Bill Text: IL HB5624 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Illinois Vehicle Code. Removes language requiring that the local police of a municipal authority issue a parking ticket to a person who violates provisions concerning parking places reserved for persons with disabilities. Provides for the issuance of free parking stickers to certain persons with disabilities. Provides that to be eligible for a free parking sticker, a person with disabilities must present a certification from a physician that the person meets certain physical requirements. Increases the fine from $250 to $300 for parking in a spot reserved for persons with disabilities without authorization. Increases the fine from $500 to $600 for improperly using a disability license plate, decal, or device to park in a parking place reserved for a person with disabilities. Increases the fines for a violation of the Section concerning fictitious or unlawfully altered disability license plates or parking decals or devices from $500 to $1,000 for a first offense and from $1,000 to $2,000 for a second or subsequent offense. Provides that a physician who violates the Section concerning parking in a place reserved for a person with disabilities shall be fined an amount equal to double the amount of any applicable penalty.
Spectrum: Slight Partisan Bill (Democrat 19-9)
Status: (Passed) 2012-07-23 - Public Act . . . . . . . . . 97-0845 [HB5624 Detail]
Download: Illinois-2011-HB5624-Chaptered.html
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Public Act 097-0845 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 11-1301.1, 11-1301.2, 11-1301.3, and 11-1301.5 as | ||||
follows:
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(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
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Sec. 11-1301.1. Persons with disabilities - Parking | ||||
privileges - Exemptions. A motor vehicle bearing registration | ||||
plates issued to a person with
disabilities, as defined by | ||||
Section 1-159.1, pursuant to Section 3-616 or to a
disabled | ||||
veteran pursuant to Section 3-609 or a special decal or device | ||||
issued
pursuant to Section 3-616 or pursuant to Section | ||||
11-1301.2 of this Code or a
motor vehicle registered in another | ||||
jurisdiction, state, district, territory or
foreign country | ||||
upon which is displayed a registration plate, special decal or
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device issued by the other jurisdiction designating the vehicle | ||||
is operated by
or for a person with disabilities shall be | ||||
exempt from the payment of parking
meter fees until January 1, | ||||
2014, and exempt from any statute or ordinance imposing time | ||||
limitations
on parking, except limitations of one-half hour or | ||||
less, on any street or
highway zone, a parking area subject to | ||||
regulation under subsection (a) of Section 11-209 of this Code, |
or any parking lot or parking place which
are owned, leased or | ||
owned and leased by a municipality or a municipal
parking | ||
utility; and shall be recognized by state and local authorities
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as a valid license plate or parking device and shall receive | ||
the same
parking privileges as residents of this State; but, | ||
such vehicle shall be
subject to the laws which prohibit | ||
parking in "no stopping" and "no
standing" zones in front of or | ||
near fire hydrants, driveways, public
building entrances and | ||
exits, bus stops and loading areas, and is
prohibited from | ||
parking where the motor vehicle constitutes a traffic
hazard, | ||
whereby such motor vehicle shall be moved at the instruction | ||
and
request of a law enforcement officer to a location | ||
designated by the
officer. Any motor vehicle bearing | ||
registration plates or a special decal
or device specified in | ||
this Section or in Section 3-616 of this Code or
such parking | ||
device as specifically authorized in Section 11-1301.2 as
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evidence that the vehicle is operated by or for a person with | ||
disabilities or
disabled veteran may park, in addition to any
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other lawful place, in any parking place specifically reserved | ||
for such
vehicles by the posting of an official sign as | ||
provided under Section 11-301.
Parking privileges granted by | ||
this Section are strictly limited
to the person to whom the | ||
special registration plates, special decal or
device were | ||
issued and to qualified operators acting under his express
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direction while the person with disabilities is present.
A | ||
person to whom privileges were granted shall, at the request of |
a
police officer or any other person invested by law with | ||
authority to direct,
control, or regulate traffic, present an | ||
identification card with a picture as
verification that the
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person is the person to whom the special registration plates, | ||
special decal or
device was issued.
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Such parking privileges granted by this Section are also | ||
extended to
motor vehicles of not-for-profit organizations | ||
used for the transportation of
persons with disabilities when | ||
such motor vehicles display the decal or device
issued pursuant | ||
to Section 11-1301.2 of this Code.
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No person shall use any area for the parking of any motor | ||
vehicle
pursuant to Section 11-1303 of this Code or where an | ||
official sign
controlling such area expressly prohibits | ||
parking at any time or during
certain hours.
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Beginning January 1, 2014, a vehicle displaying a decal or | ||
device issued under subsection (c-5) of Section 11-1301.2 of | ||
this Code shall be exempt from the payment of fees generated by | ||
parking in a metered space or in a publicly owned parking | ||
structure or area. | ||
(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
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(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
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Sec. 11-1301.2. Special decals for parking; persons with | ||
disabilities.
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(a) The Secretary of State shall provide for, by | ||
administrative rules, the
design, size, color, and placement of |
a person with disabilities motorist decal
or device
and shall | ||
provide for, by administrative
rules, the content and form of | ||
an application for a person with disabilities
motorist decal or | ||
device,
which shall be used by local authorities in the | ||
issuance thereof to a
person with temporary disabilities, | ||
provided that the decal or device is
valid for no more than 90 | ||
days, subject to renewal for like periods based upon
continued | ||
disability, and further provided that the decal or device | ||
clearly
sets forth the date that the decal or device expires.
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The application shall
include the requirement of an Illinois | ||
Identification Card number or a State
of Illinois driver's | ||
license number.
This decal or device may be used by the | ||
authorized holder to designate and identify a vehicle not owned | ||
or displaying a
registration plate as provided in Sections | ||
3-609 and 3-616 of this Act to
designate when the vehicle is | ||
being used to transport said person or persons
with | ||
disabilities, and thus is entitled to enjoy all the privileges | ||
that would
be afforded a person with disabilities licensed | ||
vehicle.
Person with disabilities decals or devices issued and | ||
displayed pursuant to
this Section shall be recognized and | ||
honored by all local authorities
regardless of which local | ||
authority issued such decal or device.
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The decal or device shall be issued only upon a showing by | ||
adequate
documentation that the person for whose benefit the | ||
decal or device is to be
used has a temporary disability as | ||
defined in Section 1-159.1 of this
Code.
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(b) The local governing authorities shall be responsible | ||
for the provision
of such decal or device, its issuance and | ||
designated placement within the
vehicle. The cost of such decal | ||
or device shall be at the discretion of
such local governing | ||
authority.
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(c) The Secretary of State may, pursuant to Section | ||
3-616(c), issue
a person with disabilities parking decal or | ||
device to a person with
disabilities as defined by Section | ||
1-159.1. Any person with disabilities
parking decal or device | ||
issued by the Secretary of State shall be registered to
that | ||
person with disabilities in the form to be prescribed by the | ||
Secretary of
State. The person with disabilities parking decal | ||
or device shall not display
that person's address. One | ||
additional decal or device may be issued to an
applicant upon | ||
his or her written request and with the approval of the
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Secretary of
State.
The written request must include a | ||
justification of the need for the
additional decal or device.
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(c-5) Beginning January 1, 2014, the Secretary shall | ||
provide by administrative rule for the issuance of a separate | ||
and distinct parking decal or device for persons with | ||
disabilities as defined by Section 1-159.1 of this Code. The | ||
authorized holder of a decal or device issued under this | ||
subsection (c-5) shall be exempt from the payment of fees | ||
generated by parking in a metered space, a parking area subject | ||
to paragraph (10) of subsection (a) of Section 11-209 of this | ||
Code, or a publicly owned parking structure or area. |
The Secretary shall issue a meter-exempt decal or device to | ||
a person with
disabilities who: (i) has been issued | ||
registration plates under Section 3-609 or 3-616 of this Code | ||
or a special decal or device under this Section, (ii) holds a | ||
valid Illinois driver's license; and (iii) is unable to do one | ||
or more of the following: | ||
(1) manage, manipulate, or insert coins, or obtain | ||
tickets or tokens in parking meters or ticket machines in | ||
parking lots or parking structures, due to the lack of fine | ||
motor control of both hands; | ||
(2) reach above his or her head to a height of 42 | ||
inches from the ground, due to a lack of finger, hand, or | ||
upper extremity strength or mobility; | ||
(3) approach a parking meter due to his or her use of a | ||
wheelchair or other device for mobility; or | ||
(4) walk more than 20 feet due to an orthopedic, | ||
neurological, cardiovascular, or lung condition in which | ||
the degree of debilitation is so severe that it almost | ||
completely impedes the ability to walk. | ||
The application for a meter-exempt parking decal or device | ||
shall contain a statement certified by a licensed physician, | ||
physician assistant, or advanced practice nurse attesting to | ||
the nature and estimated duration of the applicant's condition | ||
and verifying that the applicant meets the physical | ||
qualifications specified in this subsection (c-5). | ||
Notwithstanding the requirements of this subsection (c-5), |
the Secretary shall issue a meter-exempt decal or device to a | ||
person who has been issued registration plates under Section | ||
3-616 of this Code or a special decal or device under this | ||
Section, if the applicant is the parent or guardian of a person | ||
with disabilities who is under 18 years of age and incapable of | ||
driving. | ||
(d) Replacement decals or devices may be issued for lost, | ||
stolen, or
destroyed decals upon application and payment of a | ||
$10 fee. The replacement
fee may be waived for individuals that | ||
have claimed and received a grant under
the Senior Citizens and | ||
Disabled Persons Property Tax Relief and Pharmaceutical
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Assistance Act.
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(Source: P.A. 95-167, eff. 1-1-08; 96-72, eff. 1-1-10; 96-79, | ||
eff. 1-1-10; 96-1000, eff. 7-2-10.)
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(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
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Sec. 11-1301.3. Unauthorized use of parking places | ||
reserved for persons with
disabilities. | ||
(a) It shall be prohibited to park any motor vehicle which | ||
is not properly
displaying
registration plates or decals issued | ||
to a person with disabilities, as defined
by Section 1-159.1, | ||
pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | ||
disabled veteran pursuant to Section 3-609 of this Act, as | ||
evidence that the
vehicle is operated by or for a person with | ||
disabilities or disabled veteran,
in any parking place, | ||
including any private
or public offstreet parking facility, |
specifically reserved, by the
posting of an official sign as | ||
designated under Section 11-301, for
motor vehicles displaying | ||
such registration plates.
It shall be prohibited to park any | ||
motor vehicle in a designated access
aisle adjacent to any | ||
parking place specifically reserved for persons with
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disabilities, by the posting of an official sign as designated | ||
under Section
11-301, for motor vehicles displaying such | ||
registration plates.
When using the parking privileges for | ||
persons with disabilities, the parking
decal or device must be | ||
displayed properly in the vehicle where it is clearly
visible | ||
to law enforcement personnel, either hanging from the rearview | ||
mirror
or placed on the dashboard of the vehicle in clear view.
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Disability license plates and parking decals and devices are | ||
not transferable from person to person. Proper usage of the | ||
disability license plate or parking decal or device requires | ||
the authorized holder to be present and enter or exit the | ||
vehicle at the time the parking privileges are being used. It | ||
is a violation of this Section to park in a space reserved for | ||
a person with disabilities if the authorized holder of the | ||
disability license plate or parking decal or device does not | ||
enter or exit the vehicle at the time the parking privileges | ||
are being used. Any motor vehicle properly displaying a | ||
disability license plate or a
parking decal or device | ||
containing the International symbol of access
issued to persons | ||
with disabilities by any local authority, state, district,
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territory or foreign country shall be recognized by State and |
local
authorities as a valid license plate or device and | ||
receive the same parking
privileges as residents of this State.
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(a-1) An individual with a vehicle displaying disability | ||
license plates or a parking decal or device issued to a | ||
qualified person with a disability under Sections 3-616, | ||
11-1301.1, or 11-1301.2 or to a disabled veteran under Section | ||
3-609 is in violation of this Section if (i) the person using | ||
the disability license plate or parking decal or device is not | ||
the authorized holder of the disability license plate or | ||
parking decal or device or is not transporting the authorized | ||
holder of the disability license plate or parking decal or | ||
device to or from the parking location and (ii) the person uses | ||
the disability license plate or parking decal or device to | ||
exercise any privileges granted through the disability license | ||
plate or parking decals or devices under this Code.
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(b) Any person or local authority owning or operating any | ||
public or private
offstreet parking facility may, after | ||
notifying the police or sheriff's
department, remove or cause | ||
to be removed to the nearest garage or other
place of safety | ||
any vehicle parked within a stall or space reserved for
use by | ||
a person with disabilities which does not
display person with | ||
disabilities registration
plates or a special decal or device | ||
as required under this Section.
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(c) Any person found guilty of violating the provisions of | ||
subsection (a) shall be fined $250 in addition to any costs or | ||
charges connected
with the removal or storage of any motor |
vehicle authorized under this
Section; but municipalities by | ||
ordinance may impose a fine up to $350
and shall display signs | ||
indicating the fine imposed. If the amount of
the fine is | ||
subsequently changed, the municipality shall change the sign to
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indicate the current amount of the fine.
It shall not be a | ||
defense to a charge under this Section that either the sign | ||
posted
pursuant to this
Section or the intended accessible | ||
parking place does not comply with the technical requirements | ||
of Section 11-301,
Department
regulations, or local ordinance | ||
if a reasonable person would be made aware by
the
sign or | ||
notice on or near the parking place that the place is reserved | ||
for a
person
with
disabilities.
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(c-1) Any person found guilty of violating the provisions | ||
of subsection (a-1) a first time shall be fined $600 $500 . Any | ||
person found guilty of violating subsection (a-1) a second time | ||
shall be fined $750. Any person found guilty of violating | ||
subsection (a-1) a third or subsequent time shall be fined | ||
$1,000. The circuit clerk shall distribute 50% of the fine | ||
imposed on any person who is found guilty of or pleads guilty | ||
to violating this Section, including any person placed on court | ||
supervision for violating this Section, to the law enforcement | ||
agency that issued the citation or made the arrest. If more | ||
than one law enforcement agency is responsible for issuing the | ||
citation or making the arrest, the 50% of the fine imposed | ||
shall be shared equally.
If an officer of the Secretary of | ||
State Department of Police arrested a person for a violation of |
this Section, 50% of the fine imposed shall be deposited into | ||
the Secretary of State Police Services Fund. | ||
(d) Local authorities shall impose fines as established in | ||
subsections
(c) and (c-1) for violations of this Section.
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(e) As used in this Section, "authorized holder" means an | ||
individual
issued a disability
license plate under Section | ||
3-616 of this
Code, an individual issued a parking decal or | ||
device
under Section 11-1301.2 of this Code, or an individual | ||
issued a disabled veteran's license plate under Section 3-609 | ||
of this Code. | ||
(f) Any person who commits a violation of subsection (a-1) | ||
may have his or her driving privileges suspended or revoked by | ||
the Secretary of State for a period of time determined by the | ||
Secretary of State. The Secretary of State may also suspend or | ||
revoke the disability license plates or parking decal or device | ||
for a period of time determined by the Secretary of State.
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(g) Any police officer may seize the parking decal
or | ||
device from any person who commits a violation of this Section. | ||
Any police officer may seize the disability license plate upon | ||
authorization from the Secretary of State. Any police officer | ||
may request that the Secretary of State revoke the parking | ||
decal or device or the disability license plate of any person | ||
who commits a violation of this Section. | ||
(Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, | ||
eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962, | ||
eff. 7-2-10; 96-1000, eff. 7-2-10.)
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(625 ILCS 5/11-1301.5)
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Sec. 11-1301.5. Fictitious or unlawfully altered | ||
disability
license plate or parking decal or device. | ||
(a) As used in this Section:
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"Fictitious disability license plate or parking decal or
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device" means any issued disability license plate or parking
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decal
or device, or any license plate issued to a disabled | ||
veteran under Section 3-609 of this Code, that has been issued | ||
by the Secretary of State or an authorized unit
of local | ||
government that was issued based upon false information | ||
contained on
the required application.
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"False information" means any incorrect or inaccurate | ||
information
concerning
the name, date of birth, social security | ||
number, driver's license number,
physician certification, or | ||
any other information required on the Persons with Disabilities | ||
Certification for Plate or Parking Placard, on the Application | ||
for Replacement Disability Parking Placard, or on the
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application
for license plates issued to disabled veterans | ||
under Section 3-609 of this Code, that
falsifies the content of | ||
the application.
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"Unlawfully altered disability
license plate or parking
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permit or device" means any disability license plate or parking
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permit or device, or any license plate issued to a disabled | ||
veteran under Section 3-609 of this Code, issued by the | ||
Secretary of State or an authorized unit of
local government |
that has been physically altered or changed in such manner
that | ||
false information appears on the license plate or parking decal | ||
or device.
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"Authorized holder" means an individual issued a | ||
disability
license plate under Section 3-616 of this Code or an | ||
individual issued a parking decal or device under Section | ||
11-1301.2 of this Code, or an individual issued a disabled | ||
veteran's license plate under Section 3-609 of this Code.
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(b) It is a violation of this Section for any person:
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(1) to knowingly possess any fictitious or unlawfully | ||
altered disability license plate or parking decal or | ||
device;
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(2) to knowingly issue or assist in the issuance of, by | ||
the Secretary of
State or unit of local government, any | ||
fictitious disability
license plate or parking decal or | ||
device;
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(3) to knowingly alter any disability license plate or
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parking decal or device;
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(4) to knowingly manufacture, possess, transfer, or | ||
provide any
documentation used in the application process | ||
whether real or fictitious, for
the purpose of obtaining a | ||
fictitious disability license plate or
parking decal or | ||
device;
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(5) to knowingly provide any false information to the | ||
Secretary of State
or a unit of local government in order | ||
to obtain a disability
license plate or parking decal or |
device; or
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(6) to knowingly transfer a disability license plate or
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parking decal or device for the purpose of exercising the | ||
privileges granted
to an authorized holder of a disability
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license plate or parking
decal or device under this Code in | ||
the absence of the authorized holder ; or .
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(7) for a physician, physician assistant, or advanced | ||
practice nurse to knowingly falsify a certification that a | ||
person is a person with disabilities as defined by Section | ||
1-159.1 of this Code. | ||
(c) Sentence.
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(1) Any person convicted of a violation of paragraph | ||
(1), (2), (3), (4), or (5) , or (7) of subsection (b) of | ||
this Section shall be guilty of
a Class A misdemeanor and | ||
fined not less than $1,000 $500 for a first offense and | ||
shall be guilty of a Class 4 felony and fined not less than | ||
$2,000 $1,000 for a second or subsequent offense. Any | ||
person convicted of a violation of subdivision (b)(6) of | ||
this Section is guilty of a Class A misdemeanor and shall | ||
be fined not less than $1,000 $500 for a first offense and | ||
not less than $2,000 $1,000 for a second or subsequent | ||
offense. The circuit clerk shall distribute one-half of any | ||
fine imposed on any person who is found guilty of or pleads | ||
guilty to violating this Section, including any person | ||
placed on court supervision for violating this Section, to | ||
the law enforcement agency that issued the citation or made |
the arrest. If more than one law enforcement agency is | ||
responsible for issuing the citation or making the arrest, | ||
one-half of the fine imposed shall be shared equally.
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(2) Any person who commits a violation of this Section | ||
may have his
or her driving privileges suspended or revoked | ||
by the Secretary of State for a
period of time determined | ||
by the Secretary of State. The Secretary of State may | ||
suspend or revoke the parking decal or device or the | ||
disability license plate of any person who commits a | ||
violation of this Section.
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(3) Any police officer may seize the parking decal or | ||
device from any
person who commits a violation of this | ||
Section. Any police officer may seize
the disability | ||
license plate upon authorization from the
Secretary of | ||
State. Any police officer may request that the Secretary of | ||
State
revoke the parking decal or device or the disability | ||
license
plate of any person who commits a violation of this | ||
Section.
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(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
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