Sen. Omar Aquino

Filed: 4/20/2018

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LRB100 17944 LNS 38924 a

1 AMENDMENT TO SENATE BILL 2411

2 AMENDMENT NO. ______. Amend Senate Bill 2411 by replacing

3 everything after the enacting clause with the following:

4 "Section 1. This Act may be referred to as the License to

5 Work Act.

6 Section 5. The Illinois Vehicle Code is amended by changing

7 Sections 3-704.2, 6-201, 6-204, 6-205, 6-206, 6-209, 6-306.5,

8 and 11-208.3 and by adding Sections 6-209.1, and 6-213 as

9 follows:

10 (625 ILCS 5/3-704.2)

11 Sec. 3-704.2. Failure to satisfy fines or penalties for

12 toll violations or evasions; suspension of vehicle

13 registration.

14 (a) Upon receipt of a certified report, as prescribed by

15 subsection (c) of this Section, from the Authority stating that

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1 the owner of a registered vehicle has failed to satisfy any

2 fine or penalty resulting from a final order issued by the

3 Authority relating directly or indirectly to 5 or more toll

4 violations, toll evasions, or both, the Secretary of State

5 shall suspend the vehicle registration of the person in

6 accordance with the procedures set forth in this Section.

7 (b) Following receipt of the certified report of the

8 Authority as specified in the Section, the Secretary of State

9 shall notify the person whose name appears on the certified

10 report that the person's vehicle registration will be suspended

11 at the end of a specified period unless the Secretary of State

12 is presented with a notice from the Authority certifying that

13 the fines or penalties owing the Authority have been satisfied

14 or that inclusion of that person's name on the certified report

15 was in error. The Secretary's notice shall state in substance

16 the information contained in the Authority's certified report

17 to the Secretary, and shall be effective as specified by

18 subsection (c) of Section 6-211 of this Code.

19 (c) The report from the Authority notifying the Secretary

20 of unsatisfied fines or penalties pursuant to this Section

21 shall be certified and shall contain the following:

22 (1) The name, last known address, and driver's license

23 number of the person who failed to satisfy the fines or

24 penalties and the registration number of any vehicle known

25 to be registered in this State to that person.

26 (2) A statement that the Authority sent a notice of

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1 impending suspension of the person's driver's license,

2 vehicle registration, or both, as prescribed by rules

3 enacted pursuant to subsection (a-5) of Section 10 of the

4 Toll Highway Act, to the person named in the report at the

5 address recorded with the Secretary of State; the date on

6 which the notice was sent; and the address to which the

7 notice was sent.

8 (d) The Authority, after making a certified report to the

9 Secretary pursuant to this Section, shall notify the Secretary,

10 on a form prescribed by the Secretary, whenever a person named

11 in the certified report has satisfied the previously reported

12 fines or penalties or whenever the Authority determines that

13 the original report was in error. A certified copy of the

14 notification shall also be given upon request and at no

15 additional charge to the person named therein. Upon receipt of

16 the Authority's notification or presentation of a certified

17 copy of the notification, the Secretary shall terminate the

18 suspension.

19 (e) The Authority shall, by rule, establish procedures for

20 persons to challenge the accuracy of the certified report made

21 pursuant to this Section. The rule shall also provide the

22 grounds for a challenge, which may be limited to:

23 (1) the person not having been the owner or lessee of

24 the vehicle or vehicles receiving 5 or more toll violation

25 or toll evasion notices on the date or dates the notices

26 were issued; or

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1 (2) the person having already satisfied the fines or

2 penalties for the 5 or more toll violations or toll

3 evasions indicated on the certified report.

4 (f) All notices sent by the Authority to persons involved

5 in administrative adjudications, hearings, and final orders

6 issued pursuant to rules implementing subsection (a-5) of

7 Section 10 of the Toll Highway Act shall state, in clear and

8 unambiguous language, the consequences of~~that failure to~~

9 ~~satisfy any fine or penalty imposed by the Authority shall~~

10 ~~result in the Secretary of State suspending the driving~~

11 ~~privileges, vehicle registration, or both, of the person~~

12 failing to satisfy the fines or penalties imposed by the

13 Authority.

14 (g) A person may request an administrative hearing to

15 contest an impending suspension or a suspension made pursuant

16 to this Section upon filing a written request with the

17 Secretary. The filing fee for this hearing is $20, to be paid

18 at the time of the request. The Authority shall reimburse the

19 Secretary for all reasonable costs incurred by the Secretary as

20 a result of the filing of a certified report pursuant to this

21 Section, including, but not limited to, the costs of providing

22 notice required pursuant to subsection (b) and the costs

23 incurred by the Secretary in any hearing conducted with respect

24 to the report pursuant to this subsection and any appeal from

25 that hearing.

26 (h) The Secretary and the Authority may promulgate rules to

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1 enable them to carry out their duties under this Section.

2 (i) The Authority shall cooperate with the Secretary in the

3 administration of this Section and shall provide the Secretary

4 with any information the Secretary may deem necessary for these

5 purposes, including regular and timely access to toll violation

6 enforcement records.

7 The Secretary shall cooperate with the Authority in the

8 administration of this Section and shall provide the Authority

9 with any information the Authority may deem necessary for the

10 purposes of this Section, including regular and timely access

11 to vehicle registration records. Section 2-123 of this Code

12 shall not apply to the provision of this information, but the

13 Secretary shall be reimbursed for the cost of providing this

14 information.

15 (j) For purposes of this Section, the term "Authority"

16 means the Illinois State Toll Highway Authority.

17 (Source: P.A. 91-277, eff. 1-1-00.)

18 (625 ILCS 5/6-201)

19 Sec. 6-201. Authority to cancel licenses and permits.

20 (a) The Secretary of State is authorized to cancel any

21 license or permit upon determining that the holder thereof:

22 1. was not entitled to the issuance thereof hereunder;

23 or

24 2. failed to give the required or correct information

25 in his application; or

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1 3. failed to pay any fees owed to the Secretary of

2 State under this Code for the license or permit ~~, civil~~

3 ~~penalties owed to the Illinois Commerce Commission, or~~

4 ~~taxes due under this Act and upon reasonable notice and~~

5 ~~demand~~; or

6 4. committed any fraud in the making of such

7 application; or

8 5. is ineligible therefor under the provisions of

9 Section 6-103 of this Act, as amended; or

10 6. has refused or neglected to submit an alcohol, drug,

11 and intoxicating compound evaluation or to submit to

12 examination or re-examination as required under this Act;

13 or

14 7. has been convicted of violating the Cannabis Control

15 Act, the Illinois Controlled Substances Act, the

16 Methamphetamine Control and Community Protection Act, or

17 the Use of Intoxicating Compounds Act while that individual

18 was in actual physical control of a motor vehicle. For

19 purposes of this Section, any person placed on probation

20 under Section 10 of the Cannabis Control Act, Section 410

21 of the Illinois Controlled Substances Act, or Section 70 of

22 the Methamphetamine Control and Community Protection Act

23 shall not be considered convicted. Any person found guilty

24 of this offense, while in actual physical control of a

25 motor vehicle, shall have an entry made in the court record

26 by the judge that this offense did occur while the person

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1 was in actual physical control of a motor vehicle and order

2 the clerk of the court to report the violation to the

3 Secretary of State as such. After the cancellation, the

4 Secretary of State shall not issue a new license or permit

5 for a period of one year after the date of cancellation.

6 However, upon application, the Secretary of State may, if

7 satisfied that the person applying will not endanger the

8 public safety, or welfare, issue a restricted driving

9 permit granting the privilege of driving a motor vehicle

10 between the petitioner's residence and petitioner's place

11 of employment or within the scope of the petitioner's

12 employment related duties, or to allow transportation for

13 the petitioner or a household member of the petitioner's

14 family for the receipt of necessary medical care, or

15 provide transportation for the petitioner to and from

16 alcohol or drug remedial or rehabilitative activity

17 recommended by a licensed service provider, or for the

18 petitioner to attend classes, as a student, in an

19 accredited educational institution. The petitioner must

20 demonstrate that no alternative means of transportation is

21 reasonably available; provided that the Secretary's

22 discretion shall be limited to cases where undue hardship,

23 as defined by the rules of the Secretary of State, would

24 result from a failure to issue such restricted driving

25 permit. In each case the Secretary of State may issue such

26 restricted driving permit for such period as he deems

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1 appropriate, except that such permit shall expire within

2 one year from the date of issuance. A restricted driving

3 permit issued hereunder shall be subject to cancellation,

4 revocation and suspension by the Secretary of State in like

5 manner and for like cause as a driver's license issued

6 hereunder may be cancelled, revoked or suspended; except

7 that a conviction upon one or more offenses against laws or

8 ordinances regulating the movement of traffic shall be

9 deemed sufficient cause for the revocation, suspension or

10 cancellation of a restricted driving permit. The Secretary

11 of State may, as a condition to the issuance of a

12 restricted driving permit, require the applicant to

13 participate in a driver remedial or rehabilitative

14 program. In accordance with 49 C.F.R. 384, the Secretary of

15 State may not issue a restricted driving permit for the

16 operation of a commercial motor vehicle to a person holding

17 a CDL whose driving privileges have been revoked,

18 suspended, cancelled, or disqualified under this Code; or

19 8. failed to submit a report as required by Section

20 6-116.5 of this Code; or

21 9. has been convicted of a sex offense as defined in

22 the Sex Offender Registration Act. The driver's license

23 shall remain cancelled until the driver registers as a sex

24 offender as required by the Sex Offender Registration Act,

25 proof of the registration is furnished to the Secretary of

26 State and the sex offender provides proof of current

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1 address to the Secretary; or

2 10. is ineligible for a license or permit under Section

3 6-107, 6-107.1, or 6-108 of this Code; or

4 11. refused or neglected to appear at a Driver Services

5 facility to have the license or permit corrected and a new

6 license or permit issued or to present documentation for

7 verification of identity; or

8 12. failed to submit a medical examiner's certificate

9 or medical variance as required by 49 C.F.R. 383.71 or

10 submitted a fraudulent medical examiner's certificate or

11 medical variance; or

12 13. has had his or her medical examiner's certificate,

13 medical variance, or both removed or rescinded by the

14 Federal Motor Carrier Safety Administration; or

15 14. failed to self-certify as to the type of driving in

16 which the CDL driver engages or expects to engage; or

17 15. has submitted acceptable documentation indicating

18 out-of-state residency to the Secretary of State to be

19 released from the requirement of showing proof of financial

20 responsibility in this State; or

21 16. was convicted of fraud relating to the testing or

22 issuance of a CDL or CLP, in which case only the CDL or CLP

23 shall be cancelled. After cancellation, the Secretary

24 shall not issue a CLP or CDL for a period of one year from

25 the date of cancellation; or

26 17. has a special restricted license under subsection

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1 (g) of Section 6-113 of this Code and failed to submit the

2 required annual vision specialist report that the special

3 restricted license holder's vision has not changed; or

4 18. has a special restricted license under subsection

5 (g) of Section 6-113 of this Code and was convicted or

6 received court supervision for a violation of this Code

7 that occurred during nighttime hours or was involved in a

8 motor vehicle accident during nighttime hours in which the

9 restricted license holder was at fault; or

10 19. has assisted an out-of-state resident in acquiring

11 an Illinois driver's license or identification card by

12 providing or allowing the out-of-state resident to use his

13 or her Illinois address of residence and is complicit in

14 distributing and forwarding the Illinois driver's license

15 or identification card to the out-of-state resident.

16 (b) Upon such cancellation the licensee or permittee must

17 surrender the license or permit so cancelled to the Secretary

18 of State.

19 (c) Except as provided in Sections 6-206.1 and 7-702.1, the

20 Secretary of State shall have exclusive authority to grant,

21 issue, deny, cancel, suspend and revoke driving privileges,

22 drivers' licenses and restricted driving permits.

23 (c-5) A person whose driver's license was cancelled under

24 paragraph (9) of subsection (a) of this Section before the

25 effective date of this amendatory Act of the 100th General

26 Assembly and remains cancelled shall have his or her driver's

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1 license reinstated.

2 (d) The Secretary of State may adopt rules to implement

3 this Section.

4 (Source: P.A. 100-409, eff. 8-25-17.)

5 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)

6 Sec. 6-204. When court to forward license and reports.

7 (a) For the purpose of providing to the Secretary of State

8 the records essential to the performance of the Secretary's

9 duties under this Code to cancel, revoke or suspend the

10 driver's license and privilege to drive motor vehicles of

11 certain minors ~~adjudicated truant minors in need of~~

12 ~~supervision, addicted, or delinquent~~and of persons found

13 guilty of the criminal offenses or traffic violations which

14 this Code recognizes as evidence relating to unfitness to

15 safely operate motor vehicles, the following duties are imposed

16 upon public officials:

17 (1) Whenever any person is convicted of any offense for

18 which this Code makes mandatory the cancellation or

19 revocation of the driver's license or permit of such person

20 by the Secretary of State, the judge of the court in which

21 such conviction is had shall require the surrender to the

22 clerk of the court of all driver's licenses or permits then

23 held by the person so convicted, and the clerk of the court

24 shall, within 5 days thereafter, forward the same, together

25 with a report of such conviction, to the Secretary.

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1 (2) Whenever any person is convicted of any offense

2 under this Code or similar offenses under a municipal

3 ordinance, other than regulations governing standing,

4 parking or weights of vehicles, and excepting the following

5 enumerated Sections of this Code: Sections 11-1406

6 (obstruction to driver's view or control), 11-1407

7 (improper opening of door into traffic), 11-1410 (coasting

8 on downgrade), 11-1411 (following fire apparatus),

9 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving

10 vehicle which is in unsafe condition or improperly

11 equipped), 12-201(a) (daytime lights on motorcycles),

12 12-202 (clearance, identification and side marker lamps),

13 12-204 (lamp or flag on projecting load), 12-205 (failure

14 to display the safety lights required), 12-401

15 (restrictions as to tire equipment), 12-502 (mirrors),

16 12-503 (windshields must be unobstructed and equipped with

17 wipers), 12-601 (horns and warning devices), 12-602

18 (mufflers, prevention of noise or smoke), 12-603 (seat

19 safety belts), 12-702 (certain vehicles to carry flares or

20 other warning devices), 12-703 (vehicles for oiling roads

21 operated on highways), 12-710 (splash guards and

22 replacements), 13-101 (safety tests), 15-101 (size, weight

23 and load), 15-102 (width), 15-103 (height), 15-104 (name

24 and address on second division vehicles), 15-107 (length of

25 vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),

26 15-112 (weights), 15-301 (weights), 15-316 (weights),

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1 15-318 (weights), and also excepting the following

2 enumerated Sections of the Chicago Municipal Code:

3 Sections 27-245 (following fire apparatus), 27-254

4 (obstruction of traffic), 27-258 (driving vehicle which is

5 in unsafe condition), 27-259 (coasting on downgrade),

6 27-264 (use of horns and signal devices), 27-265

7 (obstruction to driver's view or driver mechanism), 27-267

8 (dimming of headlights), 27-268 (unattended motor

9 vehicle), 27-272 (illegal funeral procession), 27-273

10 (funeral procession on boulevard), 27-275 (driving freight

11 hauling vehicles on boulevard), 27-276 (stopping and

12 standing of buses or taxicabs), 27-277 (cruising of public

13 passenger vehicles), 27-305 (parallel parking), 27-306

14 (diagonal parking), 27-307 (parking not to obstruct

15 traffic), 27-308 (stopping, standing or parking

16 regulated), 27-311 (parking regulations), 27-312 (parking

17 regulations), 27-313 (parking regulations), 27-314

18 (parking regulations), 27-315 (parking regulations),

19 27-316 (parking regulations), 27-317 (parking

20 regulations), 27-318 (parking regulations), 27-319

21 (parking regulations), 27-320 (parking regulations),

22 27-321 (parking regulations), 27-322 (parking

23 regulations), 27-324 (loading and unloading at an angle),

24 27-333 (wheel and axle loads), 27-334 (load restrictions in

25 the downtown district), 27-335 (load restrictions in

26 residential areas), 27-338 (width of vehicles), 27-339

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1 (height of vehicles), 27-340 (length of vehicles), 27-352

2 (reflectors on trailers), 27-353 (mufflers), 27-354

3 (display of plates), 27-355 (display of city vehicle tax

4 sticker), 27-357 (identification of vehicles), 27-358

5 (projecting of loads), and also excepting the following

6 enumerated paragraphs of Section 2-201 of the Rules and

7 Regulations of the Illinois State Toll Highway Authority:

8 (l) (driving unsafe vehicle on tollway), (m) (vehicles

9 transporting dangerous cargo not properly indicated), it

10 shall be the duty of the clerk of the court in which such

11 conviction is had within 5 days thereafter to forward to

12 the Secretary of State a report of the conviction and the

13 court may recommend the suspension of the driver's license

14 or permit of the person so convicted.

15 The reporting requirements of this subsection shall

16 apply to all violations stated in paragraphs (1) and (2) of

17 this subsection when the individual has been adjudicated

18 under the Juvenile Court Act or the Juvenile Court Act of

19 1987. Such reporting requirements shall also apply to

20 individuals adjudicated under the Juvenile Court Act or the

21 Juvenile Court Act of 1987 who have committed a violation

22 of Section 11-501 of this Code, or similar provision of a

23 local ordinance, or Section 9-3 of the Criminal Code of

24 1961 or the Criminal Code of 2012, relating to the offense

25 of reckless homicide, or Section 5-7 of the Snowmobile

26 Registration and Safety Act or Section 5-16 of the Boat

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1 Registration and Safety Act, relating to the offense of

2 operating a snowmobile or a watercraft while under the

3 influence of alcohol, other drug or drugs, intoxicating

4 compound or compounds, or combination thereof. These

5 reporting requirements also apply to individuals

6 adjudicated under the Juvenile Court Act of 1987 based on

7 any offense determined to have been committed in

8 furtherance of the criminal activities of an organized

9 gang, as provided in Section 5-710 of that Act, if those

10 activities ~~and that~~ involved the operation or use of a

11 motor vehicle ~~or the use of a driver's license or permit~~.

12 ~~The reporting requirements of this subsection shall also~~

13 ~~apply to a truant minor in need of supervision, an addicted~~

14 ~~minor, or a delinquent minor and whose driver's license and~~

15 ~~privilege to drive a motor vehicle has been ordered~~

16 ~~suspended for such times as determined by the court, but~~

17 ~~only until he or she attains 18 years of age.~~ It shall be

18 the duty of the clerk of the court in which adjudication is

19 had within 5 days thereafter to forward to the Secretary of

20 State a report of the adjudication and the court order

21 requiring the Secretary of State to suspend the minor's

22 driver's license and driving privilege for such time as

23 determined by the court, but only until he or she attains

24 the age of 18 years. All juvenile court dispositions

25 reported to the Secretary of State under this provision

26 shall be processed by the Secretary of State as if the

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1 cases had been adjudicated in traffic or criminal court.

2 However, information reported relative to the offense of

3 reckless homicide, or Section 11-501 of this Code, or a

4 similar provision of a local ordinance, shall be privileged

5 and available only to the Secretary of State, courts, and

6 police officers.

7 The reporting requirements of this subsection (a)

8 apply to all violations listed in paragraphs (1) and (2) of

9 this subsection (a), excluding parking violations, when

10 the driver holds a CLP or CDL, regardless of the type of

11 vehicle in which the violation occurred, or when any driver

12 committed the violation in a commercial motor vehicle as

13 defined in Section 6-500 of this Code.

14 (3) Whenever an order is entered vacating the

15 forfeiture of any bail, security or bond given to secure

16 appearance for any offense under this Code or similar

17 offenses under municipal ordinance, it shall be the duty of

18 the clerk of the court in which such vacation was had or

19 the judge of such court if such court has no clerk, within

20 5 days thereafter to forward to the Secretary of State a

21 report of the vacation.

22 (4) A report of any disposition of court supervision

23 for a violation of Sections 6-303, 11-401, 11-501 or a

24 similar provision of a local ordinance, 11-503, 11-504, and

25 11-506 of this Code, Section 5-7 of the Snowmobile

26 Registration and Safety Act, and Section 5-16 of the Boat

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1 Registration and Safety Act shall be forwarded to the

2 Secretary of State. A report of any disposition of court

3 supervision for a violation of an offense defined as a

4 serious traffic violation in this Code or a similar

5 provision of a local ordinance committed by a person under

6 the age of 21 years shall be forwarded to the Secretary of

7 State.

8 (5) Reports of conviction under this Code and

9 sentencing hearings under the Juvenile Court Act of 1987 in

10 an electronic format or a computer processible medium shall

11 be forwarded to the Secretary of State via the Supreme

12 Court in the form and format required by the Illinois

13 Supreme Court and established by a written agreement

14 between the Supreme Court and the Secretary of State. In

15 counties with a population over 300,000, instead of

16 forwarding reports to the Supreme Court, reports of

17 conviction under this Code and sentencing hearings under

18 the Juvenile Court Act of 1987 in an electronic format or a

19 computer processible medium may be forwarded to the

20 Secretary of State by the Circuit Court Clerk in a form and

21 format required by the Secretary of State and established

22 by written agreement between the Circuit Court Clerk and

23 the Secretary of State. Failure to forward the reports of

24 conviction or sentencing hearing under the Juvenile Court

25 Act of 1987 as required by this Section shall be deemed an

26 omission of duty and it shall be the duty of the several

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1 State's Attorneys to enforce the requirements of this

2 Section.

3 (b) Whenever a restricted driving permit is forwarded to a

4 court, as a result of confiscation by a police officer pursuant

5 to the authority in Section 6-113(f), it shall be the duty of

6 the clerk, or judge, if the court has no clerk, to forward such

7 restricted driving permit and a facsimile of the officer's

8 citation to the Secretary of State as expeditiously as

9 practicable.

10 (c) For the purposes of this Code, a forfeiture of bail or

11 collateral deposited to secure a defendant's appearance in

12 court when forfeiture has not been vacated, or the failure of a

13 defendant to appear for trial after depositing his driver's

14 license in lieu of other bail, shall be equivalent to a

15 conviction.

16 (d) For the purpose of providing the Secretary of State

17 with records necessary to properly monitor and assess driver

18 performance and assist the courts in the proper disposition of

19 repeat traffic law offenders, the clerk of the court shall

20 forward to the Secretary of State, on a form prescribed by the

21 Secretary, records of a driver's participation in a driver

22 remedial or rehabilitative program which was required, through

23 a court order or court supervision, in relation to the driver's

24 arrest for a violation of Section 11-501 of this Code or a

25 similar provision of a local ordinance. The clerk of the court

26 shall also forward to the Secretary, either on paper or in an

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1 electronic format or a computer processible medium as required

2 under paragraph (5) of subsection (a) of this Section, any

3 disposition of court supervision for any traffic violation,

4 excluding those offenses listed in paragraph (2) of subsection

5 (a) of this Section. These reports shall be sent within 5 days

6 after disposition, or, if the driver is referred to a driver

7 remedial or rehabilitative program, within 5 days of the

8 driver's referral to that program. These reports received by

9 the Secretary of State, including those required to be

10 forwarded under paragraph (a)(4), shall be privileged

11 information, available only (i) to the affected driver, (ii) to

12 the parent or guardian of a person under the age of 18 years

13 holding an instruction permit or a graduated driver's license,

14 and (iii) for use by the courts, police officers, prosecuting

15 authorities, the Secretary of State, and the driver licensing

16 administrator of any other state. In accordance with 49 C.F.R.

17 Part 384, all reports of court supervision, except violations

18 related to parking, shall be forwarded to the Secretary of

19 State for all holders of a CLP or CDL or any driver who commits

20 an offense while driving a commercial motor vehicle. These

21 reports shall be recorded to the driver's record as a

22 conviction for use in the disqualification of the driver's

23 commercial motor vehicle privileges and shall not be privileged

24 information.

25 (Source: P.A. 100-74, eff. 8-11-17.)

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1 (625 ILCS 5/6-205)

2 Sec. 6-205. Mandatory revocation of license or permit;

3 hardship cases.

4 (a) Except as provided in this Section, the Secretary of

5 State shall immediately revoke the license, permit, or driving

6 privileges of any driver upon receiving a report of the

7 driver's conviction of any of the following offenses:

8 1. Reckless homicide resulting from the operation of a

9 motor vehicle;

10 2. Violation of Section 11-501 of this Code or a

11 similar provision of a local ordinance relating to the

12 offense of operating or being in physical control of a

13 vehicle while under the influence of alcohol, other drug or

14 drugs, intoxicating compound or compounds, or any

15 combination thereof;

16 3. Any felony under the laws of any State or the

17 federal government in the commission of which a motor

18 vehicle was used;

19 4. Violation of Section 11-401 of this Code relating to

20 the offense of leaving the scene of a traffic accident

21 involving death or personal injury;

22 5. Perjury or the making of a false affidavit or

23 statement under oath to the Secretary of State under this

24 Code or under any other law relating to the ownership or

25 operation of motor vehicles;

26 6. Conviction upon 3 charges of violation of Section

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1 11-503 of this Code relating to the offense of reckless

2 driving committed within a period of 12 months;

3 7. Conviction of any offense defined in Section 4-102

4 of this Code if the person exercised actual physical

5 control over the vehicle during the commission of the

6 offense;

7 8. Violation of Section 11-504 of this Code relating to

8 the offense of drag racing;

9 9. Violation of Chapters 8 and 9 of this Code;

10 10. Violation of Section 12-5 of the Criminal Code of

11 1961 or the Criminal Code of 2012 arising from the use of a

12 motor vehicle;

13 11. Violation of Section 11-204.1 of this Code relating

14 to aggravated fleeing or attempting to elude a peace

15 officer;

16 12. Violation of paragraph (1) of subsection (b) of

17 Section 6-507, or a similar law of any other state,

18 relating to the unlawful operation of a commercial motor

19 vehicle;

20 13. Violation of paragraph (a) of Section 11-502 of

21 this Code or a similar provision of a local ordinance if

22 the driver has been previously convicted of a violation of

23 that Section or a similar provision of a local ordinance

24 and the driver was less than 21 years of age at the time of

25 the offense;

26 14. Violation of paragraph (a) of Section 11-506 of

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1 this Code or a similar provision of a local ordinance

2 relating to the offense of street racing;

3 15. A second or subsequent conviction of driving while

4 the person's driver's license, permit or privileges was

5 revoked for reckless homicide or a similar out-of-state

6 offense;

7 16. Any offense against any provision in this Code, or

8 any local ordinance, regulating the movement of traffic

9 when that offense was the proximate cause of the death of

10 any person. Any person whose driving privileges have been

11 revoked pursuant to this paragraph may seek to have the

12 revocation terminated or to have the length of revocation

13 reduced by requesting an administrative hearing with the

14 Secretary of State prior to the projected driver's license

15 application eligibility date;

16 17. Violation of subsection (a-2) of Section 11-1301.3

17 of this Code or a similar provision of a local ordinance;

18 18. A second or subsequent conviction of illegal

19 possession, while operating or in actual physical control,

20 as a driver, of a motor vehicle, of any controlled

21 substance prohibited under the Illinois Controlled

22 Substances Act, any cannabis prohibited under the Cannabis

23 Control Act, or any methamphetamine prohibited under the

24 Methamphetamine Control and Community Protection Act. A

25 defendant found guilty of this offense while operating a

26 motor vehicle shall have an entry made in the court record

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LRB100 17944 LNS 38924 a

1 by the presiding judge that this offense did occur while

2 the defendant was operating a motor vehicle and order the

3 clerk of the court to report the violation to the Secretary

4 of State;

5 19. Violation of subsection (a) of Section 11-1414 of

6 this Code, or a similar provision of a local ordinance,

7 relating to the offense of overtaking or passing of a

8 school bus when the driver, in committing the violation, is

9 involved in a motor vehicle accident that results in death

10 to another and the violation is a proximate cause of the

11 death.

12 (b) The Secretary of State shall also immediately revoke

13 the license or permit of any driver in the following

14 situations:

15 1. Of any minor upon receiving the notice provided for

16 in Section 5-901 of the Juvenile Court Act of 1987 that the

17 minor has been adjudicated under that Act as having

18 committed an offense relating to motor vehicles prescribed

19 in Section 4-103 of this Code;

20 2. Of any person when any other law of this State

21 requires either the revocation or suspension of a license

22 or permit;

23 3. Of any person adjudicated under the Juvenile Court

24 Act of 1987 based on an offense determined to have been

25 committed in furtherance of the criminal activities of an

26 organized gang as provided in Section 5-710 of that Act,

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1 and that involved the operation or use of a motor vehicle

2 or the use of a driver's license or permit. The revocation

3 shall remain in effect for the period determined by the

4 court.

5 (c)(1) Whenever a person is convicted of any of the

6 offenses enumerated in this Section, the court may recommend

7 and the Secretary of State in his discretion, without regard to

8 whether the recommendation is made by the court may, upon

9 application, issue to the person a restricted driving permit

10 granting the privilege of driving a motor vehicle between the

11 petitioner's residence and petitioner's place of employment or

12 within the scope of the petitioner's employment related duties,

13 or to allow the petitioner to transport himself or herself or a

14 family member of the petitioner's household to a medical

15 facility for the receipt of necessary medical care or to allow

16 the petitioner to transport himself or herself to and from

17 alcohol or drug remedial or rehabilitative activity

18 recommended by a licensed service provider, or to allow the

19 petitioner to transport himself or herself or a family member

20 of the petitioner's household to classes, as a student, at an

21 accredited educational institution, or to allow the petitioner

22 to transport children, elderly persons, or persons with

23 disabilities who do not hold driving privileges and are living

24 in the petitioner's household to and from daycare; if the

25 petitioner is able to demonstrate that no alternative means of

26 transportation is reasonably available and that the petitioner

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1 will not endanger the public safety or welfare; provided that

2 the Secretary's discretion shall be limited to cases where

3 undue hardship, as defined by the rules of the Secretary of

4 State, would result from a failure to issue the restricted

5 driving permit.

6 (1.5) A person subject to the provisions of paragraph 4 of

7 subsection (b) of Section 6-208 of this Code may make

8 application for a restricted driving permit at a hearing

9 conducted under Section 2-118 of this Code after the expiration

10 of 5 years from the effective date of the most recent

11 revocation, or after 5 years from the date of release from a

12 period of imprisonment resulting from a conviction of the most

13 recent offense, whichever is later, provided the person, in

14 addition to all other requirements of the Secretary, shows by

15 clear and convincing evidence:

16 (A) a minimum of 3 years of uninterrupted abstinence

17 from alcohol and the unlawful use or consumption of

18 cannabis under the Cannabis Control Act, a controlled

19 substance under the Illinois Controlled Substances Act, an

20 intoxicating compound under the Use of Intoxicating

21 Compounds Act, or methamphetamine under the

22 Methamphetamine Control and Community Protection Act; and

23 (B) the successful completion of any rehabilitative

24 treatment and involvement in any ongoing rehabilitative

25 activity that may be recommended by a properly licensed

26 service provider according to an assessment of the person's

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1 alcohol or drug use under Section 11-501.01 of this Code.

2 In determining whether an applicant is eligible for a

3 restricted driving permit under this paragraph (1.5), the

4 Secretary may consider any relevant evidence, including, but

5 not limited to, testimony, affidavits, records, and the results

6 of regular alcohol or drug tests. Persons subject to the

7 provisions of paragraph 4 of subsection (b) of Section 6-208 of

8 this Code and who have been convicted of more than one

9 violation of paragraph (3), paragraph (4), or paragraph (5) of

10 subsection (a) of Section 11-501 of this Code shall not be

11 eligible to apply for a restricted driving permit.

12 A restricted driving permit issued under this paragraph

13 (1.5) shall provide that the holder may only operate motor

14 vehicles equipped with an ignition interlock device as required

15 under paragraph (2) of subsection (c) of this Section and

16 subparagraph (A) of paragraph 3 of subsection (c) of Section

17 6-206 of this Code. The Secretary may revoke a restricted

18 driving permit or amend the conditions of a restricted driving

19 permit issued under this paragraph (1.5) if the holder operates

20 a vehicle that is not equipped with an ignition interlock

21 device, or for any other reason authorized under this Code.

22 A restricted driving permit issued under this paragraph

23 (1.5) shall be revoked, and the holder barred from applying for

24 or being issued a restricted driving permit in the future, if

25 the holder is subsequently convicted of a violation of Section

26 11-501 of this Code, a similar provision of a local ordinance,

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1 or a similar offense in another state.

2 (2) If a person's license or permit is revoked or suspended

3 due to 2 or more convictions of violating Section 11-501 of

4 this Code or a similar provision of a local ordinance or a

5 similar out-of-state offense, or Section 9-3 of the Criminal

6 Code of 1961 or the Criminal Code of 2012, where the use of

7 alcohol or other drugs is recited as an element of the offense,

8 or a similar out-of-state offense, or a combination of these

9 offenses, arising out of separate occurrences, that person, if

10 issued a restricted driving permit, may not operate a vehicle

11 unless it has been equipped with an ignition interlock device

12 as defined in Section 1-129.1.

13 (3) If:

14 (A) a person's license or permit is revoked or

15 suspended 2 or more times due to any combination of:

16 (i) a single conviction of violating Section

17 11-501 of this Code or a similar provision of a local

18 ordinance or a similar out-of-state offense, or

19 Section 9-3 of the Criminal Code of 1961 or the

20 Criminal Code of 2012, where the use of alcohol or

21 other drugs is recited as an element of the offense, or

22 a similar out-of-state offense; or

23 (ii) a statutory summary suspension or revocation

24 under Section 11-501.1; or

25 (iii) a suspension pursuant to Section 6-203.1;

26 arising out of separate occurrences; or

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LRB100 17944 LNS 38924 a

1 (B) a person has been convicted of one violation of

2 subparagraph (C) or (F) of paragraph (1) of subsection (d)

3 of Section 11-501 of this Code, Section 9-3 of the Criminal

4 Code of 1961 or the Criminal Code of 2012, relating to the

5 offense of reckless homicide where the use of alcohol or

6 other drugs was recited as an element of the offense, or a

7 similar provision of a law of another state;

8 that person, if issued a restricted driving permit, may not

9 operate a vehicle unless it has been equipped with an ignition

10 interlock device as defined in Section 1-129.1.

11 (4) The person issued a permit conditioned on the use of an

12 ignition interlock device must pay to the Secretary of State

13 DUI Administration Fund an amount not to exceed $30 per month.

14 The Secretary shall establish by rule the amount and the

15 procedures, terms, and conditions relating to these fees.

16 (5) If the restricted driving permit is issued for

17 employment purposes, then the prohibition against operating a

18 motor vehicle that is not equipped with an ignition interlock

19 device does not apply to the operation of an occupational

20 vehicle owned or leased by that person's employer when used

21 solely for employment purposes. For any person who, within a

22 5-year period, is convicted of a second or subsequent offense

23 under Section 11-501 of this Code, or a similar provision of a

24 local ordinance or similar out-of-state offense, this

25 employment exemption does not apply until either a one-year

26 period has elapsed during which that person had his or her

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1 driving privileges revoked or a one-year period has elapsed

2 during which that person had a restricted driving permit which

3 required the use of an ignition interlock device on every motor

4 vehicle owned or operated by that person.

5 (6) In each case the Secretary of State may issue a

6 restricted driving permit for a period he deems appropriate,

7 except that the permit shall expire within one year from the

8 date of issuance. A restricted driving permit issued under this

9 Section shall be subject to cancellation, revocation, and

10 suspension by the Secretary of State in like manner and for

11 like cause as a driver's license issued under this Code may be

12 cancelled, revoked, or suspended; except that a conviction upon

13 one or more offenses against laws or ordinances regulating the

14 movement of traffic shall be deemed sufficient cause for the

15 revocation, suspension, or cancellation of a restricted

16 driving permit. The Secretary of State may, as a condition to

17 the issuance of a restricted driving permit, require the

18 petitioner to participate in a designated driver remedial or

19 rehabilitative program. The Secretary of State is authorized to

20 cancel a restricted driving permit if the permit holder does

21 not successfully complete the program. However, if an

22 individual's driving privileges have been revoked in

23 accordance with paragraph 13 of subsection (a) of this Section,

24 no restricted driving permit shall be issued until the

25 individual has served 6 months of the revocation period.

26 (c-5) (Blank).

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1 (c-6) If a person is convicted of a second violation of

2 operating a motor vehicle while the person's driver's license,

3 permit or privilege was revoked, where the revocation was for a

4 violation of Section 9-3 of the Criminal Code of 1961 or the

5 Criminal Code of 2012 relating to the offense of reckless

6 homicide or a similar out-of-state offense, the person's

7 driving privileges shall be revoked pursuant to subdivision

8 (a)(15) of this Section. The person may not make application

9 for a license or permit until the expiration of five years from

10 the effective date of the revocation or the expiration of five

11 years from the date of release from a term of imprisonment,

12 whichever is later.

13 (c-7) If a person is convicted of a third or subsequent

14 violation of operating a motor vehicle while the person's

15 driver's license, permit or privilege was revoked, where the

16 revocation was for a violation of Section 9-3 of the Criminal

17 Code of 1961 or the Criminal Code of 2012 relating to the

18 offense of reckless homicide or a similar out-of-state offense,

19 the person may never apply for a license or permit.

20 (d)(1) Whenever a person under the age of 21 is convicted

21 under Section 11-501 of this Code or a similar provision of a

22 local ordinance or a similar out-of-state offense, the

23 Secretary of State shall revoke the driving privileges of that

24 person. One year after the date of revocation, and upon

25 application, the Secretary of State may, if satisfied that the

26 person applying will not endanger the public safety or welfare,

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1 issue a restricted driving permit granting the privilege of

2 driving a motor vehicle only between the hours of 5 a.m. and 9

3 p.m. or as otherwise provided by this Section for a period of

4 one year. After this one-year period, and upon reapplication

5 for a license as provided in Section 6-106, upon payment of the

6 appropriate reinstatement fee provided under paragraph (b) of

7 Section 6-118, the Secretary of State, in his discretion, may

8 reinstate the petitioner's driver's license and driving

9 privileges, or extend the restricted driving permit as many

10 times as the Secretary of State deems appropriate, by

11 additional periods of not more than 12 months each.

12 (2) If a person's license or permit is revoked or

13 suspended due to 2 or more convictions of violating Section

14 11-501 of this Code or a similar provision of a local

15 ordinance or a similar out-of-state offense, or Section 9-3

16 of the Criminal Code of 1961 or the Criminal Code of 2012,

17 where the use of alcohol or other drugs is recited as an

18 element of the offense, or a similar out-of-state offense,

19 or a combination of these offenses, arising out of separate

20 occurrences, that person, if issued a restricted driving

21 permit, may not operate a vehicle unless it has been

22 equipped with an ignition interlock device as defined in

23 Section 1-129.1.

24 (3) If a person's license or permit is revoked or

25 suspended 2 or more times due to any combination of:

26 (A) a single conviction of violating Section

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1 11-501 of this Code or a similar provision of a local

2 ordinance or a similar out-of-state offense, or

3 Section 9-3 of the Criminal Code of 1961 or the

4 Criminal Code of 2012, where the use of alcohol or

5 other drugs is recited as an element of the offense, or

6 a similar out-of-state offense; or

7 (B) a statutory summary suspension or revocation

8 under Section 11-501.1; or

9 (C) a suspension pursuant to Section 6-203.1;

10 arising out of separate occurrences, that person, if issued

11 a restricted driving permit, may not operate a vehicle

12 unless it has been equipped with an ignition interlock

13 device as defined in Section 1-129.1.

14 (3.5) If a person's license or permit is revoked or

15 suspended due to a conviction for a violation of

16 subparagraph (C) or (F) of paragraph (1) of subsection (d)

17 of Section 11-501 of this Code, or a similar provision of a

18 local ordinance or similar out-of-state offense, that

19 person, if issued a restricted driving permit, may not

20 operate a vehicle unless it has been equipped with an

21 ignition interlock device as defined in Section 1-129.1.

22 (4) The person issued a permit conditioned upon the use

23 of an interlock device must pay to the Secretary of State

24 DUI Administration Fund an amount not to exceed $30 per

25 month. The Secretary shall establish by rule the amount and

26 the procedures, terms, and conditions relating to these

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LRB100 17944 LNS 38924 a

1 fees.

2 (5) If the restricted driving permit is issued for

3 employment purposes, then the prohibition against driving

4 a vehicle that is not equipped with an ignition interlock

5 device does not apply to the operation of an occupational

6 vehicle owned or leased by that person's employer when used

7 solely for employment purposes. For any person who, within

8 a 5-year period, is convicted of a second or subsequent

9 offense under Section 11-501 of this Code, or a similar

10 provision of a local ordinance or similar out-of-state

11 offense, this employment exemption does not apply until

12 either a one-year period has elapsed during which that

13 person had his or her driving privileges revoked or a

14 one-year period has elapsed during which that person had a

15 restricted driving permit which required the use of an

16 ignition interlock device on every motor vehicle owned or

17 operated by that person.

18 (6) A restricted driving permit issued under this

19 Section shall be subject to cancellation, revocation, and

20 suspension by the Secretary of State in like manner and for

21 like cause as a driver's license issued under this Code may

22 be cancelled, revoked, or suspended; except that a

23 conviction upon one or more offenses against laws or

24 ordinances regulating the movement of traffic shall be

25 deemed sufficient cause for the revocation, suspension, or

26 cancellation of a restricted driving permit.

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1 (d-5) The revocation of the license, permit, or driving

2 privileges of a person convicted of a third or subsequent

3 violation of Section 6-303 of this Code committed while his or

4 her driver's license, permit, or privilege was revoked because

5 of a violation of Section 9-3 of the Criminal Code of 1961 or

6 the Criminal Code of 2012, relating to the offense of reckless

7 homicide, or a similar provision of a law of another state, is

8 permanent. The Secretary may not, at any time, issue a license

9 or permit to that person.

10 (e) This Section is subject to the provisions of the Driver

11 License Compact.

12 (f) Any revocation imposed upon any person under

13 subsections 2 and 3 of paragraph (b) that is in effect on

14 December 31, 1988 shall be converted to a suspension for a like

15 period of time.

16 (g) The Secretary of State shall not issue a restricted

17 driving permit to a person under the age of 16 years whose

18 driving privileges have been revoked under any provisions of

19 this Code.

20 (h) The Secretary of State shall require the use of

21 ignition interlock devices for a period not less than 5 years

22 on all vehicles owned by a person who has been convicted of a

23 second or subsequent offense under Section 11-501 of this Code

24 or a similar provision of a local ordinance. The person must

25 pay to the Secretary of State DUI Administration Fund an amount

26 not to exceed $30 for each month that he or she uses the

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1 device. The Secretary shall establish by rule and regulation

2 the procedures for certification and use of the interlock

3 system, the amount of the fee, and the procedures, terms, and

4 conditions relating to these fees. During the time period in

5 which a person is required to install an ignition interlock

6 device under this subsection (h), that person shall only

7 operate vehicles in which ignition interlock devices have been

8 installed, except as allowed by subdivision (c)(5) or (d)(5) of

9 this Section.

10 (i) (Blank).

11 (j) In accordance with 49 C.F.R. 384, the Secretary of

12 State may not issue a restricted driving permit for the

13 operation of a commercial motor vehicle to a person holding a

14 CDL whose driving privileges have been revoked, suspended,

15 cancelled, or disqualified under any provisions of this Code.

16 (k) The Secretary of State shall notify by mail any person

17 whose driving privileges have been revoked under paragraph 16

18 of subsection (a) of this Section that his or her driving

19 privileges and driver's license will be revoked 90 days from

20 the date of the mailing of the notice.

21 (Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;

22 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;

23 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16;

24 100-223, eff. 8-18-17.)

25 (625 ILCS 5/6-206)

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1 Sec. 6-206. Discretionary authority to suspend or revoke

2 license or permit; right to a hearing.

3 (a) The Secretary of State is authorized to suspend or

4 revoke the driving privileges of any person without preliminary

5 hearing upon a showing of the person's records or other

6 sufficient evidence that the person:

7 1. Has committed an offense for which mandatory

8 revocation of a driver's license or permit is required upon

9 conviction;

10 2. Has been convicted of not less than 3 offenses

11 against traffic regulations governing the movement of

12 vehicles committed within any 12 month period. No

13 revocation or suspension shall be entered more than 6

14 months after the date of last conviction;

15 3. Has been repeatedly involved as a driver in motor

16 vehicle collisions or has been repeatedly convicted of

17 offenses against laws and ordinances regulating the

18 movement of traffic, to a degree that indicates lack of

19 ability to exercise ordinary and reasonable care in the

20 safe operation of a motor vehicle or disrespect for the

21 traffic laws and the safety of other persons upon the

22 highway;

23 4. Has by the unlawful operation of a motor vehicle

24 caused or contributed to an accident resulting in injury

25 requiring immediate professional treatment in a medical

26 facility or doctor's office to any person, except that any

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1 suspension or revocation imposed by the Secretary of State

2 under the provisions of this subsection shall start no

3 later than 6 months after being convicted of violating a

4 law or ordinance regulating the movement of traffic, which

5 violation is related to the accident, or shall start not

6 more than one year after the date of the accident,

7 whichever date occurs later;

8 5. Has permitted an unlawful or fraudulent use of a

9 driver's license, identification card, or permit;

10 6. Has been lawfully convicted of an offense or

11 offenses in another state, including the authorization

12 contained in Section 6-203.1, which if committed within

13 this State would be grounds for suspension or revocation;

14 7. Has refused or failed to submit to an examination

15 provided for by Section 6-207 or has failed to pass the

16 examination;

17 8. Is ineligible for a driver's license or permit under

18 the provisions of Section 6-103;

19 9. Has made a false statement or knowingly concealed a

20 material fact or has used false information or

21 identification in any application for a license,

22 identification card, or permit;

23 10. Has possessed, displayed, or attempted to

24 fraudulently use any license, identification card, or

25 permit not issued to the person;

26 11. Has operated a motor vehicle upon a highway of this

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1 State when the person's driving privilege or privilege to

2 obtain a driver's license or permit was revoked or

3 suspended unless the operation was authorized by a

4 monitoring device driving permit, judicial driving permit

5 issued prior to January 1, 2009, probationary license to

6 drive, or a restricted driving permit issued under this

7 Code;

8 12. Has submitted to any portion of the application

9 process for another person or has obtained the services of

10 another person to submit to any portion of the application

11 process for the purpose of obtaining a license,

12 identification card, or permit for some other person;

13 13. Has operated a motor vehicle upon a highway of this

14 State when the person's driver's license or permit was

15 invalid under the provisions of Sections 6-107.1 and 6-110;

16 14. Has committed a violation of Section 6-301,

17 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or

18 14B of the Illinois Identification Card Act;

19 15. Has been convicted of violating Section 21-2 of the

20 Criminal Code of 1961 or the Criminal Code of 2012 relating

21 to criminal trespass to vehicles if the person exercised

22 actual physical control over the vehicle during the

23 commission of the offense, in which case~~,~~the suspension

24 shall be for one year;

25 16. Has been convicted of violating Section 11-204 of

26 this Code relating to fleeing from a peace officer;

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LRB100 17944 LNS 38924 a

1 17. Has refused to submit to a test, or tests, as

2 required under Section 11-501.1 of this Code and the person

3 has not sought a hearing as provided for in Section

4 11-501.1;

5 18. (Blank); ~~Has, since issuance of a driver's license~~

6 ~~or permit, been adjudged to be afflicted with or suffering~~

7 ~~from any mental disability or disease;~~

8 19. Has committed a violation of paragraph (a) or (b)

9 of Section 6-101 relating to driving without a driver's

10 license;

11 20. Has been convicted of violating Section 6-104

12 relating to classification of driver's license;

13 21. Has been convicted of violating Section 11-402 of

14 this Code relating to leaving the scene of an accident

15 resulting in damage to a vehicle in excess of $1,000, in

16 which case the suspension shall be for one year;

17 22. Has used a motor vehicle in violating paragraph

18 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of

19 the Criminal Code of 1961 or the Criminal Code of 2012

20 relating to unlawful use of weapons, in which case the

21 suspension shall be for one year;

22 23. Has, as a driver, been convicted of committing a

23 violation of paragraph (a) of Section 11-502 of this Code

24 for a second or subsequent time within one year of a

25 similar violation;

26 24. Has been convicted by a court-martial or punished

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1 by non-judicial punishment by military authorities of the

2 United States at a military installation in Illinois or in

3 another state of or for a traffic related offense that is

4 the same as or similar to an offense specified under

5 Section 6-205 or 6-206 of this Code;

6 25. Has permitted any form of identification to be used

7 by another in the application process in order to obtain or

8 attempt to obtain a license, identification card, or

9 permit;

10 26. Has altered or attempted to alter a license or has

11 possessed an altered license, identification card, or

12 permit;

13 27. (Blank); ~~Has violated Section 6-16 of the Liquor~~

14 ~~Control Act of 1934;~~

15 28. Has been convicted for a first time of the illegal

16 possession, while operating or in actual physical control,

17 as a driver, of a motor vehicle, of any controlled

18 substance prohibited under the Illinois Controlled

19 Substances Act, any cannabis prohibited under the Cannabis

20 Control Act, or any methamphetamine prohibited under the

21 Methamphetamine Control and Community Protection Act, in

22 which case the person's driving privileges shall be

23 suspended for one year. Any defendant found guilty of this

24 offense while operating a motor vehicle, shall have an

25 entry made in the court record by the presiding judge that

26 this offense did occur while the defendant was operating a

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1 motor vehicle and order the clerk of the court to report

2 the violation to the Secretary of State;

3 29. Has been convicted of the following offenses that

4 were committed while the person was operating or in actual

5 physical control, as a driver, of a motor vehicle: criminal

6 sexual assault, predatory criminal sexual assault of a

7 child, aggravated criminal sexual assault, criminal sexual

8 abuse, aggravated criminal sexual abuse, juvenile pimping,

9 soliciting for a juvenile prostitute, promoting juvenile

10 prostitution as described in subdivision (a)(1), (a)(2),

11 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961

12 or the Criminal Code of 2012, and the manufacture, sale or

13 delivery of controlled substances or instruments used for

14 illegal drug use or abuse in which case the driver's

15 driving privileges shall be suspended for one year;

16 30. Has been convicted a second or subsequent time for

17 any combination of the offenses named in paragraph 29 of

18 this subsection, in which case the person's driving

19 privileges shall be suspended for 5 years;

20 31. Has refused to submit to a test as required by

21 Section 11-501.6 of this Code or Section 5-16c of the Boat

22 Registration and Safety Act or has submitted to a test

23 resulting in an alcohol concentration of 0.08 or more or

24 any amount of a drug, substance, or compound resulting from

25 the unlawful use or consumption of cannabis as listed in

26 the Cannabis Control Act, a controlled substance as listed

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1 in the Illinois Controlled Substances Act, an intoxicating

2 compound as listed in the Use of Intoxicating Compounds

3 Act, or methamphetamine as listed in the Methamphetamine

4 Control and Community Protection Act, in which case the

5 penalty shall be as prescribed in Section 6-208.1;

6 32. Has been convicted of Section 24-1.2 of the

7 Criminal Code of 1961 or the Criminal Code of 2012 relating

8 to the aggravated discharge of a firearm if the offender

9 was located in a motor vehicle at the time the firearm was

10 discharged, in which case the suspension shall be for 3

11 years;

12 33. Has as a driver, who was less than 21 years of age

13 on the date of the offense, been convicted a first time of

14 a violation of paragraph (a) of Section 11-502 of this Code

15 or a similar provision of a local ordinance;

16 34. Has committed a violation of Section 11-1301.5 of

17 this Code or a similar provision of a local ordinance;

18 35. Has committed a violation of Section 11-1301.6 of

19 this Code or a similar provision of a local ordinance;

20 36. Is under the age of 21 years at the time of arrest

21 and has been convicted of not less than 2 offenses against

22 traffic regulations governing the movement of vehicles

23 committed within any 24 month period. No revocation or

24 suspension shall be entered more than 6 months after the

25 date of last conviction;

26 37. Has committed a violation of subsection (c) of

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1 Section 11-907 of this Code that resulted in damage to the

2 property of another or the death or injury of another;

3 38. (Blank); ~~Has been convicted of a violation of~~

4 ~~Section 6-20 of the Liquor Control Act of 1934 or a similar~~

5 ~~provision of a local ordinance;~~

6 39. Has committed a second or subsequent violation of

7 Section 11-1201 of this Code;

8 40. Has committed a violation of subsection (a-1) of

9 Section 11-908 of this Code;

10 41. Has committed a second or subsequent violation of

11 Section 11-605.1 of this Code, a similar provision of a

12 local ordinance, or a similar violation in any other state

13 within 2 years of the date of the previous violation, in

14 which case the suspension shall be for 90 days;

15 42. Has committed a violation of subsection (a-1) of

16 Section 11-1301.3 of this Code or a similar provision of a

17 local ordinance;

18 43. Has received a disposition of court supervision for

19 a violation of subsection (a), (d), or (e) of Section 6-20

20 of the Liquor Control Act of 1934 or a similar provision of

21 a local ordinance and the person was an occupant of a motor

22 vehicle at the time of the violation, in which case the

23 suspension shall be for a period of 3 months;

24 44. Is under the age of 21 years at the time of arrest

25 and has been convicted of an offense against traffic

26 regulations governing the movement of vehicles after

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1 having previously had his or her driving privileges

2 suspended or revoked pursuant to subparagraph 36 of this

3 Section;

4 45. Has, in connection with or during the course of a

5 formal hearing conducted under Section 2-118 of this Code:

6 (i) committed perjury; (ii) submitted fraudulent or

7 falsified documents; (iii) submitted documents that have

8 been materially altered; or (iv) submitted, as his or her

9 own, documents that were in fact prepared or composed for

10 another person;

11 46. Has committed a violation of subsection (j) of

12 Section 3-413 of this Code;

13 47. Has committed a violation of subsection (a) of

14 Section 11-502.1 of this Code; or

15 48. Has submitted a falsified or altered medical

16 examiner's certificate to the Secretary of State or

17 provided false information to obtain a medical examiner's

18 certificate.

19 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

20 and 27 of this subsection, license means any driver's license,

21 any traffic ticket issued when the person's driver's license is

22 deposited in lieu of bail, a suspension notice issued by the

23 Secretary of State, a duplicate or corrected driver's license,

24 a probationary driver's license or a temporary driver's

25 license.

26 (b) If any conviction forming the basis of a suspension or

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1 revocation authorized under this Section is appealed, the

2 Secretary of State may rescind or withhold the entry of the

3 order of suspension or revocation, as the case may be, provided

4 that a certified copy of a stay order of a court is filed with

5 the Secretary of State. If the conviction is affirmed on

6 appeal, the date of the conviction shall relate back to the

7 time the original judgment of conviction was entered and the 6

8 month limitation prescribed shall not apply.

9 (c) 1. Upon suspending or revoking the driver's license or

10 permit of any person as authorized in this Section, the

11 Secretary of State shall immediately notify the person in

12 writing of the revocation or suspension. The notice to be

13 deposited in the United States mail, postage prepaid, to the

14 last known address of the person.

15 2. If the Secretary of State suspends the driver's license

16 of a person under subsection 2 of paragraph (a) of this

17 Section, a person's privilege to operate a vehicle as an

18 occupation shall not be suspended, provided an affidavit is

19 properly completed, the appropriate fee received, and a permit

20 issued prior to the effective date of the suspension, unless 5

21 offenses were committed, at least 2 of which occurred while

22 operating a commercial vehicle in connection with the driver's

23 regular occupation. All other driving privileges shall be

24 suspended by the Secretary of State. Any driver prior to

25 operating a vehicle for occupational purposes only must submit

26 the affidavit on forms to be provided by the Secretary of State

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1 setting forth the facts of the person's occupation. The

2 affidavit shall also state the number of offenses committed

3 while operating a vehicle in connection with the driver's

4 regular occupation. The affidavit shall be accompanied by the

5 driver's license. Upon receipt of a properly completed

6 affidavit, the Secretary of State shall issue the driver a

7 permit to operate a vehicle in connection with the driver's

8 regular occupation only. Unless the permit is issued by the

9 Secretary of State prior to the date of suspension, the

10 privilege to drive any motor vehicle shall be suspended as set

11 forth in the notice that was mailed under this Section. If an

12 affidavit is received subsequent to the effective date of this

13 suspension, a permit may be issued for the remainder of the

14 suspension period.

15 The provisions of this subparagraph shall not apply to any

16 driver required to possess a CDL for the purpose of operating a

17 commercial motor vehicle.

18 Any person who falsely states any fact in the affidavit

19 required herein shall be guilty of perjury under Section 6-302

20 and upon conviction thereof shall have all driving privileges

21 revoked without further rights.

22 3. At the conclusion of a hearing under Section 2-118 of

23 this Code, the Secretary of State shall either rescind or

24 continue an order of revocation or shall substitute an order of

25 suspension; or, good cause appearing therefor, rescind,

26 continue, change, or extend the order of suspension. If the

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1 Secretary of State does not rescind the order, the Secretary

2 may upon application, to relieve undue hardship (as defined by

3 the rules of the Secretary of State), issue a restricted

4 driving permit granting the privilege of driving a motor

5 vehicle between the petitioner's residence and petitioner's

6 place of employment or within the scope of the petitioner's

7 employment related duties, or to allow the petitioner to

8 transport himself or herself, or a family member of the

9 petitioner's household to a medical facility, to receive

10 necessary medical care, to allow the petitioner to transport

11 himself or herself to and from alcohol or drug remedial or

12 rehabilitative activity recommended by a licensed service

13 provider, or to allow the petitioner to transport himself or

14 herself or a family member of the petitioner's household to

15 classes, as a student, at an accredited educational

16 institution, or to allow the petitioner to transport children,

17 elderly persons, or persons with disabilities who do not hold

18 driving privileges and are living in the petitioner's household

19 to and from daycare. The petitioner must demonstrate that no

20 alternative means of transportation is reasonably available

21 and that the petitioner will not endanger the public safety or

22 welfare.

23 (A) If a person's license or permit is revoked or

24 suspended due to 2 or more convictions of violating Section

25 11-501 of this Code or a similar provision of a local

26 ordinance or a similar out-of-state offense, or Section 9-3

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1 of the Criminal Code of 1961 or the Criminal Code of 2012,

2 where the use of alcohol or other drugs is recited as an

3 element of the offense, or a similar out-of-state offense,

4 or a combination of these offenses, arising out of separate

5 occurrences, that person, if issued a restricted driving

6 permit, may not operate a vehicle unless it has been

7 equipped with an ignition interlock device as defined in

8 Section 1-129.1.

9 (B) If a person's license or permit is revoked or

10 suspended 2 or more times due to any combination of:

11 (i) a single conviction of violating Section

12 11-501 of this Code or a similar provision of a local

13 ordinance or a similar out-of-state offense or Section

14 9-3 of the Criminal Code of 1961 or the Criminal Code

15 of 2012, where the use of alcohol or other drugs is

16 recited as an element of the offense, or a similar

17 out-of-state offense; or

18 (ii) a statutory summary suspension or revocation

19 under Section 11-501.1; or

20 (iii) a suspension under Section 6-203.1;

21 arising out of separate occurrences; that person, if issued

22 a restricted driving permit, may not operate a vehicle

23 unless it has been equipped with an ignition interlock

24 device as defined in Section 1-129.1.

25 (B-5) If a person's license or permit is revoked or

26 suspended due to a conviction for a violation of

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1 subparagraph (C) or (F) of paragraph (1) of subsection (d)

2 of Section 11-501 of this Code, or a similar provision of a

3 local ordinance or similar out-of-state offense, that

4 person, if issued a restricted driving permit, may not

5 operate a vehicle unless it has been equipped with an

6 ignition interlock device as defined in Section 1-129.1.

7 (C) The person issued a permit conditioned upon the use

8 of an ignition interlock device must pay to the Secretary

9 of State DUI Administration Fund an amount not to exceed

10 $30 per month. The Secretary shall establish by rule the

11 amount and the procedures, terms, and conditions relating

12 to these fees.

13 (D) If the restricted driving permit is issued for

14 employment purposes, then the prohibition against

15 operating a motor vehicle that is not equipped with an

16 ignition interlock device does not apply to the operation

17 of an occupational vehicle owned or leased by that person's

18 employer when used solely for employment purposes. For any

19 person who, within a 5-year period, is convicted of a

20 second or subsequent offense under Section 11-501 of this

21 Code, or a similar provision of a local ordinance or

22 similar out-of-state offense, this employment exemption

23 does not apply until either a one-year period has elapsed

24 during which that person had his or her driving privileges

25 revoked or a one-year period has elapsed during which that

26 person had a restricted driving permit which required the

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1 use of an ignition interlock device on every motor vehicle

2 owned or operated by that person.

3 (E) In each case the Secretary may issue a restricted

4 driving permit for a period deemed appropriate, except that

5 all permits shall expire within one year from the date of

6 issuance. A restricted driving permit issued under this

7 Section shall be subject to cancellation, revocation, and

8 suspension by the Secretary of State in like manner and for

9 like cause as a driver's license issued under this Code may

10 be cancelled, revoked, or suspended; except that a

11 conviction upon one or more offenses against laws or

12 ordinances regulating the movement of traffic shall be

13 deemed sufficient cause for the revocation, suspension, or

14 cancellation of a restricted driving permit. The Secretary

15 of State may, as a condition to the issuance of a

16 restricted driving permit, require the applicant to

17 participate in a designated driver remedial or

18 rehabilitative program. The Secretary of State is

19 authorized to cancel a restricted driving permit if the

20 permit holder does not successfully complete the program.

21 (F) A person subject to the provisions of paragraph 4

22 of subsection (b) of Section 6-208 of this Code may make

23 application for a restricted driving permit at a hearing

24 conducted under Section 2-118 of this Code after the

25 expiration of 5 years from the effective date of the most

26 recent revocation or after 5 years from the date of release

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1 from a period of imprisonment resulting from a conviction

2 of the most recent offense, whichever is later, provided

3 the person, in addition to all other requirements of the

4 Secretary, shows by clear and convincing evidence:

5 (i) a minimum of 3 years of uninterrupted

6 abstinence from alcohol and the unlawful use or

7 consumption of cannabis under the Cannabis Control

8 Act, a controlled substance under the Illinois

9 Controlled Substances Act, an intoxicating compound

10 under the Use of Intoxicating Compounds Act, or

11 methamphetamine under the Methamphetamine Control and

12 Community Protection Act; and

13 (ii) the successful completion of any

14 rehabilitative treatment and involvement in any

15 ongoing rehabilitative activity that may be

16 recommended by a properly licensed service provider

17 according to an assessment of the person's alcohol or

18 drug use under Section 11-501.01 of this Code.

19 In determining whether an applicant is eligible for a

20 restricted driving permit under this subparagraph (F), the

21 Secretary may consider any relevant evidence, including,

22 but not limited to, testimony, affidavits, records, and the

23 results of regular alcohol or drug tests. Persons subject

24 to the provisions of paragraph 4 of subsection (b) of

25 Section 6-208 of this Code and who have been convicted of

26 more than one violation of paragraph (3), paragraph (4), or

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1 paragraph (5) of subsection (a) of Section 11-501 of this

2 Code shall not be eligible to apply for a restricted

3 driving permit under this subparagraph (F).

4 A restricted driving permit issued under this

5 subparagraph (F) shall provide that the holder may only

6 operate motor vehicles equipped with an ignition interlock

7 device as required under paragraph (2) of subsection (c) of

8 Section 6-205 of this Code and subparagraph (A) of

9 paragraph 3 of subsection (c) of this Section. The

10 Secretary may revoke a restricted driving permit or amend

11 the conditions of a restricted driving permit issued under

12 this subparagraph (F) if the holder operates a vehicle that

13 is not equipped with an ignition interlock device, or for

14 any other reason authorized under this Code.

15 A restricted driving permit issued under this

16 subparagraph (F) shall be revoked, and the holder barred

17 from applying for or being issued a restricted driving

18 permit in the future, if the holder is convicted of a

19 violation of Section 11-501 of this Code, a similar

20 provision of a local ordinance, or a similar offense in

21 another state.

22 (c-3) In the case of a suspension under paragraph 43 of

23 subsection (a), reports received by the Secretary of State

24 under this Section shall, except during the actual time the

25 suspension is in effect, be privileged information and for use

26 only by the courts, police officers, prosecuting authorities,

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1 the driver licensing administrator of any other state, the

2 Secretary of State, or the parent or legal guardian of a driver

3 under the age of 18. However, beginning January 1, 2008, if the

4 person is a CDL holder, the suspension shall also be made

5 available to the driver licensing administrator of any other

6 state, the U.S. Department of Transportation, and the affected

7 driver or motor carrier or prospective motor carrier upon

8 request.

9 (c-4) In the case of a suspension under paragraph 43 of

10 subsection (a), the Secretary of State shall notify the person

11 by mail that his or her driving privileges and driver's license

12 will be suspended one month after the date of the mailing of

13 the notice.

14 (c-5) The Secretary of State may, as a condition of the

15 reissuance of a driver's license or permit to an applicant

16 whose driver's license or permit has been suspended before he

17 or she reached the age of 21 years pursuant to any of the

18 provisions of this Section, require the applicant to

19 participate in a driver remedial education course and be

20 retested under Section 6-109 of this Code.

21 (d) This Section is subject to the provisions of the

22 Drivers License Compact.

23 (e) The Secretary of State shall not issue a restricted

24 driving permit to a person under the age of 16 years whose

25 driving privileges have been suspended or revoked under any

26 provisions of this Code.

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1 (f) In accordance with 49 C.F.R. 384, the Secretary of

2 State may not issue a restricted driving permit for the

3 operation of a commercial motor vehicle to a person holding a

4 CDL whose driving privileges have been suspended, revoked,

5 cancelled, or disqualified under any provisions of this Code.

6 (Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,

7 eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;

8 99-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;

9 99-607, eff. 7-22-16; 99-642, eff. 7-28-16.)

10 (625 ILCS 5/6-209.1 new)

11 Sec. 6-209.1. Restoration of driving privileges;

12 suspension; cancellation. The Secretary shall rescind the

13 suspension or cancellation of a person's driver's license that

14 has been suspended or cancelled prior to the effective date of

15 this amendatory Act of the 100th General Assembly due to:

16 (1) a conviction of theft of motor fuel under Section 16-25

17 or 16K-15 of the Criminal Code of 1961 or the Criminal Code of

18 2012;

19 (2) the person, since the issuance of the driver's license,

20 being adjudged to be afflicted with or suffering from any

21 mental disability or disease;

22 (3) a violation of Section 6-16 or 6-20 of the Liquor

23 Control Act of 1934 or a similar provision of a local

24 ordinance;

25 (4) the person receiving a disposition of court supervision

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1 for a violation of subsection (a), (b), or (c) of Section 6-20

2 of the Liquor Control Act of 1934 or a similar provision of a

3 local ordinance;

4 (5) a violation of subsection (j) of Section 3-413 of this

5 Code;

6 (6) the person failing to pay any fine or penalty due or

7 owing as a result of 10 or more violations of a municipality's

8 or county's vehicular standing, parking, or compliance

9 regulations established by ordinance under Section 11-208.3 of

10 this Code;

11 (7) the person failing to satisfy any fine or penalty

12 resulting from a final order issued by the Authority relating

13 directly or indirectly to 5 or more toll violations, toll

14 evasions, or both; or

15 (8) a conviction of a sex offense as defined in the Sex

16 Offender Registration Act.

17 (625 ILCS 5/6-213 new)

18 Sec. 6-213. Rescinding suspension. A person whose driver's

19 license was suspended under Section 6-205.2 of this Code,

20 paragraphs (18), (27), (38), (43) or (46) of subsection (a) of

21 Section 6-206 of this Code, Section 6-306.5 of this Code

22 relating to 10 or more unpaid vehicular standing, parking, or

23 compliance regulations, or Section 6-306.7 of this Code before

24 the effective date of this amendatory Act of the 100th General

25 Assembly and remains suspended shall have his or her driver's

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1 license suspension rescinded.

2 (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)

3 Sec. 6-306.5. Failure to pay fine or penalty for standing,

4 parking, compliance, automated speed enforcement system, or

5 automated traffic law violations; suspension of driving

6 privileges.

7 (a) Upon receipt of a certified report, as prescribed by

8 subsection (c) of this Section, from any municipality or county

9 stating that the owner of a registered vehicle~~: (1) has failed~~

10 ~~to pay any fine or penalty due and owing as a result of 10 or~~

11 ~~more violations of a municipality's or county's vehicular~~

12 ~~standing, parking, or compliance regulations established by~~

13 ~~ordinance pursuant to Section 11-208.3 of this Code, (2)~~ has

14 failed to pay any fine or penalty due and owing as a result of 5

15 offenses for automated speed enforcement system violations or

16 automated traffic violations as defined in Sections 11-208.6,

17 11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or

18 (3) is more than 14 days in default of a payment plan pursuant

19 to which a suspension had been terminated under subsection (c)

20 of this Section, the Secretary of State shall suspend the

21 driving privileges of such person in accordance with the

22 procedures set forth in this Section. The Secretary shall also

23 suspend the driving privileges of an owner of a registered

24 vehicle upon receipt of a certified report, as prescribed by

25 subsection (f) of this Section, from any municipality or county

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1 stating that such person has failed to satisfy any fines or

2 penalties imposed by final judgments for 5 or more automated

3 speed enforcement system or automated traffic law violations,

4 or combination thereof, ~~or 10 or more violations of local~~

5 ~~standing, parking, or compliance regulations~~after exhaustion

6 of judicial review procedures.

7 (b) Following receipt of the certified report of the

8 municipality or county as specified in this Section, the

9 Secretary of State shall notify the person whose name appears

10 on the certified report that the person's drivers license will

11 be suspended at the end of a specified period of time unless

12 the Secretary of State is presented with a notice from the

13 municipality or county certifying that the fine or penalty due

14 and owing the municipality or county has been paid or that

15 inclusion of that person's name on the certified report was in

16 error. The Secretary's notice shall state in substance the

17 information contained in the municipality's or county's

18 certified report to the Secretary, and shall be effective as

19 specified by subsection (c) of Section 6-211 of this Code.

20 (c) The report of the appropriate municipal or county

21 official notifying the Secretary of State of unpaid fines or

22 penalties pursuant to this Section shall be certified and shall

23 contain the following:

24 (1) The name, last known address as recorded with the

25 Secretary of State, as provided by the lessor of the cited

26 vehicle at the time of lease, or as recorded in a United

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1 States Post Office approved database if any notice sent

2 under Section 11-208.3 of this Code is returned as

3 undeliverable, and drivers license number of the person who

4 failed to pay the fine or penalty or who has defaulted in a

5 payment plan and the registration number of any vehicle

6 known to be registered to such person in this State.

7 (2) The name of the municipality or county making the

8 report pursuant to this Section.

9 (3) A statement that the municipality or county sent a

10 notice of impending drivers license suspension as

11 prescribed by ordinance enacted pursuant to Section

12 11-208.3 of this Code or a notice of default in a payment

13 plan, to the person named in the report at the address

14 recorded with the Secretary of State or at the last address

15 known to the lessor of the cited vehicle at the time of

16 lease or, if any notice sent under Section 11-208.3 of this

17 Code is returned as undeliverable, at the last known

18 address recorded in a United States Post Office approved

19 database; the date on which such notice was sent; and the

20 address to which such notice was sent. In a municipality or

21 county with a population of 1,000,000 or more, the report

22 shall also include a statement that the alleged violator's

23 State vehicle registration number and vehicle make, if

24 specified on the automated speed enforcement system

25 violation or automated traffic law violation notice, are

26 correct as they appear on the citations.

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1 (4) A unique identifying reference number for each

2 request of suspension sent whenever a person has failed to

3 pay the fine or penalty or has defaulted on a payment plan.

4 (d) Any municipality or county making a certified report to

5 the Secretary of State pursuant to this Section shall notify

6 the Secretary of State, in a form prescribed by the Secretary,

7 whenever a person named in the certified report has paid the

8 previously reported fine or penalty, whenever a person named in

9 the certified report has entered into a payment plan pursuant

10 to which the municipality or county has agreed to terminate the

11 suspension, or whenever the municipality or county determines

12 that the original report was in error. A certified copy of such

13 notification shall also be given upon request and at no

14 additional charge to the person named therein. Upon receipt of

15 the municipality's or county's notification or presentation of

16 a certified copy of such notification, the Secretary of State

17 shall terminate the suspension.

18 (e) Any municipality or county making a certified report to

19 the Secretary of State pursuant to this Section shall also by

20 ordinance establish procedures for persons to challenge the

21 accuracy of the certified report. The ordinance shall also

22 state the grounds for such a challenge, which may be limited to

23 (1) the person not having been the owner or lessee of the

24 vehicle or vehicles receiving~~10 or more standing, parking, or~~

25 ~~compliance violation notices or~~ a combination of 5 or more

26 automated speed enforcement system or automated traffic law

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LRB100 17944 LNS 38924 a

1 violations on the date or dates such notices were issued; and

2 (2) the person having already paid the fine or penalty for the

3 ~~10 or more standing, parking, or compliance violations or~~

4 combination of 5 or more automated speed enforcement system or

5 automated traffic law violations indicated on the certified

6 report.

7 (f) Any municipality or county, other than a municipality

8 or county establishing ~~vehicular standing, parking, and~~

9 ~~compliance regulations pursuant to Section 11-208.3,~~ automated

10 speed enforcement system regulations under Section 11-208.8,

11 or automated traffic law regulations under Section 11-208.6,

12 11-208.9, or 11-1201.1, may also cause a suspension of a

13 person's drivers license pursuant to this Section. Such

14 municipality or county may invoke this sanction by making a

15 certified report to the Secretary of State upon a person's

16 failure to satisfy any fine or penalty imposed by final

17 judgment for ~~10 or more violations of local standing, parking,~~

18 ~~or compliance regulations or~~ a combination of 5 or more

19 automated speed enforcement system or automated traffic law

20 violations after exhaustion of judicial review procedures, but

21 only if:

22 (1) the municipality or county complies with the

23 provisions of this Section in all respects except in regard

24 to enacting an ordinance pursuant to Section 11-208.3;

25 (2) the municipality or county has sent a notice of

26 impending drivers license suspension as prescribed by an

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1 ordinance enacted pursuant to subsection (g) of this

2 Section; and

3 (3) in municipalities or counties with a population of

4 1,000,000 or more, the municipality or county has verified

5 that the alleged violator's State vehicle registration

6 number and vehicle make are correct as they appear on the

7 citations.

8 (g) Any municipality or county, other than a municipality

9 or county establishing~~standing, parking, and compliance~~

10 ~~regulations pursuant to Section 11-208.3,~~ automated speed

11 enforcement system regulations under Section 11-208.8, or

12 automated traffic law regulations under Section 11-208.6,

13 11-208.9, or 11-1201.1, may provide by ordinance for the

14 sending of a notice of impending drivers license suspension to

15 the person who has failed to satisfy any fine or penalty

16 imposed by final judgment for ~~10 or more violations of local~~

17 ~~standing, parking, or compliance regulations or~~ a combination

18 of 5 or more automated speed enforcement system or automated

19 traffic law violations after exhaustion of judicial review

20 procedures. An ordinance so providing shall specify that the

21 notice sent to the person liable for any fine or penalty shall

22 state that failure to pay the fine or penalty owing within 45

23 days of the notice's date will result in the municipality or

24 county notifying the Secretary of State that the person's

25 drivers license is eligible for suspension pursuant to this

26 Section. The notice of impending drivers license suspension

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1 shall be sent by first class United States mail, postage

2 prepaid, to the address recorded with the Secretary of State or

3 at the last address known to the lessor of the cited vehicle at

4 the time of lease or, if any notice sent under Section 11-208.3

5 of this Code is returned as undeliverable, to the last known

6 address recorded in a United States Post Office approved

7 database.

8 (h) An administrative hearing to contest an impending

9 suspension or a suspension made pursuant to this Section may be

10 had upon filing a written request with the Secretary of State.

11 The filing fee for this hearing shall be $20, to be paid at the

12 time the request is made. A municipality or county which files

13 a certified report with the Secretary of State pursuant to this

14 Section shall reimburse the Secretary for all reasonable costs

15 incurred by the Secretary as a result of the filing of the

16 report, including but not limited to the costs of providing the

17 notice required pursuant to subsection (b) and the costs

18 incurred by the Secretary in any hearing conducted with respect

19 to the report pursuant to this subsection and any appeal from

20 such a hearing.

21 (i) The provisions of this Section shall apply on and after

22 January 1, 1988.

23 (j) For purposes of this Section, the term "compliance

24 violation" is defined as in Section 11-208.3.

25 (Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;

26 98-556, eff. 1-1-14.)

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1 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)

2 Sec. 11-208.3. Administrative adjudication of violations

3 of traffic regulations concerning the standing, parking, or

4 condition of vehicles, automated traffic law violations, and

5 automated speed enforcement system violations.

6 (a) Any municipality or county may provide by ordinance for

7 a system of administrative adjudication of vehicular standing

8 and parking violations and vehicle compliance violations as

9 described in this subsection, automated traffic law violations

10 as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and

11 automated speed enforcement system violations as defined in

12 Section 11-208.8. The administrative system shall have as its

13 purpose the fair and efficient enforcement of municipal or

14 county regulations through the administrative adjudication of

15 automated speed enforcement system or automated traffic law

16 violations and violations of municipal or county ordinances

17 regulating the standing and parking of vehicles, the condition

18 and use of vehicle equipment, and the display of municipal or

19 county wheel tax licenses within the municipality's or county's

20 borders. The administrative system shall only have authority to

21 adjudicate civil offenses carrying fines not in excess of $500

22 or requiring the completion of a traffic education program, or

23 both, that occur after the effective date of the ordinance

24 adopting such a system under this Section. For purposes of this

25 Section, "compliance violation" means a violation of a

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1 municipal or county regulation governing the condition or use

2 of equipment on a vehicle or governing the display of a

3 municipal or county wheel tax license.

4 (b) Any ordinance establishing a system of administrative

5 adjudication under this Section shall provide for:

6 (1) A traffic compliance administrator authorized to

7 adopt, distribute and process parking, compliance, and

8 automated speed enforcement system or automated traffic

9 law violation notices and other notices required by this

10 Section, collect money paid as fines and penalties for

11 violation of parking and compliance ordinances and

12 automated speed enforcement system or automated traffic

13 law violations, and operate an administrative adjudication

14 system. The traffic compliance administrator also may make

15 a certified report to the Secretary of State under Section

16 6-306.5.

17 (2) A parking, standing, compliance, automated speed

18 enforcement system, or automated traffic law violation

19 notice that shall specify the date, time, and place of

20 violation of a parking, standing, compliance, automated

21 speed enforcement system, or automated traffic law

22 regulation; the particular regulation violated; any

23 requirement to complete a traffic education program; the

24 fine and any penalty that may be assessed for late payment

25 or failure to complete a required traffic education

26 program, or both, when so provided by ordinance; the

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1 vehicle make and state registration number; and the

2 identification number of the person issuing the notice.

3 With regard to automated speed enforcement system or

4 automated traffic law violations, vehicle make shall be

5 specified on the automated speed enforcement system or

6 automated traffic law violation notice if the make is

7 available and readily discernible. With regard to

8 municipalities or counties with a population of 1 million

9 or more, it shall be grounds for dismissal of a parking

10 violation if the state registration number or vehicle make

11 specified is incorrect. The violation notice shall state

12 that the completion of any required traffic education

13 program, the payment of any indicated fine, and the payment

14 of any applicable penalty for late payment or failure to

15 complete a required traffic education program, or both,

16 shall operate as a final disposition of the violation. The

17 notice also shall contain information as to the

18 availability of a hearing in which the violation may be

19 contested on its merits. The violation notice shall specify

20 the time and manner in which a hearing may be had.

21 (3) Service of the parking, standing, or compliance

22 violation notice by affixing the original or a facsimile of

23 the notice to an unlawfully parked vehicle or by handing

24 the notice to the operator of a vehicle if he or she is

25 present and service of an automated speed enforcement

26 system or automated traffic law violation notice by mail to

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1 the address of the registered owner or lessee of the cited

2 vehicle as recorded with the Secretary of State or the

3 lessor of the motor vehicle within 30 days after the

4 Secretary of State or the lessor of the motor vehicle

5 notifies the municipality or county of the identity of the

6 owner or lessee of the vehicle, but not later than 90 days

7 after the violation, except that in the case of a lessee of

8 a motor vehicle, service of an automated traffic law

9 violation notice may occur no later than 210 days after the

10 violation. A person authorized by ordinance to issue and

11 serve parking, standing, and compliance violation notices

12 shall certify as to the correctness of the facts entered on

13 the violation notice by signing his or her name to the

14 notice at the time of service or in the case of a notice

15 produced by a computerized device, by signing a single

16 certificate to be kept by the traffic compliance

17 administrator attesting to the correctness of all notices

18 produced by the device while it was under his or her

19 control. In the case of an automated traffic law violation,

20 the ordinance shall require a determination by a technician

21 employed or contracted by the municipality or county that,

22 based on inspection of recorded images, the motor vehicle

23 was being operated in violation of Section 11-208.6,

24 11-208.9, or 11-1201.1 or a local ordinance. If the

25 technician determines that the vehicle entered the

26 intersection as part of a funeral procession or in order to

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1 yield the right-of-way to an emergency vehicle, a citation

2 shall not be issued. In municipalities with a population of

3 less than 1,000,000 inhabitants and counties with a

4 population of less than 3,000,000 inhabitants, the

5 automated traffic law ordinance shall require that all

6 determinations by a technician that a motor vehicle was

7 being operated in violation of Section 11-208.6, 11-208.9,

8 or 11-1201.1 or a local ordinance must be reviewed and

9 approved by a law enforcement officer or retired law

10 enforcement officer of the municipality or county issuing

11 the violation. In municipalities with a population of

12 1,000,000 or more inhabitants and counties with a

13 population of 3,000,000 or more inhabitants, the automated

14 traffic law ordinance shall require that all

15 determinations by a technician that a motor vehicle was

16 being operated in violation of Section 11-208.6, 11-208.9,

17 or 11-1201.1 or a local ordinance must be reviewed and

18 approved by a law enforcement officer or retired law

19 enforcement officer of the municipality or county issuing

20 the violation or by an additional fully-trained reviewing

21 technician who is not employed by the contractor who

22 employs the technician who made the initial determination.

23 In the case of an automated speed enforcement system

24 violation, the ordinance shall require a determination by a

25 technician employed by the municipality, based upon an

26 inspection of recorded images, video or other

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1 documentation, including documentation of the speed limit

2 and automated speed enforcement signage, and documentation

3 of the inspection, calibration, and certification of the

4 speed equipment, that the vehicle was being operated in

5 violation of Article VI of Chapter 11 of this Code or a

6 similar local ordinance. If the technician determines that

7 the vehicle speed was not determined by a calibrated,

8 certified speed equipment device based upon the speed

9 equipment documentation, or if the vehicle was an emergency

10 vehicle, a citation may not be issued. The automated speed

11 enforcement ordinance shall require that all

12 determinations by a technician that a violation occurred be

13 reviewed and approved by a law enforcement officer or

14 retired law enforcement officer of the municipality

15 issuing the violation or by an additional fully trained

16 reviewing technician who is not employed by the contractor

17 who employs the technician who made the initial

18 determination. Routine and independent calibration of the

19 speeds produced by automated speed enforcement systems and

20 equipment shall be conducted annually by a qualified

21 technician. Speeds produced by an automated speed

22 enforcement system shall be compared with speeds produced

23 by lidar or other independent equipment. Radar or lidar

24 equipment shall undergo an internal validation test no less

25 frequently than once each week. Qualified technicians

26 shall test loop based equipment no less frequently than

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1 once a year. Radar equipment shall be checked for accuracy

2 by a qualified technician when the unit is serviced, when

3 unusual or suspect readings persist, or when deemed

4 necessary by a reviewing technician. Radar equipment shall

5 be checked with the internal frequency generator and the

6 internal circuit test whenever the radar is turned on.

7 Technicians must be alert for any unusual or suspect

8 readings, and if unusual or suspect readings of a radar

9 unit persist, that unit shall immediately be removed from

10 service and not returned to service until it has been

11 checked by a qualified technician and determined to be

12 functioning properly. Documentation of the annual

13 calibration results, including the equipment tested, test

14 date, technician performing the test, and test results,

15 shall be maintained and available for use in the

16 determination of an automated speed enforcement system

17 violation and issuance of a citation. The technician

18 performing the calibration and testing of the automated

19 speed enforcement equipment shall be trained and certified

20 in the use of equipment for speed enforcement purposes.

21 Training on the speed enforcement equipment may be

22 conducted by law enforcement, civilian, or manufacturer's

23 personnel and if applicable may be equivalent to the

24 equipment use and operations training included in the Speed

25 Measuring Device Operator Program developed by the

26 National Highway Traffic Safety Administration (NHTSA).

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1 The vendor or technician who performs the work shall keep

2 accurate records on each piece of equipment the technician

3 calibrates and tests. As used in this paragraph,

4 "fully-trained reviewing technician" means a person who

5 has received at least 40 hours of supervised training in

6 subjects which shall include image inspection and

7 interpretation, the elements necessary to prove a

8 violation, license plate identification, and traffic

9 safety and management. In all municipalities and counties,

10 the automated speed enforcement system or automated

11 traffic law ordinance shall require that no additional fee

12 shall be charged to the alleged violator for exercising his

13 or her right to an administrative hearing, and persons

14 shall be given at least 25 days following an administrative

15 hearing to pay any civil penalty imposed by a finding that

16 Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a

17 similar local ordinance has been violated. The original or

18 a facsimile of the violation notice or, in the case of a

19 notice produced by a computerized device, a printed record

20 generated by the device showing the facts entered on the

21 notice, shall be retained by the traffic compliance

22 administrator, and shall be a record kept in the ordinary

23 course of business. A parking, standing, compliance,

24 automated speed enforcement system, or automated traffic

25 law violation notice issued, signed and served in

26 accordance with this Section, a copy of the notice, or the

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1 computer generated record shall be prima facie correct and

2 shall be prima facie evidence of the correctness of the

3 facts shown on the notice. The notice, copy, or computer

4 generated record shall be admissible in any subsequent

5 administrative or legal proceedings.

6 (4) An opportunity for a hearing for the registered

7 owner of the vehicle cited in the parking, standing,

8 compliance, automated speed enforcement system, or

9 automated traffic law violation notice in which the owner

10 may contest the merits of the alleged violation, and during

11 which formal or technical rules of evidence shall not

12 apply; provided, however, that under Section 11-1306 of

13 this Code the lessee of a vehicle cited in the violation

14 notice likewise shall be provided an opportunity for a

15 hearing of the same kind afforded the registered owner. The

16 hearings shall be recorded, and the person conducting the

17 hearing on behalf of the traffic compliance administrator

18 shall be empowered to administer oaths and to secure by

19 subpoena both the attendance and testimony of witnesses and

20 the production of relevant books and papers. Persons

21 appearing at a hearing under this Section may be

22 represented by counsel at their expense. The ordinance may

23 also provide for internal administrative review following

24 the decision of the hearing officer.

25 (5) Service of additional notices, sent by first class

26 United States mail, postage prepaid, to the address of the

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1 registered owner of the cited vehicle as recorded with the

2 Secretary of State or, if any notice to that address is

3 returned as undeliverable, to the last known address

4 recorded in a United States Post Office approved database,

5 or, under Section 11-1306 or subsection (p) of Section

6 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8

7 of this Code, to the lessee of the cited vehicle at the

8 last address known to the lessor of the cited vehicle at

9 the time of lease or, if any notice to that address is

10 returned as undeliverable, to the last known address

11 recorded in a United States Post Office approved database.

12 The service shall be deemed complete as of the date of

13 deposit in the United States mail. The notices shall be in

14 the following sequence and shall include but not be limited

15 to the information specified herein:

16 (i) A second notice of parking, standing, or

17 compliance violation. This notice shall specify the

18 date and location of the violation cited in the

19 parking, standing, or compliance violation notice, the

20 particular regulation violated, the vehicle make and

21 state registration number, any requirement to complete

22 a traffic education program, the fine and any penalty

23 that may be assessed for late payment or failure to

24 complete a traffic education program, or both, when so

25 provided by ordinance, the availability of a hearing in

26 which the violation may be contested on its merits, and

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1 the time and manner in which the hearing may be had.

2 The notice of violation shall also state that failure

3 to complete a required traffic education program, to

4 pay the indicated fine and any applicable penalty, or

5 to appear at a hearing on the merits in the time and

6 manner specified, will result in a final determination

7 of violation liability for the cited violation in the

8 amount of the fine or penalty indicated, and that, upon

9 the occurrence of a final determination of violation

10 liability for the failure, and the exhaustion of, or

11 failure to exhaust, available administrative or

12 judicial procedures for review, any incomplete traffic

13 education program or any unpaid fine or penalty, or

14 both, will constitute a debt due and owing the

15 municipality or county.

16 (ii) A notice of final determination of parking,

17 standing, compliance, automated speed enforcement

18 system, or automated traffic law violation liability.

19 This notice shall be sent following a final

20 determination of parking, standing, compliance,

21 automated speed enforcement system, or automated

22 traffic law violation liability and the conclusion of

23 judicial review procedures taken under this Section.

24 The notice shall state that the incomplete traffic

25 education program or the unpaid fine or penalty, or

26 both, is a debt due and owing the municipality or

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1 county. The notice shall contain warnings that failure

2 to complete any required traffic education program or

3 to pay any fine or penalty due and owing the

4 municipality or county, or both, within the time

5 specified may result in the municipality's or county's

6 filing of a petition in the Circuit Court to have the

7 incomplete traffic education program or unpaid fine or

8 penalty, or both, rendered a judgment as provided by

9 this Section, or, where applicable,may result in

10 suspension of the person's drivers license for failure

11 to complete a traffic education program or to pay fines

12 or penalties, or both, for ~~10 or more parking~~

13 ~~violations under Section 6-306.5, or a combination of~~ 5

14 or more automated traffic law violations under Section

15 11-208.6 or 11-208.9 or automated speed enforcement

16 system violations under Section 11-208.8.

17 (6) A notice of impending drivers license suspension.

18 This notice shall be sent to the person liable for failure

19 to complete a required traffic education program or to pay

20 any fine or penalty that remains due and owing, or both, on

21 ~~10 or more parking violations or combination of~~ 5 or more

22 unpaid automated speed enforcement system or automated

23 traffic law violations. The notice shall state that failure

24 to complete a required traffic education program or to pay

25 the fine or penalty owing, or both, within 45 days of the

26 notice's date will result in the municipality or county

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1 notifying the Secretary of State that the person is

2 eligible for initiation of suspension proceedings under

3 Section 6-306.5 of this Code. The notice shall also state

4 that the person may obtain a photostatic copy of an

5 original ticket imposing a fine or penalty by sending a

6 self addressed, stamped envelope to the municipality or

7 county along with a request for the photostatic copy. The

8 notice of impending drivers license suspension shall be

9 sent by first class United States mail, postage prepaid, to

10 the address recorded with the Secretary of State or, if any

11 notice to that address is returned as undeliverable, to the

12 last known address recorded in a United States Post Office

13 approved database.

14 (7) Final determinations of violation liability. A

15 final determination of violation liability shall occur

16 following failure to complete the required traffic

17 education program or to pay the fine or penalty, or both,

18 after a hearing officer's determination of violation

19 liability and the exhaustion of or failure to exhaust any

20 administrative review procedures provided by ordinance.

21 Where a person fails to appear at a hearing to contest the

22 alleged violation in the time and manner specified in a

23 prior mailed notice, the hearing officer's determination

24 of violation liability shall become final: (A) upon denial

25 of a timely petition to set aside that determination, or

26 (B) upon expiration of the period for filing the petition

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LRB100 17944 LNS 38924 a

1 without a filing having been made.

2 (8) A petition to set aside a determination of parking,

3 standing, compliance, automated speed enforcement system,

4 or automated traffic law violation liability that may be

5 filed by a person owing an unpaid fine or penalty. A

6 petition to set aside a determination of liability may also

7 be filed by a person required to complete a traffic

8 education program. The petition shall be filed with and

9 ruled upon by the traffic compliance administrator in the

10 manner and within the time specified by ordinance. The

11 grounds for the petition may be limited to: (A) the person

12 not having been the owner or lessee of the cited vehicle on

13 the date the violation notice was issued, (B) the person

14 having already completed the required traffic education

15 program or paid the fine or penalty, or both, for the

16 violation in question, and (C) excusable failure to appear

17 at or request a new date for a hearing. With regard to

18 municipalities or counties with a population of 1 million

19 or more, it shall be grounds for dismissal of a parking

20 violation if the state registration number, or vehicle make

21 if specified, is incorrect. After the determination of

22 parking, standing, compliance, automated speed enforcement

23 system, or automated traffic law violation liability has

24 been set aside upon a showing of just cause, the registered

25 owner shall be provided with a hearing on the merits for

26 that violation.

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1 (9) Procedures for non-residents. Procedures by which

2 persons who are not residents of the municipality or county

3 may contest the merits of the alleged violation without

4 attending a hearing.

5 (10) A schedule of civil fines for violations of

6 vehicular standing, parking, compliance, automated speed

7 enforcement system, or automated traffic law regulations

8 enacted by ordinance pursuant to this Section, and a

9 schedule of penalties for late payment of the fines or

10 failure to complete required traffic education programs,

11 provided, however, that the total amount of the fine and

12 penalty for any one violation shall not exceed $250, except

13 as provided in subsection (c) of Section 11-1301.3 of this

14 Code.

15 (11) Other provisions as are necessary and proper to

16 carry into effect the powers granted and purposes stated in

17 this Section.

18 (c) Any municipality or county establishing vehicular

19 standing, parking, compliance, automated speed enforcement

20 system, or automated traffic law regulations under this Section

21 may also provide by ordinance for a program of vehicle

22 immobilization for the purpose of facilitating enforcement of

23 those regulations. The program of vehicle immobilization shall

24 provide for immobilizing any eligible vehicle upon the public

25 way by presence of a restraint in a manner to prevent operation

26 of the vehicle. Any ordinance establishing a program of vehicle

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1 immobilization under this Section shall provide:

2 (1) Criteria for the designation of vehicles eligible

3 for immobilization. A vehicle shall be eligible for

4 immobilization when the registered owner of the vehicle has

5 accumulated the number of incomplete traffic education

6 programs or unpaid final determinations of parking,

7 standing, compliance, automated speed enforcement system,

8 or automated traffic law violation liability, or both, as

9 determined by ordinance.

10 (2) A notice of impending vehicle immobilization and a

11 right to a hearing to challenge the validity of the notice

12 by disproving liability for the incomplete traffic

13 education programs or unpaid final determinations of

14 parking, standing, compliance, automated speed enforcement

15 system, or automated traffic law violation liability, or

16 both, listed on the notice.

17 (3) The right to a prompt hearing after a vehicle has

18 been immobilized or subsequently towed without the

19 completion of the required traffic education program or

20 payment of the outstanding fines and penalties on parking,

21 standing, compliance, automated speed enforcement system,

22 or automated traffic law violations, or both, for which

23 final determinations have been issued. An order issued

24 after the hearing is a final administrative decision within

25 the meaning of Section 3-101 of the Code of Civil

26 Procedure.

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1 (4) A post immobilization and post-towing notice

2 advising the registered owner of the vehicle of the right

3 to a hearing to challenge the validity of the impoundment.

4 (d) Judicial review of final determinations of parking,

5 standing, compliance, automated speed enforcement system, or

6 automated traffic law violations and final administrative

7 decisions issued after hearings regarding vehicle

8 immobilization and impoundment made under this Section shall be

9 subject to the provisions of the Administrative Review Law.

10 (e) Any fine, penalty, incomplete traffic education

11 program, or part of any fine or any penalty remaining unpaid

12 after the exhaustion of, or the failure to exhaust,

13 administrative remedies created under this Section and the

14 conclusion of any judicial review procedures shall be a debt

15 due and owing the municipality or county and, as such, may be

16 collected in accordance with applicable law. Completion of any

17 required traffic education program and payment in full of any

18 fine or penalty resulting from a standing, parking, compliance,

19 automated speed enforcement system, or automated traffic law

20 violation shall constitute a final disposition of that

21 violation.

22 (f) After the expiration of the period within which

23 judicial review may be sought for a final determination of

24 parking, standing, compliance, automated speed enforcement

25 system, or automated traffic law violation, the municipality or

26 county may commence a proceeding in the Circuit Court for

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1 purposes of obtaining a judgment on the final determination of

2 violation. Nothing in this Section shall prevent a municipality

3 or county from consolidating multiple final determinations of

4 parking, standing, compliance, automated speed enforcement

5 system, or automated traffic law violations against a person in

6 a proceeding. Upon commencement of the action, the municipality

7 or county shall file a certified copy or record of the final

8 determination of parking, standing, compliance, automated

9 speed enforcement system, or automated traffic law violation,

10 which shall be accompanied by a certification that recites

11 facts sufficient to show that the final determination of

12 violation was issued in accordance with this Section and the

13 applicable municipal or county ordinance. Service of the

14 summons and a copy of the petition may be by any method

15 provided by Section 2-203 of the Code of Civil Procedure or by

16 certified mail, return receipt requested, provided that the

17 total amount of fines and penalties for final determinations of

18 parking, standing, compliance, automated speed enforcement

19 system, or automated traffic law violations does not exceed

20 $2500. If the court is satisfied that the final determination

21 of parking, standing, compliance, automated speed enforcement

22 system, or automated traffic law violation was entered in

23 accordance with the requirements of this Section and the

24 applicable municipal or county ordinance, and that the

25 registered owner or the lessee, as the case may be, had an

26 opportunity for an administrative hearing and for judicial

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1 review as provided in this Section, the court shall render

2 judgment in favor of the municipality or county and against the

3 registered owner or the lessee for the amount indicated in the

4 final determination of parking, standing, compliance,

5 automated speed enforcement system, or automated traffic law

6 violation, plus costs. The judgment shall have the same effect

7 and may be enforced in the same manner as other judgments for

8 the recovery of money.

9 (g) The fee for participating in a traffic education

10 program under this Section shall not exceed $25.

11 A low-income individual required to complete a traffic

12 education program under this Section who provides proof of

13 eligibility for the federal earned income tax credit under

14 Section 32 of the Internal Revenue Code or the Illinois earned

15 income tax credit under Section 212 of the Illinois Income Tax

16 Act shall not be required to pay any fee for participating in a

17 required traffic education program.

18 (Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672,

19 eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)

20 (625 ILCS 5/6-205.2 rep.)

21 (625 ILCS 5/6-306.7 rep.)

22 Section 10. The Illinois Vehicle Code is amended by

23 repealing Sections 6-205.2 and 6-306.7.

24 Section 99. Effective date. This Act takes effect July 1,

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1 2019.".