injuries to newborn children;
|
(3) accounts for the commission of the
majority of |
property crimes committed within this State;
|
(4) causes motor vehicle crashes and job-related , job |
related, and numerous other types of
accidents that |
frequently result in death or permanent injuries;
|
|
(5) contributes to the disintegration of the family;
|
(6) interferes with the duty of parents and legal |
guardians to provide
for the physical, mental, and |
emotional well-being of their unemancipated
children and |
with the rights of parents and legal guardians to raise |
the
children free from the physical, mental, and emotional |
trauma that is
caused by the abuse of cannabis and |
controlled substances;
|
(7) encourages and fosters the growth of
urban gangs |
engaged in violent and nonviolent crime;
|
(8) furthers the interests of elements of organized |
criminals;
|
(9) increases the dropout, truancy, and failure rates |
of children
attending schools within this State;
|
(10) stifles educational opportunities for both drug |
users and nonusers;
|
(11) contributes to the unemployment rate within this |
State;
|
(12) reduces the productivity of employees, retards |
competitiveness
within the established business community, |
and hinders the formation and
growth of new businesses;
|
(13) reduces the value of real property;
|
(14) costs the citizens of this State billions of |
dollars in federal,
State, and local taxes for increased |
costs for law enforcement, welfare, and education;
|
(15) costs the citizens of this State billions of |
|
dollars in increased
costs for consumer goods and |
services, insurance premiums, and medical treatment;
|
(16) hinders citizens from freely using public parks, |
streets, schools,
forest preserves, playgrounds, and other |
public areas; and
|
(17) contributes to a lower quality of life and |
standard of living for
the citizens of this State.
|
(b) The General Assembly finds that, in light of the |
findings made
in subsection (a), any violation of the Cannabis |
Control Act, the Methamphetamine Control and Community |
Protection Act, or the
Illinois Controlled Substances Act that |
involves the nonconsensual use of
the real or personal |
property of another person, whether that person is an
|
individual or a governmental or private entity representing a |
collection of
individuals, is so injurious to the property |
interests and the well-being
of that person that the violation |
gives rise to a cause of action sounding
in tort. The General |
Assembly also finds that the delivery of a controlled
|
substance or cannabis in violation of the Illinois Controlled |
Substances
Act, the Methamphetamine Control and Community |
Protection Act, or the Cannabis Control Act to an |
unemancipated minor under the age of
18 is so injurious to the |
rights and duties of parents and legal guardians
relating to |
the physical, mental, and emotional well-being of that minor
|
that the violation also gives rise to a cause of action |
sounding in tort.
The General Assembly further finds that |
|
although the damage a person
suffers through the nonconsensual |
use of his property to facilitate such a
violation or the |
damage a parent or legal guardian suffers as the result of
the |
delivery to the minor of cannabis or a substance in violation |
of the
Cannabis Control Act, the Methamphetamine Control and |
Community Protection Act, or the Illinois Controlled |
Substances Act is often
subtle and incapable of precise |
articulation, that damage is nonetheless
real and substantial. |
It is therefore the intent of the General Assembly
to create a |
cause of action with statutorily prescribed damages for the
|
conduct described in this Act.
|
(Source: P.A. 94-556, eff. 9-11-05.)
|
Section 150. The Crime Victims Compensation Act is amended |
by changing Section 2 as follows:
|
(740 ILCS 45/2) (from Ch. 70, par. 72)
|
Sec. 2. Definitions. As used in this Act, unless the |
context
otherwise requires:
|
(a) "Applicant" means any person who applies for |
compensation under this
Act or any person the Court of Claims |
or the Attorney General finds is entitled to compensation,
|
including the guardian of a minor or of a person under legal |
disability. It
includes any person who was a dependent of a |
deceased victim of a crime of
violence for his or her support |
at the time of the death of that victim.
|
|
The changes made to this subsection by this amendatory Act |
of the 101st General Assembly apply to actions commenced or |
pending on or after January 1, 2022. |
(b) "Court of Claims" means the Court of Claims created by |
the Court
of Claims Act.
|
(c) "Crime of violence" means and includes any offense |
defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, |
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, |
12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, |
12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, |
12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, |
or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or |
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of |
1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of |
the Cemetery Protection Act, Section 125 of the Stalking No |
Contact Order Act, Section 219 of the Civil No Contact Order |
Act, driving under
the influence as defined in Section
11-501 |
of the Illinois Vehicle Code, a violation of Section 11-401 of |
the Illinois Vehicle Code, provided the victim was a |
pedestrian or was operating a vehicle moved solely by human |
power or a mobility device at the time of contact, and a |
violation of Section 11-204.1 of the Illinois Vehicle Code; so |
long as the offense did not occur
during a civil riot, |
insurrection or rebellion. "Crime of violence" does not
|
include any other offense or crash accident involving a motor |
|
vehicle except those
vehicle offenses specifically provided |
for in this paragraph. "Crime of
violence" does include all of |
the offenses specifically provided for in this
paragraph that |
occur within this State but are subject to federal |
jurisdiction
and crimes involving terrorism as defined in 18 |
U.S.C. 2331.
|
(d) "Victim" means (1) a person killed or injured in this |
State as a
result of a crime of violence perpetrated or |
attempted against him or her,
(2) the
spouse, parent, or child |
of a person killed or injured in this State as a result of a |
crime of
violence perpetrated or attempted against the person, |
or anyone living in the household of a person killed or injured |
in a relationship that is substantially similar to that of a |
parent, spouse, or child, (3) a person killed
or injured in |
this State while attempting to assist a person against whom a
|
crime of violence is being perpetrated or attempted, if that |
attempt of
assistance would be expected of a reasonable person |
under the circumstances,
(4) a person killed or injured in |
this State while assisting a law
enforcement official |
apprehend a person who has perpetrated a crime of
violence or |
prevent the perpetration of any such crime if that
assistance |
was in response to the express request of the law enforcement
|
official, (5) a person who personally
witnessed a violent |
crime, (5.05) a person who will be called as a witness by the |
prosecution to establish a necessary nexus between the |
offender and the violent crime, (5.1) solely
for the purpose |
|
of compensating for pecuniary loss incurred for
psychological |
treatment of a mental or emotional condition caused or |
aggravated
by the crime, any other person under the age of 18 |
who is the brother, sister,
half brother, or half sister
of a |
person killed or injured in
this State as a
result of a crime |
of violence, (6) an Illinois resident
who is a victim of a |
"crime of violence" as defined in this Act except, if
the crime |
occurred outside this State, the resident has the same rights
|
under this Act as if the crime had occurred in this State upon |
a showing
that the state, territory, country, or political |
subdivision of a country
in which the crime occurred does not |
have a compensation of victims of
crimes law for which that |
Illinois resident is eligible, (7) a deceased person whose |
body is dismembered or whose remains are desecrated as the |
result of a crime of violence, or (8) solely for the purpose of |
compensating for pecuniary loss incurred for psychological |
treatment of a mental or emotional condition caused or |
aggravated by the crime, any parent, spouse, or child under |
the age of 18 of a deceased person whose body is dismembered or |
whose remains are desecrated as the result of a crime of |
violence.
|
(e) "Dependent" means a relative of a deceased victim who |
was wholly or
partially dependent upon the victim's income at |
the time of his or her
death
and shall include the child of a |
victim born after his or her death.
|
(f) "Relative" means a spouse, parent, grandparent, |
|
stepfather, stepmother,
child, grandchild, brother, |
brother-in-law, sister, sister-in-law, half
brother, half |
sister, spouse's parent, nephew, niece, uncle, aunt, or anyone |
living in the household of a person killed or injured in a |
relationship that is substantially similar to that of a |
parent, spouse, or child.
|
(g) "Child" means a son or daughter and includes a |
stepchild, an adopted child or a child born out of wedlock.
|
(h) "Pecuniary loss" means, in the case of injury, |
appropriate medical
expenses and hospital expenses including |
expenses of medical
examinations, rehabilitation, medically |
required
nursing care expenses, appropriate
psychiatric care |
or psychiatric counseling expenses, appropriate expenses for |
care or
counseling by a licensed clinical psychologist, |
licensed clinical social
worker, licensed professional |
counselor, or licensed clinical professional counselor and |
expenses for treatment by Christian Science practitioners and
|
nursing care appropriate thereto; transportation expenses to |
and from medical and counseling treatment facilities; |
prosthetic appliances, eyeglasses, and
hearing aids necessary |
or damaged as a result of the
crime; costs associated with |
trafficking tattoo removal by a person authorized or licensed |
to perform the specific removal procedure; replacement costs |
for clothing and bedding used as evidence; costs
associated |
with temporary lodging or relocation necessary as a
result of |
the crime, including, but not limited to, the first month's |
|
rent and security deposit of the dwelling that the claimant |
relocated to and other reasonable relocation expenses incurred |
as a result of the violent crime;
locks or windows necessary or |
damaged as a result of the crime; the purchase,
lease, or |
rental of equipment necessary to create usability of and
|
accessibility to the victim's real and personal property, or |
the real and
personal property which is used by the victim, |
necessary as a result of the
crime; the costs of appropriate |
crime scene clean-up;
replacement
services loss, to a maximum |
of $1,250 per month;
dependents replacement
services loss, to |
a maximum of $1,250 per month; loss of tuition paid to
attend |
grammar school or high school when the victim had been |
enrolled as a
student prior to the injury, or college or |
graduate school when
the victim had been enrolled as a day or |
night student prior to
the injury when the victim becomes |
unable to continue attendance at school
as a result of the |
crime of violence perpetrated against him or her; loss
of
|
earnings, loss of future earnings because of disability |
resulting from the
injury, and, in addition, in the case of |
death, expenses for funeral, burial, and travel and transport |
for survivors
of homicide victims to secure bodies of deceased |
victims and to transport
bodies for burial all of which
may be |
awarded up to a maximum of $10,000 and loss of support of the |
dependents of
the victim; in the case of dismemberment or |
desecration of a body, expenses for funeral and burial, all of |
which may be awarded up to a maximum of $10,000.
Loss of future |
|
earnings shall be reduced by any income from substitute work
|
actually performed by the victim or by income he or she would |
have earned
in
available appropriate substitute work he or she |
was capable of performing
but
unreasonably failed to |
undertake. Loss of earnings, loss of future
earnings and loss |
of support shall be determined on the basis of the
victim's |
average net monthly earnings for the 6 months immediately
|
preceding the date of the injury or on $2,400 per month, |
whichever is less or, in cases where the absences commenced |
more than 3 years from the date of the crime, on the basis of |
the net monthly earnings for the 6 months immediately |
preceding the date of the first absence, not to exceed $2,400 |
per month.
If a divorced or legally separated applicant is |
claiming loss of support
for a minor child of the deceased, the |
amount of support for each child
shall be based either on the |
amount of support
pursuant to the judgment prior to the date of |
the deceased
victim's injury or death, or, if the subject of |
pending litigation filed by
or on behalf of the divorced or |
legally separated applicant prior to the
injury or death, on |
the result of that litigation. Real and personal
property |
includes, but is not limited to, vehicles, houses, apartments,
|
town houses, or condominiums. Pecuniary loss does not
include |
pain and suffering or property loss or damage.
|
The changes made to this subsection by this amendatory Act |
of the 101st General Assembly apply to actions commenced or |
pending on or after January 1, 2022. |
|
(i) "Replacement services loss" means expenses reasonably |
incurred in
obtaining ordinary and necessary services in lieu |
of those the
injured person would have performed, not for |
income, but for the benefit
of himself or herself or his or her |
family, if he or she had not
been injured.
|
(j) "Dependents replacement services loss" means loss |
reasonably incurred
by dependents or private legal guardians |
of minor dependents after a victim's death in obtaining |
ordinary and necessary
services in lieu of those the victim |
would have performed, not for income,
but for their benefit, |
if he or she had not been fatally injured.
|
(k) "Survivor" means immediate family including a parent, |
stepfather, stepmother, child,
brother, sister, or spouse.
|
(l) "Parent" means a natural parent, adopted parent, |
stepparent, or permanent legal guardian of another person. |
(m) "Trafficking tattoo" is a tattoo which is applied to a |
victim in connection with the commission of a violation of |
Section 10-9 of the Criminal Code of 2012. |
(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21; |
102-27, eff. 6-25-21.)
|
Section 155. The Automotive Collision Repair Act is |
amended by changing Sections 10 and 30 as follows:
|
(815 ILCS 308/10)
|
Sec. 10. Definitions. As used in this Act:
|
|
"Automotive collision and body repair" means all repairs |
that are commonly
performed by a
body repair technician to |
restore a motor vehicle damaged in a crash an accident or
|
collision to a
condition
similar to
the motor vehicle |
condition
prior to the damage or deterioration including, but |
not limited to, the
diagnosis,
installation, exchange,
repair, |
or refinishing of exterior body panels, trim, lighting, and
|
structural chassis.
The term does not include commercial fleet |
repair or
maintenance
transactions involving 2 or more motor |
vehicles or ongoing service or
maintenance
contracts involving
|
motor vehicles used primarily for business purposes.
|
"Automotive collision and body repair facility" means a |
person, firm,
association, or
corporation that for |
compensation engages in the business of cosmetic repair,
|
structural
repair, or refinishing of motor vehicles with |
defect related to crash accident or
collision.
|
"New part" means a part or component manufactured or |
supplied by the original
motor vehicle
manufacturer in an |
unused condition.
|
"Used part" means an original motor vehicle manufacturer |
part or component
removed from
a motor vehicle of similar |
make, model, and condition without the benefit of
being
|
rebuilt or
remanufactured.
|
"Rebuilt part" or "reconditioned part" means a used part |
that has been
inspected and
remanufactured to restore |
functionality and performance.
|
|
"Aftermarket part" means a new part that is not |
manufactured or supplied by
the original
motor vehicle |
manufacturer for addition to, or replacement of, exterior body
|
panel
or trim.
|
(Source: P.A. 93-565, eff. 1-1-04.)
|
(815 ILCS 308/30)
|
Sec. 30. Consumers authorizations of repairs or other |
actions. After
receiving the
estimate, the owner or the |
owner's agent may (i) authorize the repairs at the
estimate of |
cost and
time in writing, or (ii) request the return of the
|
motor vehicle in a
disassembled state. If the consumer elects |
the
return of the motor
vehicle in a disassembled or partially |
repaired state, the consumer may also
request the return of
|
all parts that were removed during disassembly or repair with |
the exception of
parts that were
damaged in a crash an accident |
or collision to the extent that retention by the
collision |
repair
facility was not
feasible. The collision repair |
facility shall make the motor vehicle
available for possession |
within 3 working days after the time of
request.
The collision |
repair facility may receive payment for only those items on |
the
schedule of charges to which the facility is entitled.
|
(Source: P.A. 93-565, eff. 1-1-04.)
|
Section 995. No acceleration or delay. Where this Act |
makes changes in a statute that is represented in this Act by |