Sen. Kwame Raoul
Filed: 3/15/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 924 




2 AMENDMENT NO. ______. Amend Senate Bill 924 by replacing 
3everything after the enacting clause with the following:


4 "(30 ILCS 105/5.676 rep.)
5 Section 5.The State Finance Act is amended by repealing 
6Section 5.676.

7 Section 10. The Illinois Vehicle Code is amended by 
8changing Sections 2-118, 3-402, 4-203, 6-103.1, 6-118, 6-201, 
96-203.1, 6-204, 6-205, 6-206, 6-206.1, 6-206.2, 6-208, 
106-208.1, 6-306.4, 6-601, 7-402, 11-208.7, 11-500, 11-501, and 
1116-107 and by adding Sections 1-129.2, 6-206.5, and 6-303.5 as 
12follows:

13 (625 ILCS 5/1-129.2 new)
14 Sec. 1-129.2. Ignition Interlock Permit. An ignition 
15interlock permit (IIP) is a permit that allows a person whose 
 
 
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1driver's license and driving privileges have been:
2  (1) summarily suspended or revoked under Section 
3 11-501.1;
4  (2) suspended or revoked under paragraph (6) of 
5 subsection (a) of Section 6-206 for refusal of chemical 
6 testing in another state or a conviction in another state 
7 of driving under the influence, driving while intoxicated, 
8 driving while impaired or any offense where the cause of 
9 action is the same or substantially similar to Section 
10 11-501 of this Code or a conviction in another state of 
11 reckless homicide where alcohol or other drugs are recited 
12 as an element of the offense of any offense where the cause 
13 of action is the same or substantially similar to Section 
14 9-3 of the Criminal Code of 1961 or the Criminal Code of 
15 2012;
16  (3) revoked under paragraph (1) of subsection (a) of 
17 Section 6-206 where drugs or alcohol were recited as an 
18 element of the offense; or
19  (4) revoked under paragraph (1) or (2) of subsection 
20 (a) of Section 6-205,
21 to drive a vehicle, for the period of suspension or 
22revocation, if the vehicle is equipped with an ignition 
23interlock device as defined in Section 1-129.1. 



24 (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)



25 Sec. 2-118. Hearings. 

 
 
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1 (a) Upon the suspension, revocation or denial of
the 
2issuance of a license, permit, registration or certificate of 
3title
under this Code of any person the Secretary of State 
4shall immediately
notify such person in writing and upon his 
5written request shall, within 20
days after receipt thereof, 
6set a date for a hearing to commence within 90
calendar days 
7from the date of the written request for all requests related 
8to
a suspension, revocation, or the denial of the issuance of a 
9license, permit,
registration, or certificate of title 
10occurring after July 1, 2002, in the
County of
Sangamon, the 
11County of Jefferson, or the County of Cook, as such
person may 
12specify, unless both
parties agree that such hearing may be 
13held in some other county.
The Secretary may require the 
14payment of a fee of not more than $50 for the
filing of any 
15petition, motion, or request for hearing conducted pursuant to

16this Section. These fees must be deposited into the Secretary 
17of State DUI
Administration Fund, a special fund created in the 
18State treasury, and, subject
to appropriation and as directed 
19by the Secretary of State, shall be used for
operation of the 
20Department of Administrative Hearings of the Office of the

21Secretary of
State
and for no other purpose. Effective July 1, 
222014, the Secretary shall, subject to appropriation by the 
23General Assembly, also use the money paid into the Secretary of 
24State DUI Administration Fund for costs incurred in the 
25issuance of ignition interlock permits and the holding of 
26administrative hearings. The
Secretary shall establish by rule 
 
 
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1the amount and the procedures, terms, and
conditions relating 
2to these fees.

3 (b) At any time after the suspension, revocation or denial 
4of a license,
permit, registration or certificate of title of 
5any person as
hereinbefore referred to, the Secretary of State, 
6in his or her discretion
and
without the necessity of a request 
7by such person, may hold such a hearing,
upon not less than 10 
8days' notice in writing, in the Counties of Sangamon,

9Jefferson,
or Cook or in any other county agreed to by the 
10parties.

11 (c) Upon any such hearing, the Secretary of State, or his 
12authorized
agent may administer oaths and issue subpoenas for 
13the attendance of
witnesses and the production of relevant 
14books and records and may require
an examination of such 
15person. Upon any such hearing, the Secretary of
State shall 
16either rescind or, good cause appearing therefor, continue,

17change or extend the Order of Revocation or Suspension, or upon 
18petition
therefore and subject to the provisions of this Code, 
19issue a restricted
driving permit or reinstate the license or 
20permit of such person.

21 (d) All hearings and hearing procedures shall comply with 
22requirements
of the Constitution, so that no person is deprived 
23of due process of law
nor denied equal protection of the laws. 
24All hearings shall be held before
the Secretary of State or 
25before such persons as may be designated by the
Secretary of 
26State and appropriate records of such hearings shall be kept.

 
 
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1Where a transcript of the hearing is taken, the person 
2requesting the
hearing shall have the opportunity to order a 
3copy thereof at his own
expense.
The Secretary of State shall 
4enter an order upon any hearing conducted
under this Section, 
5related to a suspension, revocation, or the denial of
the 
6issuance of a license, permit, registration, or certificate of 
7title
occurring after July 1, 2002, within 90 days of its 
8conclusion and shall
immediately notify the person in writing 
9of his or her action.

10 (d-5) Any hearing over which the Secretary of State has 
11jurisdiction because of a person's implied consent to testing 
12of the person's blood, breath, or urine for the presence of 
13alcohol, drugs, or intoxicating compounds may be conducted upon 
14a review of the official police reports. Either party, however, 
15may subpoena the arresting officer and any other law 
16enforcement officer who was involved in the petitioner's arrest 
17or processing after arrest, as well as any other person whose 
18testimony may be probative to the issues at the hearing. The 
19failure of a law enforcement officer to answer the subpoena 
20shall be considered grounds for a continuance if, in the 
21hearing officer's discretion, the continuance is appropriate. 
22The failure of the arresting officer to answer a subpoena shall 
23not, in and of itself, be considered grounds for the rescission 
24of an implied consent suspension. Rather, the hearing shall 
25proceed on the basis of the other evidence available, and the 
26hearing officer shall assign this evidence whatever probative 
 
 
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1value is deemed appropriate. The decision whether to rescind 
2shall be based upon the totality of the evidence.

3 (e) The action of the
Secretary of State in suspending, 
4revoking or denying any license, permit,
registration, or 
5certificate of title shall be subject to judicial review
in the

6Circuit Court of Sangamon County, in the Circuit Court of 
7Jefferson County,
or in the Circuit Court of Cook County, and 
8the
provisions of the Administrative Review Law, and all 
9amendments and
modifications thereto, and the rules adopted 
10pursuant thereto, are hereby
adopted and shall apply to and 
11govern every action for the judicial review of
final acts or 
12decisions of the Secretary of State hereunder.

13(Source: P.A. 95-627, eff. 6-1-08; 96-184, eff. 8-10-09.)





14 (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)



15 Sec. 3-402. Vehicles subject to registration; exceptions. 

16 A. Exemptions and Policy. Every motor vehicle, trailer, 
17semitrailer and
pole trailer when driven or moved upon a 
18highway shall be subject to the
registration and certificate of 
19title provisions of this Chapter except:


20  (1) Any such vehicle driven or moved upon a highway in 
21 conformance with
the
provisions of this Chapter relating to 
22 manufacturers, transporters, dealers,
lienholders or 
23 nonresidents or under a temporary registration permit 
24 issued
by the Secretary of State;


25  (2) Any implement of husbandry whether of a type 
 
 
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1 otherwise subject to
registration hereunder or not which is 
2 only incidentally operated or moved
upon a highway, which 
3 shall include a not-for-hire movement for the purpose
of 
4 delivering farm commodities to a place of first processing 
5 or sale, or
to a place of storage;


6  (3) Any special mobile equipment as herein defined;


7  (4) Any vehicle which is propelled exclusively by 
8 electric power obtained
from overhead trolley wires though 
9 not operated upon rails;


10  (5) Any vehicle which is equipped and used exclusively 
11 as a pumper, ladder
truck, rescue vehicle, searchlight 
12 truck, or other fire apparatus, but not
a vehicle of a type 
13 which would otherwise be subject to registration as a

14 vehicle of the first division;


15  (6) Any vehicle which is owned and operated by the 
16 federal government
and externally displays evidence of 
17 federal ownership. It is the policy
of the State of 
18 Illinois to promote and encourage the fullest use of its

19 highways and to enhance the flow of commerce thus 
20 contributing to the economic,
agricultural, industrial and 
21 social growth and development of this State,
by authorizing 
22 the Secretary of State to negotiate and enter into 
23 reciprocal
or proportional agreements or arrangements with 
24 other States, or to issue
declarations setting forth 
25 reciprocal exemptions, benefits and privileges
with 
26 respect to vehicles operated interstate which are properly 
 
 
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1 registered
in this and other States, assuring nevertheless 
2 proper registration of vehicles
in Illinois as may be 
3 required by this Code;


4  (7) Any converter dolly or tow dolly which merely 
5 serves as
substitute wheels for another
legally licensed 
6 vehicle. A title may be issued on a voluntary basis to
a 
7 tow dolly upon receipt of the manufacturer's certificate of 
8 origin or
the bill of sale;


9  (8) Any house trailer found to be an abandoned mobile 
10 home under the
Abandoned Mobile Home Act;


11  (9) Any vehicle that is not properly registered or does 
12 not have
registration plates issued to the owner or 
13 operator affixed thereto, or that
does have registration 
14 plates issued to the owner or operator affixed thereto
but 
15 the plates are not appropriate for the weight of the 
16 vehicle, provided that
this
exemption shall apply only 
17 while the vehicle is being transported or operated
by a 
18 towing service and has a third tow plate affixed to
it.

19 B. Reciprocity. Any motor vehicle, trailer, semitrailer or 
20pole trailer
need not be registered under this Code provided 
21the same is operated interstate
and in accordance with the 
22following provisions and any rules and regulations
promulgated 
23pursuant thereto:


24  (1) A nonresident owner, except as otherwise provided 
25 in this Section,
owning any foreign registered vehicle of a 
26 type otherwise subject to
registration hereunder, may 
 
 
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1 operate or permit the operation of such vehicle
within this 
2 State in interstate commerce without registering such 
3 vehicle
in, or paying any fees to, this State subject to 
4 the condition that such
vehicle at all times when operated 
5 in this State is operated pursuant to a
reciprocity 
6 agreement, arrangement or declaration by this State, and

7 further subject to the condition that such vehicle at all 
8 times when
operated in this State is duly registered in, 
9 and displays upon it, a valid
registration card and 
10 registration plate or plates issued for such vehicle
in the 
11 place of residence of such owner and is issued and 
12 maintains in such
vehicle a valid Illinois reciprocity 
13 permit as required by the Secretary of
State, and provided 
14 like privileges are afforded to residents of this State
by 
15 the State of residence of such owner.


16  Every nonresident including any foreign corporation 
17 carrying on business
within this State and owning and 
18 regularly operating in such business any
motor vehicle, 
19 trailer or semitrailer within this State in intrastate 
20 commerce,
shall be required to register each such vehicle 
21 and pay the same fees therefor
as is required with 
22 reference to like vehicles owned by residents of this

23 State.


24  (2) Any motor vehicle, trailer, semitrailer and pole 
25 trailer operated
interstate need not be registered in this 
26 State, provided:


 
 
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1   (a) that the vehicle is properly registered in 
2 another
State pursuant to law or to a reciprocity 
3 agreement, arrangement or
declaration; or


4   (b) that such vehicle is part of a fleet of 
5 vehicles owned or operated
by the same person who 
6 registers such fleet of vehicles pro rata among the

7 various States in which such fleet operates; or


8   (c) that such vehicle is part of a fleet of 
9 vehicles, a portion of which
are registered with the 
10 Secretary of State of Illinois in accordance with
an 
11 agreement or arrangement concurred in by the Secretary 
12 of State of
Illinois based on one or more of the 
13 following factors: ratio of miles in
Illinois as 
14 against total miles in all jurisdictions; situs
or base 
15 of a vehicle, or where it is principally garaged, or 
16 from whence
it is principally dispatched or where the 
17 movements of such vehicle usually
originate; situs of 
18 the residence of the owner or operator thereof, or of

19 his principal office or offices, or of his places of 
20 business; the routes
traversed and whether regular or 
21 irregular routes are traversed, and the
jurisdictions 
22 traversed and served; and such other factors as may be 
23 deemed
material by the Secretary and the motor vehicle 
24 administrators of the other
jurisdictions involved in 
25 such apportionment. Such vehicles shall maintain 
26 therein any reciprocity permit
which may be required by 
 
 
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1 the Secretary of State pursuant to rules and

2 regulations which the Secretary of State may 
3 promulgate in the
administration of this Code, in the 
4 public interest.


5  (3) (a) In order to effectuate the purposes of this 
6 Code, the Secretary
of State of Illinois is empowered 
7 to negotiate and execute written reciprocal
agreements 
8 or arrangements with the duly authorized 
9 representatives of other
jurisdictions, including 
10 States, districts, territories and possessions
of the 
11 United States, and foreign states, provinces, or 
12 countries, granting
to owners or operators of vehicles 
13 duly registered or licensed in such
other 
14 jurisdictions and for which evidence of compliance is 
15 supplied,
benefits, privileges and exemption from the 
16 payment, wholly or partially,
of any taxes, fees or 
17 other charges imposed with respect to the ownership
or 
18 operation of such vehicles by the laws of this State 
19 except the tax
imposed by the Motor Fuel Tax Law, 
20 approved March 25, 1929, as amended, and
the tax 
21 imposed by the Use Tax Act, approved July 14, 1955, as 
22 amended.


23   The Secretary of State may negotiate agreements or 
24 arrangements as are in
the best interests of this State 
25 and the residents of this State pursuant
to the 
26 policies expressed in this Section taking into 
 
 
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1 consideration the
reciprocal exemptions, benefits and 
2 privileges available and accruing to
residents of this 
3 State and vehicles registered in this State.


4   (b) Such reciprocal agreements or arrangements 
5 shall provide that vehicles
duly registered or 
6 licensed in this State when operated upon the highways

7 of such other jurisdictions, shall receive exemptions, 
8 benefits and privileges
of a similar kind or to a 
9 similar degree as extended to vehicles from such

10 jurisdictions in this State.


11   (c) Such agreements or arrangements may also 
12 authorize the apportionment of
registration or 
13 licensing of fleets of vehicles operated interstate, 
14 based
on any or all of the following factors: ratio of 
15 miles in Illinois as against
total miles in all 
16 jurisdictions; situs or base of a vehicle, or where it

17 is principally garaged or from whence it is principally 
18 dispatched or where
the movements of such vehicle 
19 usually originate; situs of the residence
of the owner 
20 or operator thereof, or of his principal office or 
21 offices,
or of his places of business; the routes 
22 traversed and whether regular or
irregular routes are 
23 traversed, and the jurisdictions traversed and served;

24 and such other factors as may be deemed material by the 
25 Secretary and the
motor vehicle administrators of the 
26 other jurisdictions involved in such
apportionment, 
 
 
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1 and such vehicles shall likewise be entitled to 
2 reciprocal
exemptions, benefits and privileges.


3   (d) Such agreements or arrangements shall also 
4 provide that vehicles being
operated in intrastate 
5 commerce in Illinois shall comply with the 
6 registration
and licensing laws of this State, except 
7 that vehicles which are part of
an apportioned fleet 
8 may conduct an intrastate operation incidental to 
9 their
interstate operations. Any motor vehicle 
10 properly registered and qualified
under any reciprocal 
11 agreement or arrangement under this Code and not having

12 a situs or base within Illinois may complete the 
13 inbound movement of a trailer
or semitrailer to an 
14 Illinois destination that was brought into Illinois
by 
15 a motor vehicle also properly registered and qualified 
16 under this Code
and not having a situs or base within 
17 Illinois, or may complete an outbound
movement of a 
18 trailer or semitrailer to an out-of-state destination 
19 that
was originated in Illinois by a motor vehicle also 
20 properly registered and
qualified under this Code and 
21 not having a situs or base in Illinois, only
if the 
22 operator thereof did not break bulk of the cargo laden 
23 in such
inbound or outbound trailer or semitrailer. 
24 Adding or unloading intrastate
cargo on such inbound or 
25 outbound trailer or semitrailer shall be deemed
as 
26 breaking bulk.


 
 
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1   (e) Such agreements or arrangements may also 
2 provide for the determination
of the proper State in 
3 which leased vehicles shall be registered based on
the 
4 factors set out in subsection (c) above and for 
5 apportionment of
registration of fleets of leased 
6 vehicles by the lessee or by the lessor
who leases such 
7 vehicles to persons who are not fleet operators.


8   (f) Such agreements or arrangements may also 
9 include reciprocal
exemptions, benefits or privileges 
10 accruing under The Illinois Driver
Licensing Law or The 
11 Driver License Compact.


12  (4) The Secretary of State is further authorized to 
13 examine the laws
and requirements of other jurisdictions, 
14 and, in the absence of a written
agreement or arrangement, 
15 to issue a written declaration of the extent and
nature of 
16 the exemptions, benefits and privileges accorded to 
17 vehicles of
this State by such other jurisdictions, and the 
18 extent and nature of reciprocal
exemptions, benefits and 
19 privileges thereby accorded by this State to the
vehicles 
20 of such other jurisdictions. A declaration by the Secretary 
21 of
State may include any, part or all reciprocal 
22 exemptions, benefits and
privileges or provisions as may be 
23 included within an agreement or arrangement.


24  (5) All agreements, arrangements, declarations and 
25 amendments thereto,
shall be in writing and become 
26 effective when signed by the Secretary of
State, and copies 
 
 
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1 of all such documents shall be available to the public upon 
2 request.


3  (6) The Secretary of State is further authorized to 
4 require the display
by foreign registered trucks, 
5 truck-tractors and buses, entitled to reciprocal
benefits, 
6 exemptions or privileges hereunder, a reciprocity permit 
7 for
external display before any such reciprocal benefits, 
8 exemptions or privileges
are granted. The Secretary of 
9 State shall provide suitable application forms
for such 
10 permit and shall promulgate and publish reasonable rules 
11 and
regulations for the administration and enforcement of 
12 the provisions of
this Code including a provision for 
13 revocation of such permit as to any
vehicle operated 
14 wilfully in violation of the terms of any reciprocal

15 agreement, arrangement or declaration or in violation
of 
16 the Illinois Motor Carrier of Property Law, as amended.


17  (7) (a) Upon the suspension, revocation or denial of 
18 one or more of all
reciprocal benefits, privileges and 
19 exemptions existing pursuant to the
terms and 
20 provisions of this Code or by virtue of a reciprocal 
21 agreement
or arrangement or declaration thereunder; 
22 or, upon the suspension, revocation
or denial of a 
23 reciprocity permit; or, upon any action or inaction of 
24 the
Secretary in the administration and enforcement of 
25 the provisions of this
Code, any person, resident or 
26 nonresident, so aggrieved, may serve upon
the 
 
 
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1 Secretary, a petition in writing and under oath, 
2 setting forth the
grievance of the petitioner, the 
3 grounds and basis for the relief sought,
and all 
4 necessary facts and particulars, and request an 
5 administrative
hearing thereon. Within 20 days, the 
6 Secretary shall set a hearing date as
early as 
7 practical. The Secretary may, in his discretion, 
8 supply forms for
such a petition.
The Secretary may 
9 require the payment of a fee of not more than $50 for 
10 the
filing of any petition, motion, or request for 
11 hearing conducted pursuant to
this Section. These fees 
12 must be deposited into the Secretary of State DUI

13 Administration Fund, a special fund that is hereby 
14 created in the State
treasury, and, subject
to 
15 appropriation and as directed by the Secretary of 
16 State, shall be used to
fund
the operation of the 
17 hearings department of the Office of the Secretary of

18 State
and for no other purpose. Effective July 1, 2014, 
19 the Secretary shall, subject to appropriation by the 
20 General Assembly, also use the money paid into the 
21 Secretary of State DUI Administration Fund for costs 
22 incurred in the issuance of monitoring device driving 
23 permits, ignition interlock permits, and the holding 
24 of administrative hearings. The
Secretary shall 
25 establish by rule the amount and the procedures, terms, 
26 and
conditions relating to these fees.


 
 
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1   (b) The Secretary may likewise, in his discretion 
2 and upon his own
petition,
order a hearing, when in his 
3 best judgment, any person is not entitled to
the 
4 reciprocal benefits, privileges and exemptions 
5 existing pursuant to
the terms and provisions of this 
6 Code or under a reciprocal agreement or
arrangement or 
7 declaration thereunder or that a vehicle owned or 
8 operated
by such person is improperly registered or 
9 licensed, or that an Illinois
resident has improperly 
10 registered or licensed a vehicle in another

11 jurisdiction for the purposes of violating or avoiding 
12 the registration
laws of this State.


13   (c) The Secretary shall notify a petitioner or any 
14 other person involved
of such a hearing, by giving at 
15 least 10 days notice, in writing, by U.S.
Mail, 
16 Registered or Certified, or by personal service, at the 
17 last known
address of such petitioner or person, 
18 specifying the time and place of such
hearing. Such 
19 hearing shall be held before the Secretary, or any 
20 person
as he may designate, and unless the parties 
21 mutually agree to some other
county in Illinois, the 
22 hearing shall be held in the County of Sangamon
or the 
23 County of Cook. Appropriate records of the hearing 
24 shall be kept,
and the Secretary shall issue or cause 
25 to be issued, his decision on the
case, within 30 days 
26 after the close of such hearing or within 30 days after

 
 
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1 receipt of the transcript thereof, and a copy shall 
2 likewise be served or
mailed to the petitioner or 
3 person involved.


4   (d) The actions or inactions or determinations, or 
5 findings and decisions
upon an administrative hearing, 
6 of the Secretary, shall be subject to judicial
review 
7 in the Circuit Court of the County of Sangamon or the 
8 County of Cook,
and the provisions of the 
9 Administrative Review Law,
and all amendments and 
10 modifications thereof and rules adopted pursuant

11 thereto, apply to and govern all such reviewable 
12 matters.


13   Any reciprocal agreements or arrangements entered 
14 into by the Secretary
of State or any declarations 
15 issued by the Secretary of State pursuant to
any law in 
16 effect prior to the effective date of this Code are not 
17 hereby
abrogated, and such shall continue in force and 
18 effect until amended pursuant
to the provisions of this 
19 Code or expire pursuant to the terms or provisions

20 thereof.

21(Source: P.A. 92-418, eff. 8-17-01; 92-651, eff. 7-11-02.)



22 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)

23 Sec. 4-203. Removal of motor vehicles or other vehicles; 
24Towing or
hauling away.


25 (a) When a vehicle is abandoned, or left unattended, on a 
 
 
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1toll
highway, interstate highway, or expressway for 2 hours or 
2more, its
removal by a towing service may be authorized by a 
3law enforcement
agency having jurisdiction.


4 (b) When a vehicle is abandoned on a highway in an urban 
5district 10
hours or more, its removal by a towing service may 
6be authorized by a
law enforcement agency having jurisdiction.


7 (c) When a vehicle is abandoned or left unattended on a 
8highway
other than a toll highway, interstate highway, or 
9expressway, outside of
an urban district for 24 hours or more, 
10its removal by a towing service
may be authorized by a law 
11enforcement agency having jurisdiction.


12 (d) When an abandoned, unattended, wrecked, burned or 
13partially
dismantled vehicle is creating a traffic hazard 
14because of its position
in relation to the highway or its 
15physical appearance is causing the
impeding of traffic, its 
16immediate removal from the highway or private
property adjacent 
17to the highway by a towing service may be authorized
by a law 
18enforcement agency having jurisdiction.


19 (e) Whenever a
peace officer reasonably believes that a 
20person under
arrest for a violation of Section 11-501 of this 
21Code or a similar
provision of a local ordinance is likely, 
22upon release, to commit a
subsequent violation of Section 
2311-501, or a similar provision of a local
ordinance, the 
24arresting officer shall have the vehicle which the person
was 
25operating at the time of the arrest impounded for a period of 
26not more
than 12 hours after the time of arrest. However, such 
 
 
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1vehicle may be
released by the arresting law enforcement agency 
2prior to the end of the
impoundment period if:


3  (1) the vehicle was not owned by the person under 
4 arrest, and the lawful
owner requesting such release 
5 possesses a valid operator's license, proof
of ownership, 
6 and would not, as determined by the arresting law 
7 enforcement
agency, indicate a lack of ability to operate a 
8 motor vehicle in a safe
manner, or who would otherwise, by 
9 operating such motor vehicle, be in
violation of this Code; 
10 or


11  (2) the vehicle is owned by the person under arrest, 
12 and the person
under arrest gives permission to another 
13 person to operate such vehicle,
provided however, that the 
14 other person possesses a valid operator's license
and would 
15 not, as determined by the arresting law enforcement
agency, 
16 indicate a lack of ability to operate a motor vehicle in a 
17 safe
manner or who would otherwise, by operating such motor 
18 vehicle, be in
violation of this Code.


19 (e-5) Whenever a registered owner of a vehicle is taken 
20into custody for
operating the vehicle in violation of Section 
2111-501 of this Code or a similar
provision of a local ordinance 
22or Section 6-303 or 6-303.5 of this Code, a
law enforcement 
23officer
may have the vehicle immediately impounded for a period 
24not less than:


25  (1) 24 hours for a second violation of Section 11-501 
26 of this Code or a
similar provision of a local ordinance or 
 
 
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1 Section 6-303
or 6-303.5 of
this Code or a combination of 
2 these offenses; or


3  (2) 48 hours for a third violation of Section 11-501 of 
4 this Code or a
similar provision of a local ordinance or 
5 Section 6-303 or 6-303.5 of this
Code or a combination of 
6 these offenses.


7 The vehicle may be released sooner if the vehicle is owned 
8by the person
under arrest and the person under arrest gives 
9permission to another person to
operate the vehicle and that 
10other person possesses a valid operator's license
and would 
11not, as determined by the arresting law enforcement agency, 
12indicate
a lack of ability to operate a motor vehicle in a safe 
13manner or would
otherwise, by operating the motor vehicle, be 
14in violation of this Code.


15 (f) Except as provided in Chapter 18a of this Code, the 
16owner or
lessor of privately owned real property within this 
17State, or any person
authorized by such owner or lessor, or any 
18law enforcement agency in the
case of publicly owned real 
19property may cause any motor vehicle abandoned
or left 
20unattended upon such property without permission to be removed 
21by a
towing service without liability for the costs of removal, 
22transportation
or storage or damage caused by such removal, 
23transportation or storage.
The towing or removal of any vehicle 
24from private property without the
consent of the registered 
25owner or other legally authorized person in
control of the 
26vehicle is subject to compliance with the following
conditions 
 
 
09800SB0924sam001- 22 -LRB098 05192 MLW 42432 a


1and restrictions:


2  1. Any towed or removed vehicle must be stored at the 
3 site of the towing
service's place of business. The site 
4 must be open during business hours,
and for the purpose of 
5 redemption of vehicles, during the time that the
person or 
6 firm towing such vehicle is open for towing purposes.


7  2. The towing service shall within 30 minutes of 
8 completion of such
towing or removal, notify the law 
9 enforcement agency having jurisdiction of
such towing or 
10 removal, and the make, model, color and license plate 
11 number
of the vehicle, and shall obtain and record the name 
12 of the person at the law
enforcement agency to whom such 
13 information was reported.


14  3. If the registered owner or legally authorized person 
15 entitled to
possession of the vehicle shall arrive at the 
16 scene prior to actual removal
or towing of the vehicle, the 
17 vehicle shall be disconnected from the tow
truck and that 
18 person shall be allowed to remove the vehicle without

19 interference, upon the payment of a reasonable service fee 
20 of not more than
one half the posted rate of the towing 
21 service as provided in paragraph
6 of this subsection, for 
22 which a receipt shall be given.


23  4. The rebate or payment of money or any other valuable 
24 consideration
from the towing service or its owners, 
25 managers or employees to the owners
or operators of the 
26 premises from which the vehicles are towed or removed,
for 
 
 
09800SB0924sam001- 23 -LRB098 05192 MLW 42432 a


1 the privilege of removing or towing those vehicles, is 
2 prohibited. Any
individual who violates this paragraph 
3 shall be guilty of a Class A
misdemeanor.


4  5. Except for property appurtenant to and obviously a 
5 part of a single
family residence, and except for instances 
6 where notice is personally given
to the owner or other 
7 legally authorized person in control of the vehicle
that 
8 the area in which that vehicle is parked is reserved or 
9 otherwise
unavailable to unauthorized vehicles and they 
10 are subject to being removed
at the owner or operator's 
11 expense, any property owner or lessor, prior to
towing or 
12 removing any vehicle from private property without the 
13 consent of
the owner or other legally authorized person in 
14 control of that vehicle,
must post a notice meeting the 
15 following requirements:


16   a. Except as otherwise provided in subparagraph 
17 a.1 of this subdivision (f)5, the notice must be 
18 prominently placed at each driveway access or curb
cut 
19 allowing vehicular access to the property within 5 feet 
20 from the public
right-of-way line. If there are no 
21 curbs or access barriers, the sign must
be posted not 
22 less than one sign each 100 feet of lot frontage.


23   a.1. In a municipality with a population of less 
24 than 250,000, as an alternative to the requirement of 
25 subparagraph a of this subdivision (f)5, the notice for 
26 a parking lot contained within property used solely for 
 
 
09800SB0924sam001- 24 -LRB098 05192 MLW 42432 a


1 a 2-family, 3-family, or 4-family residence may be 
2 prominently placed at the perimeter of the parking lot, 
3 in a position where the notice is visible to the 
4 occupants of vehicles entering the lot.

5   b. The notice must indicate clearly, in not less 
6 than 2 inch high
light-reflective letters on a 
7 contrasting background, that unauthorized
vehicles 
8 will be towed away at the owner's expense.


9   c. The notice must also provide the name and 
10 current telephone
number of the towing service towing 
11 or removing the vehicle.


12   d. The sign structure containing the required 
13 notices must be
permanently installed with the bottom 
14 of the sign not less than 4 feet
above ground level, 
15 and must be continuously maintained on the property for

16 not less than 24 hours prior to the towing or removing 
17 of any vehicle.


18  6. Any towing service that tows or removes vehicles and 
19 proposes to
require the owner, operator, or person in 
20 control of the vehicle to pay the
costs of towing and 
21 storage prior to redemption of the vehicle must file
and 
22 keep on record with the local law enforcement agency a 
23 complete copy of
the current rates to be charged for such 
24 services, and post at the storage
site an identical rate 
25 schedule and any written contracts with property
owners, 
26 lessors, or persons in control of property which authorize 
 
 
09800SB0924sam001- 25 -LRB098 05192 MLW 42432 a


1 them to
remove vehicles as provided in this Section.
The 
2 towing and storage charges, however, shall not exceed the 
3 maximum allowed by the Illinois Commerce Commission under 
4 Section 18a-200.

5  7. No person shall engage in the removal of vehicles 
6 from private
property as described in this Section without 
7 filing a notice of intent
in each community where he 
8 intends to do such removal, and such
notice shall be filed 
9 at least 7 days before commencing such towing.


10  8. No removal of a vehicle from private property shall 
11 be done except
upon express written instructions of the 
12 owners or persons in charge of the
private property upon 
13 which the vehicle is said to be trespassing.


14  9. Vehicle entry for the purpose of removal shall be 
15 allowed with
reasonable care on the part of the person or 
16 firm towing the vehicle. Such
person or firm shall be 
17 liable for any damages occasioned to the vehicle if
such 
18 entry is not in accordance with the standards of reasonable 
19 care.


20  10. When a vehicle has been towed or removed pursuant 
21 to this Section,
it must be released to its owner or 
22 custodian within one half hour after
requested, if such 
23 request is made during business hours. Any vehicle owner
or 
24 custodian or agent shall have the right to inspect the 
25 vehicle before
accepting its return, and no release or 
26 waiver of any kind which would
release the towing service 
 
 
09800SB0924sam001- 26 -LRB098 05192 MLW 42432 a


1 from liability for damages incurred during the
towing and 
2 storage may be required from any vehicle owner or other 
3 legally
authorized person as a condition of release of the 
4 vehicle. A detailed,
signed receipt showing the legal name 
5 of the towing service must be given
to the person paying 
6 towing or storage charges at the time of payment,
whether 
7 requested or not.


8 This Section shall not apply to law enforcement, 
9firefighting, rescue,
ambulance, or other emergency vehicles 
10which are marked as such or to
property owned by any 
11governmental entity.


12 When an authorized person improperly causes a motor vehicle 
13to be
removed, such person shall be liable to the owner or 
14lessee of the vehicle
for the cost or removal, transportation 
15and storage, any damages resulting
from the removal, 
16transportation and storage, attorney's fee and court costs.


17 Any towing or storage charges accrued shall be payable by 
18the use of any
major credit card, in addition to being payable 
19in cash.


20  11. Towing companies shall also provide insurance 
21 coverage for areas
where vehicles towed under the 
22 provisions of this Chapter will be impounded
or otherwise 
23 stored, and shall adequately cover loss by fire, theft or

24 other risks.


25 Any person who fails to comply with the conditions and 
26restrictions of
this subsection shall be guilty of a Class C 
 
 
09800SB0924sam001- 27 -LRB098 05192 MLW 42432 a


1misdemeanor and shall be fined
not less than $100 nor more than 
2$500.


3 (g)(1) When a vehicle is determined to be a hazardous 
4dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the 
5Illinois Municipal Code or Section 5-12002.1 of the Counties 
6Code, its
removal and impoundment by a towing service may be 
7authorized by a law
enforcement agency with appropriate 
8jurisdiction.


9 (2) When a vehicle removal from either public or private 
10property is
authorized by a law enforcement agency, the owner 
11of the vehicle shall be
responsible for all towing and storage 
12charges.


13 (3) Vehicles removed from public or private property and

14stored by a commercial vehicle relocator or any other towing 
15service authorized by a law enforcement agency in
compliance 
16with this Section and Sections 4-201 and 4-202
of this Code, or 
17at the request of the vehicle owner or operator,
shall
be 
18subject to a possessor lien for services
pursuant to the Labor 
19and Storage Lien (Small Amount) Act. The provisions of Section 
201 of that Act relating to notice
and implied consent shall be 
21deemed satisfied by compliance with Section
18a-302 and 
22subsection (6) of Section 18a-300. In no event shall such lien

23be greater than the rate or rates established in accordance 
24with subsection
(6) of Section 18a-200 of this Code. In no 
25event shall such lien be
increased or altered to reflect any 
26charge for services or materials
rendered in addition to those 
 
 
09800SB0924sam001- 28 -LRB098 05192 MLW 42432 a


1authorized by this Act. Every such lien
shall be payable by use 
2of any major credit card, in addition to being
payable in cash.


3 (4) Any personal property belonging to the vehicle owner in 
4a vehicle subject to a lien under this
subsection
(g) shall 
5likewise be subject to that lien, excepting only:
child 
6restraint systems as defined in Section 4 of the Child 
7Passenger Protection Act and other child booster seats; 
8eyeglasses; food; medicine; perishable property; any 
9operator's licenses; any cash, credit
cards, or checks or 
10checkbooks; any wallet, purse, or other property
containing any 
11operator's license or other identifying documents or 
12materials,
cash, credit cards, checks, or checkbooks; and any 
13personal property belonging to a person other than the vehicle 
14owner if that person provides adequate proof that the personal 
15property belongs to that person. The spouse, child, mother, 
16father, brother, or sister of the vehicle owner may claim 
17personal property excepted under this paragraph (4) if the 
18person claiming the personal property provides the commercial 
19vehicle relocator or towing service with the authorization of 
20the vehicle owner. 
21 (5) This paragraph (5) applies only in the case of a 
22vehicle that is towed as a result of being involved in an 
23accident. In addition to the personal property excepted under 
24paragraph (4), all other personal property in a vehicle subject 
25to a lien under this subsection (g) is exempt from that lien 
26and may be claimed by the vehicle owner if the vehicle owner 
 
 
09800SB0924sam001- 29 -LRB098 05192 MLW 42432 a


1provides the commercial vehicle relocator or towing service 
2with proof that the vehicle owner has an insurance policy 
3covering towing and storage fees. The spouse, child, mother, 
4father, brother, or sister of the vehicle owner may claim 
5personal property in a vehicle subject to a lien under this 
6subsection (g) if the person claiming the personal property 
7provides the commercial vehicle relocator or towing service 
8with the authorization of the vehicle owner and proof that the 
9vehicle owner has an insurance policy covering towing and 
10storage fees. The regulation of liens on personal property and 
11exceptions to those liens in the case of vehicles towed as a 
12result of being involved in an accident are
exclusive powers 
13and functions of the State. A home
rule unit may not regulate 
14liens on personal property and exceptions to those liens in the 
15case of vehicles towed as a result of being involved in an 
16accident. This paragraph (5) is a denial and
limitation of home 
17rule powers and functions under
subsection (h) of Section 6 of 
18Article VII of the
Illinois Constitution. 
19 (6) No lien under this subsection (g) shall:
exceed $2,000 
20in its total amount; or
be increased or altered to reflect any 
21charge for services or
materials rendered in addition to those 
22authorized by this Act.

23 (h) Whenever a peace officer issues a citation to a driver 
24for a violation of subsection (a) of Section 11-506 of this 
25Code, the arresting officer may have the vehicle which the 
26person was operating at the time of the arrest impounded for a 
 
 
09800SB0924sam001- 30 -LRB098 05192 MLW 42432 a


1period of 5 days after the time of arrest.
An impounding agency 
2shall release a motor vehicle impounded under this subsection 
3(h) to the registered owner of the vehicle under any of the 
4following circumstances:
5  (1) If the vehicle is a stolen vehicle; or
6  (2) If the person ticketed for a violation of 
7 subsection (a) of Section 11-506 of this Code was not 
8 authorized by the registered owner of the vehicle to 
9 operate the vehicle at the time of the violation; or
10  (3) If the registered owner of the vehicle was neither 
11 the driver nor a passenger in the vehicle at the time of 
12 the violation or was unaware that the driver was using the 
13 vehicle to engage in street racing; or
14  (4) If the legal owner or registered owner of the 
15 vehicle is a rental car agency; or
16  (5) If, prior to the expiration of the impoundment 
17 period specified above, the citation is dismissed or the 
18 defendant is found not guilty of the offense.

19(Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11; 
2097-779, eff. 7-13-12.)


21 (625 ILCS 5/6-103.1)
22 Sec. 6-103.1. New residents; out-of-state revocation.
23 (a) The Secretary of State may not issue a driver's license 
24to a nonresident who becomes a resident of this State while the 
25new resident's driving privileges are revoked, under terms 
 
 
09800SB0924sam001- 31 -LRB098 05192 MLW 42432 a


1similar to those provided in Section 1-176 of this Code, in 
2another state.
3 (b) The Secretary may issue restricted driving permits or 
4ignition interlock permits to new residents whose driving 
5privileges are revoked in another state. These permits must be 
6issued according to the restrictions, and for the purposes, 
7stated in Sections 6-205, and 6-206, and 6-206.5 of this Code. 
8The Secretary shall adopt rules for the issuance of these 
9permits.
10 (c) Any A restricted driving permit issued under this 
11Section is subject to cancellation, revocation, and suspension 
12by the Secretary of State in the same manner and for the same 
13causes as a driver's license issued under this Code may be 
14cancelled, revoked, or suspended, except that a conviction of 
15one or more offenses against laws or ordinances regulating the 
16movement of traffic is sufficient cause for the revocation, 
17suspension, or cancellation of a restricted driving permit.


18(Source: P.A. 94-473, eff. 1-1-06; 94-930, eff. 6-26-06.)



19 (625 ILCS 5/6-118)



20 Sec. 6-118. Fees. 
21 (a) The fee for licenses and permits under this
Article is 
22as follows:
23 Original driver's license.............................$30
24 Original or renewal driver's license
25  issued to 18, 19 and 20 year olds.................. 5
 
 
09800SB0924sam001- 32 -LRB098 05192 MLW 42432 a


1 All driver's licenses for persons
2  age 69 through age 80.............................. 5
3 All driver's licenses for persons
4  age 81 through age 86.............................. 2
5 All driver's licenses for persons
6  age 87 or older.....................................0
7 Renewal driver's license (except for
8  applicants ages 18, 19 and 20 or
9  age 69 and older)..................................30
10 Original instruction permit issued to
11  persons (except those age 69 and older)
12  who do not hold or have not previously
13  held an Illinois instruction permit or
14  driver's license.................................. 20
15 Instruction permit issued to any person
16  holding an Illinois driver's license
17  who wishes a change in classifications,
18  other than at the time of renewal.................. 5
19 Any instruction permit issued to a person
20  age 69 and older................................... 5
21 Instruction permit issued to any person,
22  under age 69, not currently holding a
23  valid Illinois driver's license or
24  instruction permit but who has
25  previously been issued either document
26  in Illinois....................................... 10
 
 
09800SB0924sam001- 33 -LRB098 05192 MLW 42432 a


1 Restricted driving permit.............................. 8
2 Ignition interlock Monitoring device driving permit.... 8 
3 Duplicate or corrected driver's license
4  or permit.......................................... 5
5 Duplicate or corrected restricted
6  driving permit..................................... 5
7 Duplicate or corrected ignition monitoring
8 interlock device driving permit......................... 5
9 Duplicate driver's license or permit issued to
10  an active-duty member of the
11  United States Armed Forces,
12  the member's spouse, or
13  the dependent children living
14  with the member................................... 0 
15 Original or renewal M or L endorsement................. 5
16SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
17  The fees for commercial driver licenses and permits 
18 under Article V
shall be as follows:
19 Commercial driver's license:
20  $6 for the CDLIS/AAMVAnet Trust Fund
21  (Commercial Driver's License Information
22  System/American Association of Motor Vehicle
23  Administrators network Trust Fund);
24  $20 for the Motor Carrier Safety Inspection Fund;
25  $10 for the driver's license;
26  and $24 for the CDL:............................. $60
 
 
09800SB0924sam001- 34 -LRB098 05192 MLW 42432 a


1 Renewal commercial driver's license:
2  $6 for the CDLIS/AAMVAnet Trust Fund;
3  $20 for the Motor Carrier Safety Inspection Fund;
4  $10 for the driver's license; and
5  $24 for the CDL:................................. $60
6 Commercial driver instruction permit
7  issued to any person holding a valid
8  Illinois driver's license for the
9  purpose of changing to a
10  CDL classification: $6 for the
11  CDLIS/AAMVAnet Trust Fund;
12  $20 for the Motor Carrier
13  Safety Inspection Fund; and
14  $24 for the CDL classification................... $50
15 Commercial driver instruction permit
16  issued to any person holding a valid
17  Illinois CDL for the purpose of
18  making a change in a classification,
19  endorsement or restriction........................ $5
20 CDL duplicate or corrected license.................... $5
21 In order to ensure the proper implementation of the Uniform 
22Commercial
Driver License Act, Article V of this Chapter, the 
23Secretary of State is
empowered to pro-rate the $24 fee for the 
24commercial driver's license
proportionate to the expiration 
25date of the applicant's Illinois driver's
license.
26 The fee for any duplicate license or permit shall be waived 
 
 
09800SB0924sam001- 35 -LRB098 05192 MLW 42432 a


1for any
person who presents the Secretary of State's office 
2with a
police report showing that his license or permit was 
3stolen.
4 The fee for any duplicate license or permit shall be waived 
5for any
person age 60 or older whose driver's license or permit 
6has been lost or stolen. 
7 No additional fee shall be charged for a driver's license, 
8or for a
commercial driver's license, when issued
to the holder 
9of an instruction permit for the same classification or
type of 
10license who becomes eligible for such
license.
11 (b) Any person whose license or privilege to operate a 
12motor vehicle
in this State has been suspended or revoked under 
13Section 3-707, any
provision of
Chapter 6, Chapter 11, or 
14Section 7-205, 7-303, or 7-702 of the Family
Financial

15Responsibility Law of this Code, shall in addition to any other

16fees required by this Code, pay a reinstatement fee as follows:
17 Suspension under Section 3-707.....................
$100

18 Summary suspension under Section 11-501.1...........$250

19 Summary revocation under Section 11-501.1............$500
20 Other suspension......................................$70
21 Revocation...........................................$500
22 However, any person whose license or privilege to operate a 
23motor vehicle
in this State has been suspended or revoked for a 
24second or subsequent time
for a violation of Section 11-501 or 
2511-501.1
of this Code or a similar provision of a local 
26ordinance
or a similar out-of-state offense
or Section 9-3 of 
 
 
09800SB0924sam001- 36 -LRB098 05192 MLW 42432 a


1the Criminal Code of 1961 or the Criminal Code of 2012
and each 
2suspension or revocation was for a violation of Section 11-501 
3or
11-501.1 of this Code or a similar provision of a local 
4ordinance
or a similar out-of-state offense
or Section
9-3 of 
5the Criminal Code of 1961 or the Criminal Code of 2012
shall 
6pay, in addition to any other
fees required by this Code, a

7reinstatement
fee as follows:
8 Summary suspension under Section 11-501.1............$500
9 Summary revocation under Section 11-501.1............$500
10 Revocation...........................................$500
11 (c) All fees collected under the provisions of this Chapter 
126 shall be
paid into the Road Fund in the State Treasury except 
13as follows:
14  1. The following amounts shall be paid into the Driver 
15 Education Fund:
16   (A) $16 of the $20
fee for an original driver's 
17 instruction permit;
18   (B) $5 of the $30 fee for an original driver's 
19 license;
20   (C) $5 of the $30 fee for a 4 year renewal driver's 
21 license;

22   (D) $4 of the $8 fee for a restricted driving 
23 permit; and
24   (E) $4 of the $8 fee for a monitoring device 
25 driving permit or ignition interlock permit. 
26  2. $30 of the $250 fee for reinstatement of a
license

 
 
09800SB0924sam001- 37 -LRB098 05192 MLW 42432 a


1 summarily suspended under Section 11-501.1 shall be 
2 deposited into the
Drunk and Drugged Driving Prevention 
3 Fund.
However, for a person whose license or privilege to 
4 operate a motor vehicle
in this State has been suspended or 
5 revoked for a second or subsequent time for
a violation of 
6 Section 11-501 or 11-501.1 of this Code or Section 9-3 of 
7 the
Criminal Code of 1961 or the Criminal Code of 2012,

8 $190 of the $500 fee for reinstatement of a license 
9 summarily
suspended under
Section 11-501.1,
and $190 of the 
10 $500 fee for reinstatement of a revoked license
shall be 
11 deposited into the Drunk and Drugged Driving Prevention 
12 Fund. $190 of the $500 fee for reinstatement of a license 
13 summarily revoked pursuant to Section 11-501.1 shall be 
14 deposited into the Drunk and Drugged Driving Prevention 
15 Fund.
16  3. $6 of such original or renewal fee for a commercial 
17 driver's
license and $6 of the commercial driver 
18 instruction permit fee when such
permit is issued to any 
19 person holding a valid Illinois driver's license,
shall be 
20 paid into the CDLIS/AAMVAnet Trust Fund.
21  4. $30 of the $70 fee for reinstatement of a license 
22 suspended
under the
Family
Financial Responsibility Law 
23 shall be paid into the Family Responsibility
Fund.
24  5. The $5 fee for each original or renewal M or L 
25 endorsement shall be
deposited into the Cycle Rider Safety 
26 Training Fund.
 
 
09800SB0924sam001- 38 -LRB098 05192 MLW 42432 a


1  6. $20 of any original or renewal fee for a commercial 
2 driver's
license or commercial driver instruction permit 
3 shall be paid into the Motor
Carrier Safety Inspection 
4 Fund.
5  7. The following amounts shall be paid into the General 
6 Revenue Fund:
7   (A) $190 of the $250 reinstatement fee for a 
8 summary suspension under
Section 11-501.1;
9   (B) $40 of the $70 reinstatement fee for any other 
10 suspension provided
in subsection (b) of this Section; 
11 and
12   (C) $440 of the $500 reinstatement fee for a first 
13 offense revocation
and $310 of the $500 reinstatement 
14 fee for a second or subsequent revocation.
15 (d) All of the proceeds of the additional fees imposed by 
16this amendatory Act of the 96th General Assembly shall be 
17deposited into the Capital Projects Fund. 
18 (e) The additional fees imposed by this amendatory Act of 
19the 96th General Assembly shall become effective 90 days after 
20becoming law. 
21 (f) As used in this Section, "active-duty member of the 
22United States Armed Forces" means a member of the Armed 
23Services or Reserve Forces of the United States or a member of 
24the Illinois National Guard who is called to active duty 
25pursuant to an executive order of the President of the United 
26States, an act of the Congress of the United States, or an 
 
 
09800SB0924sam001- 39 -LRB098 05192 MLW 42432 a


1order of the Governor. 
2(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09; 
396-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff. 
48-12-11; 97-1150, eff. 1-25-13.)



5 (625 ILCS 5/6-201)


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

7 (a) The Secretary of State is authorized to cancel any 
8license or permit
upon determining that the holder thereof:


9  1. was not entitled to the issuance thereof hereunder; 
10 or


11  2. failed to give the required or correct information 
12 in his
application; or


13  3. failed to pay any fees, civil penalties owed to the 
14 Illinois Commerce
Commission, or taxes due under this Act 
15 and upon reasonable notice and demand;
or


16  4. committed any fraud in the making of such 
17 application; or


18  5. is ineligible therefor under the provisions of 
19 Section 6-103 of this
Act, as amended; or


20  6. has refused or neglected to submit an alcohol, drug, 
21 and
intoxicating compound evaluation or to
submit to 
22 examination or re-examination as required under this Act; 
23 or


24  7. (blank); or has been convicted of violating the 
25 Cannabis Control Act,
the
Illinois Controlled Substances 
 
 
09800SB0924sam001- 40 -LRB098 05192 MLW 42432 a


1 Act, the Methamphetamine Control and Community Protection 
2 Act, or the Use of Intoxicating Compounds
Act while that 
3 individual was in actual physical
control of a motor 
4 vehicle. For purposes of this Section, any person placed on

5 probation under Section 10 of the Cannabis Control Act, 
6 Section 410 of the
Illinois Controlled Substances Act, or 
7 Section 70 of the Methamphetamine Control and Community 
8 Protection Act shall not be considered convicted. Any

9 person found guilty of this offense, while in actual 
10 physical control of a
motor vehicle, shall have an entry 
11 made in the court record by the
judge that this offense did 
12 occur while the person was in actual
physical control of a 
13 motor vehicle and order the clerk of the court to report

14 the violation to the Secretary of State as such. After the 
15 cancellation, the
Secretary of State shall not issue a new 
16 license or permit for a period of one
year after the date 
17 of cancellation. However, upon application, the Secretary

18 of State may, if satisfied that the person applying will 
19 not endanger the
public safety, or welfare, issue a 
20 restricted driving permit granting the
privilege of 
21 driving a motor vehicle between the petitioner's residence 
22 and
petitioner's place of employment or within the scope of 
23 the petitioner's employment
related duties, or to allow 
24 transportation for
the petitioner or a household member of 
25 the petitioner's family for the receipt of
necessary 
26 medical care, or provide transportation for the petitioner 
 
 
09800SB0924sam001- 41 -LRB098 05192 MLW 42432 a


1 to and from alcohol or drug remedial or
rehabilitative 
2 activity recommended by a licensed service provider, or for 
3 the petitioner to attend classes, as a student,
in an 
4 accredited educational institution. The petitioner must

5 demonstrate that no alternative means of transportation is 
6 reasonably
available; provided that the Secretary's 
7 discretion shall be limited to
cases where undue hardship, 
8 as defined by the rules of the Secretary of State, would 
9 result from a failure to issue such
restricted driving 
10 permit. In each case the Secretary of State may issue
such 
11 restricted driving permit for such period as he deems 
12 appropriate,
except that such permit shall expire within 
13 one year from the date of
issuance. A restricted driving 
14 permit issued hereunder shall be subject to
cancellation, 
15 revocation and suspension by the Secretary of State in like

16 manner and for like cause as a driver's license issued 
17 hereunder may be
cancelled, revoked or suspended; except 
18 that a conviction upon one or more
offenses against laws or 
19 ordinances regulating the movement of traffic
shall be 
20 deemed sufficient cause for the revocation, suspension or

21 cancellation of a restricted driving permit. The Secretary 
22 of State may,
as a condition to the issuance of a 
23 restricted driving permit, require the
applicant to 
24 participate in a driver remedial or rehabilitative

25 program. In accordance with 49 C.F.R. 384, the Secretary of 
26 State may not issue a restricted driving permit for the 
 
 
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1 operation of a commercial motor vehicle to a person holding 
2 a CDL whose driving privileges have been revoked, 
3 suspended, cancelled, or disqualified under this Code; or


4  8. failed to submit a report as required by Section 
5 6-116.5 of this
Code; or

6  9. has been convicted of a sex offense as defined in 
7 the Sex Offender Registration Act. The driver's license 
8 shall remain cancelled until the driver registers as a sex 
9 offender as required by the Sex Offender Registration Act, 
10 proof of the registration is furnished to the Secretary of 
11 State and the sex offender provides proof of current 
12 address to the Secretary; or

13  10. is ineligible for a license or permit under Section 
14 6-107, 6-107.1, or
6-108 of this Code; or

15  11. refused or neglected to appear at a Driver Services 
16 facility to have the license or permit corrected and a new 
17 license or permit issued or to present documentation for 
18 verification of identity; or

19  12. failed to submit a medical examiner's certificate 
20 or medical variance as required by 49 C.F.R. 383.71 or 
21 submitted a fraudulent medical examiner's certificate or 
22 medical variance; or 
23  13. has had his or her medical examiner's certificate, 
24 medical variance, or both removed or rescinded by the 
25 Federal Motor Carrier Safety Administration; or 
26  14. failed to self-certify as to the type of driving in 
 
 
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1 which the CDL driver engages or expects to engage. 
2 (b) Upon such cancellation the licensee or permittee must 
3surrender the
license or permit so cancelled to the Secretary 
4of State. 

5 (c) Except as provided in Section Sections 6-206.1 and 
67-702.1,
the Secretary of State
shall have exclusive authority 
7to grant, issue, deny, cancel, suspend and
revoke driving 
8privileges, drivers' licenses and restricted driving permits.

9 (d) The Secretary of State may adopt rules to implement 
10this Section.

11(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; 
1297-813, eff. 7-13-12; 97-835, eff. 7-20-12.)




13 (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)



14 Sec. 6-203.1. 
(a) The Secretary of State is authorized to 
15suspend, for the period set forth in Section 6-208.1, the

16driving privileges of persons arrested in another state for 
17driving under
the influence of alcohol, other drug or drugs, or 
18intoxicating compound or
compounds, or any combination 
19thereof, or a similar
provision, and who has refused to submit 
20to a chemical test or tests under
the provisions of implied 
21consent.

22 (b) When a driving privilege has been suspended for a 
23refusal as
provided in paragraph (a) and the person is 
24subsequently convicted of the
underlying charge, for the same 
25incident, any period served on suspension
shall be credited 
 
 
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1toward the minimum period of revocation of driving
privileges 
2imposed pursuant to Section 6-206.

3 (c) A person whose license is suspended under this Section 
4for refusal to submit to a chemical test or tests under the 
5provisions of implied consent of this Code, is subject to the 
6provisions of subsections (a-5) and (b) of Section 6-208.1 of 
7this Code. 
8(Source: P.A. 96-607, eff. 8-24-09.)





9 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)


10 Sec. 6-204. When Court to forward License and Reports. 

11 (a) For the purpose of providing to the Secretary of State 
12the records
essential to the performance of the Secretary's 
13duties under this Code to
cancel, revoke or suspend the 
14driver's license and privilege to drive motor
vehicles of 
15certain minors adjudicated truant minors in need of 
16supervision,
addicted, or delinquent and of persons
found 
17guilty of the criminal offenses or traffic violations
which 
18this Code recognizes as evidence relating to unfitness to 
19safely operate
motor vehicles, the following duties are imposed 
20upon public officials:


21  (1) Whenever any person is convicted of any offense for 
22 which
this
Code makes mandatory the cancellation or 
23 revocation of the driver's
license or permit of such person 
24 by the Secretary of State, the judge of the
court in which 
25 such conviction is had shall require the surrender to the 
 
 
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1 clerk
of the court of all driver's licenses or permits then 
2 held by the person so
convicted, and the clerk of the court 
3 shall, within 5 days thereafter, forward
the same, together 
4 with a report of such conviction, to the Secretary.


5  (2) Whenever any person is convicted of any offense 
6 under this
Code or
similar offenses under a municipal 
7 ordinance, other than regulations
governing standing, 
8 parking or weights of vehicles, and excepting the
following 
9 enumerated Sections of this Code: Sections 11-1406 
10 (obstruction
to driver's view or control), 11-1407 
11 (improper opening of door into
traffic), 11-1410 (coasting 
12 on downgrade), 11-1411 (following fire
apparatus), 
13 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving

14 vehicle which is in unsafe condition or improperly 
15 equipped), 12-201(a)
(daytime lights on motorcycles), 
16 12-202 (clearance, identification and
side marker lamps), 
17 12-204 (lamp or flag on projecting load), 12-205
(failure 
18 to display the safety lights required), 12-401 
19 (restrictions as
to tire equipment), 12-502 (mirrors), 
20 12-503 (windshields must be
unobstructed and equipped with 
21 wipers), 12-601 (horns and warning
devices), 12-602 
22 (mufflers, prevention of noise or smoke), 12-603 (seat

23 safety belts), 12-702 (certain vehicles to carry flares or 
24 other warning
devices), 12-703 (vehicles for oiling roads 
25 operated on highways),
12-710 (splash guards and 
26 replacements), 13-101 (safety tests), 15-101
(size, weight 
 
 
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1 and load), 15-102 (width), 15-103 (height), 15-104 (name

2 and address on second division vehicles), 15-107 (length of 
3 vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), 
4 15-112 (weights), 15-301
(weights), 15-316 (weights), 
5 15-318 (weights), and also excepting the following

6 enumerated Sections of the Chicago Municipal Code: 
7 Sections 27-245 (following
fire apparatus), 27-254 
8 (obstruction of traffic), 27-258 (driving vehicle which
is 
9 in unsafe condition), 27-259 (coasting on downgrade), 
10 27-264 (use of horns
and signal devices), 27-265 
11 (obstruction to driver's view or driver mechanism),
27-267 
12 (dimming of headlights), 27-268 (unattended motor 
13 vehicle), 27-272
(illegal funeral procession), 27-273 
14 (funeral procession on boulevard), 27-275
(driving freight 
15 hauling vehicles on boulevard), 27-276 (stopping and 
16 standing
of buses or taxicabs), 27-277 (cruising of public 
17 passenger vehicles), 27-305
(parallel parking), 27-306 
18 (diagonal parking), 27-307 (parking not to obstruct

19 traffic), 27-308 (stopping, standing or parking 
20 regulated), 27-311 (parking
regulations), 27-312 (parking 
21 regulations), 27-313 (parking regulations),
27-314 
22 (parking regulations), 27-315 (parking regulations), 
23 27-316 (parking
regulations), 27-317 (parking 
24 regulations), 27-318 (parking regulations),
27-319 
25 (parking regulations), 27-320 (parking regulations), 
26 27-321 (parking
regulations), 27-322 (parking 
 
 
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1 regulations), 27-324 (loading and
unloading at an angle), 
2 27-333 (wheel and axle loads), 27-334 (load
restrictions in 
3 the downtown district), 27-335 (load restrictions in

4 residential areas), 27-338 (width of vehicles), 27-339 
5 (height of
vehicles), 27-340 (length of vehicles), 27-352 
6 (reflectors on trailers),
27-353 (mufflers), 27-354 
7 (display of plates), 27-355 (display of city
vehicle tax 
8 sticker), 27-357 (identification of vehicles), 27-358

9 (projecting of loads), and also excepting the following 
10 enumerated
paragraphs of Section 2-201 of the Rules and 
11 Regulations of the Illinois
State Toll Highway Authority: 
12 (l) (driving unsafe vehicle on tollway),
(m) (vehicles 
13 transporting dangerous cargo not properly indicated), it

14 shall be the duty of the clerk of the court in which such 
15 conviction is
had within 5 days thereafter to forward to 
16 the Secretary of State a report of
the conviction and the 
17 court may recommend the suspension of the driver's
license 
18 or permit of the person so convicted.

19 The reporting requirements of this subsection shall apply 
20to all
violations stated in paragraphs (1) and (2) of this

21subsection when the
individual has been adjudicated under the 
22Juvenile Court Act or the
Juvenile Court Act of 1987. Such 
23reporting requirements shall also apply to
individuals 
24adjudicated under the Juvenile Court Act or the Juvenile Court 
25Act
of 1987 who have committed a violation of Section 11-501 of 
26this Code, or
similar provision of a local ordinance, or 
 
 
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1Section 9-3 of the Criminal Code
of 1961 or the Criminal Code 
2of 2012, relating to the offense of reckless homicide.
These 
3reporting requirements also apply to individuals adjudicated 
4under the Juvenile Court Act of 1987 based on any offense 
5determined to have been committed in furtherance of the 
6criminal activities of an organized gang, as provided in 
7Section 5-710 of that Act, and that involved the operation or 
8use of a motor vehicle or the use of a driver's license or 
9permit. The reporting requirements of this subsection shall 
10also apply to
a truant minor in need of supervision, an 
11addicted
minor, or a delinquent minor and whose driver's 
12license and privilege to
drive a motor vehicle has been ordered 
13suspended for such times as determined
by the Court, but only 
14until he or she attains
18 years of age. It shall be the duty of 
15the clerk of the court in which
adjudication is had within 5 
16days thereafter to forward to the Secretary of
State a report 
17of the adjudication and the court order requiring the Secretary

18of State to suspend the minor's driver's license and driving 
19privilege for such
time as determined by the Court, but only 
20until he or she attains the age of 18
years. All juvenile court 
21dispositions reported to the Secretary of State
under this 
22provision shall be processed by the Secretary of State as if 
23the
cases had been adjudicated in traffic or criminal court. 
24However, information
reported relative to the offense of 
25reckless homicide, or Section 11-501 of
this Code, or a similar 
26provision of a local ordinance, shall be privileged
and 
 
 
09800SB0924sam001- 49 -LRB098 05192 MLW 42432 a


1available only to the Secretary of State, courts, and police 
2officers.

3  The reporting requirements of this subsection (a) 
4 apply to all violations listed in paragraphs (1) and (2) of 
5 this subsection (a), excluding parking violations, when 
6 the driver holds a CDL, regardless of the type of vehicle 
7 in which the violation occurred, or when any driver 
8 committed the violation in a commercial motor vehicle as 
9 defined in Section 6-500 of this Code.


10  (3) Whenever an order is entered vacating the 
11 forfeiture of any
bail,
security or bond given to secure 
12 appearance for any offense under this
Code or similar 
13 offenses under municipal ordinance, it shall be the duty
of 
14 the clerk of the court in which such vacation was had or 
15 the judge of
such court if such court has no clerk, within 
16 5 days thereafter to
forward to the Secretary of State a 
17 report of the vacation.


18  (4) A report of any disposition of court supervision 
19 for a
violation of
Sections 6-303, 6-303.5, 11-401, 11-501 
20 or a similar provision of a local ordinance,
11-503, 
21 11-504, and 11-506 shall be forwarded to the Secretary of 
22 State.
A report of any disposition of court supervision for 
23 a violation of an offense
defined as a serious traffic 
24 violation in this Code or a similar provision of a
local 
25 ordinance committed by a person under the age of 21 years 
26 shall be
forwarded to the Secretary of State.


 
 
09800SB0924sam001- 50 -LRB098 05192 MLW 42432 a


1  (5) Reports of conviction
under this Code
and 
2 sentencing hearings under the
Juvenile Court
Act of 1987 in 
3 an electronic format
or a computer processible medium
shall

4 be
forwarded to the Secretary of State via the Supreme 
5 Court in the form and
format required by the Illinois 
6 Supreme Court and established by a written
agreement 
7 between the Supreme Court and the Secretary of State.
In 
8 counties with a population over 300,000, instead of 
9 forwarding reports to
the Supreme Court, reports of 
10 conviction
under this Code
and sentencing hearings under 
11 the
Juvenile Court Act of 1987 in an electronic format
or a 
12 computer processible medium
may
be forwarded to the 
13 Secretary of State by the Circuit Court Clerk in a form and

14 format required by the Secretary of State and established 
15 by written agreement
between the Circuit Court Clerk and 
16 the Secretary of State. Failure to
forward the reports of 
17 conviction or sentencing hearing under the Juvenile
Court 
18 Act of 1987 as required by this Section shall be
deemed an 
19 omission of duty and it shall be the duty of the several 
20 State's
Attorneys to enforce the requirements of this 
21 Section.

22 (b) Whenever a restricted driving permit is forwarded to a 
23court, as a
result of confiscation by a police officer pursuant 
24to the authority in
Section 6-113(f), it shall be the duty of 
25the clerk, or judge, if the court
has no clerk, to forward such 
26restricted driving permit and a facsimile of
the officer's 
 
 
09800SB0924sam001- 51 -LRB098 05192 MLW 42432 a


1citation to the Secretary of State as expeditiously as

2practicable.

3 (c) For the purposes of this Code, a forfeiture of bail or 
4collateral
deposited to secure a defendant's appearance in 
5court when forfeiture
has not been vacated, or the failure of a 
6defendant to appear for trial
after depositing his driver's 
7license in lieu of other bail, shall be
equivalent to a 
8conviction.

9 (d) For the purpose of providing the Secretary of State 
10with records
necessary to properly monitor and assess driver 
11performance and assist the
courts in the proper disposition of 
12repeat traffic law offenders, the clerk
of the court shall 
13forward to the Secretary of State,
on a form prescribed
by the 
14Secretary, records of a driver's participation in a driver 
15remedial
or rehabilitative program which was required, through 
16a court order or court
supervision, in relation to the driver's 
17arrest for a violation of Section
11-501 of this Code or a 
18similar provision of a local ordinance.
The clerk of the court 
19shall also forward to the Secretary, either on
paper or in an 
20electronic format or a computer processible medium as required

21under paragraph (5) of subsection (a) of this Section, any 
22disposition
of court supervision for any traffic violation,

23excluding those offenses listed in paragraph (2)
of subsection 
24(a) of this Section.
These reports
shall be sent within 5
days 
25after disposition, or, if
the driver is
referred to a driver

26remedial or rehabilitative program, within 5 days of the 
 
 
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1driver's referral
to that program.
These reports received by 
2the Secretary of State, including those required to
be 
3forwarded under paragraph (a)(4), shall be privileged 
4information, available
only (i) to the affected driver, (ii) to 
5the parent or guardian of a person under the age of 18 years 
6holding an instruction permit or a graduated driver's license, 
7and (iii) for use by the courts, police
officers, prosecuting 
8authorities, the Secretary of State, and the driver licensing 
9administrator of any other state. In accordance with 49 C.F.R. 
10Part 384, all reports of court supervision, except violations 
11related to parking, shall be forwarded to the Secretary of 
12State for all holders of a CDL or any driver who commits an 
13offense while driving a commercial motor vehicle. These reports 
14shall be recorded to the driver's record as a conviction for 
15use in the disqualification of the driver's commercial motor 
16vehicle privileges and shall not be privileged information.


17(Source: P.A. 97-1150, eff. 1-25-13.)




18 (625 ILCS 5/6-205)



19 Sec. 6-205. Mandatory revocation of license or permit; 
20Hardship cases. 

21 (a) Except as provided in this Section, the Secretary of 
22State shall
immediately revoke the license, permit, or driving 
23privileges of
any driver upon receiving a
report of the 
24driver's conviction of any of the following offenses:


25  1. Reckless homicide resulting from the operation of a 
 
 
09800SB0924sam001- 53 -LRB098 05192 MLW 42432 a


1 motor vehicle;


2  2. Violation of Section 11-501 of this Code or a 
3 similar provision of
a local ordinance relating to the 
4 offense of operating or being in physical
control of a 
5 vehicle while under the influence of alcohol, other drug or

6 drugs, intoxicating compound or compounds, or any 
7 combination thereof;


8  3. Any felony under the laws of any State or the 
9 federal government
in the commission of which a motor 
10 vehicle was used;


11  4. Violation of Section 11-401 of this Code relating to 
12 the offense of
leaving the scene of a traffic accident 
13 involving death or personal injury;


14  5. Perjury or the making of a false affidavit or 
15 statement under
oath to the Secretary of State under this 
16 Code or under any
other law relating to the ownership or 
17 operation of motor vehicles;


18  6. Conviction upon 3 charges of violation of Section 
19 11-503 of this
Code relating to the offense of reckless 
20 driving committed within a
period of 12 months;


21  7. Conviction of any offense
defined in
Section 4-102 
22 of this Code;


23  8. Violation of Section 11-504 of this Code relating to 
24 the offense
of drag racing;


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


26  10. Violation of Section 12-5 of the Criminal Code of 
 
 
09800SB0924sam001- 54 -LRB098 05192 MLW 42432 a


1 1961 or the Criminal Code of 2012 arising from
the use of a 
2 motor vehicle;


3  11. Violation of Section 11-204.1 of this Code relating 
4 to aggravated
fleeing or attempting to elude a peace 
5 officer;


6  12. Violation of paragraph (1) of subsection (b) of 
7 Section 6-507,
or a similar law of any other state, 
8 relating to the
unlawful operation of a commercial motor 
9 vehicle;


10  13. Violation of paragraph (a) of Section 11-502 of 
11 this Code or a
similar provision of a local ordinance if 
12 the driver has been previously
convicted of a violation of 
13 that Section or a similar provision of a local
ordinance 
14 and the driver was less than 21 years of age at the time of 
15 the
offense;


16  14. Violation of paragraph (a) of Section 11-506 of 
17 this Code or a similar provision of a local ordinance 
18 relating to the offense of street racing;

19  15. A second or subsequent conviction of driving while 
20 the person's driver's license, permit or privileges was 
21 revoked for reckless homicide or a similar out-of-state 
22 offense; 
23  16. Any offense against any provision in this Code, or 
24 any local ordinance, regulating the
movement of traffic 
25 when that offense was the proximate cause of the death of 
26 any person. Any person whose driving privileges have been 
 
 
09800SB0924sam001- 55 -LRB098 05192 MLW 42432 a


1 revoked pursuant to this paragraph may seek to have the 
2 revocation terminated or to have the length of revocation 
3 reduced by requesting an administrative hearing with the 
4 Secretary of State prior to the projected driver's license 
5 application eligibility date; 
6  17. Violation of subsection (a-2) of Section 11-1301.3 
7 of this Code or a similar provision of a local ordinance;
8  18. A second or subsequent conviction of illegal 
9 possession, while operating or in actual physical control, 
10 as a driver, of a motor vehicle, of any controlled 
11 substance prohibited under the Illinois Controlled 
12 Substances Act, any cannabis prohibited under the Cannabis 
13 Control Act, or any methamphetamine prohibited under the 
14 Methamphetamine Control and Community Protection Act. A 
15 defendant found guilty of this offense while operating a 
16 motor vehicle
shall have an entry made in the court record 
17 by the presiding judge that
this offense did occur while 
18 the defendant was operating a motor vehicle
and order the 
19 clerk of the court to report the violation to the Secretary

20 of State.
21 (b) The Secretary of State shall also immediately revoke 
22the license
or permit of any driver in the following 
23situations:


24  1. Of any minor upon receiving the notice provided for 
25 in Section
5-901 of the Juvenile Court Act of 1987 that the 
26 minor has been
adjudicated under that Act as having 
 
 
09800SB0924sam001- 56 -LRB098 05192 MLW 42432 a


1 committed an offense relating to
motor vehicles prescribed 
2 in Section 4-103 of this Code;


3  2. Of any person when any other law of this State 
4 requires either the
revocation or suspension of a license 
5 or permit;


6  3. Of any person adjudicated under the Juvenile Court 
7 Act of 1987 based on an offense determined to have been 
8 committed in furtherance of the criminal activities of an 
9 organized gang as provided in Section 5-710 of that Act, 
10 and that involved the operation or use of a motor vehicle 
11 or the use of a driver's license or permit. The revocation 
12 shall remain in effect for the period determined by the 
13 court. Upon the direction of the court, the Secretary shall 
14 issue the person a restricted judicial driving permit, also 
15 known as a JDP. The JDP shall be subject to the same terms 
16 as a JDP issued under Section 6-206.1, except that the 
17 court may direct that a JDP issued under this subdivision 
18 (b)(3) be effective immediately.

19 (c)(1) Whenever the license, permit, or driving privileges 
20of a person is convicted of revoked under any of the provisions 
21offenses enumerated in
this Section, except for those persons 
22revoked under paragraph (1) of subsection (a) of this Section 
23where alcohol, drugs, or both were recited as an element of the 
24offense or paragraph (2) of subsection (a) of this Section, the 
25court may recommend and the Secretary of State in his

26discretion, without regard to whether the recommendation is 
 
 
09800SB0924sam001- 57 -LRB098 05192 MLW 42432 a


1made by the
court may, upon application,
issue to the person a

2restricted driving permit granting the privilege of driving a 
3motor
vehicle between the petitioner's residence and 
4petitioner's place
of employment or within the scope of the 
5petitioner's employment related
duties, or to allow the 
6petitioner to transport himself or herself, or a family member, 
7or a member
of the petitioner's household to a medical facility 
8for the receipt of necessary medical care or to allow the

9petitioner to transport himself or herself to and from alcohol 
10or drug remedial or rehabilitative activity recommended by a 
11licensed service provider, or to allow the
petitioner to 
12transport himself or herself, or a family member, or a member 
13of the petitioner's household to classes, as a student, at an 
14accredited educational
institution, or to allow the petitioner 
15to transport children, elderly persons, or disabled persons who 
16do not hold driving privileges and are living in the 
17petitioner's household or who are members of the petitioner's 
18household to and from daycare; if the petitioner is able to 
19demonstrate that no alternative means
of transportation is 
20reasonably available and that the petitioner will not endanger

21the public safety or welfare; provided that the Secretary's 
22discretion shall be
limited to cases where undue hardship, as 
23defined by the rules of the Secretary of State, would result 
24from a failure to issue the
restricted driving permit. Those 
25multiple offenders identified in subdivision (b)4 of Section 
266-208 of this Code, however, shall not be eligible for the 
 
 
09800SB0924sam001- 58 -LRB098 05192 MLW 42432 a


1issuance of a restricted driving permit.

2  (2) If a person's license or permit is revoked under: 
3   (A) paragraph (1) of subsection (a) of this 
4 Section, where the use of alcohol or other drugs is 
5 recited as an element of the offense; or 
6   (B) paragraph (2) of subsection (a) of this 
7 Section; 
8  that person may make application for an ignition 
9 interlock permit under Section 6-206.5 of this Code. Those 
10 multiple offenders identified in subsection (b)(4) of 
11 Section 6-208 of this Code, however, shall not be eligible 
12 for the issuance of an ignition interlock permit.  
13 or 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:

25   (A) (blank); a person's license or permit is 
26 revoked or suspended 2 or more
times within a 10 year 
 
 
09800SB0924sam001- 59 -LRB098 05192 MLW 42432 a


1 period due to any combination of:
2    (i)
a single conviction of violating Section

3 11-501 of this Code or a similar provision of a 
4 local ordinance or a similar
out-of-state offense, 
5 or Section 9-3 of the Criminal Code of 1961 or the 
6 Criminal Code of 2012, where the use of alcohol or 
7 other drugs is recited as an element of the 
8 offense, or a similar out-of-state offense; or
9    (ii)
a statutory summary suspension or 
10 revocation under Section
11-501.1; or
11    (iii)
a suspension pursuant to Section 
12 6-203.1;

13  arising out of
separate occurrences; or
14   (B)
a person has been convicted of one violation of 
15 Section 6-303 or 6-303.5 of this Code committed while 
16 his or her driver's license, permit, or privilege was 
17 revoked because of a violation of Section 9-3 of the 
18 Criminal Code of 1961 or the Criminal Code of 2012, 
19 relating to the offense of reckless homicide where the 
20 use of alcohol or other drugs was recited as an element 
21 of the offense, or a similar provision of a law of 
22 another state;

23 that person may make application for an ignition interlock 
24 permit. , if issued a restricted
driving permit, may not 
25 operate a vehicle unless it has been equipped with an

26 ignition interlock device as defined in Section 1-129.1. 
 
 
09800SB0924sam001- 60 -LRB098 05192 MLW 42432 a


1  (4)
(Blank). The person issued a permit conditioned on 
2 the use of an ignition interlock device must pay to the 
3 Secretary of State DUI Administration Fund an amount
not to 
4 exceed $30 per month. The Secretary shall establish by rule 
5 the amount
and the procedures, terms, and conditions 
6 relating to these fees. 
7  (5)
(Blank). If the restricted driving permit is issued 
8 for employment purposes, then
the prohibition against 
9 operating a motor vehicle that is not equipped with an 
10 ignition interlock device does not apply to the operation 
11 of an occupational vehicle
owned or leased by that person's 
12 employer when used solely for employment purposes. 
13  (6)
In each case the Secretary of State may issue a

14 restricted driving permit or ignition interlock permit for 
15 a period he deems appropriate, except that the
permit shall 
16 expire within one year from the date of issuance. The 
17 Secretary
may not, however, issue a restricted driving 
18 permit to any person whose current
revocation is the result 
19 of a second or subsequent conviction for a violation
of 
20 Section 11-501 of this Code or a similar provision of a 
21 local ordinance
or any similar out-of-state offense, or 
22 Section 9-3 of the Criminal Code of 1961 or the Criminal 
23 Code of 2012, where the use of alcohol or other drugs is 
24 recited as an element of the offense, or any similar 
25 out-of-state offense, or any combination of these 
26 offenses, until the expiration of at least one year from 
 
 
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1 the date of the
revocation. A restricted
driving permit or 
2 ignition interlock permit issued under this Section shall 
3 be
subject to cancellation, revocation, and suspension by 
4 the Secretary of
State in like manner and for like cause as 
5 a driver's license issued
under this Code may be cancelled, 
6 revoked, or
suspended; except that a conviction upon one or 
7 more offenses against laws or
ordinances regulating the 
8 movement of traffic shall be deemed sufficient cause
for 
9 the revocation, suspension, or cancellation of a 
10 restricted driving permit or ignition interlock permit.

11 The Secretary of State may, as a condition to the issuance 
12 of a restricted
driving permit or ignition interlock 
13 permit, require the petitioner to participate in a 
14 designated driver
remedial or rehabilitative program. The 
15 Secretary of State is authorized to
cancel a restricted 
16 driving permit or ignition interlock permit if the permit 
17 holder does not successfully
complete the program. 
18 However, if an individual's driving privileges have been

19 revoked in accordance with paragraph 13 of subsection (a) 
20 of this Section, no
restricted driving permit shall be 
21 issued until the individual has served 6
months of the 
22 revocation period.

23 (c-5) (Blank).

24 (c-6) (Blank). If a person is convicted of a second 
25violation of operating a motor vehicle while the person's 
26driver's license, permit or privilege was revoked, where the 
 
 
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1revocation was for a violation of Section 9-3 of the Criminal 
2Code of 1961 or the Criminal Code of 2012 relating to the 
3offense of reckless homicide or a similar out-of-state offense, 
4the person's driving privileges shall be revoked pursuant to 
5subdivision (a)(15) of this Section. The person may not make 
6application for a license or permit until the expiration of 
7five years from the effective date of the revocation or the 
8expiration of five years from the date of release from a term 
9of imprisonment, whichever is later. 
10 (c-7) (Blank). If a person is convicted of a third or 
11subsequent violation of operating a motor vehicle while the 
12person's driver's license, permit or privilege was revoked, 
13where the revocation was for a violation of Section 9-3 of the 
14Criminal Code of 1961 or the Criminal Code of 2012 relating to 
15the offense of reckless homicide or a similar out-of-state 
16offense, the person may never apply for a license or permit. 
17 (d)(1) (Blank). Whenever a person under the age of 21 is 
18convicted under Section
11-501 of this Code or a similar 
19provision of a local ordinance or a similar out-of-state 
20offense, the
Secretary of State shall revoke the driving 
21privileges of that person. One
year after the date of 
22revocation, and upon application, the Secretary of
State may, 
23if satisfied that the person applying will not endanger the

24public safety or welfare, issue a restricted driving permit 
25granting the
privilege of driving a motor vehicle only between 
26the hours of 5 a.m. and 9
p.m. or as otherwise provided by this 
 
 
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1Section for a period of one year.
After this one year period, 
2and upon reapplication for a license as
provided in Section 
36-106, upon payment of the appropriate reinstatement
fee 
4provided under paragraph (b) of Section 6-118, the Secretary of 
5State,
in his discretion, may
reinstate the petitioner's 
6driver's license and driving privileges, or extend the 
7restricted driving permit as many times as the
Secretary of 
8State deems appropriate, by additional periods of not more than

912 months each.

10  (2) (Blank). If a person's license or permit is revoked 
11 or suspended due to 2 or
more convictions of violating 
12 Section 11-501 of this Code or a similar
provision of a 
13 local ordinance or a similar out-of-state offense, or 
14 Section 9-3 of the Criminal Code of 1961 or the Criminal 
15 Code 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 a combination of these offenses, 
18 arising out
of separate occurrences, that person, if issued 
19 a restricted driving permit,
may not operate a vehicle 
20 unless it has been equipped with an ignition
interlock 
21 device as defined in Section 1-129.1.

22  (3) (Blank). If a person's license or permit is revoked 
23 or suspended 2 or more times
within a 10 year period due to 
24 any combination of:
25   (A) a single conviction of violating Section 
26 11-501
of this
Code or a similar provision of a local 
 
 
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1 ordinance or a similar out-of-state
offense, or 
2 Section 9-3 of the Criminal Code of 1961 or the 
3 Criminal Code of 2012, where the use of alcohol or 
4 other drugs is recited as an element of the offense, or 
5 a similar out-of-state offense; or
6   (B)
a statutory summary suspension or revocation 
7 under Section 11-501.1; or 
8   (C) a suspension pursuant to Section 6-203.1;
9 arising out of separate occurrences, that person, if issued 
10 a
restricted
driving permit, may not operate a vehicle 
11 unless it has been equipped with an
ignition interlock 
12 device as defined in Section 1-129.1.
13  (4)
(Blank). The person issued a permit conditioned 
14 upon the use of an interlock device must pay to the 
15 Secretary of State DUI Administration Fund an amount
not to 
16 exceed $30 per month. The Secretary shall establish by rule 
17 the amount
and the procedures, terms, and conditions 
18 relating to these fees.
19  (5)
(Blank). If the restricted driving permit is issued 
20 for employment purposes, then
the prohibition against 
21 driving a vehicle that is not equipped with an ignition 
22 interlock device does not apply to the operation of an 
23 occupational vehicle
owned or leased by that person's 
24 employer when used solely for employment purposes.
25  (6) (Blank). A
restricted driving permit issued under 
26 this Section shall be subject to
cancellation, revocation, 
 
 
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1 and suspension by the Secretary of State in like
manner and 
2 for like cause as a driver's license issued under this Code 
3 may be
cancelled, revoked, or suspended; except that a 
4 conviction upon one or more
offenses against laws or 
5 ordinances regulating the movement of traffic
shall be 
6 deemed sufficient cause for the revocation, suspension, or

7 cancellation of a restricted driving permit.


8 (d-5) (Blank). The revocation of the license, permit, or 
9driving privileges of a person convicted of a third or 
10subsequent violation of Section 6-303 of this Code committed 
11while his or her driver's license, permit, or privilege was 
12revoked because of a violation of Section 9-3 of the Criminal 
13Code of 1961 or the Criminal Code of 2012, relating to the 
14offense of reckless homicide, or a similar provision of a law 
15of another state, is permanent. The Secretary may not, at any 
16time, issue a license or permit to that person.

17 (e) This Section is subject to the provisions of the Driver 
18License
Compact.

19 (f) (Blank). Any revocation imposed upon any person under 
20subsections 2
and 3 of paragraph (b) that is in effect on 
21December 31, 1988 shall be
converted to a suspension for a like 
22period of time.

23 (g) The Secretary of State shall not issue a restricted 
24driving permit to
a person under the age of 16 years whose 
25driving privileges have been revoked
under any provisions of 
26this Code. The Secretary of State shall not issue an ignition 
 
 
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1interlock permit to a person under the age of 18 years whose 
2driving privileges have been suspended or revoked under the 
3provisions of this Code. 

4 (h) (Blank). The Secretary of State shall require the use 
5of ignition interlock
devices on all vehicles owned by a person 
6who has been convicted of a
second or subsequent offense under 
7Section 11-501 of this Code or a similar
provision of a local 
8ordinance. The person must pay to the Secretary of State DUI 
9Administration Fund an amount not to exceed $30 for each month 
10that he or she uses the device. The Secretary shall establish 
11by rule and
regulation the procedures for certification and use 
12of the interlock
system, the amount of the fee, and the 
13procedures, terms, and conditions relating to these fees.

14 (i) (Blank).

15 (j) In accordance with 49 C.F.R. 384, the Secretary of 
16State may not issue a restricted driving permit or ignition 
17interlock permit for the operation of a commercial motor 
18vehicle to a person holding a CDL whose driving privileges have 
19been revoked, suspended, cancelled, or disqualified under any 
20provisions of this Code.

21(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; 
2296-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. 
237-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. 
241-1-13; 97-1150, eff. 1-25-13.)



25 (625 ILCS 5/6-206)



 
 
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1 Sec. 6-206. Discretionary authority to suspend or revoke 
2license or
permit; Right to a hearing.

3 (a) The Secretary of State is authorized to suspend or 
4revoke the
driving privileges of any person without preliminary 
5hearing upon a showing
of the person's records or other 
6sufficient 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, or ignition 
7 interlock permit issued under this 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 Act, or Section 14, 14A, or 14B 
18 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 in which case, the 
22 suspension
shall be for one year;


23  16. Has been convicted of violating Section 11-204 of 
24 this Code relating
to fleeing from a peace officer;


25  17. Has refused to submit to a test, or tests, as 
26 required under Section
11-501.1 of this Code and the person 
 
 
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1 has not sought a hearing as
provided for in Section 
2 11-501.1;


3  18. Has, since issuance of a driver's license or 
4 permit, been adjudged
to be afflicted with or suffering 
5 from any mental disability or disease;


6  19. Has committed a violation of paragraph (a) or (b) 
7 of Section 6-101
relating to driving without a driver's 
8 license;


9  20. Has been convicted of violating Section 6-104 
10 relating to
classification of driver's license;


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

12 this Code relating to leaving the scene of an accident 
13 resulting in damage
to a vehicle in excess of $1,000, in 
14 which case the suspension shall be
for one year;


15  22. Has used a motor vehicle in violating paragraph 
16 (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
17 the Criminal Code of 1961 or the Criminal Code of 2012 
18 relating
to unlawful use of weapons, in which case the 
19 suspension shall be for one
year;


20  23. Has, as a driver, been convicted of committing a 
21 violation of
paragraph (a) of Section 11-502 of this Code 
22 for a second or subsequent
time within one year of a 
23 similar violation;


24  24. Has been convicted by a court-martial or punished 
25 by non-judicial
punishment by military authorities of the 
26 United States at a military
installation in Illinois of or 
 
 
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1 for a traffic related offense that is the
same as or 
2 similar to an offense specified under Section 6-205 or 
3 6-206 of
this Code;


4  25. Has permitted any form of identification to be used 
5 by another in
the application process in order to obtain or 
6 attempt to obtain a license,
identification card, or 
7 permit;


8  26. Has altered or attempted to alter a license or has 
9 possessed an
altered license, identification card, or 
10 permit;


11  27. Has violated Section 6-16 of the Liquor Control Act 
12 of 1934;


13  28. Has been convicted for a first time of the illegal 
14 possession, while operating or
in actual physical control, 
15 as a driver, of a motor vehicle, of any
controlled 
16 substance prohibited under the Illinois Controlled 
17 Substances
Act, any cannabis prohibited under the Cannabis 
18 Control
Act, or any methamphetamine prohibited under the 
19 Methamphetamine Control and Community Protection Act, or 
20 any substance prohibited by the Use of Intoxicating 
21 Compounds Act, in which case the person's driving 
22 privileges shall be suspended for
one year.
For purposes of 
23 this Section, any person placed on probation under Section 
24 10 of the Cannabis Control Act, Section 410 of the Illinois 
25 Controlled Substances Act, or Section 70 of the 
26 Methamphetamine Control and Community Protection Act shall 
 
 
09800SB0924sam001- 72 -LRB098 05192 MLW 42432 a


1 not be considered to have a conviction under those Acts. 
2 Any defendant found guilty of this offense while operating 
3 a motor vehicle,
shall have an entry made in the court 
4 record by the presiding judge that
this offense did occur 
5 while the defendant was operating a motor vehicle
and order 
6 the clerk of the court to report the violation to the 
7 Secretary
of State;


8  29. Has been convicted of the following offenses that 
9 were committed
while the person was operating or in actual 
10 physical control, as a driver,
of a motor vehicle: criminal 
11 sexual assault,
predatory criminal sexual assault of a 
12 child,
aggravated criminal sexual
assault, criminal sexual 
13 abuse, aggravated criminal sexual abuse, juvenile
pimping, 
14 soliciting for a juvenile prostitute, promoting juvenile 
15 prostitution as described in subdivision (a)(1), (a)(2), 
16 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 
17 or the Criminal Code of 2012, and the manufacture, sale or

18 delivery of controlled substances or instruments used for 
19 illegal drug use
or abuse in which case the driver's 
20 driving privileges shall be suspended
for one year;


21  30. Has been convicted a second or subsequent time for 
22 any
combination of the offenses named in paragraph 29 of 
23 this subsection,
in which case the person's driving 
24 privileges shall be suspended for 5
years;


25  31. Has refused to submit to a test as
required by 
26 Section 11-501.6 or has submitted to a test resulting in
an 
 
 
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1 alcohol concentration of 0.08 or more or any amount of a 
2 drug, substance, or
compound resulting from the unlawful 
3 use or consumption of cannabis as listed
in the Cannabis 
4 Control Act, a controlled substance as listed in the 
5 Illinois
Controlled Substances Act, an intoxicating 
6 compound as listed in the Use of
Intoxicating Compounds 
7 Act, or methamphetamine as listed in the Methamphetamine 
8 Control and Community Protection Act, in which case the 
9 penalty shall be
as prescribed in Section 6-208.1;


10  32. Has been convicted of Section 24-1.2 of the 
11 Criminal Code of
1961 or the Criminal Code of 2012 relating 
12 to the aggravated discharge of a firearm if the offender 
13 was
located in a motor vehicle at the time the firearm was 
14 discharged, in which
case the suspension shall be for 3 
15 years;


16  33. Has as a driver, who was less than 21 years of age 
17 on the date of
the offense, been convicted a first time of 
18 a violation of paragraph (a) of
Section 11-502 of this Code 
19 or a similar provision of a local ordinance;


20  34. Has committed a violation of Section 11-1301.5 of 
21 this Code or a similar provision of a local ordinance;


22  35. Has committed a violation of Section 11-1301.6 of 
23 this Code or a similar provision of a local ordinance;


24  36. Is under the age of 21 years at the time of arrest 
25 and has been
convicted of not less than 2 offenses against 
26 traffic regulations governing
the movement of vehicles 
 
 
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1 committed within any 24 month period. No revocation
or 
2 suspension shall be entered more than 6 months after the 
3 date of last
conviction;


4  37. Has committed a violation of subsection (c) of 
5 Section 11-907 of this
Code that resulted in damage to the 
6 property of another or the death or injury of another;


7  38. Has been convicted of a violation of Section 6-20 
8 of the Liquor
Control Act of 1934 or a similar provision of 
9 a local ordinance;


10  39. Has committed a second or subsequent violation of 
11 Section
11-1201 of this Code;

12  40. Has committed a violation of subsection (a-1) of 
13 Section 11-908 of
this Code;
14  41. Has committed a second or subsequent violation of 
15 Section 11-605.1 of this Code, a similar provision of a 
16 local ordinance, or a similar violation in any other state 
17 within 2 years of the date of the previous violation, in 
18 which case the suspension shall be for 90 days;
19  42. Has committed a violation of subsection (a-1) of 
20 Section 11-1301.3 of this Code or a similar provision of a 
21 local ordinance;

22  43. Has received a disposition of court supervision for 
23 a violation of subsection (a), (d), or (e) of Section 6-20 
24 of the Liquor
Control Act of 1934 or a similar provision of 
25 a local ordinance, in which case the suspension shall be 
26 for a period of 3 months;

 
 
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1  44.
Is under the age of 21 years at the time of arrest 
2 and has been convicted of an offense against traffic 
3 regulations governing the movement of vehicles after 
4 having previously had his or her driving privileges

5 suspended or revoked pursuant to subparagraph 36 of this 
6 Section;
7  45.
Has, in connection with or during the course of a 
8 formal hearing conducted under Section 2-118 of this Code: 
9 (i) committed perjury; (ii) submitted fraudulent or 
10 falsified documents; (iii) submitted documents that have 
11 been materially altered; or (iv) submitted, as his or her 
12 own, documents that were in fact prepared or composed for 
13 another person; or
14  46. Has committed a violation of subsection (j) of 
15 Section 3-413 of this Code.
16 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
17and 27 of this
subsection, license means any driver's license, 
18any traffic ticket issued when
the person's driver's license is 
19deposited in lieu of bail, a suspension
notice issued by the 
20Secretary of State, a duplicate or corrected driver's
license, 
21a probationary driver's license or a temporary driver's 
22license.

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

24revocation authorized under this Section is appealed, the

25Secretary of State may rescind or withhold the entry of the 
26order of suspension
or revocation, as the case may be, provided 
 
 
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1that a certified copy of a stay
order of a court is filed with 
2the Secretary of State. If the conviction is
affirmed on 
3appeal, the date of the conviction shall relate back to the 
4time
the original judgment of conviction was entered and the 6 
5month limitation
prescribed shall not apply.


6 (c) 1. Upon suspending or revoking the driver's license or 
7permit of
any person as authorized in this Section, the 
8Secretary of State shall
immediately notify the person in 
9writing of the revocation or suspension.
The notice to be 
10deposited in the United States mail, postage prepaid,
to the 
11last known address of the person.


12  2. If the Secretary of State suspends the driver's 
13 license
of a person under subsection 2 of paragraph (a) of 
14 this Section, a
person's privilege to operate a vehicle as 
15 an occupation shall not be
suspended, provided an affidavit 
16 is properly completed, the appropriate fee
received, and a 
17 permit issued prior to the effective date of the

18 suspension, unless 5 offenses were committed, at least 2 of 
19 which occurred
while operating a commercial vehicle in 
20 connection with the driver's
regular occupation. All other 
21 driving privileges shall be suspended by the
Secretary of 
22 State. Any driver prior to operating a vehicle for

23 occupational purposes only must submit the affidavit on 
24 forms to be
provided by the Secretary of State setting 
25 forth the facts of the person's
occupation. The affidavit 
26 shall also state the number of offenses
committed while 
 
 
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1 operating a vehicle in connection with the driver's regular

2 occupation. The affidavit shall be accompanied by the 
3 driver's license.
Upon receipt of a properly completed 
4 affidavit, the Secretary of State
shall issue the driver a 
5 permit to operate a vehicle in connection with the
driver's 
6 regular occupation only. Unless the permit is issued by the

7 Secretary of State prior to the date of suspension, the 
8 privilege to drive
any motor vehicle shall be suspended as 
9 set forth in the notice that was
mailed under this Section. 
10 If an affidavit is received subsequent to the
effective 
11 date of this suspension, a permit may be issued for the 
12 remainder
of the suspension period.


13  The provisions of this subparagraph shall not apply to 
14 any driver
required to possess a CDL for the purpose of 
15 operating a commercial motor vehicle.


16  Any person who falsely states any fact in the affidavit 
17 required
herein shall be guilty of perjury under Section 
18 6-302 and upon conviction
thereof shall have all driving 
19 privileges revoked without further rights.


20  3. At the conclusion of a hearing under Section 2-118 
21 of this Code,
the Secretary of State shall either rescind 
22 or continue an order of
revocation or shall substitute an 
23 order of suspension; or, good
cause appearing therefor, 
24 rescind, continue, change, or extend the
order of 
25 suspension. If the Secretary of State does not rescind the 
26 order,
the Secretary may upon application,
unless the 
 
 
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1 person is suspended or revoked under paragraph (1) of 
2 subsection (a) of this Section where the use of alcohol or 
3 drugs is recited as an element of the offense; paragraph 
4 (6) of subsection (a) of this Section where the violation 
5 is for the offense of driving under the influence of 
6 alcohol or drugs or failure to submit to chemical testing; 
7 or paragraph (17) of subsection (a) of this Section, to 
8 relieve undue hardship (as defined by the rules of the 
9 Secretary of State), issue
a restricted driving permit 
10 granting the privilege of driving a motor
vehicle between 
11 the petitioner's residence and petitioner's place of

12 employment or within the scope of the petitioner's 
13 employment related duties, or to
allow the petitioner to 
14 transport himself or herself, or a family member, or a 
15 member of the
petitioner's household to a medical facility, 
16 to receive necessary medical care, to allow the petitioner 
17 to transport himself or herself to and from alcohol or drug

18 remedial or rehabilitative activity recommended by a 
19 licensed service provider, or to allow the petitioner to 
20 transport himself or herself, or a family member, or a 
21 member of the petitioner's household to classes, as a 
22 student, at an accredited educational institution, or to 
23 allow the petitioner to transport children, elderly 
24 persons, or disabled persons who do not hold driving 
25 privileges and are living in the petitioner's household or 
26 who are members of the petitioner's family to and from 
 
 
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1 daycare. The
petitioner must demonstrate that no 
2 alternative means of
transportation is reasonably 
3 available and that the petitioner will not endanger
the 
4 public safety or welfare. Those multiple offenders 
5 identified in subdivision (b)4 of Section 6-208 of this 
6 Code, however, shall not be eligible for the issuance of a 
7 ignition interlock permit restricted driving permit.

8 
  (A) If a person's license or permit is revoked or 
9 suspended under: 
10    (i) paragraph (1) of subsection (a) of this 
11 Section where the use of alcohol or other drugs is 
12 recited as an element of the offense; or 
13    (ii) paragraph (6) of subsection (a) of this 
14 Section where the violation is for an out-of-state 
15 offense of driving while intoxicated or driving 
16 while impaired or any cause of action the same or 
17 substantially similar to Section 11-501 of this 
18 Code; or the violation is for reckless homicide 
19 where alcohol or other drugs were recited as an 
20 element of the offense, or any out-of-state 
21 offense where the cause of action is the same or 
22 substantially similar to Section 9-3 of the 
23 Criminal Code of 1961 or the Criminal Code of 2012; 
24 or for refusal to submit to chemical testing in 
25 another state; or 
26    (iii) paragraph (17) of subsection (a) of this 
 
 
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1 Section, 
2   that person may make application for an ignition 
3 interlock permit under Section 6-206.5 of this Code. 
4 due to 2
or more convictions of violating Section 11-501 of 
5 this Code or a similar
provision of a local ordinance 
6 or a similar out-of-state offense, or Section 9-3 of 
7 the Criminal Code of 1961 or the Criminal Code of 2012, 
8 where the use of alcohol or other drugs is recited as 
9 an element of the offense, or a similar out-of-state 
10 offense, or a combination of these offenses, arising 
11 out
of separate occurrences, that person, if issued a 
12 restricted driving permit,
may not operate a vehicle 
13 unless it has been equipped with an ignition
interlock 
14 device as defined in Section 1-129.1.


15   (B) (Blank). If a person's license or permit is 
16 revoked or suspended 2 or more
times within a 10 year 
17 period due to any combination of:
18    (i) a single conviction of violating Section

19 11-501 of this Code or a similar provision of a 
20 local ordinance or a similar
out-of-state offense 
21 or Section 9-3 of the Criminal Code of 1961 or the 
22 Criminal Code of 2012, where the use of alcohol or 
23 other drugs is recited as an element of the 
24 offense, or a similar out-of-state offense; or
25    (ii) a statutory summary suspension or 
26 revocation under Section
11-501.1; or
 
 
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1    (iii) a suspension under Section 6-203.1; 
2  arising out of
separate occurrences; that person, if 
3 issued a restricted driving permit, may
not operate a 
4 vehicle unless it has been
equipped with an ignition 
5 interlock device as defined in Section 1-129.1.
6   (C)
(Blank). The person issued a permit 
7 conditioned upon the use of an ignition interlock 
8 device must pay to the Secretary of State DUI 
9 Administration Fund an amount
not to exceed $30 per 
10 month. The Secretary shall establish by rule the amount

11 and the procedures, terms, and conditions relating to 
12 these fees.
13   (D) (Blank). If the
restricted driving permit is 
14 issued for employment purposes, then the prohibition 
15 against operating a motor vehicle that is not equipped 
16 with an ignition interlock device does not apply to the 
17 operation of an occupational vehicle owned or
leased by 
18 that person's employer when used solely for employment 
19 purposes.
20   (E) In each case the Secretary may issue a

21 restricted driving permit or ignition interlock permit 
22 for a period deemed appropriate, except that all

23 permits shall expire within one year from the date of 
24 issuance. The Secretary
may not, however, issue a 
25 restricted driving permit to any person whose current

26 revocation is the result of a second or subsequent 
 
 
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1 conviction for a violation
of Section 11-501 of this 
2 Code or a similar provision of a local ordinance
or any 
3 similar out-of-state offense, or Section 9-3 of the 
4 Criminal Code of 1961 or the Criminal Code of 2012, 
5 where the use of alcohol or other drugs is recited as 
6 an element of the offense, or any similar out-of-state 
7 offense, or any combination
of those offenses, until 
8 the expiration of at least one year from the date of

9 the revocation. A
restricted driving permit or 
10 ignition interlock permit issued under this Section 
11 shall be subject to
cancellation, revocation, and 
12 suspension by the Secretary of State in like
manner and 
13 for like cause as a driver's license issued under this 
14 Code may be
cancelled, revoked, or suspended; except 
15 that a conviction upon one or more
offenses against 
16 laws or ordinances regulating the movement of traffic

17 shall be deemed sufficient cause for the revocation, 
18 suspension, or
cancellation of a restricted driving 
19 permit or ignition interlock permit. The Secretary of 
20 State may, as
a condition to the issuance of a 
21 restricted driving permit or ignition interlock 
22 permit, require the
applicant to participate in a 
23 designated driver remedial or rehabilitative
program. 
24 The Secretary of State is authorized to cancel a 
25 restricted
driving permit or ignition interlock permit 
26 if the permit holder does not successfully complete the 
 
 
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1 program.

2 (c-3) In the case of a suspension under paragraph 43 of 
3subsection (a), reports received by the Secretary of State 
4under this Section shall, except during the actual time the 
5suspension is in effect, be privileged information and for use 
6only by the courts, police officers, prosecuting authorities, 
7the driver licensing administrator of any other state, the 
8Secretary of State, or the parent or legal guardian of a driver 
9under the age of 18. However, beginning January 1, 2008, if the 
10person is a CDL holder, the suspension shall also be made 
11available to the driver licensing administrator of any other 
12state, the U.S. Department of Transportation, and the affected 
13driver or motor
carrier or prospective motor carrier upon 
14request.

15 (c-4) In the case of a suspension under paragraph 43 of 
16subsection (a), the Secretary of State shall notify the person 
17by mail that his or her driving privileges and driver's license 
18will be suspended one month after the date of the mailing of 
19the notice.

20 (c-5) The Secretary of State may, as a condition of the 
21reissuance of a
driver's license or permit to an applicant 
22whose driver's license or permit has
been suspended before he 
23or she reached the age of 21 years pursuant to any of
the 
24provisions of this Section, require the applicant to 
25participate in a
driver remedial education course and be 
26retested under Section 6-109 of this
Code.

 
 
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1 (d) This Section is subject to the provisions of the 
2Drivers License
Compact.

3 (e) The Secretary of State shall not issue a restricted 
4driving permit to
a person under the age of 16 years whose 
5driving privileges have been suspended
or revoked under any 
6provisions of this Code. The Secretary of State shall not issue 
7an ignition interlock permit to a person under 18 years of age 
8whose driving privileges have been suspended or revoked under 
9this Code. 

10 (f) In accordance with 49 C.F.R. 384, the Secretary of 
11State may not issue a restricted driving permit or ignition 
12interlock permit for the operation of a commercial motor 
13vehicle to a person holding a CDL whose driving privileges have 
14been suspended, revoked, cancelled, or disqualified under any 
15provisions of this Code.
16(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; 
1796-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. 
187-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, 
19eff. 8-12-11; 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, 
20eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

21 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
22 Sec. 6-206.1. Monitoring Device Driving Permit. 
23Declaration of Policy. It is hereby declared a policy of the

24State of Illinois that the driver who is impaired by alcohol, 
25other drug or
drugs, or intoxicating compound or compounds is a

 
 
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1threat to the public safety and welfare. Therefore, to
provide 
2a deterrent to such practice, a statutory summary driver's 
3license suspension is appropriate.
It is also recognized that 
4driving is a privilege and therefore, that the granting of 
5driving privileges, in a manner consistent with public
safety, 
6is warranted during the period of suspension in the form of a 
7monitoring device driving permit. A person who drives and fails 
8to comply with the requirements of the monitoring device 
9driving permit commits a violation of Section 6-303 of this 
10Code. 
11 The following procedures shall apply whenever
a first 
12offender, as defined in Section 11-500 of this Code, is 
13arrested for any offense as defined in Section 11-501
or a 
14similar provision of a local ordinance and is subject to the 
15provisions of Section 11-501.1:
16 (a) Upon mailing of the notice of suspension of driving 
17privileges as provided in subsection (h) of Section 11-501.1 of 
18this Code, the Secretary shall also send written notice 
19informing the person that he or she will be issued a monitoring 
20device driving permit (MDDP). The notice shall include, at 
21minimum, information summarizing the procedure to be followed 
22for issuance of the MDDP, installation of the breath alcohol 
23ignition installation device (BAIID), as provided in this 
24Section, exemption from BAIID installation requirements, and 
25procedures to be followed by those seeking indigent status, as 
26provided in this Section. The notice shall also include 
 
 
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1information summarizing the procedure to be followed if the 
2person wishes to decline issuance of the MDDP. A copy of the 
3notice shall also be sent to the court of venue together with 
4the notice of suspension of driving privileges, as provided in 
5subsection (h) of Section 11-501. However, a MDDP shall not be 
6issued if the Secretary finds that:

7  (1) The offender's driver's license is otherwise 
8 invalid;
9  (2) Death or great bodily harm resulted from the arrest 
10 for Section 11-501;
11  (3) The offender has been previously convicted of 
12 reckless homicide or aggravated driving under the 
13 influence involving death; or
14  (4) The offender is less than 18 years of age.
15 Any offender participating in the MDDP program must pay the 
16Secretary a MDDP Administration Fee in an amount not to exceed 
17$30 per month, to be deposited into the Secretary of State DUI 
18Administration Fund Monitoring Device Driving Permit 
19Administration Fee Fund. The Secretary shall establish by rule 
20the amount and the procedures, terms, and conditions relating 
21to these fees. The offender must have an ignition interlock 
22device installed within 14 days of the date the Secretary 
23issues the MDDP. The ignition interlock device provider must 
24notify the Secretary, in a manner and form prescribed by the 
25Secretary, of the installation. If the Secretary does not 
26receive notice of installation, the Secretary shall cancel the 
 
 
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1MDDP.

2 A MDDP shall not become effective prior to the 31st
day of 
3the original statutory summary suspension.
4 Upon receipt of the notice, as provided in paragraph (a) of 
5this Section, the person may file a petition to decline 
6issuance of the MDDP with the court of venue. The court shall 
7admonish the offender of all consequences of declining issuance 
8of the MDDP including, but not limited to, the enhanced 
9penalties for driving while suspended. After being so 
10admonished, the offender shall be permitted, in writing, to 
11execute a notice declining issuance of the MDDP. This notice 
12shall be filed with the court and forwarded by the clerk of the 
13court to the Secretary. The offender may, at any time 
14thereafter, apply to the Secretary for issuance of a MDDP. 
15 (a-1) A person issued a MDDP may drive for any purpose and 
16at any time, subject to the rules adopted by the Secretary 
17under subsection (g). The person must, at his or her own 
18expense, drive only vehicles equipped with an ignition 
19interlock device as defined in Section 1-129.1, but in no event 
20shall such person drive a commercial motor vehicle.
21 (a-2) Persons who are issued a MDDP and must drive 
22employer-owned vehicles in the course of their employment 
23duties may seek permission to drive an employer-owned vehicle 
24that does not have an ignition interlock device. The employer 
25shall provide to the Secretary a form, as prescribed by the 
26Secretary, completed by the employer verifying that the 
 
 
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1employee must drive an employer-owned vehicle in the course of 
2employment. If approved by the Secretary, the form must be in 
3the driver's possession while operating an employer-owner 
4vehicle not equipped with an ignition interlock device. No 
5person may use this exemption to drive a school bus, school 
6vehicle, or a vehicle designed to transport more than 15 
7passengers. No person may use this exemption to drive an 
8employer-owned motor vehicle that is owned by an entity that is 
9wholly or partially owned by the person holding the MDDP, or by 
10a family member of the person holding the MDDP. No person may 
11use this exemption to drive an employer-owned vehicle that is 
12made available to the employee for personal use. No person may 
13drive the exempted vehicle more than 12 hours per day, 6 days 
14per week.

15 (a-3) Persons who are issued a MDDP and who must drive a 
16farm tractor to and from a farm, within 50 air miles from the 
17originating farm are exempt from installation of a BAIID on the 
18farm tractor, so long as the farm tractor is being used for the 
19exclusive purpose of conducting farm operations. 
20 (b) (Blank).
21 (c) (Blank).

22 (c-1) If the holder of the MDDP is convicted of or receives 
23court supervision for a violation of Section 6-206.2, 6-303, 
2411-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar 
25provision of a local ordinance or a similar out-of-state 
26offense or is convicted of or receives court supervision for 
 
 
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1any offense for which alcohol or drugs is an element of the 
2offense and in which a motor vehicle was involved (for an 
3arrest other than the one for which the MDDP is issued), or 
4de-installs the BAIID without prior authorization from the 
5Secretary, the MDDP shall be cancelled.
6 (c-5) If the Secretary determines that the person seeking 
7the MDDP is indigent, the Secretary shall provide the person 
8with a written document as evidence of that determination, and 
9the person shall provide that written document to an ignition 
10interlock device provider. The provider shall install an 
11ignition interlock device on that person's vehicle without 
12charge to the person, and seek reimbursement from the Indigent 
13BAIID Fund.
If the Secretary has deemed an offender indigent, 
14the BAIID provider shall also provide the normal monthly 
15monitoring services and the de-installation without charge to 
16the offender and seek reimbursement from the Indigent BAIID 
17Fund. Any other monetary charges, such as a lockout fee or 
18reset fee, shall be the responsibility of the MDDP holder. A 
19BAIID provider may not seek a security deposit from the 
20Indigent BAIID Fund. 
21 (d) MDDP information
shall be available only to the courts, 
22police officers, and the Secretary, except during the actual 
23period the MDDP is valid, during which
time it shall be a 
24public record.
25 (e) (Blank).
26 (f) (Blank).
 
 
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1 (g) The Secretary shall adopt rules for implementing this 
2Section. The rules adopted shall address issues including, but 
3not limited to: compliance with the requirements of the MDDP; 
4methods for determining compliance with those requirements; 
5the consequences of noncompliance with those requirements; 
6what constitutes a violation of the MDDP; methods for 
7determining indigency; and the duties of a person or entity 
8that supplies the ignition interlock device.
9 (h) The rules adopted under subsection (g) shall provide, 
10at a minimum, that the person is not in compliance with the 
11requirements of the MDDP if he or she:
12  (1) tampers or attempts to tamper with or circumvent 
13 the proper operation of the ignition interlock device;
14  (2) provides valid breath samples that register blood 
15 alcohol levels in excess of the number of times allowed 
16 under the rules;
17  (3) fails to provide evidence sufficient to satisfy the 
18 Secretary that the ignition interlock device has been 
19 installed in the designated vehicle or vehicles; or
20  (4) fails to follow any other applicable rules adopted 
21 by the Secretary.
22 (i) Any person or entity that supplies an ignition 
23interlock device as provided under this Section shall, in 
24addition to supplying only those devices which fully comply 
25with all the rules adopted under subsection (g), provide the 
26Secretary, within 7 days of inspection, all monitoring reports 
 
 
09800SB0924sam001- 91 -LRB098 05192 MLW 42432 a


1of each person who has had an ignition interlock device 
2installed. These reports shall be furnished in a manner or form 
3as prescribed by the Secretary.
4 (j) Upon making a determination that a violation of the 
5requirements of the MDDP has occurred, the Secretary shall 
6extend the summary suspension period for an additional 3 months 
7beyond the originally imposed summary suspension period, 
8during which time the person shall only be allowed to drive 
9vehicles equipped with an ignition interlock device; provided 
10further there are no limitations on the total number of times 
11the summary suspension may be extended. The Secretary may, 
12however, limit the number of extensions imposed for violations 
13occurring during any one monitoring period, as set forth by 
14rule. Any person whose summary suspension is extended pursuant 
15to this Section shall have the right to contest the extension 
16through a hearing with the Secretary, pursuant to Section 2-118 
17of this Code. If the summary suspension has already terminated 
18prior to the Secretary receiving the monitoring report that 
19shows a violation, the Secretary shall be authorized to suspend 
20the person's driving privileges for 3 months, provided that the 
21Secretary may, by rule, limit the number of suspensions to be 
22entered pursuant to this paragraph for violations occurring 
23during any one monitoring period. Any person whose license is 
24suspended pursuant to this paragraph, after the summary 
25suspension had already terminated, shall have the right to 
26contest the suspension through a hearing with the Secretary, 
 
 
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1pursuant to Section 2-118 of this Code. The only permit the 
2person shall be eligible for during this new suspension period 
3is a MDDP.
4 (k) A person who has had his or her summary suspension 
5extended for the third time, or has any combination of 3 
6extensions and new suspensions, entered as a result of a 
7violation that occurred while holding the MDDP, so long as the 
8extensions and new suspensions relate to the same summary 
9suspension, shall have his or her vehicle impounded for a 
10period of 30 days, at the person's own expense. A person who 
11has his or her summary suspension extended for the fourth time, 
12or has any combination of 4 extensions and new suspensions, 
13entered as a result of a violation that occurred while holding 
14the MDDP, so long as the extensions and new suspensions relate 
15to the same summary suspension, shall have his or her vehicle 
16subject to seizure and forfeiture. The Secretary shall notify 
17the prosecuting authority of any third or fourth extensions or 
18new suspension entered as a result of a violation that occurred 
19while the person held a MDDP. Upon receipt of the notification, 
20the prosecuting authority shall impound or forfeit the vehicle. 
21The impoundment or forfeiture of a vehicle shall be conducted 
22pursuant to the procedure specified in Article 36 of the 
23Criminal Code of 2012.
24 (l) A person whose driving privileges have been suspended 
25under Section 11-501.1 of this Code and who had a MDDP that was 
26cancelled, or would have been cancelled had notification of a 
 
 
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1violation been received prior to expiration of the MDDP, 
2pursuant to subsection (c-1) of this Section, shall not be 
3eligible for reinstatement when the summary suspension is 
4scheduled to terminate. Instead, the person's driving 
5privileges shall be suspended for a period of not less than 
6twice the original summary suspension period, or for the length 
7of any extensions entered under subsection (j), whichever is 
8longer. During the period of suspension, the person shall be 
9eligible only to apply for a restricted driving permit. If a 
10restricted driving permit is granted, the offender may only 
11operate vehicles equipped with a BAIID in accordance with this 
12Section.
13 (m) Any person or entity that supplies an ignition 
14interlock device under this Section shall, for each ignition 
15interlock device installed, pay 5% of the total gross revenue 
16received for the device, including monthly monitoring fees, 
17into the Indigent BAIID Fund. This 5% shall be clearly 
18indicated as a separate surcharge on each invoice that is 
19issued. The Secretary shall conduct an annual review of the 
20fund to determine whether the surcharge is sufficient to 
21provide for indigent users. The Secretary may increase or 
22decrease this surcharge requirement as needed.
23 (n) Any person or entity that supplies an ignition 
24interlock device under this Section that is requested to 
25provide an ignition interlock device to a person who presents 
26written documentation of indigency from the Secretary, as 
 
 
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1provided in subsection (c-5) of this Section, shall install the 
2device on the person's vehicle without charge to the person and 
3shall seek reimbursement from the Indigent BAIID Fund.
4 (o) The Indigent BAIID Fund is created as a special fund in 
5the State treasury. The Secretary shall, subject to 
6appropriation by the General Assembly, use all money in the 
7Indigent BAIID Fund to reimburse ignition interlock device 
8providers who have installed devices in vehicles of indigent 
9persons. The Secretary shall make payments to such providers 
10every 3 months. If the amount of money in the fund at the time 
11payments are made is not sufficient to pay all requests for 
12reimbursement submitted during that 3 month period, the 
13Secretary shall make payments on a pro-rata basis, and those 
14payments shall be considered payment in full for the requests 
15submitted.
16 (p) The Monitoring Device Driving Permit Administration 
17Fee Fund is created as a special fund in the State treasury. 
18The Secretary shall, subject to appropriation by the General 
19Assembly, use the money paid into this fund to offset its 
20administrative costs for administering MDDPs.
On July 1, 2014, 
21upon certification of the Department of Revenue, the 
22Comptroller shall
order transferred and the Treasurer shall 
23transfer from the Monitoring Device Driving Permit 
24Administration Fee
Fund to the Secretary of State DUI 
25Administration Fund all moneys in the Monitoring Device Driving 
26Permit Administration Fee Fund. Notwithstanding any other 
 
 
09800SB0924sam001- 95 -LRB098 05192 MLW 42432 a


1provision of law to the contrary, beginning July 1, 2014 all 
2moneys required to be deposited in the Monitoring Device 
3Driving Permit Administration Fee Fund shall instead be 
4deposited in the Secretary of State DUI Administration Fund. 
5 (q) The Secretary is authorized to prescribe such forms as 
6it deems necessary to carry out the provisions of this Section. 
7 (r) This Section is repealed on January 1, 2015. 
8(Source: P.A. 96-184, eff. 8-10-09; 96-1526, eff. 2-14-11; 
997-229; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)



10 (625 ILCS 5/6-206.2)


11 Sec. 6-206.2. Violations relating to an ignition interlock 
12device. 

13 (a) (Blank). It is unlawful for any person whose driving 
14privilege is restricted
by being prohibited from operating a 
15motor vehicle not equipped with an
ignition interlock device to 
16operate a motor vehicle not equipped with an ignition interlock 
17device.
18 (a-5) It is unlawful for any person whose driving privilege 
19is restricted by being prohibited from operating a motor 
20vehicle not equipped with an ignition interlock device to

21request or solicit any other person to blow into
an ignition 
22interlock device or to start a motor vehicle equipped with the

23device for the purpose of providing the person so restricted 
24with an operable
motor vehicle.

25 (b) It is unlawful to blow into an ignition interlock 
 
 
09800SB0924sam001- 96 -LRB098 05192 MLW 42432 a


1device or to start
a motor vehicle equipped with the device for 
2the purpose of providing an
operable motor vehicle to a person 
3whose driving privilege is restricted
by being prohibited from 
4operating a motor vehicle not equipped with an
ignition 
5interlock device.

6 (c) It is unlawful to tamper with, or circumvent the 
7operation of, an
ignition interlock device.

8 (c-5) It is unlawful to sell, provide or possess any device 
9that is designed to circumvent an ignition interlock device. 
10 (d) Except as provided in subsection (c)(17) of Section 
115-6-3.1 of the
Unified Code of Corrections or by rule, no 
12person shall knowingly rent, lease,
or lend a motor vehicle to 
13a person known to have his or her driving privilege
restricted 
14by being prohibited from operating a vehicle not equipped with 
15an
ignition interlock device, unless the vehicle is equipped 
16with a functioning
ignition interlock device. Any person whose 
17driving privilege is so restricted
shall notify any person 
18intending to rent, lease, or loan a motor vehicle to
the 
19restricted person of the driving restriction imposed upon him 
20or her.

21 (d-5) A person convicted of a violation of subsection 
22(a-5), (b), (c), or (d) of this Section is guilty of a Class A 
23misdemeanor. A person convicted of a violation of subsection 
24(c) of this Section shall be sentenced to a minimum term of 30 
25days in jail. A person convicted of a violation of subsection 
26(c-5) of this Section is guilty of a Class 4 felony with a 
 
 
09800SB0924sam001- 97 -LRB098 05192 MLW 42432 a


1minimum of 30 days in jail. 
2 (e) (Blank).

3(Source: P.A. 95-27, eff. 1-1-08; 95-578, eff. 6-1-08; 95-876, 
4eff. 8-21-08.)

5 (625 ILCS 5/6-206.5 new)
6 Sec. 6-206.5. Ignition interlock permit. It is hereby 
7declared a policy of the State of Illinois that the driver who 
8is impaired by alcohol, other drug or drugs, or intoxicating 
9compound or compounds is a threat to the public safety and 
10welfare. Therefore, to provide a deterrent, a statutory summary 
11suspension, statutory summary revocation, or revocation of the 
12driver's license or privilege to obtain a driver's license is 
13appropriate. It is also recognized that driving is a privilege 
14and therefore, that the granting of driving privileges, in a 
15manner consistent with public safety and for the purpose of 
16encouraging offenders to engage in rehabilitative activity, is 
17warranted during the period of suspension or revocation in the 
18form of an ignition interlock permit (IIP). 
19 (a) Subject to subsection (b) of this Section, a person is 
20eligible for an ignition interlock permit if the person's 
21driver's license, permit or privilege is:
22  (1)subject to statutory summary suspension under 
23 Section 11-501.1 of this Code;
24  (2)subject to statutory summary revocation under 
25 Section 11-501.1 of this Code, after a period of one year 
 
 
09800SB0924sam001- 98 -LRB098 05192 MLW 42432 a


1 has elapsed since the effective date of the revocation;
2  (3) subject to suspension under subsection (a)(6) of 
3 Section 6-206 of this Code for refusal of chemical testing 
4 in another state;
5  (4) subject to revocation under subsection (a)(6) of 
6 Section 6-206 of this Code for conviction of a driving 
7 while under the influence, driving while intoxicated, 
8 driving while impaired or any offense where the cause of 
9 action is the same or substantially similar to Section 
10 11-501 of this Code or reckless homicide where alcohol or 
11 other drugs are recited as an element of the offense or any 
12 offense where the cause of action is the same or 
13 substantially similar to Section 9-3 of the Criminal Code 
14 of 1961 or Criminal Code of 2012;
15  (5) subject to revocation under subsection (a)(2) of 
16 Section 6-205 of this Code for a conviction of Section 
17 11-501 of this Code;
18  (6) subject to revocation under subsection (a)(1) of 
19 Section 6-205 of this Code for conviction of reckless 
20 homicide where drugs or alcohol were an element of the 
21 offense; or
22  (7) subject to revocation under subsection (a)(1) of 
23 Section 6-206 of this Code for committing an offense for 
24 which mandatory revocation of a driver's license or permit 
25 is required upon conviction, if alcohol or other drugs are 
26 recited as an element of the offense.
 
 
09800SB0924sam001- 99 -LRB098 05192 MLW 42432 a


1 (b) Where an offender's driver's license is invalid due to 
2the commission of an offense for which the Secretary has no 
3authority to issue a permit, that offender shall not be issued 
4an ignition interlock permit.
5 (c) No ignition interlock permit shall be issued to an 
6offender less than 18 years of age. 
7 (d) No ignition interlock permit shall become effective 
8prior to the 31st day of the suspension or revocation.
9 (e) Upon mailing of the notice of suspension or revocation 
10of driving privileges for any of the reasons set forth in 
11subsection (a) of this Section, the Secretary shall also send 
12written notice informing the person that he or she may be 
13eligible for an ignition interlock permit. The notice shall 
14include, at minimum, information summarizing the procedure to 
15be followed for issuance of the ignition interlock permit, 
16installation of the breath alcohol ignition interlock device 
17(BAIID), exemption from BAIID installation requirements, and 
18procedures to be followed by those seeking indigent status, as 
19provided in this Section. Upon receipt of the notice, the 
20person may submit an ignition interlock permit application to 
21the Secretary, in a manner and form prescribed by the 
22Secretary.
23 (f) A person issued an ignition interlock permit may drive 
24for any purpose and at any time, subject to the rules adopted 
25by the Secretary under subsection (k) of this Section. The 
26person must, at his or her own expense, drive only vehicles 
 
 
09800SB0924sam001- 100 -LRB098 05192 MLW 42432 a


1equipped with a BAIID, but in no event shall such person drive 
2a commercial motor vehicle.
3 (g) Persons who are issued an ignition interlock permit and 
4must drive employer-owned vehicles in the course of their 
5employment duties may seek permission to drive an 
6employer-owned vehicle that does not have a BAIID, subject to 
7rules promulgated by the Secretary. The employer shall provide 
8to the Secretary a form, as prescribed by the Secretary, 
9completed by the employer verifying that the employee must 
10drive an employer-owned vehicle in the course of employment. If 
11approved by the Secretary, the form must be in the driver's 
12possession while operating an employer-owner vehicle not 
13equipped with a BAIID. No person may use this exemption to 
14drive a school bus, school vehicle, or a vehicle designed to 
15transport more than 15 passengers. No person may use this 
16exemption to drive an employer-owned motor vehicle that is 
17owned by an entity that is wholly or partially owned by the 
18person holding the ignition interlock permit, or by a family 
19member of the person holding the ignition interlock permit. No 
20person may use this exemption to drive an employer-owned 
21vehicle that is made available to the employee for personal 
22use. No person may drive the exempted vehicle more than 12 
23hours per day, 6 days per week.
24 (h) A person participating in the ignition interlock permit 
25program must pay the Secretary an ignition interlock permit 
26administration fee in an amount not to exceed $30 per month, to 
 
 
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1be deposited into the Secretary of State DUI Administration 
2Fund. The Secretary shall establish by rule the amount and the 
3procedures, terms, and conditions relating to these fees. The 
4person receiving the ignition interlock permit must have a 
5BAIID installed within 14 days of the date the Secretary issues 
6the ignition interlock permit. The BAIID provider must notify 
7the Secretary, in a manner and form prescribed by the 
8Secretary, of the installation. If the Secretary does not 
9receive notice of installation, the Secretary shall cancel the 
10ignition interlock permit.
11 (i) Persons who are issued an ignition interlock permit and 
12who must drive a farm tractor to and from a farm, within 50 air 
13miles from the originating farm are exempt from installation of 
14a BAIID on the farm tractor, so long as the farm tractor is 
15being used for the exclusive purpose of conducting farm 
16operations.
17 (j) If the Secretary determines that the person seeking the 
18ignition interlock permit is indigent, the Secretary shall 
19provide the person with a written document as evidence of that 
20determination, and the person shall provide that written 
21document to an ignition interlock device provider. The provider 
22shall install an ignition interlock device on that person's 
23vehicle without charge to the person, and seek reimbursement 
24from the Indigent BAIID Fund. If the Secretary has deemed an 
25offender indigent, the BAIID provider shall also provide the 
26normal monthly monitoring services and the de-installation 
 
 
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1without charge to the offender and seek reimbursement from the 
2Indigent BAIID Fund. Any other monetary charges, such as a 
3lockout fee or reset fee, shall be the responsibility of the 
4ignition interlock permit holder. A BAIID provider may not seek 
5a security deposit from the Indigent BAIID Fund.
6 (k) The Secretary shall adopt rules for implementing this 
7Section. The rules adopted shall address issues including, but 
8not limited to: compliance with the requirements of the 
9ignition interlock permit; methods for determining compliance 
10with those requirements; the consequences of noncompliance 
11with those requirements; what constitutes a violation of the 
12ignition interlock permit; methods for determining indigency; 
13and the duties of a person or entity that supplies the BAIID. 
14 (l) The rules to be adopted under subsection (k) of this 
15Section shall provide, at a minimum, that the person is not in 
16compliance with the requirements of the ignition interlock 
17permit if he or she:
18  (1) tampers or attempts to tamper with or circumvent 
19 the proper operation of the BAIID or possesses any device 
20 designed to circumvent a BAIID;
21  (2) provides valid breath samples that register blood 
22 alcohol levels in excess of the number of times allowed 
23 under the rules;
24  (3) fails to provide evidence sufficient to satisfy the 
25 Secretary that the BAIID has been installed in the 
26 designated vehicle or vehicles; or
 
 
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1  (4) fails to follow any other applicable rules adopted 
2 by the Secretary.
3 (m) Any person or entity that supplies a BAIID as provided 
4under this Section shall, in addition to supplying only those 
5devices which fully comply with all the rules adopted by the 
6Secretary, provide the Secretary, within 7 days of inspection, 
7all monitoring reports of each person who has had a BAIID 
8installed. These reports shall be furnished in a manner or form 
9as prescribed by the Secretary.
10 (n) Upon making a determination that a violation of the 
11requirements of the ignition interlock permit has occurred, the 
12Secretary shall extend the suspension or revocation as provided 
13by administrative rule, during which time the person shall only 
14be allowed to drive vehicles equipped with a BAIID provided 
15further there are no limitations on the total number of 
16extensions . The Secretary may, however, limit the number of 
17extensions imposed for violations occurring during any one 
18monitoring period, as set forth by rule. Any person whose 
19suspension or revocation is extended under this Section shall 
20have the right to contest the extension through a hearing with 
21the Secretary, under Section 2-118 of this Code. If the 
22suspension or revocation has already terminated prior to the 
23Secretary receiving the monitoring report that shows a 
24violation, the Secretary shall be authorized to suspend or 
25revoke the person's driving privileges for 3 months, provided 
26that the Secretary may, by rule, limit the number of 
 
 
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1suspensions or revocations to be entered under this subsection 
2for violations occurring during any one monitoring period. Any 
3person whose license is suspended or revoked under this 
4subsection, after the summary suspension or revocation had 
5already terminated, shall have the right to contest the 
6suspension or revocation through a hearing with the Secretary, 
7under Section 2-118 of this Code.
8 (o) A person who has had his or her suspension or 
9revocation extended for the third time, or has any combination 
10of 3 extensions and new suspensions, entered as a result of a 
11violation that occurred while holding a monitoring device 
12driving permit or ignition interlock permit, so long as the 
13extensions and new suspensions relate to the same offense, 
14shall have his or her vehicle impounded for a period of 30 
15days, at the person's own expense. A person who has his or her 
16summary suspension extended for the fourth time, or has any 
17combination of 4 extensions and new suspensions, entered as a 
18result of a violation that occurred while holding a monitoring 
19device driving permit or ignition interlock permit, so long as 
20the extensions and new suspensions relate to the same summary 
21suspension, shall have his or her vehicle subject to seizure 
22and forfeiture. The Secretary shall notify the prosecuting 
23authority of any third or fourth extensions or new suspension 
24entered as a result of a violation that occurred while the 
25person held a monitoring device driving permit or ignition 
26interlock permit. Upon receipt of the notification, the 
 
 
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1prosecuting authority shall impound or forfeit the vehicle. The 
2impoundment or forfeiture of a vehicle shall be conducted under 
3the procedure specified in Article 36 of the Criminal Code of 
41961.
5 (p) Any person or entity that supplies a BAIID under this 
6Section shall, for each BAIID installed, pay 5% of the total 
7gross revenue received for the device, including monthly 
8monitoring fees, into the Indigent BAIID Fund. This 5% shall be 
9clearly indicated as a separate surcharge on each invoice that 
10is issued. The Secretary shall conduct an annual review of the 
11fund to determine whether the surcharge is sufficient to 
12provide for indigent users. The Secretary may increase or 
13decrease this surcharge requirement as needed.
14 (q) Any person or entity that supplies a BAIID under this 
15Section that is requested to provide a BAIID to a person who 
16presents written documentation of indigency from the 
17Secretary, as provided in subsection (c-5) of this Section, 
18shall install the device on the person's vehicle without charge 
19to the person and shall seek reimbursement from the Indigent 
20BAIID Fund.
21 (r) The Secretary shall, subject to appropriation by the 
22General Assembly, use all money in the Indigent BAIID Fund to 
23reimburse ignition interlock device providers who have 
24installed devices in vehicles of indigent persons. The 
25Secretary shall make payments to such providers every 3 months. 
26If the amount of money in the fund at the time payments are 
 
 
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1made is not sufficient to pay all requests for reimbursement 
2submitted during that 3 month period, the Secretary shall make 
3payments on a pro-rata basis, and those payments shall be 
4considered payment in full for the requests submitted. 
5 (s) The Secretary is authorized to prescribe such forms as 
6it deems necessary to carry out the provisions of this Section.
7 (t) As of the effective date of this Act, any person who 
8holds a restricted driving permit or monitoring device driving 
9permit who would otherwise be eligible for an ignition 
10interlock permit may petition the Secretary of State, and the 
11Secretary shall allow, the surrender of the restricted driving 
12permit or monitoring device driving permit in exchange for the 
13issuance of an ignition interlock permit. No person holding a 
14restricted driving permit or monitoring device driving permit 
15as of the effective date of this Act shall be required to 
16obtain an ignition interlock permit in lieu of a restricted 
17driving permit or monitoring device driving permit.
18 (u) As of the effective date of this Act, any person who 
19was eligible for a restricted driving permit and who is 
20otherwise eligible for an ignition interlock permit, but who 
21has not been issued a restricted driving permit or who was not 
22awaiting an order from the Secretary of State as the result of 
23a hearing requesting a restricted driving permit, shall no 
24longer be eligible for a restricted driving permit, but instead 
25shall only be eligible for an ignition interlock permit.
26 (v) As of the effective date of this amendatory Act, any 
 
 
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1person who was eligible for a monitoring device driving permit, 
2but who had not been issued a monitoring device driving permit 
3or who had not yet applied for an monitoring device driving 
4permit as evidenced by submission of an application for the 
5same, shall no longer by eligible for an monitoring device 
6driving permit, but shall only be eligible for an ignition 
7interlock permit. 
8 (w) Notwithstanding any other provision of law, any money 
9that would be paid into the Monitoring Device Driving Permit 
10Administration Fee Fund shall be paid into the Secretary of 
11State DUI Administration Fund instead.
12 (x) An ignition interlock permit is invalid during any 
13period in which the holder: 
14  (1) tampers with or circumvents the operation of a 
15 BAIID;
16  (2) possesses or utilizes any device designed to 
17 circumvent the operation of a BAIID; or
18  (3) has another person blow into the BAIID. 




19 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)



20 Sec. 6-208. Period of Suspension - Application After 
21Revocation. 

22 (a) Except as otherwise provided by this Code or any other 
23law of this
State, the Secretary of State shall not suspend a 
24driver's license,
permit, or privilege to drive a motor vehicle 
25on the highways for a
period of more than one year.

 
 
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1 (b) Any person whose license, permit, or privilege to drive 
2a motor
vehicle on the highways has been revoked shall not be 
3entitled to have
such license, permit, or privilege renewed or 
4restored. However, such
person may, except as provided under 
5subsections (d) and (d-5) of Section 6-205, make
application 
6for a license pursuant to Section 6-106 (i) if the revocation

7was
for a cause that
has been removed or (ii) as provided in 
8the following
subparagraphs:


9  1. Except as provided in subparagraphs 1.5, 2, 3,
4, 
10 and 5,
the person may make application for a license (A) 
11 after the expiration of one
year from the effective date of 
12 the revocation, (B) in the case of a violation of paragraph 
13 (b) of Section 11-401 of this
Code or a similar provision 
14 of a local ordinance, after the expiration of 3
years from 
15 the effective date of the revocation, or
(C) in the case of 
16 a violation
of Section 9-3 of the Criminal Code of 1961 or 
17 the Criminal Code of 2012 or a similar provision of a law 
18 of another state relating to the offense of reckless

19 homicide or a violation of subparagraph (F) of paragraph 1 
20 of subsection (d) of Section 11-501 of this Code relating 
21 to aggravated driving under the influence of alcohol, other 
22 drug or drugs, intoxicating compound or compounds, or any 
23 combination thereof, if the violation was the proximate 
24 cause of a death, after the expiration of 2 years from the 
25 effective date of the
revocation
or after the expiration of 
26 24 months from the date of release from
a
period of 
 
 
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1 imprisonment as provided in Section
6-103 of this Code, 
2 whichever is later, or (D) in the case of a violation of 
3 Section 11-501 of this Code where the offender was less 
4 than 21 years of age at the time of the violation, after 
5 the expiration of 2 years from the effective date of the 
6 revocation.

7  1.5. If the person is convicted of a violation of 
8 Section 6-303 of this Code committed while his or her 
9 driver's license, permit, or privilege was revoked because 
10 of a violation of Section 9-3 of the Criminal Code of 1961 
11 or the Criminal Code of 2012, relating to the offense of 
12 reckless homicide, or a similar provision of a law of 
13 another state, the person may not make application for a 
14 license or permit until the expiration of 3 years from the 
15 date of the conviction.


16  2. If such person is convicted of committing a second 
17 violation within a 20-year
period of:


18   (A) Section 11-501 of this Code or a similar 
19 provision of a local
ordinance;


20   (B) Paragraph (b) of Section 11-401 of this Code or 
21 a similar
provision
of a local ordinance;


22   (C) Section 9-3 of the Criminal Code of 1961 or the 
23 Criminal Code of 2012, relating
to the
offense of 
24 reckless homicide; or


25   (D) any combination of the above offenses 
26 committed at different
instances;


 
 
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1 then such person may not make application for a license 
2 until after
the expiration of 5 years from the effective 
3 date of the most recent
revocation. The 20-year
period 
4 shall be computed by using the dates the
offenses were 
5 committed and shall also include similar out-of-state

6 offenses and similar offenses committed on a military 
7 installation. A person who has been issued an ignition 
8 interlock permit and who has held the permit for a minimum 
9 of one year without a violation of the ignition interlock 
10 permit terms and conditions and who has not been convicted 
11 or received court supervision for a subsequent violation of 
12 Section 11-501, 11-401, 6-303 or 6-303.5 of this Code or 
13 Section 9-3 of the Criminal Code of 1961 or Criminal Code 
14 of 2012 relating to the offense of reckless homicide where 
15 the use of alcohol or other drugs is recited as an element 
16 of the offense, or a similar provision of a local ordinance 
17 our out-of-state offense, may petition the Secretary of 
18 State to reduce the term of the revocation by a period of 
19 one year. After a one-year reduction, a person who 
20 continues to hold the ignition interlock permit for an 
21 additional year and who has complied with the provisions of 
22 this subparagraph, may petition the Secretary of State to 
23 reduce the term of the revocation by an additional year. 

24  2.5. If a person is convicted of a second violation of 
25 Section 6-303 of this Code committed while the person's 
26 driver's license, permit, or privilege was revoked because 
 
 
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1 of a violation of Section 9-3 of the Criminal Code of 1961 
2 or the Criminal Code of 2012, relating to the offense of 
3 reckless homicide, or a similar provision of a law of 
4 another state, the person may not make application for a 
5 license or permit until the expiration of 5 years from the 
6 date of release from a term of imprisonment. 

7  3. However, except as provided in subparagraph 4, if 
8 such person is
convicted of committing a third or

9 subsequent violation or any combination of the above 
10 offenses, including
similar out-of-state offenses and 
11 similar offenses committed on a military installation, 
12 contained in subparagraph 2, then such person
may not make 
13 application for a license until after the expiration of 10 
14 years
from the effective date of the most recent 
15 revocation.  A person who has been issued an ignition 
16 interlock permit and who has held the permit for a minimum 
17 period of 3 years without a violation of the ignition 
18 interlock permit terms and conditions and who has not been 
19 convicted of or received a disposition of court supervision 
20 for a subsequent violation of Section 11-501, 11-401, 6-303 
21 or 6-303.5 of this Code or Section 9-3 of the Criminal Code 
22 of 1961 or Criminal Code of 2012 relating to the offense of 
23 reckless homicide where the use of alcohol or other drugs 
24 is recited as an element of the offense, or a similar 
25 provision of a local ordinance or out-of-state offense, may 
26 petition the Secretary of State to reduce the term of the 
 
 
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1 revocation by a period of one year. After a one-year 
2 reduction, a person who continues to hold the ignition 
3 interlock permit for an additional year and who has 
4 complied with the provisions of this paragraph, may 
5 petition the Secretary of State to reduce the term of the 
6 revocation by an additional year. 


7  4. The person may not make application for a license if 
8 the person is
convicted of committing a fourth or 
9 subsequent
violation of Section 11-501 of this Code or a 
10 similar provision of a local
ordinance, Section 11-401 of 
11 this Code, Section 9-3 of the
Criminal Code of 1961 or the 
12 Criminal Code of 2012, or
a combination of these offenses,

13 similar provisions of local ordinances,
similar 
14 out-of-state offenses, or similar offenses committed on a 
15 military installation.

16  5. The person may not make application for a license or 
17 permit if the person is convicted of a third or subsequent 
18 violation of Section 6-303, 6-303.5, or a combination 
19 thereof of this Code committed while his or her driver's 
20 license, permit, or privilege was revoked because of a 
21 violation of Section 9-3 of the Criminal Code of 1961 or 
22 the Criminal Code of 2012, relating to the offense of 
23 reckless homicide, or a similar provision of a law of 
24 another state.

25 Notwithstanding any other provision of this Code, all 
26persons referred to
in this paragraph (b) may not have their 
 
 
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1privileges restored until the
Secretary receives payment of the 
2required reinstatement fee pursuant to
subsection (b) of 
3Section 6-118.

4 In no event shall the Secretary issue such license
unless 
5and until such person has had a hearing pursuant to this Code 
6and
the appropriate administrative rules and the Secretary is

7satisfied, after a review or investigation of such person, that

8to grant the privilege of driving a motor vehicle on the 
9highways will
not endanger the public safety or welfare.

10 (c) (Blank). 

11 (d) Under 23 USC 1403, a person who has 2 or more 
12convictions for violating Section 11-501 of this Code or a 
13similar provision of a local ordinance or a similar out of 
14state offense shall not be eligible for reinstatement of 
15driving privileges as set forth above unless the person has 
16driven successfully with a BAIID for a total of at least 12 
17months or has served a minimum one year revocation or 
18suspension without driving privileges. 
19(Source: P.A. 96-607, eff. 8-24-09; 97-1150, eff. 1-25-13.)


20 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
21 (Text of Section from P.A. 96-1526)
22 Sec. 6-208.1. Period of statutory summary alcohol, other 
23drug,
or intoxicating compound related suspension.
24 (a) Unless the statutory summary suspension has been 
25rescinded, any
person whose privilege to drive a motor vehicle 
 
 
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1on the public highways has
been summarily suspended, pursuant 
2to Section 11-501.1, shall not be
eligible for restoration of 
3the privilege until the expiration of:
4  1. Eighteen Twelve months from the effective date of 
5 the statutory summary suspension
for a refusal or failure 
6 to complete a test or tests to determine the
alcohol, drug, 
7 or intoxicating compound concentration, pursuant
to

8 Section 11-501.1; or
9  2. Twelve Six months from the effective date of the 
10 statutory summary
suspension imposed following the 
11 person's submission to a chemical test
which disclosed an 
12 alcohol concentration of 0.08 or more, or any
amount
of a

13 drug, substance, or intoxicating compound in such person's

14 breath, blood, or
urine resulting
from the unlawful use or 
15 consumption of cannabis listed in the Cannabis
Control Act, 
16 a controlled substance listed in the Illinois
Controlled

17 Substances Act, an intoxicating compound listed in the Use 
18 of Intoxicating
Compounds Act, or methamphetamine as 
19 listed in the Methamphetamine Control and Community 
20 Protection Act, pursuant to Section 11-501.1; or
21  3. Forty-eight months Three years from the effective 
22 date of the statutory summary suspension
for any person 
23 other than a first offender who refuses or fails to

24 complete a test or tests to determine the alcohol, drug, or

25 intoxicating
compound concentration
pursuant to Section 
26 11-501.1; or
 
 
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1  4. Eighteen months One year from the effective date of 
2 the summary suspension imposed
for any person other than a 
3 first offender following submission to a
chemical test 
4 which disclosed an alcohol concentration of 0.08 or
more

5 pursuant to Section 11-501.1 or any amount of a drug, 
6 substance or
compound in such person's blood or urine 
7 resulting from the unlawful use or
consumption of cannabis 
8 listed in the Cannabis Control Act, a
controlled
substance 
9 listed in the Illinois Controlled Substances Act, an

10 intoxicating
compound listed in the Use of Intoxicating 
11 Compounds Act, or methamphetamine as listed in the 
12 Methamphetamine Control and Community Protection Act.
13 (a-5) A person who installs a BAIID within 30 days of the 
14effective date of the suspension, continuously participates in 
15the ignition interlock permit program for the length of the 
16summary suspension and who has no violations of the program may 
17have his summary suspension reduced as follows: 
18  (1) to 6 months from 12 months for a first offender who 
19 submitted to a chemical test which disclosed an alcohol 
20 concentration of 0.08 or more under Section 11-501.1 of 
21 this Code or any amount of a drug, substance or compound in 
22 such person's blood or urine resulting from the unlawful 
23 use or consumption of cannabis listed in the Cannabis 
24 Control Act, a controlled substance listed in the Illinois 
25 Controlled Substances Act, an intoxicating compound listed 
26 in the Use of Intoxicating Compounds Act, or 
 
 
09800SB0924sam001- 116 -LRB098 05192 MLW 42432 a


1 methamphetamine as listed in the Methamphetamine Control 
2 and Community Protection Act; 
3  (2) to 12 months from 18 months for a first offender 
4 who refused or failed to complete chemical testing or for a 
5 non-first offender who submitted to a chemical test which 
6 disclosed an alcohol concentration of 0.08 or more under 
7 Section 11-501.1 of this Code or any amount of a drug, 
8 substance or compound in such person's blood or urine 
9 resulting from the unlawful use or consumption of cannabis 
10 listed in the Cannabis Control Act, a controlled substance 
11 listed in the Illinois Controlled Substances Act, an 
12 intoxicating compound listed in the Use of Intoxicating 
13 Compounds Act, or methamphetamine as listed in the 
14 Methamphetamine Control and Community Protection Act; or 
15  (3) to 36 months from 48 months for a non-first 
16 offender who refused or failed to complete chemical 
17 testing. 
18 (b) Following a statutory summary suspension of the 
19privilege to drive a
motor vehicle under Section 11-501.1, 
20driving privileges shall be
restored if the person has 
21submitted a drug and alcohol evaluation and proof of successful 
22completion of any recommended countermeasures to the Secretary 
23of State, unless the person is otherwise suspended, revoked, or 
24cancelled by this Code. The Secretary shall adopt rules 
25implementing this provision, including how this proof shall be 
26submitted and what constitutes successful completion. If the 
 
 
09800SB0924sam001- 117 -LRB098 05192 MLW 42432 a


1Secretary determines the person has not successfully completed 
2recommended countermeasures, an order denying termination of 
3the statutory summary suspension shall be entered. Any person 
4who was denied termination of his statutory summary suspension 
5under this Section shall have the right to contest the denial 
6through a hearing with the Secretary, under Section 2-118 of 
7this Code. If a person submits proof of successful completion 
8of countermeasures and then has his or her suspension extended 
9as the result of a violation of the ignition interlock permit 
10program, he or she shall be required to submit an updated 
11evaluation prior and proof of successful completion of any 
12recommended countermeasures to termination of the suspension. 
13If
the court has reason to believe that the person's
driving 
14privilege should not be restored, the court shall notify
the 
15Secretary of State prior to the expiration of the statutory 
16summary
suspension so appropriate action may be taken pursuant 
17to this Code.
18 (c) Driving privileges may not be restored until all 
19applicable
reinstatement fees, as provided by this Code, have 
20been paid to the Secretary
of State and the appropriate entry 
21made to the driver's record.
22 (d) Where a driving privilege has been summarily suspended 
23under Section
11-501.1 and the person is subsequently convicted 
24of violating Section
11-501, or a similar provision of a local 
25ordinance, for the same incident,
any period served on 
26statutory summary suspension shall be credited toward
the 
 
 
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1minimum period of revocation of driving privileges imposed 
2pursuant to
Section 6-205.
3 (e) (Blank).
4 (f) (Blank).
5 (g) (Blank). Following a statutory summary suspension of 
6driving privileges
pursuant to Section 11-501.1 where the 
7person was not a first offender, as
defined in Section 11-500, 
8the Secretary of State may not issue a
restricted driving 
9permit.
10 (h) (Blank).
11(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, 
12eff. 8-21-08; 96-1526, eff. 2-14-11.)

13 (Text of Section from P.A. 96-1344 and 97-229)
14 Sec. 6-208.1. Period of statutory summary alcohol, other 
15drug,
or intoxicating compound related suspension or 
16revocation.
17 (a) Unless the statutory summary suspension has been 
18rescinded, any
person whose privilege to drive a motor vehicle 
19on the public highways has
been summarily suspended, pursuant 
20to Section 11-501.1, shall not be
eligible for restoration of 
21the privilege until the expiration of:
22  1. Eighteen Twelve months from the effective date of 
23 the statutory summary suspension
for a refusal or failure 
24 to complete a test or tests to determine the
alcohol, drug, 
25 or intoxicating compound concentration, pursuant
to

 
 
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1 Section 11-501.1, if the person was not involved in a motor 
2 vehicle crash that caused personal injury or death to 
3 another; or
4  2. Twelve Six months from the effective date of the 
5 statutory summary
suspension imposed following the 
6 person's submission to a chemical test
which disclosed an 
7 alcohol concentration of 0.08 or more, or any
amount
of a

8 drug, substance, or intoxicating compound in such person's

9 breath, blood, or
urine resulting
from the unlawful use or 
10 consumption of cannabis listed in the Cannabis
Control Act, 
11 a controlled substance listed in the Illinois
Controlled

12 Substances Act, an intoxicating compound listed in the Use 
13 of Intoxicating
Compounds Act, or methamphetamine as 
14 listed in the Methamphetamine Control and Community 
15 Protection Act, pursuant to Section 11-501.1; or
16  3. Forty-eight months Three years from the effective 
17 date of the statutory summary suspension
for any person 
18 other than a first offender who refuses or fails to

19 complete a test or tests to determine the alcohol, drug, or

20 intoxicating
compound concentration
pursuant to Section 
21 11-501.1; or
22  4. Eighteen months One year from the effective date of 
23 the summary suspension imposed
for any person other than a 
24 first offender following submission to a
chemical test 
25 which disclosed an alcohol concentration of 0.08 or
more

26 pursuant to Section 11-501.1 or any amount of a drug, 
 
 
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1 substance or
compound in such person's blood or urine 
2 resulting from the unlawful use or
consumption of cannabis 
3 listed in the Cannabis Control Act, a
controlled
substance 
4 listed in the Illinois Controlled Substances Act, an

5 intoxicating
compound listed in the Use of Intoxicating 
6 Compounds Act, or methamphetamine as listed in the 
7 Methamphetamine Control and Community Protection Act.
8 (a-1) Unless the statutory summary revocation has been 
9rescinded, any person whose privilege to drive has been 
10summarily revoked pursuant to Section 11-501.1 may not make 
11application for a license or permit until the expiration of one 
12year from the effective date of the summary revocation. 
13 (a-5) A person who installs a BAIID within 30 days of the 
14effective date of the suspension, continuously participates in 
15the ignition interlock permit program for the length of the 
16summary suspension and who has no violations of the program may 
17have his summary suspension reduced as follows: 
18  (1) to 6 months from 12 months for a first offender who 
19 submitted to a chemical test which disclosed an alcohol 
20 concentration of 0.08 or more under Section 11-501.1 of 
21 this Code or any amount of a drug, substance or compound in 
22 such person's blood or urine resulting from the unlawful 
23 use or consumption of cannabis listed in the Cannabis 
24 Control Act, a controlled substance listed in the Illinois 
25 Controlled Substances Act, an intoxicating compound listed 
26 in the Use of Intoxicating Compounds Act, or 
 
 
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1 methamphetamine as listed in the Methamphetamine Control 
2 and Community Protection Act; 
3  (2) to 12 months from 18 months for a first offender 
4 who refused or failed to complete chemical testing or for a 
5 non-first offender who submitted to a chemical test which 
6 disclosed an alcohol concentration of 0.08 or more under 
7 Section 11-501.1 of this Code or any amount of a drug, 
8 substance or compound in such person's blood or urine 
9 resulting from the unlawful use or consumption of cannabis 
10 listed in the Cannabis Control Act, a controlled substance 
11 listed in the Illinois Controlled Substances Act, an 
12 intoxicating compound listed in the Use of Intoxicating 
13 Compounds Act, or methamphetamine as listed in the 
14 Methamphetamine Control and Community Protection Act; or 
15  (3) to 36 months from 48 months for a non-first 
16 offender who refused or failed to complete chemical 
17 testing. 
18 (b) Following a statutory summary suspension of the 
19privilege to drive a
motor vehicle under Section 11-501.1, 
20driving privileges shall be
restored if the person has 
21submitted a drug and alcohol evaluation and proof of successful 
22completion of any recommended countermeasures to the Secretary 
23of State, unless the person is otherwise suspended, revoked, or 
24cancelled by this Code. The Secretary shall adopt rules 
25implementing this provision, including how this proof shall be 
26submitted and what constitutes successful completion. If the 
 
 
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1Secretary determines the person has not successfully completed 
2recommended countermeasures, an order denying termination of 
3the statutory summary suspension shall be entered. Any person 
4who was denied termination of his statutory summary suspension 
5under this Section shall have the right to contest the denial 
6through a hearing with the Secretary, under Section 2-118 of 
7this Code. If a person submits proof of successful completion 
8of countermeasures and then has his suspension extended as the 
9result of a violation of the ignition interlock permit program, 
10he or she shall be required to submit an updated evaluation 
11prior and proof of successful completion of any recommended 
12countermeasures to termination of the suspension. If
the court 
13has reason to believe that the person's
driving privilege 
14should not be restored, the court shall notify
the Secretary of 
15State prior to the expiration of the statutory summary

16suspension so appropriate action may be taken pursuant to this 
17Code.
18 (c) Driving privileges may not be restored until all 
19applicable
reinstatement fees, as provided by this Code, have 
20been paid to the Secretary
of State and the appropriate entry 
21made to the driver's record.
22 (d) Where a driving privilege has been summarily suspended 
23or revoked under Section
11-501.1 and the person is 
24subsequently convicted of violating Section
11-501, or a 
25similar provision of a local ordinance, for the same incident,

26any period served on statutory summary suspension or revocation 
 
 
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1shall be credited toward
the minimum period of revocation of 
2driving privileges imposed pursuant to
Section 6-205.
3 (e) (Blank). Following a statutory summary suspension of 
4driving privileges
pursuant to Section 11-501.1, for a first 
5offender, the circuit court shall, unless the offender has 
6opted in writing not to have a monitoring device driving permit 
7issued, order the Secretary of State to issue a monitoring 
8device driving permit as provided in Section 6-206.1. A 
9monitoring device driving permit shall not be effective prior 
10to the 31st day of the statutory summary suspension. A first 
11offender who refused chemical testing and whose driving 
12privileges were summarily revoked pursuant to Section 11-501.1 
13shall not be eligible for a monitoring device driving permit, 
14but may make application for reinstatement or for a restricted 
15driving permit after a period of one year has elapsed from the 
16effective date of the revocation. 
17 (f) (Blank).
18 (g) (Blank). Following a statutory summary suspension of 
19driving privileges
pursuant to Section 11-501.1 where the 
20person was not a first offender, as
defined in Section 11-500, 
21the Secretary of State may not issue a
restricted driving 
22permit.
23 (h) (Blank).
24(Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11.)

25 (625 ILCS 5/6-303.5 new)
 
 
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1 Sec. 6-303.5. Driving while driver's license, permit or 
2privilege to operate a motor vehicle is suspended or revoked.
3 (a) Except as provided in subsections (b) and (c) of this 
4Section, for any person who drives or is in actual physical 
5control of a motor vehicle on any highway of this State at a 
6time when such person's driver's license, permit, privilege to 
7drive, or privilege to obtain a driver's license or permit is 
8revoked or suspended as provided by this Code or the law of 
9another state, except as may be specifically allowed by an 
10ignition interlock permit, monitoring device driving permit, 
11family financial responsibility driving permit, probationary 
12license to drive, or restricted driving permit issued under 
13this Code or under the law of another state, the following 
14penalties and conditions shall apply:
15  (1) upon the first conviction for this offense, shall 
16 be guilty of a Class A misdemeanor;
17  (2) upon the second conviction for this offense, shall 
18 be guilty of a Class A misdemeanor and shall perform a 
19 minimum of 100 hours of public service; and 
20  (3) upon the third or subsequent conviction for this 
21 offense, shall be guilty of a Class A misdemeanor, and 
22 shall serve a minimum term of imprisonment of 30 days or 
23 300 hours of community service, as determined by the court. 
24 (b) For any person who violates this Section as provided in 
25subsection (a) while his or her driver's license, permit, or 
26privilege is revoked because of a violation of Section 9-3 of 
 
 
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1the Criminal Code of 1961 or the Criminal Code of 2012, 
2relating to the offense of reckless homicide, of this Code, or 
3a similar provision of a law of another state, the following 
4penalties and conditions shall apply:
5  (1) upon the first conviction for this offense, shall 
6 be guilty of a Class 4 felony and shall serve a minimum 
7 term of imprisonment of 30 consecutive days or 300 hours of 
8 community service. The person shall be required to undergo 
9 a professional evaluation, as provided in Section 11-501 of 
10 this Code, to determine if an alcohol, drug, or 
11 intoxicating compound problem exists and the extent of the 
12 problem, and to undergo the imposition of treatment as 
13 appropriate;
14  (2) upon a second conviction for this offense, shall be 
15 guilty of a Class 2 felony, shall not be eligible for 
16 probation or conditional discharge, and shall serve a 
17 mandatory term of imprisonment; 
18  (3) upon a third conviction for this offense, shall be 
19 guilty of a Class 1 felony, shall not be eligible for 
20 probation or conditional discharge, and shall serve a 
21 mandatory term of imprisonment; and 
22  (4) upon a fourth or subsequent conviction for such 
23 offense, shall be guilty of a Class 1 felony, shall not be 
24 eligible for probation or conditional discharge, shall 
25 serve a mandatory term of imprisonment, and is eligible for 
26 an extended term. 
 
 
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1 (c) For any person who violates this Section as provided in 
2subsection (a) while his or her driver's license, permit, or 
3privilege to drive or obtain a license or permit is suspended 
4or revoked as a result of a violation of Section 11-501 of this 
5Code, or a similar provision of a law of another state, or a 
6similar provision of a local ordinance relating to the offense 
7of operating or being in physical control of a vehicle while 
8under the influence of alcohol, any other drug or any 
9combination thereof, or a violation of subsection (b) of 
10Section 11-401 of this Code, or a similar provision of a law of 
11another state, or a similar provision of a local ordinance 
12relating to the offense of leaving the scene of a motor vehicle 
13accident involving personal injury or death, or a statutory 
14summary suspension or revocation under Section 11-501.1 of this 
15Code, the following penalties and conditions shall apply:
16  (1) upon the first conviction for this offense, shall 
17 be guilty of Class A misdemeanor and shall serve a minimum 
18 term of imprisonment of 10 consecutive days or 30 days of 
19 community service. This sentence of imprisonment or 
20 community service shall not be subject to suspension in 
21 order to reduce the sentence;
22  (2) upon a second conviction for this offense, shall be 
23 guilty of a Class 4 felony and shall serve a minimum term 
24 of imprisonment of 30 days or 300 hours of community 
25 service, as determined by the court; 
26  (3) upon a third conviction for this offense, shall be 
 
 
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1 guilty of a Class 4 felony and shall serve a minimum term 
2 of imprisonment of 30 days;
3  (4) upon a fourth, fifth, sixth, seventh, eighth, or 
4 ninth conviction for this offense, shall be guilty of a 
5 Class 4 felony and shall serve a minimum term of 
6 imprisonment of 180 days;
7  (5) upon a tenth, eleventh, twelfth, thirteenth, or 
8 fourteenth conviction for this offense, shall be guilty of 
9 a Class 3 felony, and shall not be eligible for probation 
10 or conditional discharge; and
11  (6) upon a fifteenth or subsequent conviction for such 
12 offense, shall be guilty of a Class 2 felony, and shall not 
13 be eligible for probation or conditional discharge.
14 These sentences of imprisonment or community service shall 
15not be subject to suspension in order to reduce the sentences.
16 (d) Prior convictions may be used to enhance the penalties 
17in subsections (b) and (c) only if those convictions were for 
18driving while the person's driver's license, permit, or 
19privilege to drive or obtain a license or permit was suspended 
20or revoked because of a violation of: Section 9-3 of the 
21Criminal Code of 1961 or the Criminal Code of 2012, relating to 
22the offense of reckless homicide; Section 11-501 of this Code, 
23or a similar provision of a law of another state, or a similar 
24provision of a local ordinance relating to the offense of 
25operating or being in physical control of a vehicle while under 
26the influence of alcohol, any other drug or any combination 
 
 
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1thereof; subsection (b) of Section 11-401 of this Code, or a 
2similar provision of a law of another state, or a similar 
3provision of a local ordinance relating to the offense of 
4leaving the scene of a motor vehicle accident involving 
5personal injury or death; a statutory summary suspension or 
6revocation under Section 11-501.1 of this Code; or any 
7combination thereof.
8 (e) Upon receiving a report of the conviction of any 
9violation indicating a person was operating a motor vehicle 
10during the time when the person's driver's license, permit, or 
11privilege to drive or obtain a license or permit was suspended 
12by the Secretary of State or the driver's licensing 
13administrator of another state, except as specifically allowed 
14by a probationary license, restricted driving permit, or 
15ignition interlock permit the Secretary shall extend the 
16suspension for the same period of time as the originally 
17imposed suspension unless the suspension has already expired, 
18in which case the Secretary shall be authorized to suspend the 
19person's driving privileges for the same period of time as the 
20originally imposed suspension.
21 (f) Except as provided in subsection (b)(1) of this 
22Section, upon receiving a report of the conviction of any 
23violation indicating a person was operating a motor vehicle 
24when the person's driver's license, permit, or privilege to 
25drive or obtain a license or permit was revoked by the 
26Secretary of State or the driver's license administrator of any 
 
 
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1other state, except as may be specifically allowed by an 
2ignition interlock permit, family financial responsibility 
3driving permit, probationary license to drive, or a restricted 
4driving permit issued under this Code or under the law of 
5another state, the Secretary shall not issue a driver's license 
6for an additional period of one year from the date of such 
7conviction indicating such person was operating a vehicle 
8during such period of revocation.
9 (g) Any person convicted of a violation of this Section 
10when that person has been issued or was eligible for a ignition 
11interlock permit shall serve a term of imprisonment of 30 days 
12in addition to any other penalty imposed in this Section.
13 (h) When the Secretary of State receives a report of a 
14conviction of any violation indicating a person was operating a 
15motor vehicle that was not equipped with an ignition interlock 
16device during a time when the person was prohibited from 
17operating a motor vehicle not equipped with such a device, the 
18Secretary shall not issue a driver's license to that person for 
19an additional period of one year from the date of the 
20conviction.
21 (i) In addition to other penalties imposed under this 
22Section, the court may impose on any person convicted a fourth 
23time of violating this Section any of the following:
24  (1) seizure of the license plates of the person's 
25 vehicle; or 
26  (2) immobilization of the person's vehicle for a period 
 
 
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1 of time to be determined by the court. 
2 (j) Any person in violation of this Section who is also in 
3violation of Section 7-601 of this Code relating to mandatory 
4insurance requirements, in addition to other penalties imposed 
5under this Section, shall have his or her motor vehicle 
6immediately impounded by the arresting law enforcement 
7officer. The motor vehicle may be released to any licensed 
8driver upon a showing of proof of insurance for the vehicle 
9that was impounded and the notarized written consent for the 
10release by the vehicle owner.
11 (k) The motor vehicle used in a violation of this Section 
12is subject to seizure and forfeiture as provided in Sections 
1336-1 and 36-2 of the Criminal Code of 2012 if the person's 
14driving privilege was revoked or suspended as a result of:
15  (1) a violation of Section 11-501 of this Code, a 
16 similar provision of a local ordinance, or a similar 
17 provision of a law of another state;
18  (2) a violation of subsection (b) of Section 11-401 of 
19 this Code, a similar provision of a local ordinance, or a 
20 similar provision of a law of another state; 
21  (3) a statutory summary suspension or revocation under 
22 Section 11-501.1 of this Code or a similar provision of a 
23 law of another state; or 
24  (4) a violation of Section 9-3 of the Criminal Code of 
25 1961 or the Criminal Code of 2012 relating to the offense 
26 of reckless homicide, or a similar provision of a law of 
 
 
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1 another state. 
2 (l) For any prosecution under this Section, a certified 
3copy of the driving abstract of the defendant shall be admitted 
4as proof of any prior conviction.
5 (m) An person's convictions under Section 6-303 of the Code 
6shall be included when calculating the total number of that 
7person's prior convictions for purposes of determining the 
8applicable sentence under this Section.




9 (625 ILCS 5/6-306.4) (from Ch. 95 1/2, par. 6-306.4)



10 Sec. 6-306.4. Procedures for residents of other states. 
11 (a) Except as
provided in paragraph (b) of this Section, 
12any resident of another state
which is a member of the 
13Nonresident Violator Compact of 1977, who is cited
by a police 
14officer for violating a traffic law or ordinance, shall have

15the option of (1) being taken without unnecessary delay before 
16a court of
jurisdiction or (2) executing a written promise to 
17comply with the terms of
the citation by signing at least one 
18copy of a Uniform Traffic Ticket
prepared by the police 
19officer. The police officer may refuse to permit a
nonresident 
20violator to execute a written promise to comply with the terms

21of the citation if the nonresident violator cannot furnish 
22satisfactory
evidence of identity or if the officer has 
23probable cause to believe the
nonresident violator cited will 
24disregard the written promise to comply
with the citation.

25 If the person cited is a resident of another State which is 
 
 
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1not a member
of the Nonresident Violator Compact of 1977, then 
2the rules established by
the Supreme Court for bail bond and 
3appearance procedures apply.

4 (b) Any person cited for violating the following provisions 
5of this Code or
a similar provision of local ordinances shall 
6be governed by the bail
provisions of the Illinois Supreme 
7Court Rules when it is not practical or
feasible to take the 
8person before a judge to have bail set or to avoid
undue delay 
9because of the hour or circumstances: Section 3-101, Section

103-702, Sections 3-707, 3-708 or 3-710, Chapter 4, Chapter 5, 
11Section
6-101, Section 6-104, Section 6-113,
Section 6-301, 
12Section 6-303, Section 6-303.5, Section 8-115, Section 11-204, 
13Section
11-310, Section 11-311, Section 11-312, Section 
1411-401, Section 11-402,
Section 11-403, Section 11-404, 
15Section 11-409, Section 11-501, Section
11-503, Section 
1611-504, Section 11-506, Section 11-601, when more than 30 
17m.p.h. over the
posted limit, Section 11-1006, Section 11-1414, 
18Section 15-102, Section
15-103, Section 15-107, Section 
1915-111, paragraph (f) of Section 15-112 or
paragraph (j) of 
20Section 15-301.

21 (c) If the person fails to comply with the executed written 
22promise to
comply with the original terms of the citation as 
23indicated in paragraph
(a) of this Section, the court shall 
24continue the case for a minimum of 30
days and require that a 
25notice of the continued court date be sent to the
last known 
26address of such person. If the person does not appear or

 
 
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1otherwise satisfy the court on or before the continued court 
2date, the
court shall enter an order of failure to appear to 
3answer such charge. The
clerk of such court shall notify the 
4Secretary of State of the court's
order within 21 days.

5 (d) Upon receiving such notice, the Secretary of State 
6shall comply
with the provisions of Section 6-803 of this Code.

7(Source: P.A. 95-310, eff. 1-1-08.)




8 (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)



9 (Text of Section before amendment by P.A. 97-1157)

10 Sec. 6-601. Penalties. 

11 (a) It is a petty offense for any person to violate any of 
12the
provisions of this Chapter unless such violation is by this 
13Code or other
law of this State declared to be a misdemeanor or 
14a felony.

15 (b) General penalties. Unless another penalty is in this 
16Code
or other laws of this State, every person convicted of a 
17petty
offense for the violation of any provision of this 
18Chapter shall be
punished by a fine of not more than $500.

19 (c) Unlicensed driving. Except as hereinafter provided a 
20violation
of Section 6-101 shall be:


21  1. A Class A misdemeanor if the person failed to obtain 
22 a driver's
license or permit after expiration of a period 
23 of revocation.


24  2. A Class B misdemeanor if the person has been issued 
25 a driver's license
or permit, which has expired, and if the 
 
 
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1 period of expiration is greater than
one year; or if the 
2 person has never been issued a driver's license or permit,

3 or is not qualified to obtain a driver's license or permit 
4 because of his age.

5 If a licensee under this Code is convicted of violating 
6Section 6-303 or 6-303.5 for
operating a motor vehicle during a 
7time when such licensee's driver's license
was suspended under 
8the provisions of Section 6-306.3, then such act shall be
a 
9petty offense (provided the licensee has answered the charge 
10which was the
basis of the suspension under Section 6-306.3), 
11and there shall be imposed no
additional like period of 
12suspension as provided in paragraph (b) of Section
6-303 or 
13subsection (e) of Section 6-303.5.

14(Source: P.A. 96-607, eff. 8-24-09.)


15 (Text of Section after amendment by P.A. 97-1157)

16 Sec. 6-601. Penalties. 

17 (a) It is a petty offense for any person to violate any of 
18the
provisions of this Chapter unless such violation is by this 
19Code or other
law of this State declared to be a misdemeanor or 
20a felony.

21 (b) General penalties. Unless another penalty is in this 
22Code
or other laws of this State, every person convicted of a 
23petty
offense for the violation of any provision of this 
24Chapter shall be
punished by a fine of not more than $500.

25 (c) Unlicensed driving. Except as hereinafter provided a 
 
 
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1violation
of Section 6-101 shall be:


2  1. A Class A misdemeanor if the person failed to obtain 
3 a driver's
license or permit after expiration of a period 
4 of revocation.


5  2. A Class B misdemeanor if the person has been issued 
6 a driver's license
or permit, which has expired, and if the 
7 period of expiration is greater than
one year; or if the 
8 person has never been issued a driver's license or permit,

9 or is not qualified to obtain a driver's license or permit 
10 because of his age.

11  3. A petty offense if the person has been issued a 
12 temporary visitor's driver's license or permit and is 
13 unable to provide proof of liability insurance as provided 
14 in subsection (d-5) of Section 6-105.1. 
15 If a licensee under this Code is convicted of violating 
16Section 6-303 or 6-303.5 for
operating a motor vehicle during a 
17time when such licensee's driver's license
was suspended under 
18the provisions of Section 6-306.3, then such act shall be
a 
19petty offense (provided the licensee has answered the charge 
20which was the
basis of the suspension under Section 6-306.3), 
21and there shall be imposed no
additional like period of 
22suspension as provided in paragraph (b) of Section
6-303 or 
23subsection (e) of 6-303.5.

24(Source: P.A. 96-607, eff. 8-24-09; 97-1157, eff. 11-28-13.)





25 (625 ILCS 5/7-402) (from Ch. 95 1/2, par. 7-402)



 
 
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1 Sec. 7-402. Surrender of license to drive and registration. 
2Except as
otherwise provided in this Code or Article V of the 
3Supreme Court Rules,
any person whose
license to drive has been 
4suspended shall immediately
return to the Secretary of State 
5any driver's license,
instruction permit,
restricted driving 
6permit or other evidence of driving privileges held
by such 
7person.
Any driving authorization document issued under 
8Sections Section 6-206.1, 6-206.5, or
11-501.1 of this Code 
9shall be returned to the issuing court for proper
processing. 
10Any person whose vehicle registration has been suspended
shall, 
11upon the request of the Secretary, immediately return to the

12Secretary any license plates or other evidences of registration 
13held by such
person.

14 The Secretary is authorized to take possession of any

15license to drive, registration certificate, registration 
16sticker or license
plates
upon the suspension
thereof under the 
17provisions of this Code or to direct any
law enforcement 
18officer to
take possession thereof and to return the same to 
19the Secretary.

20 Any person willfully failing to comply with this Section is 
21guilty of a
Class A misdemeanor and shall be punished as 
22provided in Section 9-110 of this
Code.

23(Source: P.A. 91-357, eff. 7-29-99.)


24 (625 ILCS 5/11-208.7)
25 Sec. 11-208.7. Administrative fees and procedures for 
 
 
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1impounding vehicles for specified violations.
2 (a) Any municipality may, consistent with this Section, 
3provide by ordinance procedures for the release of properly 
4impounded vehicles and for the imposition of a reasonable 
5administrative fee related to its administrative and 
6processing costs associated with the investigation, arrest, 
7and detention of an offender, or the removal, impoundment, 
8storage, and release of the vehicle. The administrative fee 
9imposed by the municipality may be in addition to any fees

10charged for the towing and storage of an impounded vehicle. The 
11administrative fee shall be waived by the municipality upon 
12verifiable proof that the vehicle was stolen at the time the 
13vehicle was impounded.
14 (b) Any ordinance establishing procedures for the release 
15of properly impounded vehicles under this Section may impose 
16fees for the following violations:
17  (1) operation or use of a motor vehicle in the 
18 commission of, or in the attempt to commit, an offense for 
19 which a motor vehicle may be seized and forfeited pursuant 
20 to Section 36-1 of the Criminal Code of 2012; or
21  (2) driving under the influence of alcohol, another 
22 drug or drugs, an intoxicating compound or compounds, or 
23 any combination thereof, in violation of Section 11-501 of 
24 this Code; or
25  (3) operation or use of a motor vehicle in the 
26 commission of, or in the attempt to commit, a felony or in 
 
 
09800SB0924sam001- 138 -LRB098 05192 MLW 42432 a


1 violation of the Cannabis Control Act; or
2  (4) operation or use of a motor vehicle in the 
3 commission of, or in the attempt to commit, an offense in 
4 violation of the Illinois Controlled Substances Act; or
5  (5) operation or use of a motor vehicle in the 
6 commission of, or in the attempt to commit, an offense in 
7 violation of Section 24-1, 24-1.5, or 24-3.1 of the 
8 Criminal Code of 1961 or the Criminal Code of 2012; or
9  (6) driving while a driver's license, permit, or 
10 privilege to operate a motor vehicle is suspended or 
11 revoked pursuant to Section 6-303 or 6-303.5 of this Code; 
12 except that vehicles shall not be subjected to seizure or 
13 impoundment if the suspension is for an unpaid citation 
14 (parking or moving) or due to failure to comply with 
15 emission testing; or
16  (7) operation or use of a motor vehicle while 
17 soliciting, possessing, or attempting to solicit or 
18 possess cannabis or a controlled substance, as defined by 
19 the Cannabis Control Act or the Illinois Controlled 
20 Substances Act; or
21  (8) operation or use of a motor vehicle with an expired 
22 driver's license, in violation of Section 6-101 of this 
23 Code, if the period of expiration is greater than one year; 
24 or
25  (9) operation or use of a motor vehicle without ever 
26 having been issued a driver's license or permit, in 
 
 
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1 violation of Section 6-101 of this Code, or operating a 
2 motor vehicle without ever having been issued a driver's 
3 license or permit due to a person's age; or
4  (10) operation or use of a motor vehicle by a person 
5 against whom a warrant has been issued by a circuit clerk 
6 in Illinois for failing to answer charges that the driver 
7 violated Section 6-101, 6-303, 6-303.5, or 11-501 of this 
8 Code; or
9  (11) operation or use of a motor vehicle in the 
10 commission of, or in the attempt to commit, an offense in 
11 violation of Article 16 or 16A of the Criminal Code of 1961 
12 or the Criminal Code of 2012; or 
13  (12) operation or use of a motor vehicle in the 
14 commission of, or in the attempt to commit, any other

15 misdemeanor or felony offense in violation of the Criminal 
16 Code of 1961 or the Criminal Code of 2012, when so provided 
17 by
local ordinance. 
18 (c) The following shall apply to any fees imposed for 
19administrative and processing costs pursuant to subsection 
20(b):
21  (1) All administrative fees and towing and storage 
22 charges shall be imposed on the registered owner of the 
23 motor vehicle or the agents of that owner.
24  (2) The fees shall be in addition to (i) any other 
25 penalties that may be assessed by a court of law for the 
26 underlying violations; and (ii) any towing or storage fees, 
 
 
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1 or both, charged by the towing company.
2  (3) The fees shall be uniform for all similarly 
3 situated vehicles.
4  (4) The fees shall be collected by and paid to the 
5 municipality imposing the fees.
6  (5) The towing or storage fees, or both, shall be 
7 collected by and paid to the person, firm, or entity that 
8 tows and stores the impounded vehicle. 
9 (d) Any ordinance establishing procedures for the release 
10of properly impounded vehicles under this Section shall provide 
11for an opportunity for a hearing, as provided in subdivision 
12(b)(4) of Section 11-208.3 of this Code, and for the release of 
13the vehicle to the owner of record, lessee, or a lienholder of 
14record upon payment of all administrative fees and towing and 
15storage fees.
16 (e) Any ordinance establishing procedures for the 
17impoundment
and release of vehicles under this Section shall 
18include the following provisions concerning notice of 
19impoundment: 
20  (1) Whenever
a police officer has cause to believe that 
21 a motor vehicle is subject to impoundment, the officer

22 shall provide for the towing of the vehicle to a facility 
23 authorized by the municipality.
24  (2) At the
time the vehicle is towed, the municipality 
25 shall notify or make a reasonable attempt to notify the

26 owner, lessee, or person identifying himself or herself as 
 
 
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1 the owner or lessee of the vehicle, or any person
who is 
2 found to be in control of the vehicle at the time of the 
3 alleged offense, of the fact of the
seizure, and of the 
4 vehicle owner's or lessee's right to an administrative 
5 hearing.
6  (3) The municipality shall
also provide notice that the 
7 motor vehicle will remain impounded pending the completion 
8 of an
administrative hearing, unless the owner or lessee of 
9 the vehicle or a lienholder posts with the
municipality a 
10 bond equal to the administrative fee as provided by 
11 ordinance and pays for all
towing and storage charges.
12 (f) Any ordinance establishing procedures for the 
13impoundment and
release of vehicles under this Section shall 
14include a provision providing that the
registered owner or 
15lessee of the vehicle and any lienholder of record shall be 
16provided with a
notice of hearing. The notice shall:
17  (1) be served upon the owner, lessee, and any 
18 lienholder of record either by personal service or by first 
19 class mail to the interested party's address as registered 
20 with the Secretary of State;
21  (2) be served upon interested parties within 10 days 
22 after a vehicle is impounded by the municipality; and
23  (3) contain the date, time, and location of the 
24 administrative hearing. An
initial hearing shall be 
25 scheduled and convened no later than 45 days after the date 
26 of
the mailing of the notice of hearing.
 
 
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1 (g) In addition to the requirements contained in

2subdivision (b)(4) of Section 11-208.3 of this Code relating to 
3administrative hearings, any ordinance providing for the 
4impoundment
and release of vehicles under this Section shall 
5include the following requirements concerning administrative 
6hearings:
7  (1) administrative hearings shall be conducted by a 
8 hearing officer who is an attorney licensed to practice law 
9 in this State for a minimum of 3 years;
10  (2) at the conclusion of the administrative hearing, 
11 the hearing officer shall issue
a written decision either 
12 sustaining or overruling the vehicle impoundment;
13  (3) if the basis for the vehicle
impoundment is 
14 sustained by the administrative hearing officer, any 
15 administrative fee posted to
secure the release of the 
16 vehicle shall be forfeited to the municipality;
17  (4) all final decisions of the administrative hearing 
18 officer shall be subject to
review under the provisions of 
19 the Administrative Review Law; and
20  (5) unless the administrative hearing
officer 
21 overturns the basis for the vehicle impoundment, no vehicle 
22 shall be released to the owner, lessee, or lienholder of 
23 record until
all administrative fees and towing and storage 
24 charges are paid.
25 (h) Vehicles not retrieved from the towing facility or 
26storage facility
within 35 days after the administrative 
 
 
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1hearing officer issues a written decision shall be deemed 
2abandoned and disposed of in accordance with the provisions of 
3Article II of Chapter
4 of this Code.
4 (i) Unless stayed by a court of competent jurisdiction, any 
5fine, penalty, or administrative fee imposed under this
Section 
6which remains unpaid in whole or in part after the expiration 
7of the deadline for seeking judicial
review under the 
8Administrative Review Law may be enforced in the same manner as 
9a judgment entered by a court of
competent jurisdiction.

10(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13.)

11 (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)

12 Sec. 11-500. Definitions. For the purposes of interpreting 
13Sections
6-206.1 and 6-208.1 of this Code, "first offender" 
14shall mean any person
who has not had:
15  (1) a previous conviction for violating Section 11-501 
16 of this Code or a similar provision of a local ordinance; 
17  (2) a previous conviction in any other state for 
18 driving under the influence, driving while intoxicated, 
19 driving while impaired, or any offense where the cause of 
20 action is the same or substantially similar to Section 
21 11-501 of this Code; 
22  (3) a previous court martial or non-judicial 
23 punishment by military authorities of the United States for 
24 driving under the influence, driving while intoxicated, 
25 driving while impaired or any offense where the cause of 
 
 
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1 action is the same or substantially similar to Section 
2 11-501 of this Code; 
3  (4) a previous disposition of court assigned 
4 supervision for violating Section 11-501 of this Code or a 
5 similar provision of a local ordinance; 
6  (5) a previous driver's license suspension or 
7 revocation for violating Section 11-501.1 of this Code; 
8  (6) a previous driver's license suspension under 
9 paragraph (6) of subsection (a) of Section 6-206 of this 
10 Code for refusal of chemical testing in another state; or 
11  (7) previous conviction for violating 9-3 of the 
12 Criminal Code of 1961 or the Criminal Code of 2012, or a 
13 similar provision of a law of another state, where the use 
14 of alcohol or other drugs is recited as an element of the 
15 offense.  
16a previous conviction or court assigned supervision for

17violating Section 11-501, or a similar provision of a local 
18ordinance,
or a conviction in any other state for a violation 
19of driving while under
the influence or a similar offense where 
20the cause of action is the same
or substantially similar to 
21this Code or similar offenses committed on a military 
22installation, or any person who has not had a driver's license 
23suspension pursuant to paragraph 6 of subsection (a) of Section 
246-206 as the result of refusal of chemical testing in another 
25state, or any
person who has not had a driver's license

26suspension or revocation for violating Section 11-501.1 within 
 
 
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15 years prior to the date of
the
current offense, except in 
2cases where the driver submitted to
chemical testing resulting 
3in an alcohol concentration of 0.08 or
more,
or any amount of a 
4drug, substance, or compound in such person's blood or
urine 
5resulting from the unlawful use or consumption of cannabis 
6listed in
the Cannabis Control Act, a controlled substance 
7listed in the
Illinois
Controlled Substances Act, or an 
8intoxicating compound listed in the Use
of
Intoxicating 
9Compounds Act, or methamphetamine as listed in the 
10Methamphetamine Control and Community Protection Act and
was 
11subsequently found not guilty of violating Section 11-501, or a 
12similar
provision of a local ordinance.
13(Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09; 
1496-1344, eff. 7-1-11.)

15 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
16 Sec. 11-501. Driving while under the influence of alcohol, 
17other drug or drugs, intoxicating compound or compounds or any 
18combination thereof.

19 (a) A person shall not drive or be in actual physical 
20control of any vehicle within this State while:
21  (1) the alcohol concentration in the person's blood or 
22 breath is 0.08 or more based on the definition of blood and 
23 breath units in Section 11-501.2;
24  (2) under the influence of alcohol;
25  (3) under the influence of any intoxicating compound or 
 
 
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1 combination of intoxicating compounds to a degree that 
2 renders the person incapable of driving safely;
3  (4) under the influence of any other drug or 
4 combination of drugs to a degree that renders the person 
5 incapable of safely driving;
6  (5) under the combined influence of alcohol, other drug 
7 or drugs, or intoxicating compound or compounds to a degree 
8 that renders the person incapable of safely driving; or
9  (6) there is any amount of a drug, substance, or 
10 compound in the person's breath, blood, or urine resulting 
11 from the unlawful use or consumption of cannabis listed in 
12 the Cannabis Control Act, a controlled substance listed in 
13 the Illinois Controlled Substances Act, an intoxicating 
14 compound listed in the Use of Intoxicating Compounds Act, 
15 or methamphetamine as listed in the Methamphetamine 
16 Control and Community Protection Act.

17 (b) The fact that any person charged with violating this 
18Section is or has been legally entitled to use alcohol, other 
19drug or drugs, or intoxicating compound or compounds, or any 
20combination thereof, shall not constitute a defense against any 
21charge of violating this Section.
22 (c) Penalties.
23  (1) Except as otherwise provided in this Section, any 
24 person convicted of violating subsection (a) of this 
25 Section is guilty of a Class A misdemeanor.
26  (2) A person who violates subsection (a) or a similar 
 
 
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1 provision a second time shall be sentenced to a mandatory 
2 minimum term of either 5 days of imprisonment or 240 hours 
3 of community service in addition to any other criminal or 
4 administrative sanction.
5  (3) A person who violates subsection (a) is subject to 
6 6 months of imprisonment, an additional mandatory minimum 
7 fine of $1,000, and 25 days of community service in a 
8 program benefiting children if the person was transporting 
9 a person under the age of 16 at the time of the violation.
10  (4) A person who violates subsection (a) a first time, 
11 if the alcohol concentration in his or her blood, breath, 
12 or urine was 0.16 or more based on the definition of blood, 
13 breath, or urine units in Section 11-501.2, shall be 
14 subject, in addition to any other penalty that may be 
15 imposed, to a mandatory minimum of 100 hours of community 
16 service and a mandatory minimum fine of $500.
17  (5) A person who violates subsection (a) a second time, 
18 if at the time of the second violation the alcohol 
19 concentration in his or her blood, breath, or urine was 
20 0.16 or more based on the definition of blood, breath, or 
21 urine units in Section 11-501.2, shall be subject, in 
22 addition to any other penalty that may be imposed, to a 
23 mandatory minimum of 2 days of imprisonment and a mandatory 
24 minimum fine of $1,250.
25 (d) Aggravated driving under the influence of alcohol, 
26other drug or drugs, or intoxicating compound or compounds, or 
 
 
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1any combination thereof.

2  (1) Every person convicted of committing a violation of 
3 this Section shall be guilty of aggravated driving under 
4 the influence of alcohol, other drug or drugs, or 
5 intoxicating compound or compounds, or any combination 
6 thereof if:
7   (A) the person committed a violation of subsection 
8 (a) or a similar provision for the third or subsequent 
9 time;
10   (B) the person committed a violation of subsection 
11 (a) while driving a school bus with persons 18 years of 
12 age or younger on board;
13   (C) the person in committing a violation of 
14 subsection (a) was involved in a motor vehicle accident 
15 that resulted in great bodily harm or permanent 
16 disability or disfigurement to another, when the 
17 violation was a proximate cause of the injuries;
18   (D) the person committed a violation of subsection 
19 (a) and has been previously convicted of violating 
20 Section 9-3 of the Criminal Code of 1961 or the 
21 Criminal Code of 2012 or a similar provision of a law 
22 of another state relating to reckless homicide in which 
23 the person was determined to have been under the 
24 influence of alcohol, other drug or drugs, or 
25 intoxicating compound or compounds as an element of the 
26 offense or the person has previously been convicted 
 
 
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1 under subparagraph (C) or subparagraph (F) of this 
2 paragraph (1);
3   (E) the person, in committing a violation of 
4 subsection (a) while driving at any speed in a school 
5 speed zone at a time when a speed limit of 20 miles per 
6 hour was in effect under subsection (a) of Section 
7 11-605 of this Code, was involved in a motor vehicle 
8 accident that resulted in bodily harm, other than great 
9 bodily harm or permanent disability or disfigurement, 
10 to another person, when the violation of subsection (a) 
11 was a proximate cause of the bodily harm;
12   (F) the person, in committing a violation of 
13 subsection (a), was involved in a motor vehicle, 
14 snowmobile, all-terrain vehicle, or watercraft 
15 accident that resulted in the death of another person, 
16 when the violation of subsection (a) was a proximate 
17 cause of the death;
18   (G) the person committed a violation of subsection 
19 (a) during a period in which the defendant's driving 
20 privileges are revoked or suspended, where the 
21 revocation or suspension was for a violation of 
22 subsection (a) or a similar provision, Section 
23 11-501.1, paragraph (b) of Section 11-401, or for 
24 reckless homicide as defined in Section 9-3 of the 
25 Criminal Code of 1961 or the Criminal Code of 2012;
26   (H) the person committed the violation while he or 
 
 
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1 she did not possess a driver's license or permit, or a 
2 restricted driving permit, or a judicial driving 
3 permit or a monitoring device driving permit, or an 
4 ignition interlock permit;
5   (I) the person committed the violation while he or 
6 she knew or should have known that the vehicle he or 
7 she was driving was not covered by a liability 
8 insurance policy;
9   (J) the person in committing a violation of 
10 subsection (a) was involved in a motor vehicle accident 
11 that resulted in bodily harm, but not great bodily 
12 harm, to the child under the age of 16 being 
13 transported by the person, if the violation was the 
14 proximate cause of the injury; or
15   (K) the person in committing a second violation of 
16 subsection (a) or a similar provision was transporting 
17 a person under the age of 16.
18  (2)(A) Except as provided otherwise, a person 
19 convicted of aggravated driving under the influence of 
20 alcohol, other drug or drugs, or intoxicating compound or 
21 compounds, or any combination thereof is guilty of a Class 
22 4 felony.
23  (B) A third violation of this Section or a similar 
24 provision is a Class 2 felony. If at the time of the third 
25 violation the alcohol concentration in his or her blood, 
26 breath, or urine was 0.16 or more based on the definition 
 
 
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1 of blood, breath, or urine units in Section 11-501.2, a 
2 mandatory minimum of 90 days of imprisonment and a 
3 mandatory minimum fine of $2,500 shall be imposed in 
4 addition to any other criminal or administrative sanction. 
5 If at the time of the third violation, the defendant was 
6 transporting a person under the age of 16, a mandatory fine 
7 of $25,000 and 25 days of community service in a program 
8 benefiting children shall be imposed in addition to any 
9 other criminal or administrative sanction.
10  (C) A fourth violation of this Section or a similar 
11 provision is a Class 2 felony, for which a sentence of 
12 probation or conditional discharge may not be imposed. If 
13 at the time of the violation, the alcohol concentration in 
14 the defendant's blood, breath, or urine was 0.16 or more 
15 based on the definition of blood, breath, or urine units in 
16 Section 11-501.2, a mandatory minimum fine of $5,000 shall 
17 be imposed in addition to any other criminal or 
18 administrative sanction. If at the time of the fourth 
19 violation, the defendant was transporting a person under 
20 the age of 16 a mandatory fine of $25,000 and 25 days of 
21 community service in a program benefiting children shall be 
22 imposed in addition to any other criminal or administrative 
23 sanction.
24  (D) A fifth violation of this Section or a similar 
25 provision is a Class 1 felony, for which a sentence of 
26 probation or conditional discharge may not be imposed. If 
 
 
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1 at the time of the violation, the alcohol concentration in 
2 the defendant's blood, breath, or urine was 0.16 or more 
3 based on the definition of blood, breath, or urine units in 
4 Section 11-501.2, a mandatory minimum fine of $5,000 shall 
5 be imposed in addition to any other criminal or 
6 administrative sanction. If at the time of the fifth 
7 violation, the defendant was transporting a person under 
8 the age of 16, a mandatory fine of $25,000, and 25 days of 
9 community service in a program benefiting children shall be 
10 imposed in addition to any other criminal or administrative 
11 sanction.
12  (E) A sixth or subsequent violation of this Section or 
13 similar provision is a Class X felony. If at the time of 
14 the violation, the alcohol concentration in the 
15 defendant's blood, breath, or urine was 0.16 or more based 
16 on the definition of blood, breath, or urine units in 
17 Section 11-501.2, a mandatory minimum fine of $5,000 shall 
18 be imposed in addition to any other criminal or 
19 administrative sanction. If at the time of the violation, 
20 the defendant was transporting a person under the age of 
21 16, a mandatory fine of $25,000 and 25 days of community 
22 service in a program benefiting children shall be imposed 
23 in addition to any other criminal or administrative 
24 sanction.
25  (F) For a violation of subparagraph (C) of paragraph 
26 (1) of this subsection (d), the defendant, if sentenced to 
 
 
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1 a term of imprisonment, shall be sentenced to not less than 
2 one year nor more than 12 years.
3  (G) A violation of subparagraph (F) of paragraph (1) of 
4 this subsection (d) is a Class 2 felony, for which the 
5 defendant, unless the court determines that extraordinary 
6 circumstances exist and require probation, shall be 
7 sentenced to: (i) a term of imprisonment of not less than 3 
8 years and not more than 14 years if the violation resulted 
9 in the death of one person; or (ii) a term of imprisonment 
10 of not less than 6 years and not more than 28 years if the 
11 violation resulted in the deaths of 2 or more persons.
12  (H) For a violation of subparagraph (J) of paragraph 
13 (1) of this subsection (d), a mandatory fine of $2,500, and 
14 25 days of community service in a program benefiting 
15 children shall be imposed in addition to any other criminal 
16 or administrative sanction.
17  (I) A violation of subparagraph (K) of paragraph (1) of 
18 this subsection (d), is a Class 2 felony and a mandatory 
19 fine of $2,500, and 25 days of community service in a 
20 program benefiting children shall be imposed in addition to 
21 any other criminal or administrative sanction. If the child 
22 being transported suffered bodily harm, but not great 
23 bodily harm, in a motor vehicle accident, and the violation 
24 was the proximate cause of that injury, a mandatory fine of 
25 $5,000 and 25 days of community service in a program 
26 benefiting children shall be imposed in addition to any 
 
 
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1 other criminal or administrative sanction.
2  (J) A violation of subparagraph (D) of paragraph (1) of 
3 this subsection (d) is a Class 3 felony, for which a 
4 sentence of probation or conditional discharge may not be 
5 imposed. 
6  (3) Any person sentenced under this subsection (d) who 
7 receives a term of probation or conditional discharge must 
8 serve a minimum term of either 480 hours of community 
9 service or 10 days of imprisonment as a condition of the 
10 probation or conditional discharge in addition to any other 
11 criminal or administrative sanction.
12 (e) Any reference to a prior violation of subsection (a) or 
13a similar provision includes any violation of a provision of a 
14local ordinance or a provision of a law of another state or an 
15offense committed on a military installation that is similar to 
16a violation of subsection (a) of this Section.
17 (f) The imposition of a mandatory term of imprisonment or 
18assignment of community service for a violation of this Section 
19shall not be suspended or reduced by the court.
20 (g) Any penalty imposed for driving with a license that has 
21been revoked for a previous violation of subsection (a) of this 
22Section shall be in addition to the penalty imposed for any 
23subsequent violation of subsection (a).
24 (h) For any prosecution under this Section, a certified 
25copy of the driving abstract of the defendant shall be admitted 
26as proof of any prior conviction.


 
 
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1(Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)




2 (625 ILCS 5/16-107) (from Ch. 95 1/2, par. 16-107)



3 Sec. 16-107. Appearance of parent or guardian of minor in 
4certain court
proceedings - Judicial discretion.
5 (a) Whenever an unemancipated minor
is required to appear 
6in court pursuant to a citation for violation of any
Section or 
7any subsection of any Section of this Act specified in 
8subsection
(b) of this Section, the court may require that a 
9parent or guardian of
the minor accompany the minor and appear 
10before the court with the minor,
unless, in the discretion of 
11the court, such appearance would be unreasonably
burdensome 
12under the circumstances.

13 (b) This Section shall apply whenever an unemancipated 
14minor is charged
with violation of any of the following 
15Sections and subsections of this Act:

16  1) Sections 3-701, 3-702 and 3-703;

17  2) Sections 4-102, 4-103, 4-104 and 4-105;

18  3) Section 6-101, subsections (a), (b) and (c) of 
19 Section 6-104, and Sections
6-113, 6-301, 6-302, 6-303, 
20 6-303.5, and 6-304;

21  4) Sections 11-203 and 11-204, subsection (b) of 
22 Section 11-305, Sections
11-311, 11-312, 11-401, 11-402, 
23 11-403, 11-404, 11-407, 11-409, 11-501,
11-502, 11-503, 
24 11-504, 11-506, subsection (b) of Section 11-601, Sections 
25 11-704,
11-707, 11-1007, 11-1403, 11-1404 and subsection 
 
 
09800SB0924sam001- 156 -LRB098 05192 MLW 42432 a


1 (a) of Section 11-1414.

2(Source: P.A. 95-310, eff. 1-1-08.)


3 (625 ILCS 5/6-303 rep.)
4 Section 15. The Illinois Vehicle Code is amended by 
5repealing Section 6-303.

6 Section 20. The Criminal Code of 2012 is amended by 
7changing Section 36-1 as follows:




8 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)



9 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used 
10with the knowledge
and consent of the owner in the commission 
11of, or in the attempt to commit as
defined in Section 8-4 of 
12this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, 
1311-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a 
14place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 
1511-20.1, 11-20.1B, 11-20.3,
12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 
1612-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
16-1 if the theft is of 
17precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1, 
1820-2,
24-1.2,
24-1.2-5,
24-1.5, 28-1, or 29D-15.2 of this Code, 
19subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2), 
20(e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05,

21paragraph (a) of Section 12-4 of this Code, paragraph (a) of 
22Section 11-1.50,
paragraph (a) of Section 12-15, paragraph (a), 
23(c), or (d) of Section 11-1.60, or paragraphs (a), (c) or (d) 
 
 
09800SB0924sam001- 157 -LRB098 05192 MLW 42432 a


1of Section
12-16 of this Code, or paragraph (a)(6) or (a)(7) of 
2Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 or 26 of 
3the Cigarette Tax
Act if the vessel, vehicle or aircraft 
4contains more than 10 cartons of
such cigarettes; (c) Section 
528, 29 or 30 of the Cigarette Use Tax Act if
the vessel, 
6vehicle or aircraft contains more than 10 cartons of such

7cigarettes; (d) Section 44 of the Environmental Protection Act; 
8(e)
11-204.1
of the Illinois Vehicle Code; (f)
(1) driving 
9under the influence of alcohol or other drug or drugs, 
10intoxicating compound or compounds or any
combination thereof 
11under Section 11-501 of the Illinois Vehicle Code during a 
12period in which his
or her driving privileges are revoked or 
13suspended where
the revocation or suspension was for driving 
14under the influence of alcohol or other drug or drugs, 
15intoxicating compound or compounds or any
combination thereof, 
16Section 11-501.1, paragraph (b) of Section
11-401, or for 
17reckless homicide as defined in Section 9-3
of the Criminal 
18Code of 1961 or the Criminal Code of 2012; (2)
driving while 
19under the influence of alcohol, other drug or drugs, 
20intoxicating compound or compounds or any combination thereof 
21and has been previously convicted of reckless homicide or a 
22similar provision of a law of another state relating to 
23reckless homicide in which the person was determined to have 
24been under the influence of alcohol, other drug or drugs, or 
25intoxicating compound or compounds as an element of the offense 
26or the person has previously been convicted of committing a 
 
 
09800SB0924sam001- 158 -LRB098 05192 MLW 42432 a


1violation of
driving under the influence of alcohol or other 
2drug or drugs, intoxicating compound or compounds or any

3combination thereof and was involved in a motor vehicle 
4accident that resulted in death, great bodily harm, or 
5permanent disability or disfigurement to another, when the 
6violation was a proximate cause of the death or injuries; (3) 
7the person committed a violation of driving under the influence 
8of alcohol or other drug or drugs, intoxicating compound or 
9compounds or any
combination thereof under Section 11-501 of 
10the Illinois Vehicle Code or a similar provision for the third 
11or subsequent
time; (4) the person committed the violation 
12while he
or she did not possess a driver's license or permit, 
13or a restricted driving permit, or a judicial driving permit or 
14a monitoring device driving permit, or an ignition interlock 
15permit; or (5) the person committed the violation while he or 
16she knew or should have known that the vehicle he or she was 
17driving was not covered by a liability insurance policy; (g) 
18the person committed a violation of Section 6-303 or 6-303.5 of 
19this Code while the person's driver's license was suspended or 
20revoked for (1) a violation of Section 11-501 of this Code or a 
21similar provision of a local ordinance or a similar 
22out-of-state offense, (2) a violation of subsection (b) of 
23Section 11-401 of this Code, a similar provision of a local 
24ordinance or a similar provision of another state, (3) a 
25statutory summary suspension or revocation under Section 
2611-501.1 of this Code or a similar provision of a law of 
 
 
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1another state, or (4) a violation of Section 9-3 of the 
2Criminal Code of 1961 or the Criminal Code of 2012 relating to 
3the offense of reckless homicide, or a similar law of another 
4state an offense described in subsection (g) of Section 6-303 
5of the
Illinois Vehicle Code; or (h) an offense described in 
6subsection (e) of
Section 6-101 of the Illinois Vehicle Code;

7may be
seized and delivered forthwith to the sheriff of the 
8county of seizure.

9 Within 15 days after such delivery the sheriff shall give 
10notice of seizure
to each person according to the following 
11method: Upon each such person
whose right, title or interest is 
12of record in the office of the Secretary
of State, the 
13Secretary of Transportation, the Administrator of the Federal

14Aviation Agency, or any other Department of this State, or any 
15other state
of the United States if such vessel, vehicle or 
16aircraft is required to be
so registered, as the case may be, 
17by mailing a copy of the notice by
certified mail to the 
18address as given upon the records of the Secretary of
State, 
19the Department of Aeronautics, Department of Public Works and

20Buildings or any other Department of this State or the United 
21States if
such vessel, vehicle or aircraft is required to be so 
22registered. Within
that 15 day period the sheriff shall also 
23notify the State's Attorney of
the county of seizure about the 
24seizure.

25 In addition, any mobile or portable equipment used in the 
26commission of an
act which is in violation of Section 7g of the 
 
 
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1Metropolitan Water Reclamation
District Act shall be subject to 
2seizure and forfeiture under the same
procedures provided in 
3this Article for the seizure and forfeiture of vessels,

4vehicles and aircraft, and any such equipment shall be deemed a 
5vessel, vehicle
or aircraft for purposes of this Article.

6 When a person discharges a firearm at another individual 
7from a vehicle with
the knowledge and consent of the owner of 
8the vehicle and with the intent to
cause death or great bodily 
9harm to that individual and as a result causes
death or great 
10bodily harm to that individual, the vehicle shall be subject to

11seizure and forfeiture under the same procedures provided in 
12this Article for
the seizure and forfeiture of vehicles used in 
13violations of clauses (a), (b),
(c), or (d) of this Section.

14 If the spouse of the owner of a vehicle seized for
an 
15offense described in subsection (g) of this Section 6-303 of 
16the
Illinois Vehicle Code,
a violation of
subdivision 
17(d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of 
18Section 11-501 of the Illinois Vehicle
Code, or Section 9-3 of 
19this
Code makes a showing
that the seized vehicle is the only 
20source of transportation and it is
determined that the 
21financial hardship to the family as a result of the seizure

22outweighs the benefit to the State from the seizure, the 
23vehicle may be
forfeited to the spouse or family member and the 
24title to the vehicle shall be
transferred to the spouse or 
25family member who is properly licensed and who
requires the use 
26of the vehicle for employment or family transportation

 
 
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1purposes. A written declaration of forfeiture of a vehicle 
2under this
Section shall be sufficient cause for the title to 
3be transferred to the spouse
or family member. The provisions 
4of this paragraph shall apply only to one
forfeiture per 
5vehicle. If the vehicle is the subject of a subsequent

6forfeiture proceeding by virtue of a subsequent conviction of 
7either spouse or
the family member, the spouse or family member 
8to whom the vehicle was
forfeited under the first forfeiture 
9proceeding may not utilize the
provisions of this paragraph in 
10another forfeiture proceeding. If the owner of
the vehicle 
11seized owns more than one vehicle,
the procedure set out in 
12this paragraph may be used for only one vehicle.

13 Property declared contraband under Section 40 of the 
14Illinois Streetgang
Terrorism Omnibus Prevention Act may be 
15seized and forfeited under this
Article.

16(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; 
1796-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff. 
181-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551, 
19Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11; 
2097-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

21 Section 25. The Unified Code of Corrections is amended by 
22changing Sections 5-5-3, 5-6-1, and 5-6-3 as follows:



23 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)


24 Sec. 5-5-3. Disposition. 

 
 
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1 (a) (Blank).

2 (b) (Blank). 


3 (c) (1) (Blank).


4  (2) A period of probation, a term of periodic 
5 imprisonment or
conditional discharge shall not be imposed 
6 for the following offenses.
The court shall sentence the 
7 offender to not less than the minimum term
of imprisonment 
8 set forth in this Code for the following offenses, and
may 
9 order a fine or restitution or both in conjunction with 
10 such term of
imprisonment:


11   (A) First degree murder where the death penalty is 
12 not imposed.


13   (B) Attempted first degree murder.


14   (C) A Class X felony.


15   (D) A violation of Section 401.1 or 407 of the

16 Illinois Controlled Substances Act, or a violation of 
17 subdivision (c)(1.5) or
(c)(2) of
Section 401 of that 
18 Act which relates to more than 5 grams of a substance

19 containing cocaine, fentanyl, or an analog thereof.

20   (D-5) A violation of subdivision (c)(1) of
Section 
21 401 of the Illinois Controlled Substances Act which 
22 relates to 3 or more grams of a substance
containing 
23 heroin or an analog thereof. 

24   (E) A violation of Section 5.1 or 9 of the Cannabis 
25 Control
Act.


26   (F) A Class 2 or greater felony if the offender had 
 
 
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1 been convicted
of a Class 2 or greater felony, 
2 including any state or federal conviction for an 
3 offense that contained, at the time it was committed, 
4 the same elements as an offense now (the date of the 
5 offense committed after the prior Class 2 or greater 
6 felony) classified as a Class 2 or greater felony, 
7 within 10 years of the date on which the
offender

8 committed the offense for which he or she is being 
9 sentenced, except as
otherwise provided in Section 
10 40-10 of the Alcoholism and Other Drug Abuse and

11 Dependency Act.

12   (F-5) A violation of Section 24-1, 24-1.1, or 
13 24-1.6 of the Criminal Code of 1961 or the Criminal 
14 Code of 2012 for which imprisonment is prescribed in 
15 those Sections.

16   (G) Residential burglary, except as otherwise 
17 provided in Section 40-10
of the Alcoholism and Other 
18 Drug Abuse and Dependency Act.


19   (H) Criminal sexual assault.


20   (I) Aggravated battery of a senior citizen as 
21 described in Section 12-4.6 or subdivision (a)(4) of 
22 Section 12-3.05 of the Criminal Code of 1961 or the 
23 Criminal Code of 2012.


24   (J) A forcible felony if the offense was related to 
25 the activities of an
organized gang.


26   Before July 1, 1994, for the purposes of this 
 
 
09800SB0924sam001- 164 -LRB098 05192 MLW 42432 a


1 paragraph, "organized
gang" means an association of 5 
2 or more persons, with an established hierarchy,
that 
3 encourages members of the association to perpetrate 
4 crimes or provides
support to the members of the 
5 association who do commit crimes.


6   Beginning July 1, 1994, for the purposes of this 
7 paragraph,
"organized gang" has the meaning ascribed 
8 to it in Section 10 of the Illinois
Streetgang 
9 Terrorism Omnibus Prevention Act.


10   (K) Vehicular hijacking.


11   (L) A second or subsequent conviction for the 
12 offense of hate crime
when the underlying offense upon 
13 which the hate crime is based is felony
aggravated

14 assault or felony mob action.


15   (M) A second or subsequent conviction for the 
16 offense of institutional
vandalism if the damage to the 
17 property exceeds $300.


18   (N) A Class 3 felony violation of paragraph (1) of 
19 subsection (a) of
Section 2 of the Firearm Owners 
20 Identification Card Act.


21   (O) A violation of Section 12-6.1 or 12-6.5 of the 
22 Criminal Code of 1961 or the Criminal Code of 2012.


23   (P) A violation of paragraph (1), (2), (3), (4), 
24 (5), or (7) of
subsection (a)
of Section 11-20.1 of the 
25 Criminal Code of 1961 or the Criminal Code of 2012.


26   (Q) A violation of subsection (b) or (b-5) of 
 
 
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1 Section 20-1, Section 20-1.2, or Section 20-1.3 of the 
2 Criminal Code of
1961 or the Criminal Code of 2012.


3   (R) A violation of Section 24-3A of the Criminal 
4 Code of
1961 or the Criminal Code of 2012.


5   (S) (Blank).


6   (T) A second or subsequent violation of the 
7 Methamphetamine Control and Community Protection Act.
 
8   (U) A second or subsequent violation of Section 
9 6-303 of the Illinois Vehicle Code committed while his 
10 or her driver's license, permit, or privilege was 
11 revoked because of a violation of Section 9-3 of the 
12 Criminal Code of 1961 or the Criminal Code of 2012, 
13 relating to the offense of reckless homicide, or a 
14 similar provision of a law of another state.
 
15   (V)
A violation of paragraph (4) of subsection (c) 
16 of Section 11-20.1B or paragraph (4) of subsection (c) 
17 of Section 11-20.3 of the Criminal Code of 1961, or 
18 paragraph (6) of subsection (a) of Section 11-20.1 of 
19 the Criminal Code of 2012 when the victim is under 13 
20 years of age and the defendant has previously been 
21 convicted under the laws of this State or any other 
22 state of the offense of child pornography, aggravated 
23 child pornography, aggravated criminal sexual abuse, 
24 aggravated criminal sexual assault, predatory criminal 
25 sexual assault of a child, or any of the offenses 
26 formerly known as rape, deviate sexual assault, 
 
 
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1 indecent liberties with a child, or aggravated 
2 indecent liberties with a child where the victim was 
3 under the age of 18 years or an offense that is 
4 substantially equivalent to those offenses. 
5   (W) A violation of Section 24-3.5 of the Criminal 
6 Code of 1961 or the Criminal Code of 2012.
 
7   (X) A violation of subsection (a) of Section 31-1a 
8 of the Criminal Code of 1961 or the Criminal Code of 
9 2012.
10   (Y) A conviction for unlawful possession of a 
11 firearm by a street gang member when the firearm was 
12 loaded or contained firearm ammunition. 
13   (Z) A Class 1 felony committed while he or she was 
14 serving a term of probation or conditional discharge 
15 for a felony.
16   (AA) Theft of property exceeding $500,000 and not 
17 exceeding $1,000,000 in value.
18   (BB) Laundering of criminally derived property of 
19 a value exceeding
$500,000.
20   (CC) Knowingly selling, offering for sale, holding 
21 for sale, or using 2,000 or more counterfeit items or 
22 counterfeit items having a retail value in the 
23 aggregate of $500,000 or more. 
24   (DD) A conviction for aggravated assault under 
25 paragraph (6) of subsection (c) of Section 12-2 of the 
26 Criminal Code of 1961 or the Criminal Code of 2012 if 
 
 
09800SB0924sam001- 167 -LRB098 05192 MLW 42432 a


1 the firearm is aimed toward the person against whom the 
2 firearm is being used. 

3  (3) (Blank).


4  (4) A minimum term of imprisonment of not less than 10

5 consecutive days or 30 days of community service shall be 
6 imposed for a
first violation of paragraph (c) of Section 
7 6-303 or subsection (c) of Section 6-303.5 of the Illinois 
8 Vehicle Code.


9  (4.1) (Blank).


10  (4.2) Except as provided in paragraphs (4.3) and (4.8) 
11 of this subsection (c), a
minimum of
100 hours of community 
12 service shall be imposed for a second violation of
Section 
13 6-303
or subsection (a) of Section 6-303.5 of the Illinois 
14 Vehicle Code.


15  (4.3) A minimum term of imprisonment of 30 days or 300 
16 hours of community
service, as determined by the court, 
17 shall
be imposed for a second violation of subsection (c) 
18 of Section 6-303 or subsection (c) of Section 6-303.5 of 
19 the
Illinois Vehicle Code.


20  (4.4) Except as provided in paragraphs
(4.5), (4.6), 
21 (4.6.1), (4.6.2), and (4.9) of this
subsection (c), a

22 minimum term of imprisonment of 30 days or 300 hours of 
23 community service, as
determined by the court, shall
be 
24 imposed
for a third or subsequent violation of Section 
25 6-303 or subsection (a) of Section 6-303.5 of the Illinois 
26 Vehicle
Code.


 
 
09800SB0924sam001- 168 -LRB098 05192 MLW 42432 a


1  (4.5) A minimum term of imprisonment of 30 days
shall 
2 be imposed for a third violation of subsection (c) of

3 Section 6-303 or subsection (c) of Section 6-303.5 of the 
4 Illinois Vehicle Code.


5  (4.6) A Except as provided in paragraph (4.10) of this 
6 subsection (c), a minimum term of imprisonment of 180 days 
7 shall be imposed for a
fourth, fifth, sixth, seventh, 
8 eight, or ninth or subsequent violation of subsection (c) 
9 of Section 6-303 or subsection (c) of Section 6-303.5 of 
10 the
Illinois Vehicle Code.

11  (4.6.1) A mandatory prison sentence for a Class 3 
12 felony, with no probation or conditional discharge, shall 
13 be imposed for a tenth, eleventh, twelfth, thirteenth, or 
14 fourteenth violation of subsection (c) of Section 6-303 or 
15 subsection (c) of Section 6-303.5 of the Illinois Vehicle 
16 Code. 
17  (4.6.2) A mandatory prison sentence for a Class 2 
18 felony, with no probation or conditional discharge, shall 
19 be imposed for a fifteenth or subsequent violation of 
20 subsection (c) of Section 6-303 or subsection (c) of 
21 Section 6-303.5 of the Illinois Vehicle Code. 
22  (4.7) A minimum term of imprisonment of not less than 
23 30 consecutive days, or 300 hours of community service, 
24 shall be imposed for a violation of subsection (a-5) of 
25 Section 6-303 of the Illinois Vehicle Code, as provided in 
26 subsection (b-5) of that Section, or a violation of 
 
 
09800SB0924sam001- 169 -LRB098 05192 MLW 42432 a


1 subsection (b) of Section 6-303.5 of the Illinois Vehicle 
2 Code, as provided in subsection (b)(1) of that Section.

3  (4.8) A mandatory prison sentence shall be imposed for 
4 a second violation of subsection (a-5) of Section 6-303 of 
5 the Illinois Vehicle Code, as provided in subsection (c-5) 
6 of that Section, or a violation of subsection (b) of 
7 Section 6-303.5 of the Illinois Vehicle Code, as provided 
8 in subsection (b)(2) of that Section. The person's driving 
9 privileges shall be revoked for a period of not less than 5 
10 years from the date of his or her release from prison.

11  (4.9) A mandatory prison sentence of not less than 4 
12 and not more than 15 years shall be imposed for a third 
13 violation of subsection (a-5) of Section 6-303 of the 
14 Illinois Vehicle Code, as provided in subsection (d-2.5) of 
15 that Section, or a violation of subsection (b) of Section 
16 6-303.5 of the Illinois Vehicle Code, as provided in 
17 subsection (b)(3) of that Section. The person's driving 
18 privileges shall be revoked for the remainder of his or her 
19 life.

20  (4.10) A mandatory prison sentence for a Class 1 felony 
21 shall be imposed, and the person shall be eligible for an 
22 extended term sentence, for a fourth or subsequent 
23 violation of subsection (a-5) of Section 6-303 of the 
24 Illinois Vehicle Code, as provided in subsection (d-3.5) of 
25 that Section, or a violation of subsection (b) of Section 
26 6-303.5 of the Illinois Vehicle Code, as provided in 
 
 
09800SB0924sam001- 170 -LRB098 05192 MLW 42432 a


1 subsection (b)(4) of that Section. The person's driving 
2 privileges shall be revoked for the remainder of his or her 
3 life.


4  (5) The court may sentence a corporation or 
5 unincorporated
association convicted of any offense to:


6   (A) a period of conditional discharge;


7   (B) a fine;


8   (C) make restitution to the victim under Section 
9 5-5-6 of this Code.


10  (5.1) In addition to any other penalties imposed, and 
11 except as provided in paragraph (5.2) or (5.3), a person

12 convicted of violating subsection (c) of Section 11-907 of 
13 the Illinois
Vehicle Code shall have his or her driver's 
14 license, permit, or privileges
suspended for at least 90 
15 days but not more than one year, if the violation
resulted 
16 in damage to the property of another person.


17  (5.2) In addition to any other penalties imposed, and 
18 except as provided in paragraph (5.3), a person convicted

19 of violating subsection (c) of Section 11-907 of the 
20 Illinois Vehicle Code
shall have his or her driver's 
21 license, permit, or privileges suspended for at
least 180 
22 days but not more than 2 years, if the violation resulted 
23 in injury
to
another person.


24  (5.3) In addition to any other penalties imposed, a 
25 person convicted of violating subsection (c) of Section

26 11-907 of the Illinois Vehicle Code shall have his or her 
 
 
09800SB0924sam001- 171 -LRB098 05192 MLW 42432 a


1 driver's license,
permit, or privileges suspended for 2 
2 years, if the violation resulted in the
death of another 
3 person.

4  (5.4) In addition to any other penalties imposed, a 
5 person convicted of violating Section 3-707 of the Illinois 
6 Vehicle Code shall have his or her driver's license, 
7 permit, or privileges suspended for 3 months and until he 
8 or she has paid a reinstatement fee of $100.
9  (5.5) In addition to any other penalties imposed, a 
10 person convicted of violating Section 3-707 of the Illinois 
11 Vehicle Code during a period in which his or her driver's 
12 license, permit, or privileges were suspended for a 
13 previous violation of that Section shall have his or her 
14 driver's license, permit, or privileges suspended for an 
15 additional 6 months after the expiration of the original 
16 3-month suspension and until he or she has paid a 
17 reinstatement fee of $100.


18  (6) (Blank).


19  (7) (Blank).


20  (8) (Blank).


21  (9) A defendant convicted of a second or subsequent 
22 offense of ritualized
abuse of a child may be sentenced to 
23 a term of natural life imprisonment.


24  (10) (Blank).

25  (11) The court shall impose a minimum fine of $1,000 
26 for a first offense
and $2,000 for a second or subsequent 
 
 
09800SB0924sam001- 172 -LRB098 05192 MLW 42432 a


1 offense upon a person convicted of or
placed on supervision 
2 for battery when the individual harmed was a sports

3 official or coach at any level of competition and the act 
4 causing harm to the
sports
official or coach occurred 
5 within an athletic facility or within the immediate 
6 vicinity
of the athletic facility at which the sports 
7 official or coach was an active
participant
of the athletic 
8 contest held at the athletic facility. For the purposes of

9 this paragraph (11), "sports official" means a person at an 
10 athletic contest
who enforces the rules of the contest, 
11 such as an umpire or referee; "athletic facility" means an 
12 indoor or outdoor playing field or recreational area where 
13 sports activities are conducted;
and "coach" means a person 
14 recognized as a coach by the sanctioning
authority that 
15 conducted the sporting event.
16  (12) A person may not receive a disposition of court 
17 supervision for a
violation of Section 5-16 of the Boat 
18 Registration and Safety Act if that
person has previously 
19 received a disposition of court supervision for a
violation 
20 of that Section.

21  (13) A person convicted of or placed on court 
22 supervision for an assault or aggravated assault when the 
23 victim and the offender are family or household members as 
24 defined in Section 103 of the Illinois Domestic Violence 
25 Act of 1986 or convicted of domestic battery or aggravated 
26 domestic battery may be required to attend a Partner Abuse 
 
 
09800SB0924sam001- 173 -LRB098 05192 MLW 42432 a


1 Intervention Program under protocols set forth by the 
2 Illinois Department of Human Services under such terms and 
3 conditions imposed by the court. The costs of such classes 
4 shall be paid by the offender.

5 (d) In any case in which a sentence originally imposed is 
6vacated,
the case shall be remanded to the trial court. The 
7trial court shall
hold a hearing under Section 5-4-1 of the 
8Unified Code of Corrections
which may include evidence of the 
9defendant's life, moral character and
occupation during the 
10time since the original sentence was passed. The
trial court 
11shall then impose sentence upon the defendant. The trial
court 
12may impose any sentence which could have been imposed at the

13original trial subject to Section 5-5-4 of the Unified Code of 
14Corrections.
If a sentence is vacated on appeal or on 
15collateral attack due to the
failure of the trier of fact at 
16trial to determine beyond a reasonable doubt
the
existence of a 
17fact (other than a prior conviction) necessary to increase the

18punishment for the offense beyond the statutory maximum 
19otherwise applicable,
either the defendant may be re-sentenced 
20to a term within the range otherwise
provided or, if the State 
21files notice of its intention to again seek the
extended 
22sentence, the defendant shall be afforded a new trial.

23 (e) In cases where prosecution for
aggravated criminal 
24sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
25Code of 1961 or the Criminal Code of 2012 results in conviction 
26of a defendant
who was a family member of the victim at the 
 
 
09800SB0924sam001- 174 -LRB098 05192 MLW 42432 a


1time of the commission of the
offense, the court shall consider 
2the safety and welfare of the victim and
may impose a sentence 
3of probation only where:


4  (1) the court finds (A) or (B) or both are appropriate:


5   (A) the defendant is willing to undergo a court 
6 approved counseling
program for a minimum duration of 2 
7 years; or


8   (B) the defendant is willing to participate in a 
9 court approved plan
including but not limited to the 
10 defendant's:


11    (i) removal from the household;


12    (ii) restricted contact with the victim;


13    (iii) continued financial support of the 
14 family;


15    (iv) restitution for harm done to the victim; 
16 and


17    (v) compliance with any other measures that 
18 the court may
deem appropriate; and


19  (2) the court orders the defendant to pay for the 
20 victim's counseling
services, to the extent that the court 
21 finds, after considering the
defendant's income and 
22 assets, that the defendant is financially capable of
paying 
23 for such services, if the victim was under 18 years of age 
24 at the
time the offense was committed and requires 
25 counseling as a result of the
offense.

26 Probation may be revoked or modified pursuant to Section 
 
 
09800SB0924sam001- 175 -LRB098 05192 MLW 42432 a


15-6-4; except
where the court determines at the hearing that 
2the defendant violated a
condition of his or her probation 
3restricting contact with the victim or
other family members or 
4commits another offense with the victim or other
family 
5members, the court shall revoke the defendant's probation and

6impose a term of imprisonment.

7 For the purposes of this Section, "family member" and 
8"victim" shall have
the meanings ascribed to them in Section 
911-0.1 of the Criminal Code of
2012.

10 (f) (Blank).

11 (g) Whenever a defendant is convicted of an offense under 
12Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
1311-14.3, 11-14.4 except for an offense that involves keeping a 
14place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
1511-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
1612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
17Criminal Code of 2012,
the defendant shall undergo medical 
18testing to
determine whether the defendant has any sexually 
19transmissible disease,
including a test for infection with 
20human immunodeficiency virus (HIV) or
any other identified 
21causative agent of acquired immunodeficiency syndrome
(AIDS). 
22Any such medical test shall be performed only by appropriately

23licensed medical practitioners and may include an analysis of 
24any bodily
fluids as well as an examination of the defendant's 
25person.
Except as otherwise provided by law, the results of 
26such test shall be kept
strictly confidential by all medical 
 
 
09800SB0924sam001- 176 -LRB098 05192 MLW 42432 a


1personnel involved in the testing and must
be personally 
2delivered in a sealed envelope to the judge of the court in 
3which
the conviction was entered for the judge's inspection in 
4camera. Acting in
accordance with the best interests of the 
5victim and the public, the judge
shall have the discretion to 
6determine to whom, if anyone, the results of the
testing may be 
7revealed. The court shall notify the defendant
of the test 
8results. The court shall
also notify the victim if requested by 
9the victim, and if the victim is under
the age of 15 and if 
10requested by the victim's parents or legal guardian, the
court 
11shall notify the victim's parents or legal guardian of the test

12results.
The court shall provide information on the 
13availability of HIV testing
and counseling at Department of 
14Public Health facilities to all parties to
whom the results of 
15the testing are revealed and shall direct the State's
Attorney 
16to provide the information to the victim when possible.
A 
17State's Attorney may petition the court to obtain the results 
18of any HIV test
administered under this Section, and the court 
19shall grant the disclosure if
the State's Attorney shows it is 
20relevant in order to prosecute a charge of
criminal 
21transmission of HIV under Section 12-5.01 or 12-16.2 of the 
22Criminal Code of 1961 or the Criminal Code of 2012
against the 
23defendant. The court shall order that the cost of any such test

24shall be paid by the county and may be taxed as costs against 
25the convicted
defendant.

26 (g-5) When an inmate is tested for an airborne communicable 
 
 
09800SB0924sam001- 177 -LRB098 05192 MLW 42432 a


1disease, as
determined by the Illinois Department of Public 
2Health including but not
limited to tuberculosis, the results 
3of the test shall be
personally delivered by the warden or his 
4or her designee in a sealed envelope
to the judge of the court 
5in which the inmate must appear for the judge's
inspection in 
6camera if requested by the judge. Acting in accordance with the

7best interests of those in the courtroom, the judge shall have 
8the discretion
to determine what if any precautions need to be 
9taken to prevent transmission
of the disease in the courtroom.

10 (h) Whenever a defendant is convicted of an offense under 
11Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
12defendant shall undergo
medical testing to determine whether 
13the defendant has been exposed to human
immunodeficiency virus 
14(HIV) or any other identified causative agent of
acquired 
15immunodeficiency syndrome (AIDS). Except as otherwise provided 
16by
law, the results of such test shall be kept strictly 
17confidential by all
medical personnel involved in the testing 
18and must be personally delivered in a
sealed envelope to the 
19judge of the court in which the conviction was entered
for the 
20judge's inspection in camera. Acting in accordance with the 
21best
interests of the public, the judge shall have the 
22discretion to determine to
whom, if anyone, the results of the 
23testing may be revealed. The court shall
notify the defendant 
24of a positive test showing an infection with the human

25immunodeficiency virus (HIV). The court shall provide 
26information on the
availability of HIV testing and counseling 
 
 
09800SB0924sam001- 178 -LRB098 05192 MLW 42432 a


1at Department of Public Health
facilities to all parties to 
2whom the results of the testing are revealed and
shall direct 
3the State's Attorney to provide the information to the victim 
4when
possible. A State's Attorney may petition the court to 
5obtain the results of
any HIV test administered under this 
6Section, and the court shall grant the
disclosure if the 
7State's Attorney shows it is relevant in order to prosecute a

8charge of criminal transmission of HIV under Section 12-5.01 or 
912-16.2 of the Criminal
Code of 1961 or the Criminal Code of 
102012 against the defendant. The court shall order that the cost 
11of any
such test shall be paid by the county and may be taxed as 
12costs against the
convicted defendant.

13 (i) All fines and penalties imposed under this Section for 
14any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
15Vehicle Code, or a similar
provision of a local ordinance, and 
16any violation
of the Child Passenger Protection Act, or a 
17similar provision of a local
ordinance, shall be collected and 
18disbursed by the circuit
clerk as provided under Section 27.5 
19of the Clerks of Courts Act.

20 (j) In cases when prosecution for any violation of Section 
2111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
2211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
2311-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
2411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
2512-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
26Code of 2012, any violation of the Illinois Controlled 
 
 
09800SB0924sam001- 179 -LRB098 05192 MLW 42432 a


1Substances Act,
any violation of the Cannabis Control Act, or 
2any violation of the Methamphetamine Control and Community 
3Protection Act results in conviction, a
disposition of court 
4supervision, or an order of probation granted under
Section 10 
5of the Cannabis Control Act, Section 410 of the Illinois

6Controlled Substance Act, or Section 70 of the Methamphetamine 
7Control and Community Protection Act of a defendant, the court 
8shall determine whether the
defendant is employed by a facility 
9or center as defined under the Child Care
Act of 1969, a public 
10or private elementary or secondary school, or otherwise
works 
11with children under 18 years of age on a daily basis. When a 
12defendant
is so employed, the court shall order the Clerk of 
13the Court to send a copy of
the judgment of conviction or order 
14of supervision or probation to the
defendant's employer by 
15certified mail.
If the employer of the defendant is a school, 
16the Clerk of the Court shall
direct the mailing of a copy of 
17the judgment of conviction or order of
supervision or probation 
18to the appropriate regional superintendent of schools.
The 
19regional superintendent of schools shall notify the State Board 
20of
Education of any notification under this subsection.

21 (j-5) A defendant at least 17 years of age who is convicted 
22of a felony and
who has not been previously convicted of a 
23misdemeanor or felony and who is
sentenced to a term of 
24imprisonment in the Illinois Department of Corrections
shall as 
25a condition of his or her sentence be required by the court to 
26attend
educational courses designed to prepare the defendant 
 
 
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1for a high school diploma
and to work toward a high school 
2diploma or to work toward passing the high
school level Test of 
3General Educational Development (GED) or to work toward

4completing a vocational training program offered by the 
5Department of
Corrections. If a defendant fails to complete the 
6educational training
required by his or her sentence during the 
7term of incarceration, the Prisoner
Review Board shall, as a 
8condition of mandatory supervised release, require the

9defendant, at his or her own expense, to pursue a course of 
10study toward a high
school diploma or passage of the GED test. 
11The Prisoner Review Board shall
revoke the mandatory supervised 
12release of a defendant who wilfully fails to
comply with this 
13subsection (j-5) upon his or her release from confinement in a

14penal institution while serving a mandatory supervised release 
15term; however,
the inability of the defendant after making a 
16good faith effort to obtain
financial aid or pay for the 
17educational training shall not be deemed a wilful
failure to 
18comply. The Prisoner Review Board shall recommit the defendant

19whose mandatory supervised release term has been revoked under 
20this subsection
(j-5) as provided in Section 3-3-9. This 
21subsection (j-5) does not apply to a
defendant who has a high 
22school diploma or has successfully passed the GED
test. This 
23subsection (j-5) does not apply to a defendant who is 
24determined by
the court to be developmentally disabled or 
25otherwise mentally incapable of
completing the educational or 
26vocational program.

 
 
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1 (k) (Blank).


2 (l) (A) Except as provided
in paragraph (C) of subsection 
3 (l), whenever a defendant,
who is an alien as defined by 
4 the Immigration and Nationality Act, is convicted
of any 
5 felony or misdemeanor offense, the court after sentencing 
6 the defendant
may, upon motion of the State's Attorney, 
7 hold sentence in abeyance and remand
the defendant to the 
8 custody of the Attorney General of
the United States or his 
9 or her designated agent to be deported when:


10   (1) a final order of deportation has been issued 
11 against the defendant
pursuant to proceedings under 
12 the Immigration and Nationality Act, and


13   (2) the deportation of the defendant would not 
14 deprecate the seriousness
of the defendant's conduct 
15 and would not be inconsistent with the ends of
justice.


16  Otherwise, the defendant shall be sentenced as 
17 provided in this Chapter V.


18  (B) If the defendant has already been sentenced for a 
19 felony or
misdemeanor
offense, or has been placed on 
20 probation under Section 10 of the Cannabis
Control Act,

21 Section 410 of the Illinois Controlled Substances Act, or 
22 Section 70 of the Methamphetamine Control and Community 
23 Protection Act, the court
may, upon motion of the State's 
24 Attorney to suspend the
sentence imposed, commit the 
25 defendant to the custody of the Attorney General
of the 
26 United States or his or her designated agent when:


 
 
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1   (1) a final order of deportation has been issued 
2 against the defendant
pursuant to proceedings under 
3 the Immigration and Nationality Act, and


4   (2) the deportation of the defendant would not 
5 deprecate the seriousness
of the defendant's conduct 
6 and would not be inconsistent with the ends of
justice.


7  (C) This subsection (l) does not apply to offenders who 
8 are subject to the
provisions of paragraph (2) of 
9 subsection (a) of Section 3-6-3.


10  (D) Upon motion of the State's Attorney, if a defendant 
11 sentenced under
this Section returns to the jurisdiction of 
12 the United States, the defendant
shall be recommitted to 
13 the custody of the county from which he or she was

14 sentenced.
Thereafter, the defendant shall be brought 
15 before the sentencing court, which
may impose any sentence 
16 that was available under Section 5-5-3 at the time of

17 initial sentencing. In addition, the defendant shall not be 
18 eligible for
additional sentence credit for good conduct as 
19 provided under
Section 3-6-3.

20 (m) A person convicted of criminal defacement of property 
21under Section
21-1.3 of the Criminal Code of 1961 or the 
22Criminal Code of 2012, in which the property damage exceeds 
23$300
and the property damaged is a school building, shall be 
24ordered to perform
community service that may include cleanup, 
25removal, or painting over the
defacement.

26 (n) The court may sentence a person convicted of a 
 
 
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1violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
2subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
3of 1961 or the Criminal Code of 2012 (i) to an impact

4incarceration program if the person is otherwise eligible for 
5that program
under Section 5-8-1.1, (ii) to community service, 
6or (iii) if the person is an
addict or alcoholic, as defined in 
7the Alcoholism and Other Drug Abuse and
Dependency Act, to a 
8substance or alcohol abuse program licensed under that
Act.
9 (o) Whenever a person is convicted of a sex offense as 
10defined in Section 2 of the Sex Offender Registration Act, the 
11defendant's driver's license or permit shall be subject to 
12renewal on an annual basis in accordance with the provisions of 
13license renewal established by the Secretary of State.


14(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 
1596-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article 
161, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, 
17eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; 
1897-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff. 
198-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, 
20eff. 1-25-13.)





21 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)

22 (Text of Section before amendment by P.A. 97-831)
23 Sec. 5-6-1. Sentences of Probation and of Conditional

24Discharge and Disposition of Supervision. 
The General Assembly 
25finds that in order to protect the public, the
criminal justice 
 
 
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1system must compel compliance with the conditions of probation

2by responding to violations with swift, certain and fair 
3punishments and
intermediate sanctions. The Chief Judge of each 
4circuit shall adopt a system of
structured, intermediate 
5sanctions for violations of the terms and conditions
of a 
6sentence of probation, conditional discharge or disposition of

7supervision.

8 (a) Except where specifically prohibited by other

9provisions of this Code, the court shall impose a sentence
of 
10probation or conditional discharge upon an offender
unless, 
11having regard to the nature and circumstance of
the offense, 
12and to the history, character and condition
of the offender, 
13the court is of the opinion that:


14  (1) his imprisonment or periodic imprisonment is 
15 necessary
for the protection of the public; or


16  (2) probation or conditional discharge would deprecate

17 the seriousness of the offender's conduct and would be

18 inconsistent with the ends of justice; or

19  (3) a combination of imprisonment with concurrent or 
20 consecutive probation when an offender has been admitted 
21 into a drug court program under Section 20 of the Drug 
22 Court Treatment Act is necessary for the protection of the 
23 public and for the rehabilitation of the offender.

24 The court shall impose as a condition of a sentence of 
25probation,
conditional discharge, or supervision, that the 
26probation agency may invoke any
sanction from the list of 
 
 
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1intermediate sanctions adopted by the chief judge of
the 
2circuit court for violations of the terms and conditions of the 
3sentence of
probation, conditional discharge, or supervision, 
4subject to the provisions of
Section 5-6-4 of this Act.

5 (b) The court may impose a sentence of conditional

6discharge for an offense if the court is of the opinion
that 
7neither a sentence of imprisonment nor of periodic
imprisonment 
8nor of probation supervision is appropriate.

9 (b-1) Subsections (a) and (b) of this Section do not apply 
10to a defendant charged with a misdemeanor or felony under the 
11Illinois Vehicle Code or reckless homicide under Section 9-3 of 
12the Criminal Code of 1961 or the Criminal Code of 2012 if the 
13defendant within the past 12 months has been convicted of or 
14pleaded guilty to a misdemeanor or felony under the Illinois 
15Vehicle Code or reckless homicide under Section 9-3 of the 
16Criminal Code of 1961 or the Criminal Code of 2012.
17 (c) The court may, upon a plea of guilty or a stipulation

18by the defendant of the facts supporting the charge or a

19finding of guilt, defer further proceedings and the
imposition 
20of a sentence, and enter an order for supervision of the 
21defendant,
if the defendant is not charged with: (i) a Class A 
22misdemeanor, as
defined by the following provisions of the 
23Criminal Code of 1961 or the Criminal Code of 2012: Sections

2411-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; 
2531-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;

26paragraph (1) through (5), (8), (10), and (11) of subsection 
 
 
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1(a) of Section
24-1; (ii) a Class A misdemeanor violation of 
2Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals 
3Act; or (iii)
a felony.
If the defendant
is not barred from 
4receiving an order for supervision as provided in this

5subsection, the court may enter an order for supervision after 
6considering the
circumstances of the offense, and the history,

7character and condition of the offender, if the court is of the 
8opinion
that:


9  (1) the offender is not likely to commit further 
10 crimes;


11  (2) the defendant and the public would be best served 
12 if the
defendant were not to receive a criminal record; and


13  (3) in the best interests of justice an order of 
14 supervision
is more appropriate than a sentence otherwise 
15 permitted under this Code.

16 (c-5) Subsections (a), (b), and (c) of this Section do not 
17apply to a defendant charged with a second or subsequent 
18violation of Section 6-303, 6-303.5, or a combination thereof 
19of the Illinois Vehicle Code committed while his or her 
20driver's license, permit or privileges were revoked because of 
21a violation of Section 9-3 of the Criminal Code of 1961 or the 
22Criminal Code of 2012, relating to the offense of reckless 
23homicide, or a similar provision of a law of another state.

24 (d) The provisions of paragraph (c) shall not apply to a 
25defendant charged
with violating Section 11-501 of the Illinois 
26Vehicle Code or a similar
provision of a local
ordinance when 
 
 
09800SB0924sam001- 187 -LRB098 05192 MLW 42432 a


1the defendant has previously been:


2  (1) convicted for a violation of Section 11-501 of
the 
3 Illinois Vehicle
Code or a similar provision of a
local 
4 ordinance or any similar law or ordinance of another state; 
5 or


6  (2) assigned supervision for a violation of Section 
7 11-501 of the Illinois
Vehicle Code or a similar provision 
8 of a local ordinance or any similar law
or ordinance of 
9 another state; or


10  (3) pleaded guilty to or stipulated to the facts 
11 supporting
a charge or a finding of guilty to a violation 
12 of Section 11-503 of the
Illinois Vehicle Code or a similar 
13 provision of a local ordinance or any
similar law or 
14 ordinance of another state, and the
plea or stipulation was 
15 the result of a plea agreement.

16 The court shall consider the statement of the prosecuting

17authority with regard to the standards set forth in this 
18Section.

19 (e) The provisions of paragraph (c) shall not apply to a 
20defendant
charged with violating Section 16-25 or 16A-3 of the 
21Criminal Code of 1961 or the Criminal Code of 2012 if said

22defendant has within the last 5 years been:


23  (1) convicted for a violation of Section 16-25 or 16A-3 
24 of the Criminal Code of
1961 or the Criminal Code of 2012; 
25 or


26  (2) assigned supervision for a violation of Section 
 
 
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1 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal 
2 Code of 2012.

3 The court shall consider the statement of the prosecuting 
4authority with
regard to the standards set forth in this 
5Section.

6 (f) The provisions of paragraph (c) shall not apply to a 
7defendant
charged with violating Sections 15-111, 15-112, 
815-301, paragraph (b)
of Section 6-104, Section 11-605, Section 
911-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a 
10similar provision of a local ordinance.

11 (g) Except as otherwise provided in paragraph (i) of this 
12Section, the
provisions of paragraph (c) shall not apply to a

13defendant charged with violating Section
3-707, 3-708, 3-710, 
14or 5-401.3
of the Illinois Vehicle Code or a similar provision 
15of a local ordinance if the
defendant has within the last 5 
16years been:


17  (1) convicted for a violation of Section 3-707, 3-708, 
18 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar 
19 provision of a local
ordinance; or


20  (2) assigned supervision for a violation of Section 
21 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle 
22 Code or a similar provision of a local
ordinance.

23 The court shall consider the statement of the prosecuting 
24authority with
regard to the standards set forth in this 
25Section.

26 (h) The provisions of paragraph (c) shall not apply to a 
 
 
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1defendant under
the age of 21 years charged with violating a 
2serious traffic offense as defined
in Section 1-187.001 of the 
3Illinois Vehicle Code:


4  (1) unless the defendant, upon payment of the fines, 
5 penalties, and costs
provided by law, agrees to attend and 
6 successfully complete a traffic safety
program approved by 
7 the court under standards set by the Conference of Chief

8 Circuit Judges. The accused shall be responsible for 
9 payment of any traffic
safety program fees. If the accused 
10 fails to file a certificate of
successful completion on or 
11 before the termination date of the supervision
order, the 
12 supervision shall be summarily revoked and conviction 
13 entered. The
provisions of Supreme Court Rule 402 relating 
14 to pleas of guilty do not apply
in cases when a defendant 
15 enters a guilty plea under this provision; or


16  (2) if the defendant has previously been sentenced 
17 under the provisions of
paragraph (c) on or after January 
18 1, 1998 for any serious traffic offense as
defined in 
19 Section 1-187.001 of the Illinois Vehicle Code.

20 (h-1) The provisions of paragraph (c) shall not apply to a 
21defendant under the age of 21 years charged with an offense 
22against traffic regulations governing the movement of vehicles 
23or any violation of Section 6-107 or Section 12-603.1 of the 
24Illinois Vehicle Code, unless the defendant, upon payment of 
25the fines, penalties, and costs provided by law, agrees to 
26attend and successfully complete a traffic safety program 
 
 
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1approved by the court under standards set by the Conference of 
2Chief Circuit Judges. The accused shall be responsible for 
3payment of any traffic safety program fees. If the accused 
4fails to file a certificate of successful completion on or 
5before the termination date of the supervision order, the 
6supervision shall be summarily revoked and conviction entered. 
7The provisions of Supreme Court Rule 402 relating to pleas of 
8guilty do not apply in cases when a defendant enters a guilty 
9plea under this provision.

10 (i) The provisions of paragraph (c) shall not apply to a 
11defendant charged
with violating Section 3-707 of the Illinois 
12Vehicle Code or a similar
provision of a local ordinance if the 
13defendant has been assigned supervision
for a violation of 
14Section 3-707 of the Illinois Vehicle Code or a similar

15provision of a local ordinance.

16 (j) The provisions of paragraph (c) shall not apply to a

17defendant charged with violating
Section 6-303 or 6-303.5 of 
18the Illinois Vehicle Code or a similar provision of
a local 
19ordinance when the revocation or suspension was for a violation 
20of
Section 11-501 or a similar provision of a local ordinance 
21or a violation of
Section 11-501.1 or paragraph (b) of Section 
2211-401 of the Illinois Vehicle
Code if the
defendant has within 
23the last 10 years been:


24  (1) convicted for a violation of Section 6-303 or 
25 6-303.5 of the Illinois Vehicle
Code or a similar provision 
26 of a local ordinance; or


 
 
09800SB0924sam001- 191 -LRB098 05192 MLW 42432 a


1  (2) assigned supervision for a violation of Section 
2 6-303 or 6-303.5 of the Illinois
Vehicle Code or a similar 
3 provision of a local ordinance.
4 (k) The provisions of paragraph (c) shall not apply to a

5defendant charged with violating
any provision of the Illinois 
6Vehicle Code or a similar provision of a local ordinance that 
7governs the movement of vehicles if, within the 12 months 
8preceding the date of the defendant's arrest, the defendant has 
9been assigned court supervision on 2 occasions for a violation 
10that governs the movement of vehicles under the Illinois 
11Vehicle Code or a similar provision of a local ordinance.
The 
12provisions of this paragraph (k) do not apply to a defendant 
13charged with violating Section 11-501 of the Illinois Vehicle 
14Code or a similar provision of a local ordinance.

15 (l) A defendant charged with violating any provision of the 
16Illinois Vehicle Code or a similar provision of a local 
17ordinance who receives a disposition of supervision under 
18subsection (c) shall pay an additional fee of $29, to be 
19collected as provided in Sections 27.5 and 27.6 of the Clerks 
20of Courts Act. In addition to the $29 fee, the person shall 
21also pay a fee of $6, which, if not waived by the court, shall 
22be collected as provided in Sections 27.5 and 27.6 of the 
23Clerks of Courts Act. The $29 fee shall be disbursed as 
24provided in Section 16-104c of the Illinois Vehicle Code. If 
25the $6 fee is collected, $5.50 of the fee shall be deposited 
26into the Circuit Court Clerk Operation and Administrative Fund 
 
 
09800SB0924sam001- 192 -LRB098 05192 MLW 42432 a


1created by the Clerk of the Circuit Court and 50 cents of the 
2fee shall be deposited into the Prisoner Review Board Vehicle 
3and Equipment Fund in the State treasury.

4 (m) Any person convicted of, pleading guilty to, or placed 
5on supervision for a serious traffic violation, as defined in 
6Section 1-187.001 of the Illinois Vehicle Code, a violation of 
7Section 11-501 of the Illinois Vehicle Code, or a violation of 
8a similar provision of a local ordinance shall pay an 
9additional fee of $35, to be disbursed as provided in Section 
1016-104d of that Code.
11 This subsection (m) becomes inoperative 7 years after 
12October 13, 2007 (the effective date of Public Act 95-154).

13 (n)
The provisions of paragraph (c) shall not apply to any 
14person under the age of 18 who commits an offense against 
15traffic regulations governing the movement of vehicles or any 
16violation of Section 6-107 or Section 12-603.1 of the Illinois 
17Vehicle Code, except upon personal appearance of the defendant 
18in court and upon the written consent of the defendant's parent 
19or legal guardian, executed before the presiding judge. The 
20presiding judge shall have the authority to waive this 
21requirement upon the showing of good cause by the defendant.

22 (o)
The provisions of paragraph (c) shall not apply to a 
23defendant charged with violating Section 6-303 of the Illinois 
24Vehicle Code or a similar provision of a local ordinance when 
25the suspension was for a violation of Section 11-501.1 of the 
26Illinois Vehicle Code and when:
 
 
09800SB0924sam001- 193 -LRB098 05192 MLW 42432 a


1  (1) at the time of the violation of Section 11-501.1 of 
2 the Illinois Vehicle Code, the defendant was a first 
3 offender pursuant to Section 11-500 of the Illinois Vehicle 
4 Code and the defendant failed to obtain a monitoring device 
5 driving permit; or
6  (2) at the time of the violation of Section 11-501.1 of 
7 the Illinois Vehicle Code, the defendant was a first 
8 offender pursuant to Section 11-500 of the Illinois Vehicle 
9 Code, had subsequently obtained a monitoring device 
10 driving permit, but was driving a vehicle not equipped with 
11 a breath alcohol ignition interlock device as defined in 
12 Section 1-129.1 of the Illinois Vehicle Code.

13 (p) The provisions of paragraph (c) shall not apply to a 
14defendant charged with violating subsection (b) of Section 
1511-601.5 of the Illinois Vehicle Code or a similar provision of 
16a local ordinance. 
17 (r) The provisions of subsection (c) of this Section shall 
18not apply to a defendant charged with violating Section 6-303.5 
19of the Illinois Vehicle Code or a similar provision of a local 
20ordinance when the defendant was eligible for, but failed to 
21obtain, an ignition interlock permit or had obtained an 
22ignition interlock permit, but was driving a vehicle not 
23equipped with a breath alcohol ignition interlock device as 
24defined in Section 1-129.1 of the Illinois Vehicle Code. 
25(Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09; 
2696-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff. 
 
 
09800SB0924sam001- 194 -LRB098 05192 MLW 42432 a


17-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551, 
2eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; 
397-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)

4 (Text of Section after amendment by P.A. 97-831)
5 Sec. 5-6-1. Sentences of Probation and of Conditional

6Discharge and Disposition of Supervision. 
The General Assembly 
7finds that in order to protect the public, the
criminal justice 
8system must compel compliance with the conditions of probation

9by responding to violations with swift, certain and fair 
10punishments and
intermediate sanctions. The Chief Judge of each 
11circuit shall adopt a system of
structured, intermediate 
12sanctions for violations of the terms and conditions
of a 
13sentence of probation, conditional discharge or disposition of

14supervision.

15 (a) Except where specifically prohibited by other

16provisions of this Code, the court shall impose a sentence
of 
17probation or conditional discharge upon an offender
unless, 
18having regard to the nature and circumstance of
the offense, 
19and to the history, character and condition
of the offender, 
20the court is of the opinion that:


21  (1) his imprisonment or periodic imprisonment is 
22 necessary
for the protection of the public; or


23  (2) probation or conditional discharge would deprecate

24 the seriousness of the offender's conduct and would be

25 inconsistent with the ends of justice; or

 
 
09800SB0924sam001- 195 -LRB098 05192 MLW 42432 a


1  (3) a combination of imprisonment with concurrent or 
2 consecutive probation when an offender has been admitted 
3 into a drug court program under Section 20 of the Drug 
4 Court Treatment Act is necessary for the protection of the 
5 public and for the rehabilitation of the offender.

6 The court shall impose as a condition of a sentence of 
7probation,
conditional discharge, or supervision, that the 
8probation agency may invoke any
sanction from the list of 
9intermediate sanctions adopted by the chief judge of
the 
10circuit court for violations of the terms and conditions of the 
11sentence of
probation, conditional discharge, or supervision, 
12subject to the provisions of
Section 5-6-4 of this Act.

13 (b) The court may impose a sentence of conditional

14discharge for an offense if the court is of the opinion
that 
15neither a sentence of imprisonment nor of periodic
imprisonment 
16nor of probation supervision is appropriate.

17 (b-1) Subsections (a) and (b) of this Section do not apply 
18to a defendant charged with a misdemeanor or felony under the 
19Illinois Vehicle Code or reckless homicide under Section 9-3 of 
20the Criminal Code of 1961 or the Criminal Code of 2012 if the 
21defendant within the past 12 months has been convicted of or 
22pleaded guilty to a misdemeanor or felony under the Illinois 
23Vehicle Code or reckless homicide under Section 9-3 of the 
24Criminal Code of 1961 or the Criminal Code of 2012.
25 (c) The court may, upon a plea of guilty or a stipulation

26by the defendant of the facts supporting the charge or a

 
 
09800SB0924sam001- 196 -LRB098 05192 MLW 42432 a


1finding of guilt, defer further proceedings and the
imposition 
2of a sentence, and enter an order for supervision of the 
3defendant,
if the defendant is not charged with: (i) a Class A 
4misdemeanor, as
defined by the following provisions of the 
5Criminal Code of 1961 or the Criminal Code of 2012: Sections

611-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; 
731-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;

8paragraph (1) through (5), (8), (10), and (11) of subsection 
9(a) of Section
24-1; (ii) a Class A misdemeanor violation of 
10Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals 
11Act; or (iii)
a felony.
If the defendant
is not barred from 
12receiving an order for supervision as provided in this

13subsection, the court may enter an order for supervision after 
14considering the
circumstances of the offense, and the history,

15character and condition of the offender, if the court is of the 
16opinion
that:


17  (1) the offender is not likely to commit further 
18 crimes;


19  (2) the defendant and the public would be best served 
20 if the
defendant were not to receive a criminal record; and


21  (3) in the best interests of justice an order of 
22 supervision
is more appropriate than a sentence otherwise 
23 permitted under this Code.

24 (c-5) Subsections (a), (b), and (c) of this Section do not 
25apply to a defendant charged with a second or subsequent 
26violation of Section 6-303, 6-303.5, or combination thereof of 
 
 
09800SB0924sam001- 197 -LRB098 05192 MLW 42432 a


1the Illinois Vehicle Code committed while his or her driver's 
2license, permit or privileges were revoked because of a 
3violation of Section 9-3 of the Criminal Code of 1961 or the 
4Criminal Code of 2012, relating to the offense of reckless 
5homicide, or a similar provision of a law of another state.

6 (d) The provisions of paragraph (c) shall not apply to a 
7defendant charged
with violating Section 11-501 of the Illinois 
8Vehicle Code or a similar
provision of a local
ordinance when 
9the defendant has previously been:


10  (1) convicted for a violation of Section 11-501 of
the 
11 Illinois Vehicle
Code or a similar provision of a
local 
12 ordinance or any similar law or ordinance of another state; 
13 or


14  (2) assigned supervision for a violation of Section 
15 11-501 of the Illinois
Vehicle Code or a similar provision 
16 of a local ordinance or any similar law
or ordinance of 
17 another state; or


18  (3) pleaded guilty to or stipulated to the facts 
19 supporting
a charge or a finding of guilty to a violation 
20 of Section 11-503 of the
Illinois Vehicle Code or a similar 
21 provision of a local ordinance or any
similar law or 
22 ordinance of another state, and the
plea or stipulation was 
23 the result of a plea agreement.

24 The court shall consider the statement of the prosecuting

25authority with regard to the standards set forth in this 
26Section.

 
 
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1 (e) The provisions of paragraph (c) shall not apply to a 
2defendant
charged with violating Section 16-25 or 16A-3 of the 
3Criminal Code of 1961 or the Criminal Code of 2012 if said

4defendant has within the last 5 years been:


5  (1) convicted for a violation of Section 16-25 or 16A-3 
6 of the Criminal Code of
1961 or the Criminal Code of 2012; 
7 or


8  (2) assigned supervision for a violation of Section 
9 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal 
10 Code of 2012.

11 The court shall consider the statement of the prosecuting 
12authority with
regard to the standards set forth in this 
13Section.

14 (f) The provisions of paragraph (c) shall not apply to a 
15defendant
charged with violating Sections 15-111, 15-112, 
1615-301, paragraph (b)
of Section 6-104, Section 11-605, Section 
1711-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a 
18similar provision of a local ordinance.

19 (g) Except as otherwise provided in paragraph (i) of this 
20Section, the
provisions of paragraph (c) shall not apply to a

21defendant charged with violating Section
3-707, 3-708, 3-710, 
22or 5-401.3
of the Illinois Vehicle Code or a similar provision 
23of a local ordinance if the
defendant has within the last 5 
24years been:


25  (1) convicted for a violation of Section 3-707, 3-708, 
26 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar 
 
 
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1 provision of a local
ordinance; or


2  (2) assigned supervision for a violation of Section 
3 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle 
4 Code or a similar provision of a local
ordinance.

5 The court shall consider the statement of the prosecuting 
6authority with
regard to the standards set forth in this 
7Section.

8 (h) The provisions of paragraph (c) shall not apply to a 
9defendant under
the age of 21 years charged with violating a 
10serious traffic offense as defined
in Section 1-187.001 of the 
11Illinois Vehicle Code:


12  (1) unless the defendant, upon payment of the fines, 
13 penalties, and costs
provided by law, agrees to attend and 
14 successfully complete a traffic safety
program approved by 
15 the court under standards set by the Conference of Chief

16 Circuit Judges. The accused shall be responsible for 
17 payment of any traffic
safety program fees. If the accused 
18 fails to file a certificate of
successful completion on or 
19 before the termination date of the supervision
order, the 
20 supervision shall be summarily revoked and conviction 
21 entered. The
provisions of Supreme Court Rule 402 relating 
22 to pleas of guilty do not apply
in cases when a defendant 
23 enters a guilty plea under this provision; or


24  (2) if the defendant has previously been sentenced 
25 under the provisions of
paragraph (c) on or after January 
26 1, 1998 for any serious traffic offense as
defined in 
 
 
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1 Section 1-187.001 of the Illinois Vehicle Code.

2 (h-1) The provisions of paragraph (c) shall not apply to a 
3defendant under the age of 21 years charged with an offense 
4against traffic regulations governing the movement of vehicles 
5or any violation of Section 6-107 or Section 12-603.1 of the 
6Illinois Vehicle Code, unless the defendant, upon payment of 
7the fines, penalties, and costs provided by law, agrees to 
8attend and successfully complete a traffic safety program 
9approved by the court under standards set by the Conference of 
10Chief Circuit Judges. The accused shall be responsible for 
11payment of any traffic safety program fees. If the accused 
12fails to file a certificate of successful completion on or 
13before the termination date of the supervision order, the 
14supervision shall be summarily revoked and conviction entered. 
15The provisions of Supreme Court Rule 402 relating to pleas of 
16guilty do not apply in cases when a defendant enters a guilty 
17plea under this provision.

18 (i) The provisions of paragraph (c) shall not apply to a 
19defendant charged
with violating Section 3-707 of the Illinois 
20Vehicle Code or a similar
provision of a local ordinance if the 
21defendant has been assigned supervision
for a violation of 
22Section 3-707 of the Illinois Vehicle Code or a similar

23provision of a local ordinance.

24 (j) The provisions of paragraph (c) shall not apply to a

25defendant charged with violating
Section 6-303 or 6-303.5 of 
26the Illinois Vehicle Code or a similar provision of
a local 
 
 
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1ordinance when the revocation or suspension was for a violation 
2of
Section 11-501 or a similar provision of a local ordinance 
3or a violation of
Section 11-501.1 or paragraph (b) of Section 
411-401 of the Illinois Vehicle
Code if the
defendant has within 
5the last 10 years been:


6  (1) convicted for a violation of Section 6-303 or 
7 6-303.5 of the Illinois Vehicle
Code or a similar provision 
8 of a local ordinance; or


9  (2) assigned supervision for a violation of Section 
10 6-303 or 6-303.5 of the Illinois
Vehicle Code or a similar 
11 provision of a local ordinance.
12 (k) The provisions of paragraph (c) shall not apply to a

13defendant charged with violating
any provision of the Illinois 
14Vehicle Code or a similar provision of a local ordinance that 
15governs the movement of vehicles if, within the 12 months 
16preceding the date of the defendant's arrest, the defendant has 
17been assigned court supervision on 2 occasions for a violation 
18that governs the movement of vehicles under the Illinois 
19Vehicle Code or a similar provision of a local ordinance.
The 
20provisions of this paragraph (k) do not apply to a defendant 
21charged with violating Section 11-501 of the Illinois Vehicle 
22Code or a similar provision of a local ordinance.

23 (l) A defendant charged with violating any provision of the 
24Illinois Vehicle Code or a similar provision of a local 
25ordinance who receives a disposition of supervision under 
26subsection (c) shall pay an additional fee of $29, to be 
 
 
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1collected as provided in Sections 27.5 and 27.6 of the Clerks 
2of Courts Act. In addition to the $29 fee, the person shall 
3also pay a fee of $6, which, if not waived by the court, shall 
4be collected as provided in Sections 27.5 and 27.6 of the 
5Clerks of Courts Act. The $29 fee shall be disbursed as 
6provided in Section 16-104c of the Illinois Vehicle Code. If 
7the $6 fee is collected, $5.50 of the fee shall be deposited 
8into the Circuit Court Clerk Operation and Administrative Fund 
9created by the Clerk of the Circuit Court and 50 cents of the 
10fee shall be deposited into the Prisoner Review Board Vehicle 
11and Equipment Fund in the State treasury.

12 (m) Any person convicted of, pleading guilty to, or placed 
13on supervision for a serious traffic violation, as defined in 
14Section 1-187.001 of the Illinois Vehicle Code, a violation of 
15Section 11-501 of the Illinois Vehicle Code, or a violation of 
16a similar provision of a local ordinance shall pay an 
17additional fee of $35, to be disbursed as provided in Section 
1816-104d of that Code.
19 This subsection (m) becomes inoperative 7 years after 
20October 13, 2007 (the effective date of Public Act 95-154).

21 (n)
The provisions of paragraph (c) shall not apply to any 
22person under the age of 18 who commits an offense against 
23traffic regulations governing the movement of vehicles or any 
24violation of Section 6-107 or Section 12-603.1 of the Illinois 
25Vehicle Code, except upon personal appearance of the defendant 
26in court and upon the written consent of the defendant's parent 
 
 
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1or legal guardian, executed before the presiding judge. The 
2presiding judge shall have the authority to waive this 
3requirement upon the showing of good cause by the defendant.

4 (o)
The provisions of paragraph (c) shall not apply to a 
5defendant charged with violating Section 6-303 of the Illinois 
6Vehicle Code or a similar provision of a local ordinance when 
7the suspension was for a violation of Section 11-501.1 of the 
8Illinois Vehicle Code and when:
9  (1) at the time of the violation of Section 11-501.1 of 
10 the Illinois Vehicle Code, the defendant was a first 
11 offender pursuant to Section 11-500 of the Illinois Vehicle 
12 Code and the defendant failed to obtain a monitoring device 
13 driving permit; or
14  (2) at the time of the violation of Section 11-501.1 of 
15 the Illinois Vehicle Code, the defendant was a first 
16 offender pursuant to Section 11-500 of the Illinois Vehicle 
17 Code, had subsequently obtained a monitoring device 
18 driving permit, but was driving a vehicle not equipped with 
19 a breath alcohol ignition interlock device as defined in 
20 Section 1-129.1 of the Illinois Vehicle Code.

21 (p) The provisions of paragraph (c) shall not apply to a 
22defendant charged with violating Section 11-601.5 of the 
23Illinois Vehicle Code or a similar provision of a local 
24ordinance. 
25 (q) The provisions of paragraph (c) shall not apply to a 
26defendant charged with violating subsection (b) of Section 
 
 
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111-601 of the Illinois Vehicle Code when the defendant was 
2operating a vehicle, in an urban district, at a speed in excess 
3of 25 miles per hour over the posted speed limit. 
4 (r) The provisions of subsection (c) of this Section shall 
5not apply to a defendant charged with violating Section 6-303.5 
6of the Illinois Vehicle Code or a similar provision of a local 
7ordinance when the defendant was eligible for, but failed to 
8obtain, an ignition interlock permit or had obtained an 
9ignition interlock permit, but was driving a vehicle not 
10equipped with a breath alcohol ignition interlock device as 
11defined in Section 1-129.1 of the Illinois Vehicle Code. 
12(Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09; 
1396-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff. 
147-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551, 
15eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; 97-831, 
16eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)

17 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
18 Sec. 5-6-3. Conditions of Probation and of Conditional 
19Discharge.

20 (a) The conditions of probation and of conditional 
21discharge shall be
that the person:


22  (1) not violate any criminal statute of any 
23 jurisdiction;


24  (2) report to or appear in person before such person or 
25 agency as
directed by the court;


 
 
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1  (3) refrain from possessing a firearm or other 
2 dangerous weapon where the offense is a felony or, if a 
3 misdemeanor, the offense involved the intentional or 
4 knowing infliction of bodily harm or threat of bodily harm;


5  (4) not leave the State without the consent of the 
6 court or, in
circumstances in which the reason for the 
7 absence is of such an emergency
nature that prior consent 
8 by the court is not possible, without the prior

9 notification and approval of the person's probation

10 officer. Transfer of a person's probation or conditional 
11 discharge
supervision to another state is subject to 
12 acceptance by the other state
pursuant to the Interstate 
13 Compact for Adult Offender Supervision;


14  (5) permit the probation officer to visit
him at his 
15 home or elsewhere
to the extent necessary to discharge his 
16 duties;


17  (6) perform no less than 30 hours of community service 
18 and not more than
120 hours of community service, if 
19 community service is available in the
jurisdiction and is 
20 funded and approved by the county board where the offense

21 was committed, where the offense was related to or in 
22 furtherance of the
criminal activities of an organized gang 
23 and was motivated by the offender's
membership in or 
24 allegiance to an organized gang. The community service 
25 shall
include, but not be limited to, the cleanup and 
26 repair of any damage caused by
a violation of Section 
 
 
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1 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
2 2012 and similar damage
to property located within the 
3 municipality or county in which the violation
occurred. 
4 When possible and reasonable, the community service should 
5 be
performed in the offender's neighborhood. For purposes 
6 of this Section,
"organized gang" has the meaning ascribed 
7 to it in Section 10 of the Illinois
Streetgang Terrorism 
8 Omnibus Prevention Act;


9  (7) if he or she is at least 17 years of age and has 
10 been sentenced to
probation or conditional discharge for a 
11 misdemeanor or felony in a county of
3,000,000 or more 
12 inhabitants and has not been previously convicted of a

13 misdemeanor or felony, may be required by the sentencing 
14 court to attend
educational courses designed to prepare the 
15 defendant for a high school diploma
and to work toward a 
16 high school diploma or to work toward passing the high

17 school level Test of General Educational Development (GED) 
18 or to work toward
completing a vocational training program 
19 approved by the court. The person on
probation or 
20 conditional discharge must attend a public institution of

21 education to obtain the educational or vocational training 
22 required by this
clause (7). The court shall revoke the 
23 probation or conditional discharge of a
person who wilfully 
24 fails to comply with this clause (7). The person on

25 probation or conditional discharge shall be required to pay 
26 for the cost of the
educational courses or GED test, if a 
 
 
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1 fee is charged for those courses or
test. The court shall 
2 resentence the offender whose probation or conditional

3 discharge has been revoked as provided in Section 5-6-4. 
4 This clause (7) does
not apply to a person who has a high 
5 school diploma or has successfully passed
the GED test. 
6 This clause (7) does not apply to a person who is 
7 determined by
the court to be developmentally disabled or 
8 otherwise mentally incapable of
completing the educational 
9 or vocational program;


10  (8) if convicted of possession of a substance 
11 prohibited
by the Cannabis Control Act, the Illinois 
12 Controlled Substances Act, or the Methamphetamine Control 
13 and Community Protection Act
after a previous conviction or 
14 disposition of supervision for possession of a
substance 
15 prohibited by the Cannabis Control Act or Illinois 
16 Controlled
Substances Act or after a sentence of probation 
17 under Section 10 of the
Cannabis
Control Act, Section 410 
18 of the Illinois Controlled Substances Act, or Section 70 of 
19 the Methamphetamine Control and Community Protection Act 
20 and upon a
finding by the court that the person is 
21 addicted, undergo treatment at a
substance abuse program 
22 approved by the court;


23  (8.5) if convicted of a felony sex offense as defined 
24 in the Sex
Offender
Management Board Act, the person shall 
25 undergo and successfully complete sex
offender treatment 
26 by a treatment provider approved by the Board and conducted

 
 
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1 in conformance with the standards developed under the Sex

2 Offender Management Board Act;

3  (8.6) if convicted of a sex offense as defined in the 
4 Sex Offender Management Board Act, refrain from residing at 
5 the same address or in the same condominium unit or 
6 apartment unit or in the same condominium complex or 
7 apartment complex with another person he or she knows or 
8 reasonably should know is a convicted sex offender or has 
9 been placed on supervision for a sex offense; the 
10 provisions of this paragraph do not apply to a person 
11 convicted of a sex offense who is placed in a Department of 
12 Corrections licensed transitional housing facility for sex 
13 offenders;
14  (8.7) if convicted for an offense committed on or after 
15 June 1, 2008 (the effective date of Public Act 95-464) that 
16 would qualify the accused as a child sex offender as 
17 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
18 1961 or the Criminal Code of 2012, refrain from 
19 communicating with or contacting, by means of the Internet, 
20 a person who is not related to the accused and whom the 
21 accused reasonably believes to be under 18 years of age; 
22 for purposes of this paragraph (8.7), "Internet" has the 
23 meaning ascribed to it in Section 16-0.1 of the Criminal 
24 Code of 2012; and a person is not related to the accused if 
25 the person is not: (i) the spouse, brother, or sister of 
26 the accused; (ii) a descendant of the accused; (iii) a 
 
 
09800SB0924sam001- 209 -LRB098 05192 MLW 42432 a


1 first or second cousin of the accused; or (iv) a step-child 
2 or adopted child of the accused;
3  (8.8) if convicted for an offense under Section 11-6, 
4 11-9.1, 11-14.4 that involves soliciting for a juvenile 
5 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
6 of the Criminal Code of 1961 or the Criminal Code of 2012, 
7 or any attempt to commit any of these offenses, committed 
8 on or after June 1, 2009 (the effective date of Public Act 
9 95-983):
10   (i) not access or use a computer or any other 
11 device with Internet capability without the prior 
12 written approval of the offender's probation officer, 
13 except in connection with the offender's employment or 
14 search for employment with the prior approval of the 
15 offender's probation officer;
16   (ii) submit to periodic unannounced examinations 
17 of the offender's computer or any other device with 
18 Internet capability by the offender's probation 
19 officer, a law enforcement officer, or assigned 
20 computer or information technology specialist, 
21 including the retrieval and copying of all data from 
22 the computer or device and any internal or external 
23 peripherals and removal of such information, 
24 equipment, or device to conduct a more thorough 
25 inspection;
26   (iii) submit to the installation on the offender's 
 
 
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1 computer or device with Internet capability, at the 
2 offender's expense, of one or more hardware or software 
3 systems to monitor the Internet use; and
4   (iv) submit to any other appropriate restrictions 
5 concerning the offender's use of or access to a 
6 computer or any other device with Internet capability 
7 imposed by the offender's probation officer; 
8  (8.9) if convicted of a sex offense as defined in the 
9 Sex Offender
Registration Act committed on or after January 
10 1, 2010 (the effective date of Public Act 96-262), refrain 
11 from accessing or using a social networking website as 
12 defined in Section 17-0.5 of the Criminal Code of 2012;

13  (9) if convicted of a felony or of any misdemeanor 
14 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
15 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
16 2012 that was determined, pursuant to Section 112A-11.1 of 
17 the Code of Criminal Procedure of 1963, to trigger the 
18 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
19 at a time and place
designated by the court, his or her 
20 Firearm
Owner's Identification Card and
any and all 
21 firearms in
his or her possession. The Court shall return 
22 to the Department of State Police Firearm Owner's 
23 Identification Card Office the person's Firearm Owner's 
24 Identification Card;


25  (10) if convicted of a sex offense as defined in 
26 subsection (a-5) of Section 3-1-2 of this Code, unless the 
 
 
09800SB0924sam001- 211 -LRB098 05192 MLW 42432 a


1 offender is a parent or guardian of the person under 18 
2 years of age present in the home and no non-familial minors 
3 are present, not participate in a holiday event involving 
4 children under 18 years of age, such as distributing candy 
5 or other items to children on Halloween, wearing a Santa 
6 Claus costume on or preceding Christmas, being employed as 
7 a department store Santa Claus, or wearing an Easter Bunny 
8 costume on or preceding Easter; 
9  (11) if convicted of a sex offense as defined in 
10 Section 2 of the Sex Offender Registration Act committed on 
11 or after January 1, 2010 (the effective date of Public Act 
12 96-362) that requires the person to register as a sex 
13 offender under that Act, may not knowingly use any computer 
14 scrub software on any computer that the sex offender uses; 
15 and 
16  (12) if convicted of a violation of the Methamphetamine 
17 Control and Community Protection Act, the Methamphetamine

18 Precursor Control Act, or a methamphetamine related 
19 offense:
20   (A) prohibited from purchasing, possessing, or 
21 having under his or her control any product containing 
22 pseudoephedrine unless prescribed by a physician; and
23   (B) prohibited from purchasing, possessing, or 
24 having under his or her control any product containing 
25 ammonium nitrate.
26 (b) The Court may in addition to other reasonable 
 
 
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1conditions relating to the
nature of the offense or the 
2rehabilitation of the defendant as determined for
each 
3defendant in the proper discretion of the Court require that 
4the person:


5  (1) serve a term of periodic imprisonment under Article 
6 7 for a
period not to exceed that specified in paragraph 
7 (d) of Section 5-7-1;


8  (2) pay a fine and costs;


9  (3) work or pursue a course of study or vocational 
10 training;


11  (4) undergo medical, psychological or psychiatric 
12 treatment; or treatment
for drug addiction or alcoholism;


13  (5) attend or reside in a facility established for the 
14 instruction
or residence of defendants on probation;


15  (6) support his dependents;


16  (7) and in addition, if a minor:


17   (i) reside with his parents or in a foster home;


18   (ii) attend school;


19   (iii) attend a non-residential program for youth;


20   (iv) contribute to his own support at home or in a 
21 foster home;


22   (v) with the consent of the superintendent of the

23 facility, attend an educational program at a facility 
24 other than the school
in which the
offense was 
25 committed if he
or she is convicted of a crime of 
26 violence as
defined in
Section 2 of the Crime Victims 
 
 
09800SB0924sam001- 213 -LRB098 05192 MLW 42432 a


1 Compensation Act committed in a school, on the
real

2 property
comprising a school, or within 1,000 feet of 
3 the real property comprising a
school;


4  (8) make restitution as provided in Section 5-5-6 of 
5 this Code;


6  (9) perform some reasonable public or community 
7 service;


8  (10) serve a term of home confinement. In addition to 
9 any other
applicable condition of probation or conditional 
10 discharge, the
conditions of home confinement shall be that 
11 the offender:


12   (i) remain within the interior premises of the 
13 place designated for
his confinement during the hours 
14 designated by the court;


15   (ii) admit any person or agent designated by the 
16 court into the
offender's place of confinement at any 
17 time for purposes of verifying
the offender's 
18 compliance with the conditions of his confinement; and


19   (iii) if further deemed necessary by the court or 
20 the
Probation or
Court Services Department, be placed 
21 on an approved
electronic monitoring device, subject 
22 to Article 8A of Chapter V;


23   (iv) for persons convicted of any alcohol, 
24 cannabis or controlled
substance violation who are 
25 placed on an approved monitoring device as a
condition 
26 of probation or conditional discharge, the court shall 
 
 
09800SB0924sam001- 214 -LRB098 05192 MLW 42432 a


1 impose a
reasonable fee for each day of the use of the 
2 device, as established by the
county board in 
3 subsection (g) of this Section, unless after 
4 determining the
inability of the offender to pay the 
5 fee, the court assesses a lesser fee or no
fee as the 
6 case may be. This fee shall be imposed in addition to 
7 the fees
imposed under subsections (g) and (i) of this 
8 Section. The fee shall be
collected by the clerk of the 
9 circuit court. The clerk of the circuit
court shall pay 
10 all monies collected from this fee to the county 
11 treasurer
for deposit in the substance abuse services 
12 fund under Section 5-1086.1 of
the Counties Code; and


13   (v) for persons convicted of offenses other than 
14 those referenced in
clause (iv) above and who are 
15 placed on an approved monitoring device as a
condition 
16 of probation or conditional discharge, the court shall 
17 impose
a reasonable fee for each day of the use of the 
18 device, as established by the
county board in 
19 subsection (g) of this Section, unless after 
20 determining the
inability of the defendant to pay the 
21 fee, the court assesses a lesser fee or
no fee as the 
22 case may be. This fee shall be imposed in addition to 
23 the fees
imposed under subsections (g) and (i) of this 
24 Section. The fee
shall be collected by the clerk of the 
25 circuit court. The clerk of the circuit
court shall pay 
26 all monies collected from this fee
to the county 
 
 
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1 treasurer who shall use the monies collected to defray 
2 the
costs of corrections. The county treasurer shall 
3 deposit the fee
collected in the probation and court 
4 services fund.


5  (11) comply with the terms and conditions of an order 
6 of protection issued
by the court pursuant to the Illinois 
7 Domestic Violence Act of 1986,
as now or hereafter amended, 
8 or an order of protection issued by the court of
another 
9 state, tribe, or United States territory. A copy of the 
10 order of
protection shall be
transmitted to the probation 
11 officer or agency
having responsibility for the case;


12  (12) reimburse any "local anti-crime program" as 
13 defined in Section 7
of the Anti-Crime Advisory Council Act 
14 for any reasonable expenses incurred
by the program on the 
15 offender's case, not to exceed the maximum amount of
the 
16 fine authorized for the offense for which the defendant was 
17 sentenced;


18  (13) contribute a reasonable sum of money, not to 
19 exceed the maximum
amount of the fine authorized for the

20 offense for which the defendant was sentenced, (i) to a 
21 "local anti-crime
program", as defined in Section 7 of the 
22 Anti-Crime Advisory Council Act, or (ii) for offenses under 
23 the jurisdiction of the Department of Natural Resources, to 
24 the fund established by the Department of Natural Resources 
25 for the purchase of evidence for investigation purposes and 
26 to conduct investigations as outlined in Section 805-105 of 
 
 
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1 the Department of Natural Resources (Conservation) Law;


2  (14) refrain from entering into a designated 
3 geographic area except upon
such terms as the court finds 
4 appropriate. Such terms may include
consideration of the 
5 purpose of the entry, the time of day, other persons

6 accompanying the defendant, and advance approval by a

7 probation officer, if
the defendant has been placed on 
8 probation or advance approval by the
court, if the 
9 defendant was placed on conditional discharge;


10  (15) refrain from having any contact, directly or 
11 indirectly, with
certain specified persons or particular 
12 types of persons, including but not
limited to members of 
13 street gangs and drug users or dealers;


14  (16) refrain from having in his or her body the 
15 presence of any illicit
drug prohibited by the Cannabis 
16 Control Act, the Illinois Controlled
Substances Act, or the 
17 Methamphetamine Control and Community Protection Act, 
18 unless prescribed by a physician, and submit samples of
his 
19 or her blood or urine or both for tests to determine the 
20 presence of any
illicit drug;

21  (17) if convicted for an offense committed on or after 
22 June 1, 2008 (the effective date of Public Act 95-464) that 
23 would qualify the accused as a child sex offender as 
24 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
25 1961 or the Criminal Code of 2012, refrain from 
26 communicating with or contacting, by means of the Internet, 
 
 
09800SB0924sam001- 217 -LRB098 05192 MLW 42432 a


1 a person who is related to the accused and whom the accused 
2 reasonably believes to be under 18 years of age; for 
3 purposes of this paragraph (17), "Internet" has the meaning 
4 ascribed to it in Section 16-0.1 of the Criminal Code of 
5 2012; and a person is related to the accused if the person 
6 is: (i) the spouse, brother, or sister of the accused; (ii) 
7 a descendant of the accused; (iii) a first or second cousin 
8 of the accused; or (iv) a step-child or adopted child of 
9 the accused;
10  (18) if convicted for an offense committed on or after 
11 June 1, 2009 (the effective date of Public Act 95-983) that 
12 would qualify as a sex offense as defined in the Sex 
13 Offender Registration Act:
14   (i) not access or use a computer or any other 
15 device with Internet capability without the prior 
16 written approval of the offender's probation officer, 
17 except in connection with the offender's employment or 
18 search for employment with the prior approval of the 
19 offender's probation officer;
20   (ii) submit to periodic unannounced examinations 
21 of the offender's computer or any other device with 
22 Internet capability by the offender's probation 
23 officer, a law enforcement officer, or assigned 
24 computer or information technology specialist, 
25 including the retrieval and copying of all data from 
26 the computer or device and any internal or external 
 
 
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1 peripherals and removal of such information, 
2 equipment, or device to conduct a more thorough 
3 inspection;
4   (iii) submit to the installation on the offender's 
5 computer or device with Internet capability, at the 
6 subject's expense, of one or more hardware or software 
7 systems to monitor the Internet use; and
8   (iv) submit to any other appropriate restrictions 
9 concerning the offender's use of or access to a 
10 computer or any other device with Internet capability 
11 imposed by the offender's probation officer; and 
12  (19) refrain from possessing a firearm or other 
13 dangerous weapon where the offense is a misdemeanor that 
14 did not involve the intentional or knowing infliction of 
15 bodily harm or threat of bodily harm. 
16 (c) The court may as a condition of probation or of 
17conditional
discharge require that a person under 18 years of 
18age found guilty of any
alcohol, cannabis or controlled 
19substance violation, refrain from acquiring
a driver's license 
20during
the period of probation or conditional discharge. If 
21such person
is in possession of a permit or license, the court 
22may require that
the minor refrain from driving or operating 
23any motor vehicle during the
period of probation or conditional 
24discharge, except as may be necessary in
the course of the 
25minor's lawful employment.


26 (d) An offender sentenced to probation or to conditional 
 
 
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1discharge
shall be given a certificate setting forth the 
2conditions thereof.


3 (e) Except where the offender has committed a fourth or 
4subsequent
violation of subsection (c) of Section 6-303 or 
5subsection (c) of Section 6-303.5 of the Illinois Vehicle Code,

6the court shall not require as a condition of the sentence of

7probation or conditional discharge that the offender be 
8committed to a
period of imprisonment in excess of 6 months.

9This 6 month limit shall not include periods of confinement 
10given pursuant to
a sentence of county impact incarceration 
11under Section 5-8-1.2.

12 Persons committed to imprisonment as a condition of 
13probation or
conditional discharge shall not be committed to 
14the Department of
Corrections.


15 (f) The court may combine a sentence of periodic 
16imprisonment under
Article 7 or a sentence to a county impact 
17incarceration program under
Article 8 with a sentence of 
18probation or conditional discharge.


19 (g) An offender sentenced to probation or to conditional 
20discharge and
who during the term of either undergoes mandatory 
21drug or alcohol testing,
or both, or is assigned to be placed 
22on an approved electronic monitoring
device, shall be ordered 
23to pay all costs incidental to such mandatory drug
or alcohol 
24testing, or both, and all costs
incidental to such approved 
25electronic monitoring in accordance with the
defendant's 
26ability to pay those costs. The county board with
the 
 
 
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1concurrence of the Chief Judge of the judicial
circuit in which 
2the county is located shall establish reasonable fees for
the 
3cost of maintenance, testing, and incidental expenses related 
4to the
mandatory drug or alcohol testing, or both, and all 
5costs incidental to
approved electronic monitoring, involved 
6in a successful probation program
for the county. The 
7concurrence of the Chief Judge shall be in the form of
an 
8administrative order.
The fees shall be collected by the clerk 
9of the circuit court. The clerk of
the circuit court shall pay 
10all moneys collected from these fees to the county
treasurer 
11who shall use the moneys collected to defray the costs of
drug 
12testing, alcohol testing, and electronic monitoring.
The 
13county treasurer shall deposit the fees collected in the
county 
14working cash fund under Section 6-27001 or Section 6-29002 of 
15the
Counties Code, as the case may be.


16 (h) Jurisdiction over an offender may be transferred from 
17the
sentencing court to the court of another circuit with the 
18concurrence of
both courts. Further transfers or retransfers of

19jurisdiction are also
authorized in the same manner. The court 
20to which jurisdiction has been
transferred shall have the same 
21powers as the sentencing court.
The probation department within 
22the circuit to which jurisdiction has been transferred may 
23impose probation fees upon receiving the transferred offender, 
24as provided in subsection (i). The probation department from 
25the original sentencing court shall retain all probation fees 
26collected prior to the transfer.

 
 
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1 (i) The court shall impose upon an offender
sentenced to 
2probation after January 1, 1989 or to conditional discharge

3after January 1, 1992 or to community service under the 
4supervision of a
probation or court services department after 
5January 1, 2004, as a condition of such probation or 
6conditional
discharge or supervised community service, a fee of 
7$50
for each month of probation or
conditional
discharge 
8supervision or supervised community service ordered by the 
9court, unless after
determining the inability of the person 
10sentenced to probation or conditional
discharge or supervised 
11community service to pay the
fee, the court assesses a lesser 
12fee. The court may not impose the fee on a
minor who is made a 
13ward of the State under the Juvenile Court Act of 1987
while 
14the minor is in placement.
The fee shall be imposed only upon

15an offender who is actively supervised by the
probation and 
16court services
department. The fee shall be collected by the 
17clerk
of the circuit court. The clerk of the circuit court 
18shall pay all monies
collected from this fee to the county 
19treasurer for deposit in the
probation and court services fund 
20under Section 15.1 of the
Probation and Probation Officers Act.

21 A circuit court may not impose a probation fee under this 
22subsection (i) in excess of $25
per month unless the circuit 
23court has adopted, by administrative
order issued by the chief 
24judge, a standard probation fee guide
determining an offender's 
25ability to pay Of the
amount collected as a probation fee, up 
26to $5 of that fee
collected per month may be used to provide 
 
 
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1services to crime victims
and their families.
2 The Court may only waive probation fees based on an 
3offender's ability to pay. The probation department may 
4re-evaluate an offender's ability to pay every 6 months, and, 
5with the approval of the Director of Court Services or the 
6Chief Probation Officer, adjust the monthly fee amount. An 
7offender may elect to pay probation fees due in a lump sum.
Any 
8offender that has been assigned to the supervision of a 
9probation department, or has been transferred either under 
10subsection (h) of this Section or under any interstate compact, 
11shall be required to pay probation fees to the department 
12supervising the offender, based on the offender's ability to 
13pay.


14 This amendatory Act of the 93rd General Assembly deletes 
15the $10 increase in the fee under this subsection that was 
16imposed by Public Act 93-616. This deletion is intended to 
17control over any other Act of the 93rd General Assembly that 
18retains or incorporates that fee increase.
19 (i-5) In addition to the fees imposed under subsection (i) 
20of this Section, in the case of an offender convicted of a 
21felony sex offense (as defined in the Sex Offender Management 
22Board Act) or an offense that the court or probation department 
23has determined to be sexually motivated (as defined in the Sex 
24Offender Management Board Act), the court or the probation 
25department shall assess additional fees to pay for all costs of 
26treatment, assessment, evaluation for risk and treatment, and 
 
 
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1monitoring the offender, based on that offender's ability to 
2pay those costs either as they occur or under a payment plan.
3 (j) All fines and costs imposed under this Section for any 
4violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
5Code, or a similar
provision of a local ordinance, and any 
6violation of the Child Passenger
Protection Act, or a similar 
7provision of a local ordinance, shall be
collected and 
8disbursed by the circuit clerk as provided under Section 27.5

9of the Clerks of Courts Act.


10 (k) Any offender who is sentenced to probation or 
11conditional discharge for a felony sex offense as defined in 
12the Sex Offender Management Board Act or any offense that the 
13court or probation department has determined to be sexually 
14motivated as defined in the Sex Offender Management Board Act 
15shall be required to refrain from any contact, directly or 
16indirectly, with any persons specified by the court and shall 
17be available for all evaluations and treatment programs 
18required by the court or the probation department.

19 (l) The court may order an offender who is sentenced to 
20probation or conditional
discharge for a violation of an order 
21of protection be placed under electronic surveillance as 
22provided in Section 5-8A-7 of this Code. 
23(Source: P.A. 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 
2496-362, eff. 1-1-10; 96-695, eff. 8-25-09; 96-1000, eff. 
257-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065, 
26eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; 
 
 
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197-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12; 
297-1109, eff. 1-1-13; 97-1131, eff. 1-1-13; 97-1150, eff. 
31-25-13.)


4 Section 95. No acceleration or delay. Where this Act makes 
5changes in a statute that is represented in this Act by text 
6that is not yet or no longer in effect (for example, a Section 
7represented by multiple versions), the use of that text does 
8not accelerate or delay the taking effect of (i) the changes 
9made by this Act or (ii) provisions derived from any other 
10Public Act.

11 Section 99. Effective date. This Section and the amendatory 
12changes to Sections 2-118, 3-402, and 6-206.1 of the Illinois 
13Vehicle Code take effect on July 1, 2014. All other portions of 
14this Act take effect on January 1, 2015.".