Bill Text: IL SB0822 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides that the Secretary of State shall immediately revoke the license, permit, or driving privileges of any driver who commits aggravated overtaking or passing of a school bus. Creates the offense of aggravated overtaking or passing of a school bus. Adds to the definition of "medical examiner's certificate" 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. Provides that beginning June 22, 2018, the Secretary shall post to a Commercial Driver License Information System driver record within one business day of electronic receipt from the Federal Motor Carrier Safety Administration certain information about a driver who has certified himself or herself as non-excepted interstate. Provides that the Secretary may waive a general knowledge test waiver for an applicant of a commercial learner's permit if the applicant: (1) is a current resident of this State; (2) is a current or former member of the military services; (3) within one year prior to the application, has been regularly employed in a military position that requires the operation of large trucks; (4) has received formal military training in the operation of a vehicle similar to the commercial motor vehicle the applicant expects to operate; and (5) provides the Secretary with a general knowledge test waiver form certifying that the applicant qualifies for the general knowledge test waiver. Makes conforming changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0223 [SB0822 Detail]
Download: Illinois-2017-SB0822-Enrolled.html
Bill Title: Amends the Illinois Vehicle Code. Provides that the Secretary of State shall immediately revoke the license, permit, or driving privileges of any driver who commits aggravated overtaking or passing of a school bus. Creates the offense of aggravated overtaking or passing of a school bus. Adds to the definition of "medical examiner's certificate" 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. Provides that beginning June 22, 2018, the Secretary shall post to a Commercial Driver License Information System driver record within one business day of electronic receipt from the Federal Motor Carrier Safety Administration certain information about a driver who has certified himself or herself as non-excepted interstate. Provides that the Secretary may waive a general knowledge test waiver for an applicant of a commercial learner's permit if the applicant: (1) is a current resident of this State; (2) is a current or former member of the military services; (3) within one year prior to the application, has been regularly employed in a military position that requires the operation of large trucks; (4) has received formal military training in the operation of a vehicle similar to the commercial motor vehicle the applicant expects to operate; and (5) provides the Secretary with a general knowledge test waiver form certifying that the applicant qualifies for the general knowledge test waiver. Makes conforming changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0223 [SB0822 Detail]
Download: Illinois-2017-SB0822-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 6-205, 6-500, 6-507.5, and 6-508.1 as follows:
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6 | (625 ILCS 5/6-205)
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7 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
8 | Hardship cases.
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9 | (a) Except as provided in this Section, the Secretary of | ||||||
10 | State shall
immediately revoke the license, permit, or driving | ||||||
11 | privileges of
any driver upon receiving a
report of the | ||||||
12 | driver's conviction of any of the following offenses:
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13 | 1. Reckless homicide resulting from the operation of a | ||||||
14 | motor vehicle;
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15 | 2. Violation of Section 11-501 of this Code or a | ||||||
16 | similar provision of
a local ordinance relating to the | ||||||
17 | offense of operating or being in physical
control of a | ||||||
18 | vehicle while under the influence of alcohol, other drug or
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19 | drugs, intoxicating compound or compounds, or any | ||||||
20 | combination thereof;
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21 | 3. Any felony under the laws of any State or the | ||||||
22 | federal government
in the commission of which a motor | ||||||
23 | vehicle was used;
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1 | 4. Violation of Section 11-401 of this Code relating to | ||||||
2 | the offense of
leaving the scene of a traffic accident | ||||||
3 | involving death or personal injury;
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4 | 5. Perjury or the making of a false affidavit or | ||||||
5 | statement under
oath to the Secretary of State under this | ||||||
6 | Code or under any
other law relating to the ownership or | ||||||
7 | operation of motor vehicles;
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8 | 6. Conviction upon 3 charges of violation of Section | ||||||
9 | 11-503 of this
Code relating to the offense of reckless | ||||||
10 | driving committed within a
period of 12 months;
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11 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
12 | of this Code;
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13 | 8. Violation of Section 11-504 of this Code relating to | ||||||
14 | the offense
of drag racing;
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15 | 9. Violation of Chapters 8 and 9 of this Code;
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16 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 arising from
the use of a | ||||||
18 | motor vehicle;
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19 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
20 | to aggravated
fleeing or attempting to elude a peace | ||||||
21 | officer;
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22 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
23 | Section 6-507,
or a similar law of any other state, | ||||||
24 | relating to the
unlawful operation of a commercial motor | ||||||
25 | vehicle;
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26 | 13. Violation of paragraph (a) of Section 11-502 of |
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1 | this Code or a
similar provision of a local ordinance if | ||||||
2 | the driver has been previously
convicted of a violation of | ||||||
3 | that Section or a similar provision of a local
ordinance | ||||||
4 | and the driver was less than 21 years of age at the time of | ||||||
5 | the
offense;
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6 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
7 | this Code or a similar provision of a local ordinance | ||||||
8 | relating to the offense of street racing;
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9 | 15. A second or subsequent conviction of driving while | ||||||
10 | the person's driver's license, permit or privileges was | ||||||
11 | revoked for reckless homicide or a similar out-of-state | ||||||
12 | offense; | ||||||
13 | 16. Any offense against any provision in this Code, or | ||||||
14 | any local ordinance, regulating the
movement of traffic | ||||||
15 | when that offense was the proximate cause of the death of | ||||||
16 | any person. Any person whose driving privileges have been | ||||||
17 | revoked pursuant to this paragraph may seek to have the | ||||||
18 | revocation terminated or to have the length of revocation | ||||||
19 | reduced by requesting an administrative hearing with the | ||||||
20 | Secretary of State prior to the projected driver's license | ||||||
21 | application eligibility date; | ||||||
22 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
23 | of this Code or a similar provision of a local ordinance; | ||||||
24 | 18. A second or subsequent conviction of illegal | ||||||
25 | possession, while operating or in actual physical control, | ||||||
26 | as a driver, of a motor vehicle, of any controlled |
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1 | substance prohibited under the Illinois Controlled | ||||||
2 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
3 | Control Act, or any methamphetamine prohibited under the | ||||||
4 | Methamphetamine Control and Community Protection Act. A | ||||||
5 | defendant found guilty of this offense while operating a | ||||||
6 | motor vehicle
shall have an entry made in the court record | ||||||
7 | by the presiding judge that
this offense did occur while | ||||||
8 | the defendant was operating a motor vehicle
and order the | ||||||
9 | clerk of the court to report the violation to the Secretary
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10 | of State ; . | ||||||
11 | 19. Violation of subsection (a) of Section 11-1414 of | ||||||
12 | this Code, or a similar provision of a local ordinance, | ||||||
13 | relating to the offense of overtaking or passing of a | ||||||
14 | school bus when the driver, in committing the violation, is | ||||||
15 | involved in a motor vehicle accident that results in death | ||||||
16 | to another and the violation is a proximate cause of the | ||||||
17 | death. | ||||||
18 | (b) The Secretary of State shall also immediately revoke | ||||||
19 | the license
or permit of any driver in the following | ||||||
20 | situations:
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21 | 1. Of any minor upon receiving the notice provided for | ||||||
22 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
23 | minor has been
adjudicated under that Act as having | ||||||
24 | committed an offense relating to
motor vehicles prescribed | ||||||
25 | in Section 4-103 of this Code;
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26 | 2. Of any person when any other law of this State |
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1 | requires either the
revocation or suspension of a license | ||||||
2 | or permit;
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3 | 3. Of any person adjudicated under the Juvenile Court | ||||||
4 | Act of 1987 based on an offense determined to have been | ||||||
5 | committed in furtherance of the criminal activities of an | ||||||
6 | organized gang as provided in Section 5-710 of that Act, | ||||||
7 | and that involved the operation or use of a motor vehicle | ||||||
8 | or the use of a driver's license or permit. The revocation | ||||||
9 | shall remain in effect for the period determined by the | ||||||
10 | court. | ||||||
11 | (c)(1) Whenever a person is convicted of any of the | ||||||
12 | offenses enumerated in
this Section, the court may recommend | ||||||
13 | and the Secretary of State in his
discretion, without regard to | ||||||
14 | whether the recommendation is made by the
court may, upon | ||||||
15 | application,
issue to the person a
restricted driving permit | ||||||
16 | granting the privilege of driving a motor
vehicle between the | ||||||
17 | petitioner's residence and petitioner's place
of employment or | ||||||
18 | within the scope of the petitioner's employment related
duties, | ||||||
19 | or to allow the petitioner to transport himself or herself or a | ||||||
20 | family member
of the petitioner's household to a medical | ||||||
21 | facility for the receipt of necessary medical care or to allow | ||||||
22 | the
petitioner to transport himself or herself to and from | ||||||
23 | alcohol or drug remedial or rehabilitative activity | ||||||
24 | recommended by a licensed service provider, or to allow the
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25 | petitioner to transport himself or herself or a family member | ||||||
26 | of the petitioner's household to classes, as a student, at an |
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1 | accredited educational
institution, or to allow the petitioner | ||||||
2 | to transport children, elderly persons, or persons with | ||||||
3 | disabilities who do not hold driving privileges and are living | ||||||
4 | in the petitioner's household to and from daycare; if the | ||||||
5 | petitioner is able to demonstrate that no alternative means
of | ||||||
6 | transportation is reasonably available and that the petitioner | ||||||
7 | will not endanger
the public safety or welfare; provided that | ||||||
8 | the Secretary's discretion shall be
limited to cases where | ||||||
9 | undue hardship, as defined by the rules of the Secretary of | ||||||
10 | State, would result from a failure to issue the
restricted | ||||||
11 | driving permit.
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12 | (1.5) A person subject to the provisions of paragraph 4 | ||||||
13 | of subsection (b) of Section 6-208 of this Code may make | ||||||
14 | application for a restricted driving permit at a hearing | ||||||
15 | conducted under Section 2-118 of this Code after the | ||||||
16 | expiration of 5 years from the effective date of the most | ||||||
17 | recent revocation, or after 5 years from the date of | ||||||
18 | release from a period of imprisonment resulting from a | ||||||
19 | conviction of the most recent offense, whichever is later, | ||||||
20 | provided the person, in addition to all other requirements | ||||||
21 | of the Secretary, shows by clear and convincing evidence: | ||||||
22 | (A) a minimum of 3 years of uninterrupted | ||||||
23 | abstinence from alcohol and the unlawful use or | ||||||
24 | consumption of cannabis under the Cannabis Control | ||||||
25 | Act, a controlled substance under the Illinois | ||||||
26 | Controlled Substances Act, an intoxicating compound |
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1 | under the Use of Intoxicating Compounds Act, or | ||||||
2 | methamphetamine under the Methamphetamine Control and | ||||||
3 | Community Protection Act; and | ||||||
4 | (B) the successful completion of any | ||||||
5 | rehabilitative treatment and involvement in any | ||||||
6 | ongoing rehabilitative activity that may be | ||||||
7 | recommended by a properly licensed service provider | ||||||
8 | according to an assessment of the person's alcohol or | ||||||
9 | drug use under Section 11-501.01 of this Code. | ||||||
10 | In determining whether an applicant is eligible for a | ||||||
11 | restricted driving permit under this paragraph (1.5), the | ||||||
12 | Secretary may consider any relevant evidence, including, | ||||||
13 | but not limited to, testimony, affidavits, records, and the | ||||||
14 | results of regular alcohol or drug tests. Persons subject | ||||||
15 | to the provisions of paragraph 4 of subsection (b) of | ||||||
16 | Section 6-208 of this Code and who have been convicted of | ||||||
17 | more than one violation of paragraph (3), paragraph (4), or | ||||||
18 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
19 | Code shall not be eligible to apply for a restricted | ||||||
20 | driving permit. | ||||||
21 | A restricted driving permit issued under this | ||||||
22 | paragraph (1.5) shall provide that the holder may only | ||||||
23 | operate motor vehicles equipped with an ignition interlock | ||||||
24 | device as required under paragraph (2) of subsection (c) of | ||||||
25 | this Section and subparagraph (A) of paragraph 3 of | ||||||
26 | subsection (c) of Section 6-206 of this Code. The Secretary |
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1 | may revoke a restricted driving permit or amend the | ||||||
2 | conditions of a restricted driving permit issued under this | ||||||
3 | paragraph (1.5) if the holder operates a vehicle that is | ||||||
4 | not equipped with an ignition interlock device, or for any | ||||||
5 | other reason authorized under this Code. | ||||||
6 | A restricted driving permit issued under this | ||||||
7 | paragraph (1.5) shall be revoked, and the holder barred | ||||||
8 | from applying for or being issued a restricted driving | ||||||
9 | permit in the future, if the holder is subsequently | ||||||
10 | convicted of a violation of Section 11-501 of this Code, a | ||||||
11 | similar provision of a local ordinance, or a similar | ||||||
12 | offense in another state. | ||||||
13 | (2) If a person's license or permit is revoked or | ||||||
14 | suspended due to 2 or
more convictions of violating Section | ||||||
15 | 11-501 of this Code or a similar
provision of a local | ||||||
16 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
17 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
18 | where the use of alcohol or other drugs is recited as an | ||||||
19 | element of the offense, or a similar out-of-state offense, | ||||||
20 | or a combination of these offenses, arising out
of separate | ||||||
21 | occurrences, that person, if issued a restricted driving | ||||||
22 | permit,
may not operate a vehicle unless it has been | ||||||
23 | equipped with an ignition
interlock device as defined in | ||||||
24 | Section 1-129.1.
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25 | (3) If:
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26 | (A) a person's license or permit is revoked or |
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1 | suspended 2 or more
times due to any combination of: | ||||||
2 | (i)
a single conviction of violating Section
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3 | 11-501 of this Code or a similar provision of a | ||||||
4 | local ordinance or a similar
out-of-state offense, | ||||||
5 | or Section 9-3 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012, where the use of alcohol or | ||||||
7 | other drugs is recited as an element of the | ||||||
8 | offense, or a similar out-of-state offense; or | ||||||
9 | (ii)
a statutory summary suspension or | ||||||
10 | revocation under Section
11-501.1; or | ||||||
11 | (iii)
a suspension pursuant to Section | ||||||
12 | 6-203.1;
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13 | arising out of
separate occurrences; or | ||||||
14 | (B)
a person has been convicted of one violation of | ||||||
15 | subparagraph (C) or (F) of paragraph (1) of subsection | ||||||
16 | (d) of Section 11-501 of this Code, Section 9-3 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
18 | relating to the offense of reckless homicide where the | ||||||
19 | use of alcohol or other drugs was recited as an element | ||||||
20 | of the offense, or a similar provision of a law of | ||||||
21 | another state;
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22 | that person, if issued a restricted
driving permit, may not | ||||||
23 | operate a vehicle unless it has been equipped with an
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24 | ignition interlock device as defined in Section 1-129.1. | ||||||
25 | (4)
The person issued a permit conditioned on the use | ||||||
26 | of an ignition interlock device must pay to the Secretary |
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1 | of State DUI Administration Fund an amount
not to exceed | ||||||
2 | $30 per month. The Secretary shall establish by rule the | ||||||
3 | amount
and the procedures, terms, and conditions relating | ||||||
4 | to these fees. | ||||||
5 | (5)
If the restricted driving permit is issued for | ||||||
6 | employment purposes, then
the prohibition against | ||||||
7 | operating a motor vehicle that is not equipped with an | ||||||
8 | ignition interlock device does not apply to the operation | ||||||
9 | of an occupational vehicle
owned or leased by that person's | ||||||
10 | employer when used solely for employment purposes. For any | ||||||
11 | person who, within a 5-year period, is convicted of a | ||||||
12 | second or subsequent offense under Section 11-501 of this | ||||||
13 | Code, or a similar provision of a local ordinance or | ||||||
14 | similar out-of-state offense, this employment exemption | ||||||
15 | does not apply until either a one-year period has elapsed | ||||||
16 | during which that person had his or her driving privileges | ||||||
17 | revoked or a one-year period has elapsed during which that | ||||||
18 | person had a restricted driving permit which required the | ||||||
19 | use of an ignition interlock device on every motor vehicle | ||||||
20 | owned or operated by that person. | ||||||
21 | (6)
In each case the Secretary of State may issue a
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22 | restricted driving permit for a period he deems | ||||||
23 | appropriate, except that the
permit shall expire within one | ||||||
24 | year from the date of issuance. A restricted
driving permit | ||||||
25 | issued under this Section shall be
subject to cancellation, | ||||||
26 | revocation, and suspension by the Secretary of
State in |
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1 | like manner and for like cause as a driver's license issued
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2 | under this Code may be cancelled, revoked, or
suspended; | ||||||
3 | except that a conviction upon one or more offenses against | ||||||
4 | laws or
ordinances regulating the movement of traffic shall | ||||||
5 | be deemed sufficient cause
for the revocation, suspension, | ||||||
6 | or cancellation of a restricted driving permit.
The | ||||||
7 | Secretary of State may, as a condition to the issuance of a | ||||||
8 | restricted
driving permit, require the petitioner to | ||||||
9 | participate in a designated driver
remedial or | ||||||
10 | rehabilitative program. The Secretary of State is | ||||||
11 | authorized to
cancel a restricted driving permit if the | ||||||
12 | permit holder does not successfully
complete the program. | ||||||
13 | However, if an individual's driving privileges have been
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14 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
15 | of this Section, no
restricted driving permit shall be | ||||||
16 | issued until the individual has served 6
months of the | ||||||
17 | revocation period.
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18 | (c-5) (Blank).
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19 | (c-6) If a person is convicted of a second violation of | ||||||
20 | operating a motor vehicle while the person's driver's license, | ||||||
21 | permit or privilege was revoked, where the revocation was for a | ||||||
22 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012 relating to the offense of reckless | ||||||
24 | homicide or a similar out-of-state offense, the person's | ||||||
25 | driving privileges shall be revoked pursuant to subdivision | ||||||
26 | (a)(15) of this Section. The person may not make application |
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1 | for a license or permit until the expiration of five years from | ||||||
2 | the effective date of the revocation or the expiration of five | ||||||
3 | years from the date of release from a term of imprisonment, | ||||||
4 | whichever is later. | ||||||
5 | (c-7) If a person is convicted of a third or subsequent | ||||||
6 | violation of operating a motor vehicle while the person's | ||||||
7 | driver's license, permit or privilege was revoked, where the | ||||||
8 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
10 | offense of reckless homicide or a similar out-of-state offense, | ||||||
11 | the person may never apply for a license or permit. | ||||||
12 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
13 | under Section
11-501 of this Code or a similar provision of a | ||||||
14 | local ordinance or a similar out-of-state offense, the
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15 | Secretary of State shall revoke the driving privileges of that | ||||||
16 | person. One
year after the date of revocation, and upon | ||||||
17 | application, the Secretary of
State may, if satisfied that the | ||||||
18 | person applying will not endanger the
public safety or welfare, | ||||||
19 | issue a restricted driving permit granting the
privilege of | ||||||
20 | driving a motor vehicle only between the hours of 5 a.m. and 9
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21 | p.m. or as otherwise provided by this Section for a period of | ||||||
22 | one year.
After this one-year period, and upon reapplication | ||||||
23 | for a license as
provided in Section 6-106, upon payment of the | ||||||
24 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
25 | Section 6-118, the Secretary of State,
in his discretion, may
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26 | reinstate the petitioner's driver's license and driving |
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1 | privileges, or extend the restricted driving permit as many | ||||||
2 | times as the
Secretary of State deems appropriate, by | ||||||
3 | additional periods of not more than
12 months each.
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4 | (2) If a person's license or permit is revoked or | ||||||
5 | suspended due to 2 or
more convictions of violating Section | ||||||
6 | 11-501 of this Code or a similar
provision of a local | ||||||
7 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
9 | where the use of alcohol or other drugs is recited as an | ||||||
10 | element of the offense, or a similar out-of-state offense, | ||||||
11 | or a combination of these offenses, arising out
of separate | ||||||
12 | occurrences, that person, if issued a restricted driving | ||||||
13 | permit,
may not operate a vehicle unless it has been | ||||||
14 | equipped with an ignition
interlock device as defined in | ||||||
15 | Section 1-129.1.
| ||||||
16 | (3) If a person's license or permit is revoked or | ||||||
17 | suspended 2 or more times
due to any combination of: | ||||||
18 | (A) a single conviction of violating Section | ||||||
19 | 11-501
of this
Code or a similar provision of a local | ||||||
20 | ordinance or a similar out-of-state
offense, or | ||||||
21 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012, where the use of alcohol or | ||||||
23 | other drugs is recited as an element of the offense, or | ||||||
24 | a similar out-of-state offense; or | ||||||
25 | (B)
a statutory summary suspension or revocation | ||||||
26 | under Section 11-501.1; or |
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1 | (C) a suspension pursuant to Section 6-203.1; | ||||||
2 | arising out of separate occurrences, that person, if issued | ||||||
3 | a
restricted
driving permit, may not operate a vehicle | ||||||
4 | unless it has been equipped with an
ignition interlock | ||||||
5 | device as defined in Section 1-129.1. | ||||||
6 | (3.5) If a person's license or permit is revoked or | ||||||
7 | suspended due to a conviction for a violation of | ||||||
8 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
9 | of Section 11-501 of this Code, or a similar provision of a | ||||||
10 | local ordinance or similar out-of-state offense, that | ||||||
11 | person, if issued a restricted driving permit, may not | ||||||
12 | operate a vehicle unless it has been equipped with an | ||||||
13 | ignition interlock device as defined in Section 1-129.1. | ||||||
14 | (4)
The person issued a permit conditioned upon the use | ||||||
15 | of an interlock device must pay to the Secretary of State | ||||||
16 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
17 | month. The Secretary shall establish by rule the amount
and | ||||||
18 | the procedures, terms, and conditions relating to these | ||||||
19 | fees. | ||||||
20 | (5)
If the restricted driving permit is issued for | ||||||
21 | employment purposes, then
the prohibition against driving | ||||||
22 | a vehicle that is not equipped with an ignition interlock | ||||||
23 | device does not apply to the operation of an occupational | ||||||
24 | vehicle
owned or leased by that person's employer when used | ||||||
25 | solely for employment purposes. For any person who, within | ||||||
26 | a 5-year period, is convicted of a second or subsequent |
| |||||||
| |||||||
1 | offense under Section 11-501 of this Code, or a similar | ||||||
2 | provision of a local ordinance or similar out-of-state | ||||||
3 | offense, this employment exemption does not apply until | ||||||
4 | either a one-year period has elapsed during which that | ||||||
5 | person had his or her driving privileges revoked or a | ||||||
6 | one-year period has elapsed during which that person had a | ||||||
7 | restricted driving permit which required the use of an | ||||||
8 | ignition interlock device on every motor vehicle owned or | ||||||
9 | operated by that person. | ||||||
10 | (6) A
restricted driving permit issued under this | ||||||
11 | Section shall be subject to
cancellation, revocation, and | ||||||
12 | suspension by the Secretary of State in like
manner and for | ||||||
13 | like cause as a driver's license issued under this Code may | ||||||
14 | be
cancelled, revoked, or suspended; except that a | ||||||
15 | conviction upon one or more
offenses against laws or | ||||||
16 | ordinances regulating the movement of traffic
shall be | ||||||
17 | deemed sufficient cause for the revocation, suspension, or
| ||||||
18 | cancellation of a restricted driving permit.
| ||||||
19 | (d-5) The revocation of the license, permit, or driving | ||||||
20 | privileges of a person convicted of a third or subsequent | ||||||
21 | violation of Section 6-303 of this Code committed while his or | ||||||
22 | her driver's license, permit, or privilege was revoked because | ||||||
23 | of a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
24 | the Criminal Code of 2012, relating to the offense of reckless | ||||||
25 | homicide, or a similar provision of a law of another state, is | ||||||
26 | permanent. The Secretary may not, at any time, issue a license |
| |||||||
| |||||||
1 | or permit to that person.
| ||||||
2 | (e) This Section is subject to the provisions of the Driver | ||||||
3 | License
Compact.
| ||||||
4 | (f) Any revocation imposed upon any person under | ||||||
5 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
6 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
7 | period of time.
| ||||||
8 | (g) The Secretary of State shall not issue a restricted | ||||||
9 | driving permit to
a person under the age of 16 years whose | ||||||
10 | driving privileges have been revoked
under any provisions of | ||||||
11 | this Code.
| ||||||
12 | (h) The Secretary of State shall require the use of | ||||||
13 | ignition interlock
devices for a period not less than 5 years | ||||||
14 | on all vehicles owned by a person who has been convicted of a
| ||||||
15 | second or subsequent offense under Section 11-501 of this Code | ||||||
16 | or a similar
provision of a local ordinance. The person must | ||||||
17 | pay to the Secretary of State DUI Administration Fund an amount | ||||||
18 | not to exceed $30 for each month that he or she uses the | ||||||
19 | device. The Secretary shall establish by rule and
regulation | ||||||
20 | the procedures for certification and use of the interlock
| ||||||
21 | system, the amount of the fee, and the procedures, terms, and | ||||||
22 | conditions relating to these fees. During the time period in | ||||||
23 | which a person is required to install an ignition interlock | ||||||
24 | device under this subsection (h), that person shall only | ||||||
25 | operate vehicles in which ignition interlock devices have been | ||||||
26 | installed, except as allowed by subdivision (c)(5) or (d)(5) of |
| |||||||
| |||||||
1 | this Section.
| ||||||
2 | (i) (Blank).
| ||||||
3 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
4 | State may not issue a restricted driving permit for the | ||||||
5 | operation of a commercial motor vehicle to a person holding a | ||||||
6 | CDL whose driving privileges have been revoked, suspended, | ||||||
7 | cancelled, or disqualified under any provisions of this Code.
| ||||||
8 | (k) The Secretary of State shall notify by mail any person | ||||||
9 | whose driving privileges have been revoked under paragraph 16 | ||||||
10 | of subsection (a) of this Section that his or her driving | ||||||
11 | privileges and driver's license will be revoked 90 days from | ||||||
12 | the date of the mailing of the notice. | ||||||
13 | (Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15; | ||||||
14 | 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16; | ||||||
15 | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. | ||||||
16 | 7-28-16.)
| ||||||
17 | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| ||||||
18 | Sec. 6-500. Definitions of words and phrases. | ||||||
19 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
20 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
21 | Act
(UCDLA), the words and phrases listed below have the | ||||||
22 | meanings
ascribed to them as follows:
| ||||||
23 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
24 | form of
alcohol, including but not limited to ethanol,
| ||||||
25 | methanol,
propanol, and
isopropanol.
|
| |||||||
| |||||||
1 | (2) Alcohol concentration. "Alcohol concentration" means:
| ||||||
2 | (A) the number of grams of alcohol per 210 liters of | ||||||
3 | breath;
or
| ||||||
4 | (B) the number of grams of alcohol per 100 milliliters | ||||||
5 | of
blood; or
| ||||||
6 | (C) the number of grams of alcohol per 67 milliliters | ||||||
7 | of
urine.
| ||||||
8 | Alcohol tests administered within 2 hours of the driver | ||||||
9 | being
"stopped or detained" shall be considered that driver's | ||||||
10 | "alcohol
concentration" for the purposes of enforcing this | ||||||
11 | UCDLA.
| ||||||
12 | (3) (Blank).
| ||||||
13 | (4) (Blank).
| ||||||
14 | (5) (Blank).
| ||||||
15 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
16 | electronic record of the individual CDL driver's status and | ||||||
17 | history stored by the State-of-Record as part of the Commercial | ||||||
18 | Driver's License Information System, or CDLIS, established | ||||||
19 | under 49 U.S.C. 31309. | ||||||
20 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
21 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
22 | driver record meeting the requirements for access to CDLIS | ||||||
23 | information and provided by states to users authorized in 49 | ||||||
24 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
25 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
26 | (5.7) Commercial driver's license downgrade. "Commercial |
| |||||||
| |||||||
1 | driver's license downgrade" or "CDL downgrade" means either: | ||||||
2 | (A) a state allows the driver to change his or her | ||||||
3 | self-certification to interstate, but operating | ||||||
4 | exclusively in transportation or operation excepted from | ||||||
5 | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | ||||||
6 | 391.2, 391.68, or 398.3; | ||||||
7 | (B) a state allows the driver to change his or her | ||||||
8 | self-certification to intrastate only, if the driver | ||||||
9 | qualifies under that state's physical qualification | ||||||
10 | requirements for intrastate only; | ||||||
11 | (C) a state allows the driver to change his or her | ||||||
12 | certification to intrastate, but operating exclusively in | ||||||
13 | transportation or operations excepted from all or part of | ||||||
14 | the state driver qualification requirements; or | ||||||
15 | (D) a state removes the CDL privilege from the driver | ||||||
16 | license. | ||||||
17 | (6) Commercial Motor Vehicle.
| ||||||
18 | (A) "Commercial motor vehicle" or "CMV" means
a motor | ||||||
19 | vehicle or combination of motor vehicles used in commerce, | ||||||
20 | except those referred to in subdivision (B), designed
to | ||||||
21 | transport passengers or property if the motor vehicle:
| ||||||
22 | (i) has a gross combination weight rating or gross | ||||||
23 | combination weight of 11,794 kilograms or more (26,001 | ||||||
24 | pounds or more), whichever is greater, inclusive of any | ||||||
25 | towed unit with a gross vehicle weight rating or
gross | ||||||
26 | vehicle weight of more than 4,536 kilograms (10,000 |
| |||||||
| |||||||
1 | pounds), whichever is greater; or
| ||||||
2 | (i-5) has a gross vehicle weight rating or gross | ||||||
3 | vehicle weight of 11,794 or more kilograms (26,001 | ||||||
4 | pounds or more), whichever is greater; or | ||||||
5 | (ii) is designed to transport 16 or more
persons, | ||||||
6 | including the driver;
or
| ||||||
7 | (iii) is of any size and is used in transporting | ||||||
8 | hazardous materials as defined in 49 C.F.R. 383.5.
| ||||||
9 | (B) Pursuant to the interpretation of the Commercial | ||||||
10 | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||||||
11 | Administration, the definition of
"commercial motor | ||||||
12 | vehicle" does not include:
| ||||||
13 | (i) recreational vehicles, when operated primarily | ||||||
14 | for personal use;
| ||||||
15 | (ii) vehicles owned by or operated under the | ||||||
16 | direction of the United States Department of Defense or | ||||||
17 | the United States Coast Guard only when operated by
| ||||||
18 | non-civilian personnel. This includes any operator on | ||||||
19 | active military
duty; members of the Reserves; | ||||||
20 | National Guard; personnel on part-time
training; and | ||||||
21 | National Guard military technicians (civilians who are
| ||||||
22 | required to wear military uniforms and are subject to | ||||||
23 | the Code of Military
Justice); or
| ||||||
24 | (iii) firefighting, police, and other emergency | ||||||
25 | equipment (including, without limitation, equipment | ||||||
26 | owned or operated by a HazMat or technical rescue team |
| |||||||
| |||||||
1 | authorized by a county board under Section 5-1127 of | ||||||
2 | the Counties Code), with audible and
visual signals, | ||||||
3 | owned or operated
by or for a
governmental entity, | ||||||
4 | which is necessary to the preservation of life or
| ||||||
5 | property or the execution of emergency governmental | ||||||
6 | functions which are
normally not subject to general | ||||||
7 | traffic rules and regulations.
| ||||||
8 | (7) Controlled Substance. "Controlled substance" shall | ||||||
9 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
10 | Controlled Substances Act,
and shall also include cannabis as | ||||||
11 | defined in Section 3 of the Cannabis Control
Act and | ||||||
12 | methamphetamine as defined in Section 10 of the Methamphetamine | ||||||
13 | Control and Community Protection Act.
| ||||||
14 | (8) Conviction. "Conviction" means an unvacated | ||||||
15 | adjudication of guilt
or a determination that a person has | ||||||
16 | violated or failed to comply with the
law in a court of | ||||||
17 | original jurisdiction or by an authorized administrative
| ||||||
18 | tribunal; an unvacated forfeiture of bail or collateral | ||||||
19 | deposited to secure
the person's appearance in court; a plea of | ||||||
20 | guilty or nolo contendere accepted by the court; the payment of | ||||||
21 | a fine or court cost
regardless of whether the imposition of | ||||||
22 | sentence is deferred and ultimately
a judgment dismissing the | ||||||
23 | underlying charge is entered; or a violation of a
condition of | ||||||
24 | release without bail, regardless of whether or not the penalty
| ||||||
25 | is rebated, suspended or probated.
| ||||||
26 | (8.5) Day. "Day" means calendar day.
|
| |||||||
| |||||||
1 | (9) (Blank).
| ||||||
2 | (10) (Blank).
| ||||||
3 | (11) (Blank).
| ||||||
4 | (12) (Blank).
| ||||||
5 | (13) Driver. "Driver" means any person who drives, | ||||||
6 | operates, or is in
physical control of a commercial motor | ||||||
7 | vehicle, any person who is required to hold a
CDL, or any | ||||||
8 | person who is a holder of a CDL while operating a | ||||||
9 | non-commercial motor vehicle.
| ||||||
10 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
11 | individual who applies to a state or other jurisdiction to | ||||||
12 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
13 | a CLP.
| ||||||
14 | (13.8) Electronic device. "Electronic device" includes, | ||||||
15 | but is not limited to, a cellular telephone, personal digital | ||||||
16 | assistant, pager, computer, or any other device used to input, | ||||||
17 | write, send, receive, or read text. | ||||||
18 | (14) Employee. "Employee" means a person who is employed as | ||||||
19 | a
commercial
motor vehicle driver. A person who is | ||||||
20 | self-employed as a commercial motor
vehicle driver must comply | ||||||
21 | with the requirements of this UCDLA
pertaining to employees. An
| ||||||
22 | owner-operator on a long-term lease shall be considered an | ||||||
23 | employee.
| ||||||
24 | (15) Employer. "Employer" means a person (including the | ||||||
25 | United
States, a State or a local authority) who owns or leases | ||||||
26 | a commercial motor
vehicle or assigns employees to operate such |
| |||||||
| |||||||
1 | a vehicle. A person who is
self-employed as a commercial motor | ||||||
2 | vehicle driver must
comply with the requirements of this UCDLA.
| ||||||
3 | (15.1) Endorsement. "Endorsement" means an authorization | ||||||
4 | to an individual's CLP or CDL required to permit the individual | ||||||
5 | to operate certain types of commercial motor vehicles. | ||||||
6 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
7 | person who operates or expects to operate in interstate | ||||||
8 | commerce, but engages exclusively in transportation or | ||||||
9 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | ||||||
10 | 398.3 from all or part of the qualification requirements of 49 | ||||||
11 | C.F.R. Part 391 and is not required to obtain a medical | ||||||
12 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
13 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
14 | person who operates in intrastate commerce but engages | ||||||
15 | exclusively in transportation or operations excepted from all | ||||||
16 | or parts of the state driver qualification requirements. | ||||||
17 | (16) (Blank).
| ||||||
18 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
19 | a result of a motor vehicle accident.
| ||||||
20 | (16.7) Foreign commercial driver. "Foreign commercial | ||||||
21 | driver" means a person licensed to operate a commercial motor | ||||||
22 | vehicle by an authority outside the United States, or a citizen | ||||||
23 | of a foreign country who operates a commercial motor vehicle in | ||||||
24 | the United States. | ||||||
25 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
26 | sovereign
jurisdiction that does not fall within the definition |
| |||||||
| |||||||
1 | of "State".
| ||||||
2 | (18) (Blank).
| ||||||
3 | (19) (Blank).
| ||||||
4 | (20) Hazardous materials. "Hazardous Material" means any | ||||||
5 | material that has been designated under 49 U.S.C.
5103 and is | ||||||
6 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
7 | or any quantity of a material listed as a select agent or toxin | ||||||
8 | in 42 C.F.R. part 73.
| ||||||
9 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
10 | existence of any condition of a vehicle, employee, or | ||||||
11 | commercial motor vehicle operations that substantially | ||||||
12 | increases the likelihood of serious injury or death if not | ||||||
13 | discontinued immediately; or a condition relating to hazardous | ||||||
14 | material that presents a substantial likelihood that death, | ||||||
15 | serious illness, severe personal injury, or a substantial | ||||||
16 | endangerment to health, property, or the environment may occur | ||||||
17 | before the reasonably foreseeable completion date of a formal | ||||||
18 | proceeding begun to lessen the risk of that death, illness, | ||||||
19 | injury or endangerment.
| ||||||
20 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
21 | transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | ||||||
22 | CLP or CDL. | ||||||
23 | (20.7) Issue. "Issue" means initial issuance, transfer, | ||||||
24 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
25 | non-domiciled CDL. | ||||||
26 | (21) Long-term lease. "Long-term lease" means a lease of a |
| |||||||
| |||||||
1 | commercial
motor vehicle by the owner-lessor to a lessee, for a | ||||||
2 | period of more than 29
days.
| ||||||
3 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
4 | transmission utilizing a driver-operated clutch that is | ||||||
5 | activated by a pedal or lever and a gear-shift mechanism | ||||||
6 | operated either by hand or foot including those known as a | ||||||
7 | stick shift, stick, straight drive, or standard transmission. | ||||||
8 | All other transmissions, whether semi-automatic or automatic, | ||||||
9 | shall be considered automatic for the purposes of the | ||||||
10 | standardized restriction code. | ||||||
11 | (21.1) Medical examiner. "Medical examiner" means an | ||||||
12 | individual certified by the Federal Motor Carrier Safety | ||||||
13 | Administration and listed on the National Registry of Certified | ||||||
14 | Medical Examiners in accordance with Federal Motor Carrier | ||||||
15 | Safety Regulations, 49 CFR 390.101 et seq. | ||||||
16 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
17 | certificate" means either (1) prior to June 22, 2018, a | ||||||
18 | document prescribed or approved by the Secretary of State that | ||||||
19 | is issued by a medical examiner to a driver to medically | ||||||
20 | qualify him or her to drive ; or (2) beginning June 22, 2018, an | ||||||
21 | electronic submission of results of an examination conducted by | ||||||
22 | a medical examiner listed on the National Registry of Certified | ||||||
23 | Medical Examiners to the Federal Motor Carrier Safety | ||||||
24 | Administration of a driver to medically qualify him or her to | ||||||
25 | drive . | ||||||
26 | (21.5) Medical variance. "Medical variance" means a driver |
| |||||||
| |||||||
1 | has received one of the following from the Federal Motor | ||||||
2 | Carrier Safety Administration which allows the driver to be | ||||||
3 | issued a medical certificate: (1) an exemption letter | ||||||
4 | permitting operation of a commercial motor vehicle pursuant to | ||||||
5 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
6 | skill performance evaluation (SPE) certificate permitting | ||||||
7 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
8 | 391.49. | ||||||
9 | (21.7) Mobile telephone. "Mobile telephone" means a mobile | ||||||
10 | communication device that falls under or uses any commercial | ||||||
11 | mobile radio service, as defined in regulations of the Federal | ||||||
12 | Communications Commission, 47 CFR 20.3. It does not include | ||||||
13 | two-way or citizens band radio services. | ||||||
14 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
15 | which is self-propelled, and every vehicle which is propelled | ||||||
16 | by electric
power obtained from over head trolley wires but not | ||||||
17 | operated upon rails,
except vehicles moved solely by human | ||||||
18 | power and motorized wheel chairs.
| ||||||
19 | (22.2) Motor vehicle record. "Motor vehicle record" means a | ||||||
20 | report of the driving status and history of a driver generated | ||||||
21 | from the driver record provided to users, such as drivers or | ||||||
22 | employers, and is subject to the provisions of the Driver | ||||||
23 | Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
24 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
25 | combination of motor vehicles not defined by the term | ||||||
26 | "commercial motor vehicle" or "CMV" in this Section.
|
| |||||||
| |||||||
1 | (22.7) Non-excepted interstate. "Non-excepted interstate" | ||||||
2 | means a person who operates or expects to operate in interstate | ||||||
3 | commerce, is subject to and meets the qualification | ||||||
4 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
5 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
6 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
7 | means a person who operates only in intrastate commerce and is | ||||||
8 | subject to State driver qualification requirements. | ||||||
9 | (23) Non-domiciled CLP or Non-domiciled CDL. | ||||||
10 | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | ||||||
11 | respectively, issued by a state or other jurisdiction under | ||||||
12 | either of the following two conditions: | ||||||
13 | (i) to an individual domiciled in a foreign country | ||||||
14 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
15 | of the Federal Motor Carrier Safety Administration.
| ||||||
16 | (ii) to an individual domiciled in another state | ||||||
17 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
18 | of the Federal Motor Carrier Safety Administration.
| ||||||
19 | (24) (Blank).
| ||||||
20 | (25) (Blank).
| ||||||
21 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
22 | "Railroad-highway
grade
crossing violation" means a
violation, | ||||||
23 | while operating a commercial motor vehicle, of
any
of the | ||||||
24 | following:
| ||||||
25 | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
| ||||||
26 | (B) Any other similar
law or local ordinance of any |
| |||||||
| |||||||
1 | state relating to
railroad-highway grade crossing.
| ||||||
2 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
3 | vehicle used to transport pre-primary, primary, or secondary | ||||||
4 | school students from home to school, from school to home, or to | ||||||
5 | and from school-sponsored events. "School bus" does not include | ||||||
6 | a bus used as a common carrier.
| ||||||
7 | (26) Serious Traffic Violation. "Serious traffic | ||||||
8 | violation"
means:
| ||||||
9 | (A) a conviction when operating a commercial motor | ||||||
10 | vehicle, or when operating a non-CMV while holding a CLP or | ||||||
11 | CDL,
of:
| ||||||
12 | (i) a violation relating to excessive speeding,
| ||||||
13 | involving a single speeding charge of 15 miles per hour | ||||||
14 | or more above the
legal speed limit; or
| ||||||
15 | (ii) a violation relating to reckless driving; or
| ||||||
16 | (iii) a violation of any State law or local | ||||||
17 | ordinance relating to motor
vehicle traffic control | ||||||
18 | (other than parking violations) arising in
connection | ||||||
19 | with a fatal traffic accident; or
| ||||||
20 | (iv) a violation of Section 6-501, relating to | ||||||
21 | having multiple driver's
licenses; or
| ||||||
22 | (v) a violation of paragraph (a) of Section 6-507, | ||||||
23 | relating to the
requirement to have a valid CLP or CDL; | ||||||
24 | or
| ||||||
25 | (vi) a violation relating to improper or erratic | ||||||
26 | traffic lane changes;
or
|
| |||||||
| |||||||
1 | (vii) a violation relating to following another | ||||||
2 | vehicle too closely; or
| ||||||
3 | (viii) a violation relating to texting while | ||||||
4 | driving; or | ||||||
5 | (ix) a violation relating to the use of a hand-held | ||||||
6 | mobile telephone while driving; or | ||||||
7 | (B) any other similar violation of a law or local
| ||||||
8 | ordinance of any state relating to motor vehicle traffic | ||||||
9 | control, other
than a parking violation, which the | ||||||
10 | Secretary of State determines by
administrative rule to be | ||||||
11 | serious.
| ||||||
12 | (27) State. "State" means a state of the United States, the | ||||||
13 | District of
Columbia and any province or territory of Canada.
| ||||||
14 | (28) (Blank).
| ||||||
15 | (29) (Blank).
| ||||||
16 | (30) (Blank).
| ||||||
17 | (31) (Blank).
| ||||||
18 | (32) Texting. "Texting" means manually entering | ||||||
19 | alphanumeric text into, or reading text from, an electronic | ||||||
20 | device. | ||||||
21 | (1) Texting includes, but is not limited to, short | ||||||
22 | message service, emailing, instant messaging, a command or | ||||||
23 | request to access a World Wide Web page, pressing more than | ||||||
24 | a single button to initiate or terminate a voice | ||||||
25 | communication using a mobile telephone, or engaging in any | ||||||
26 | other form of electronic text retrieval or entry for |
| |||||||
| |||||||
1 | present or future communication. | ||||||
2 | (2) Texting does not include: | ||||||
3 | (i) inputting, selecting, or reading information | ||||||
4 | on a global positioning system or navigation system; or | ||||||
5 | (ii) pressing a single button to initiate or | ||||||
6 | terminate a voice communication using a mobile | ||||||
7 | telephone; or | ||||||
8 | (iii) using a device capable of performing | ||||||
9 | multiple functions (for example, a fleet management | ||||||
10 | system, dispatching device, smart phone, citizens band | ||||||
11 | radio, or music player) for a purpose that is not | ||||||
12 | otherwise prohibited by Part 392 of the Federal Motor | ||||||
13 | Carrier Safety Regulations. | ||||||
14 | (32.3) Third party skills test examiner. "Third party | ||||||
15 | skills test examiner" means a person employed by a third party | ||||||
16 | tester who is authorized by the State to administer the CDL | ||||||
17 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
18 | (32.5) Third party tester. "Third party tester" means a | ||||||
19 | person (including, but not limited to, another state, a motor | ||||||
20 | carrier, a private driver training facility or other private | ||||||
21 | institution, or a department, agency, or instrumentality of a | ||||||
22 | local government) authorized by the State to employ skills test | ||||||
23 | examiners to administer the CDL skills tests specified in 49 | ||||||
24 | C.F.R. Part 383, subparts G and H. | ||||||
25 | (32.7) United States. "United States" means the 50 states | ||||||
26 | and the District of Columbia. |
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| |||||||
1 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
2 | mobile telephone" means: | ||||||
3 | (1) using at least one hand to hold a mobile telephone | ||||||
4 | to conduct a voice communication; | ||||||
5 | (2) dialing or answering a mobile telephone by pressing | ||||||
6 | more than a single button; or | ||||||
7 | (3) reaching for a mobile telephone in a manner that | ||||||
8 | requires a driver to maneuver so that he or she is no | ||||||
9 | longer in a seated driving position, restrained by a seat | ||||||
10 | belt that is installed in accordance with 49 CFR 393.93 and | ||||||
11 | adjusted in accordance with the vehicle manufacturer's | ||||||
12 | instructions. | ||||||
13 | (Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section | ||||||
14 | 10 of P.A. 99-414 for the effective date of changes made by | ||||||
15 | P.A. 98-176); 98-463, eff. 8-16-13; 98-722, eff. 7-16-14; | ||||||
16 | 99-57, eff. 7-16-15.)
| ||||||
17 | (625 ILCS 5/6-507.5) | ||||||
18 | Sec. 6-507.5. Application for Commercial Learner's Permit | ||||||
19 | (CLP). | ||||||
20 | (a) The application for a CLP must include, but is not | ||||||
21 | limited to, the following: | ||||||
22 | (1) the driver applicant's full legal name and current | ||||||
23 | Illinois domiciliary address, unless the driver applicant | ||||||
24 | is from a foreign country and is applying for a | ||||||
25 | non-domiciled CLP in which case the driver applicant shall |
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1 | submit proof of Illinois residency or the driver applicant | ||||||
2 | is from another state and is applying for a non-domiciled | ||||||
3 | CLP in which case the driver applicant shall submit proof | ||||||
4 | of domicile in the state which issued the driver | ||||||
5 | applicant's Non-CDL; | ||||||
6 | (2) a physical description of the driver applicant | ||||||
7 | including gender, height, weight, color of eyes, and hair | ||||||
8 | color; | ||||||
9 | (3) date of birth; | ||||||
10 | (4) the driver applicant's social security number; | ||||||
11 | (5) the driver applicant's signature; | ||||||
12 | (6) the names of all states where the driver applicant | ||||||
13 | has previously been licensed to drive any type of motor | ||||||
14 | vehicle during the previous 10 years under 49 C.F.R. Part | ||||||
15 | 383; | ||||||
16 | (7) proof of citizenship or lawful permanent residency | ||||||
17 | as set forth in Table 1 of 49 C.F.R. 383.71, unless the | ||||||
18 | driver applicant is from a foreign country and is applying | ||||||
19 | for a non-domiciled CLP, in which case the applicant must | ||||||
20 | provide an unexpired employment authorization document | ||||||
21 | (EAD) issued by USCIS or an unexpired foreign passport | ||||||
22 | accompanied by an approved I-94 form documenting the | ||||||
23 | applicant's most recent admittance into the United States; | ||||||
24 | and | ||||||
25 | (8) any other information required by the Secretary of | ||||||
26 | State. |
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| |||||||
1 | (b) Except as provided in subsection (b-5), no No CLP shall | ||||||
2 | be issued to a driver applicant unless the applicant has taken | ||||||
3 | and passed a general knowledge test that meets the federal | ||||||
4 | standards contained in 49 C.F.R. Part 383, subparts F, G, and H | ||||||
5 | for the commercial motor vehicle the applicant expects to | ||||||
6 | operate. | ||||||
7 | (b-5) The Secretary of State may waive the general | ||||||
8 | knowledge test specified in 49 CFR 383.71(a)(2)(ii) for a | ||||||
9 | qualifying driver applicant of a commercial learner's permit. A | ||||||
10 | qualifying driver applicant shall: | ||||||
11 | (1) be a current resident of this State; | ||||||
12 | (2) be a current or former member of the military | ||||||
13 | services, including a member of any reserve component or | ||||||
14 | National Guard unit; | ||||||
15 | (3) within one year prior to the application, have been | ||||||
16 | regularly employed in a military position that requires the | ||||||
17 | operation of large trucks; | ||||||
18 | (4) have received formal military training in the | ||||||
19 | operation of a vehicle similar to the commercial motor | ||||||
20 | vehicle the applicant expects to operate; and | ||||||
21 | (5) provide the Secretary of State with a general | ||||||
22 | knowledge test waiver form signed by the applicant and his | ||||||
23 | or her commanding officer certifying that the applicant | ||||||
24 | qualifies for the general knowledge test waiver. | ||||||
25 | (c) No CLP shall be issued to a driver applicant unless the | ||||||
26 | applicant possesses a valid Illinois driver's license or if the |
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| |||||||
1 | applicant is applying for a non-domiciled CLP under subsection | ||||||
2 | (b) of Section 6-509 of this Code, in which case the driver | ||||||
3 | applicant must possess a valid driver's license from his or her | ||||||
4 | state of domicile. | ||||||
5 | (d) No CLP shall be issued to a person under 18 years of | ||||||
6 | age. | ||||||
7 | (e) No person shall be issued a CLP unless the person | ||||||
8 | certifies to the Secretary one of the following types of | ||||||
9 | driving operations in which he or she will be engaged: | ||||||
10 | (1) non-excepted interstate; | ||||||
11 | (2) non-excepted intrastate; | ||||||
12 | (3) excepted interstate; or | ||||||
13 | (4) excepted intrastate. | ||||||
14 | (f) No person shall be issued a CLP unless the person | ||||||
15 | certifies to the Secretary that he or she is not subject to any | ||||||
16 | disqualification under 49 C.F.R. 383.51, or any license | ||||||
17 | disqualification under State law, and that he or she does not | ||||||
18 | have a driver's license from more than one state or | ||||||
19 | jurisdiction. | ||||||
20 | (g) No CLP shall be issued to a person while the person is | ||||||
21 | subject to a disqualification from driving a commercial motor | ||||||
22 | vehicle, unless otherwise permitted by this Code, while the | ||||||
23 | person's driver's license is suspended, revoked, or cancelled | ||||||
24 | in any state, or any territory or province of Canada; nor may a | ||||||
25 | CLP be issued to a person who has a CLP or CDL issued by any | ||||||
26 | other state or foreign jurisdiction, unless the person |
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| |||||||
1 | surrenders all of these licenses. No CLP shall be issued to or | ||||||
2 | renewed for a person who does not meet the requirement of 49 | ||||||
3 | C.F.R. 391.41(b)(11). The requirement may be met with the aid | ||||||
4 | of a hearing aid. | ||||||
5 | (h) No CLP with a Passenger, School Bus or Tank Vehicle | ||||||
6 | endorsement shall be issued to a person unless the driver | ||||||
7 | applicant has taken and passed the knowledge test for each | ||||||
8 | endorsement. | ||||||
9 | (1) A CLP holder with a Passenger (P) endorsement is | ||||||
10 | prohibited from operating a CMV carrying passengers, other | ||||||
11 | than federal or State auditors and inspectors, test | ||||||
12 | examiners, or other trainees, and the CDL holder | ||||||
13 | accompanying the CLP holder as prescribed by subsection (a) | ||||||
14 | of Section 6-507 of this Code. The P endorsement must be | ||||||
15 | class specific. | ||||||
16 | (2) A CLP holder with a School Bus (S) endorsement is | ||||||
17 | prohibited from operating a school bus with passengers | ||||||
18 | other than federal or State auditors and inspectors, test | ||||||
19 | examiners, or other trainees, and the CDL holder | ||||||
20 | accompanying the CLP holder as prescribed by subsection (a) | ||||||
21 | of Section 6-507 of this Code. | ||||||
22 | (3) A CLP holder with a Tank Vehicle (N) endorsement | ||||||
23 | may only operate an empty tank vehicle and is prohibited | ||||||
24 | from operating any tank vehicle that previously contained | ||||||
25 | hazardous material that has not been purged of all residue. | ||||||
26 | (4) All other federal endorsements are prohibited on a |
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| |||||||
1 | CLP. | ||||||
2 | (i) No CLP holder may operate a commercial motor vehicle | ||||||
3 | transporting hazardous material as defined in paragraph (20) of | ||||||
4 | Section 6-500 of this Code. | ||||||
5 | (j) The CLP holder must be accompanied by the holder of a | ||||||
6 | valid CDL who has the proper CDL group and endorsement | ||||||
7 | necessary to operate the CMV. The CDL holder must at all times | ||||||
8 | be physically present in the front seat of the vehicle next to | ||||||
9 | the CLP holder or, in the case of a passenger vehicle, directly | ||||||
10 | behind or in the first row behind the driver and must have the | ||||||
11 | CLP holder under observation and direct supervision. | ||||||
12 | (k) A CLP is valid for 180 days from the date of issuance. | ||||||
13 | A CLP may be renewed for an additional 180 days without | ||||||
14 | requiring the CLP holder to retake the general and endorsement | ||||||
15 | knowledge tests. | ||||||
16 | (l) A CLP issued prior to July 1, 2014 for a limited time | ||||||
17 | period according to state requirements, shall be considered a | ||||||
18 | valid commercial driver's license for purposes of | ||||||
19 | behind-the-wheel training on public roads or highways.
| ||||||
20 | (Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section | ||||||
21 | 10 of P.A. 99-414 for the effective date of changes made by | ||||||
22 | P.A. 98-176).)
| ||||||
23 | (625 ILCS 5/6-508.1) | ||||||
24 | Sec. 6-508.1. Medical examiner's certificate. | ||||||
25 | (a) It shall be unlawful for any person to drive a CMV in |
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| |||||||
1 | non-excepted interstate commerce unless the person holds a CLP | ||||||
2 | or CDL and is medically certified as physically qualified to do | ||||||
3 | so. | ||||||
4 | (b) No person who has certified to non-excepted interstate | ||||||
5 | driving as provided in Sections 6-507.5 and 6-508 of this Code | ||||||
6 | shall be issued a CLP commercial learner's permit or CDL unless | ||||||
7 | that person presents to the Secretary a medical examiner's | ||||||
8 | certificate or has a current medical examiner's certificate on | ||||||
9 | the CDLIS driver record. | ||||||
10 | (c) (Blank). Persons who hold a commercial driver | ||||||
11 | instruction permit or CDL on January 30, 2012 who have | ||||||
12 | certified as non-excepted interstate as provided in Section | ||||||
13 | 6-508 of this Code must provide to the Secretary a medical | ||||||
14 | examiner's certificate no later than January 30, 2014. | ||||||
15 | (d) On and after January 30, 2014, all persons who hold a | ||||||
16 | commercial driver instruction permit or CDL who have certified | ||||||
17 | as non-excepted interstate shall maintain a current medical | ||||||
18 | examiner's certificate on file with the Secretary. On and after | ||||||
19 | July 1, 2014, all persons issued a CLP who have certified as | ||||||
20 | non-excepted interstate shall maintain a current medical | ||||||
21 | examiner's certificate on file with the Secretary. | ||||||
22 | (e) Before June 22, 2018, Within 10 calendar days of | ||||||
23 | receipt of a medical examiner's certificate of a driver who has | ||||||
24 | certified as non-excepted interstate, the Secretary shall post | ||||||
25 | the following to the CDLIS driver record within 10 calendar | ||||||
26 | days of receipt of a medical examiner's certificate of a driver |
| |||||||
| |||||||
1 | who has certified as non-excepted interstate : | ||||||
2 | (1) the medical examiner's name; | ||||||
3 | (2) the medical examiner's telephone number; | ||||||
4 | (3) the date of issuance of the medical examiner's | ||||||
5 | certificate; | ||||||
6 | (4) the medical examiner's license number and the state | ||||||
7 | that issued it; | ||||||
8 | (5) the medical certification status; | ||||||
9 | (6) the expiration date of the medical examiner's | ||||||
10 | certificate; | ||||||
11 | (7) the existence of any medical variance on the | ||||||
12 | medical examiner's certificate , including, but not limited | ||||||
13 | to, an exemption, Skills Performance Evaluation | ||||||
14 | certification, issuance and expiration date of the medical | ||||||
15 | variance, or any grandfather provisions; | ||||||
16 | (8) any restrictions noted on the medical examiner's | ||||||
17 | certificate; and | ||||||
18 | (9) the date the medical examiner's certificate | ||||||
19 | information was posted to the CDLIS driver record ; and . | ||||||
20 | (10) the medical examiner's National Registry of | ||||||
21 | Certified Medical Examiners identification number. | ||||||
22 | (e-5) Beginning June 22, 2018, the Secretary shall post the | ||||||
23 | following to the CDLIS driver record within one business day of | ||||||
24 | electronic receipt from the Federal Motor Carrier Safety | ||||||
25 | Administration of a driver's identification, examination | ||||||
26 | results, restriction information, and medical variance |
| |||||||
| |||||||
1 | information resulting from an examination performed by a | ||||||
2 | medical examiner on the National Registry of Certified Medical | ||||||
3 | Examiners for any driver who has certified as non-excepted | ||||||
4 | interstate: | ||||||
5 | (1) the medical examiner's name; | ||||||
6 | (2) the medical examiner's telephone number; | ||||||
7 | (3) the date of issuance of the medical examiner's | ||||||
8 | certificate; | ||||||
9 | (4) the medical examiner's license number and the state | ||||||
10 | that issued it; | ||||||
11 | (5) the medical certification status; | ||||||
12 | (6) the expiration date of the medical examiner's | ||||||
13 | certificate; | ||||||
14 | (7) the existence of any medical variance on the | ||||||
15 | medical examiner's certificate, including, but not limited | ||||||
16 | to, an exemption, Skills Performance Evaluation | ||||||
17 | certification, issue and expiration date of a medical | ||||||
18 | variance, or any grandfather provisions; | ||||||
19 | (8) any restrictions noted on the medical examiner's | ||||||
20 | certificate; | ||||||
21 | (9) the date the medical examiner's certificate | ||||||
22 | information was posted to the CDLIS driver record; and | ||||||
23 | (10) the medical examiner's National Registry of | ||||||
24 | Certified Medical Examiners identification number. | ||||||
25 | (f) Within 10 calendar days of the expiration or rescission | ||||||
26 | of the driver's medical examiner's certificate or medical |
| |||||||
| |||||||
1 | variance or both, the Secretary shall update the medical | ||||||
2 | certification status to "not certified". | ||||||
3 | (g) Within 10 calendar days of receipt of information from | ||||||
4 | the Federal Motor Carrier Safety Administration regarding | ||||||
5 | issuance or renewal of a medical variance, the Secretary shall | ||||||
6 | update the CDLIS driver record to include the medical variance | ||||||
7 | information provided by the Federal Motor Carrier Safety | ||||||
8 | Administration. | ||||||
9 | (g-5) Beginning June 22, 2018, within one business day of | ||||||
10 | electronic receipt of information from the Federal Motor | ||||||
11 | Carrier Safety Administration regarding issuance or renewal of | ||||||
12 | a medical variance, the Secretary shall update the CDLIS driver | ||||||
13 | record to include the medical variance information provided by | ||||||
14 | the Federal Motor Carrier Safety Administration. | ||||||
15 | (h) The Secretary shall notify the driver of his or her | ||||||
16 | non-certified status and that his or her CDL will be canceled | ||||||
17 | unless the driver submits a current medical examiner's | ||||||
18 | certificate or medical variance or changes his or her | ||||||
19 | self-certification to driving only in excepted or intrastate | ||||||
20 | commerce. | ||||||
21 | (i) Within 60 calendar days of a driver's medical | ||||||
22 | certification status becoming non-certified, the Secretary | ||||||
23 | shall cancel the CDL.
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24 | (j) As required under the Code of Federal Regulations 49 | ||||||
25 | CFR 390.39, an operator of a covered farm vehicle, as defined | ||||||
26 | under Section 18b-101 of this Code, is exempt from the |
| |||||||
| |||||||
1 | requirements of this Section. | ||||||
2 | (k) For purposes of ensuring a person is medically fit to | ||||||
3 | drive a commercial motor vehicle, the Secretary may release | ||||||
4 | medical information provided by an applicant or a holder of a | ||||||
5 | CDL or CLP to the Federal Motor Carrier Safety Administration. | ||||||
6 | Medical information includes, but is not limited to, a medical | ||||||
7 | examiner's certificate, a medical report that the Secretary | ||||||
8 | requires to be submitted, statements regarding medical | ||||||
9 | conditions made by an applicant or a holder of a CDL or CLP, or | ||||||
10 | statements made by his or her physician. | ||||||
11 | (Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section | ||||||
12 | 10 of P.A. 99-414 for the effective date of changes made by | ||||||
13 | P.A. 98-176); 99-57, eff. 7-16-15; 99-607, eff. 7-22-16.)
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
|