New 2017 Illinois DUI and Traffic laws

by Donald J. Ramsell ©2017

CRIMINAL PROCEDURE - PLEA ADMONISHMENTS

P.A. 99-871 eff. 1-1-17

Amends the Code of Criminal Procedure of 1963. Provides that if the defendant pleads guilty the plea shall not be accepted until the court shall have fully explained to the defendant the sentence for any future conviction may be increased or there may be a higher possibility of the imposition of consecutive sentences (rather than any possible increased sentence by reason of the fact of a prior conviction or future conviction and any possibility of the imposition of consecutive sentences); that as a consequence of a conviction or a plea of guilty, there may be registration requirements that restrict where the defendant may work, live, or be present (rather than any registration requirement that accompanies the plea and the restrictions associated with the registration); and that as a consequence of a conviction or a plea of guilty, there may be an impact upon the defendant's ability to, among others: retain or obtain housing in the public or private market; retain or obtain employment; and retain or obtain a firearm, an occupational license, a driver's license (rather than the consequence of the plea on a defendant's ability to). Deletes the requirements that a defendant who pleads guilty shall have the court explain the consequences of the plea on the defendant's ability to acquire loans for education or other purposes, enroll in certain degree programs, and retain or obtain custody of a child.

CRIMINAL PROCEDURE - DEATH OF DEFENDANT

P.A. 99-778 eff. 1-1-17

Amends the Code of Criminal Procedure of 1963. Provides whenever the prosecuting attorney in a criminal case learns of the death of the defendant prior to the entry of a final and appealable judgment in the case, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the circuit court before which the case is pending. Upon filing of the certificate, the court shall enter an order abating the proceedings entirely. Creates a new Article in the Code for pending direct appeal after the defendant's death. Provides whenever the prosecuting attorney learns of the death of the defendant following the entry of a final and appealable judgment but prior to the conclusion of the defendant's direct appeal from the conviction, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the reviewing court before which the direct appeal is pending. Provides unless the executor or administrator of the defendant's estate or other successor in interest files a verified motion to intervene in the direct appeal within 30 days of the filing of a certificate of notice of the defendant's death, the reviewing court shall dismiss the direct appeal without disturbing the judgment of the circuit court. Provides if the court receives a timely petition for leave to intervene by an authorized party in the criminal case, the reviewing court shall permit the petitioning party to intervene in the direct appeal in place of the defendant and the direct appeal shall proceed in the same manner as if the defendant were still alive. Provides nothing in the provisions for pending direct appeal after the defendant's death shall be construed to authorize the filing or continued litigation of a post-conviction petition or other collateral attack on a criminal conviction or sentence on behalf of a deceased defendant.

ACCELERATED RESOLUTION PROGRAM - COOK COUNTY

P.A. 99-724 eff. 1-1-17

Statutes Amended In Order of Appearance:


730 ILCS 169/1

730 ILCS 169/5

730 ILCS 169/10

730 ILCS 169/15

730 ILCS 169/20


Amends the Accelerated Resolution Court Act. Changes the name of the Act to the Accelerated Resolution Program Act. Includes for eligibility for the Program, a defendant charged with: (1) a traffic offense, except for any offense involving fleeing or attempting to elude a peace officer or aggravated fleeing or attempting to elude a peace officer, driving under the influence, or any offense that results in bodily harm, or (2) a Class 4 felony violation of the Illinois Controlled Substances Act. Deletes provision that once referred to the Program by the Cook County Sheriff or his or her designee, written notice shall be given by the Sheriff to the Presiding Judge of the Criminal Division of the Circuit Court of Cook County. Deletes provision that if a person is released on his or her own recognizance, the conditions of the release shall be that he or she shall file written notice with the clerk of the court before which the proceeding is pending of any change in his or her address within 24 hours after the change. Deletes provision that the address of a defendant who has been released on his or her own recognizance shall at all times remain a matter of public record with the clerk of the court. Provides that the Act is repealed on June 30, 2019 (rather than June 30, 2017).

ELECTRONIC MONITORING, SCRAM, DRUGS AND ALCOHOL PROBATION

P.A. 99-797 eff. 8-12-16


Adds reference to:

730 ILCS 5/Ch. V Art. 8A heading

730 ILCS 5/5-8A-1

730 ILCS 5/5-8A-2

730 ILCS 5/5-8A-3

730 ILCS 5/5-8A-4

730 ILCS 5/5-8A-4.1

730 ILCS 5/5-8A-5

730 ILCS 5/5-8A-5.1

730 ILCS 5/5-8A-6

730 ILCS 5/5-8A-7

730 ILCS 5/5-8A-8

730 ILCS 5/5-8A-9 new


Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Provides that the Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any electronic monitoring device. Amends the Electronic Home Detention Law. Changes the name of the Law to the Electronic Monitoring and Home Detention Law. Provides that an approved electronic monitoring device may also be used to record or transmit information as to the defendant's consumption of alcohol, consumption of drugs, location as determined through GPS, cellular triangulation, Wi-Fi, or other electronic means. Provides that if the supervising authority is a probation department, the Chief Judge of the circuit court may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. Provides that the program shall include provisions for indigent offenders and the collection of unpaid fees and shall not unduly burden the offender and shall be subject to review by the Chief Judge of the circuit court. Effective immediately.

VETERANS COURT NOW MANDATORY

P.A. 99-807 eff. 1-1-18

Amends 730 ILCS 167/15


Amends the Veterans and Servicemembers Court Treatment Act. Provides that the Chief Judge of each judicial circuit shall (rather than may) establish a Veterans and Servicemembers Court program including a format under which it operates under the Act. Effective January 1, 2018.

SENTENCING MENTAL HEALTH & MITIGATION

P.A. 99-877 eff. 8-22-16

Statutes Amended In Order of Appearance


730 ILCS 5/5-5-3.1


Amends the Unified Code of Corrections. Provides that the following ground shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment that at the time of the offense, the defendant was suffering from a serious mental illness which, though insufficient to establish the defense of insanity, substantially affected his or her ability to understand the nature of his or her acts or to conform his or her conduct to the requirements of the law. Effective immediately.

SEX CRIMES AND STATE POLICE LAB TESTING DISCOVERY AUTHORITY

P.A. 99-801 eff. 1-1-17

Statutes Amended In Order of Appearance


Adds reference to:

New Act

20 ILCS 2605/2605-53 new

20 ILCS 2605/2605-98 new

50 ILCS 705/7from Ch. 85, par. 507

50 ILCS 705/10.19 new

410 ILCS 70/1afrom Ch. 111 1/2, par. 87-1a

410 ILCS 70/6.4from Ch. 111 1/2, par. 87-6.4

410 ILCS 70/6.5 new

410 ILCS 70/6.6 new

725 ILCS 202/10


Creates the Sexual Assault Incident Procedure Act. Provides that on or before January 1, 2018, every law enforcement agency shall develop, adopt, and implement written policies regarding procedures for incidents of sexual assault or sexual abuse. Provides that the Office of the Attorney General in consultation with the Illinois Law Enforcement Training Standards Board and the Department of State Police shall develop this model policy. Provides guidelines on reporting of sexual assault and sexual abuse to law enforcement agencies, and the release and storage of sexual assault evidence. Makes corresponding changes in the Illinois Police Training Act, the Civil Administrative Code of Illinois, the Sexual Assault Evidence Submission Act, and the Sexual Assault Survivors Emergency Treatment Act.

Senate Floor Amendment No. 2

Provides that a State's Attorney who is notified that a hospital is in possession of sexual assault evidence shall, within 72 hours, contact the appropriate law enforcement agency to request that the law enforcement agency take immediate physical custody of the sexual assault evidence. Makes other technical changes.

House Floor Amendment No. 3


Adds reference to:

20 ILCS 2605/2605-40was 20 ILCS 2605/55a-4

20 ILCS 2605/2605-300was 20 ILCS 2605/55a in part

30 ILCS 500/1-10

730 ILCS 5/5-4-3a


Further Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Division of Forensic Services shall establish administrative rules in order to set forth standardized requirements for the disclosure of toxicology results and other relevant documents related to a toxicological analysis. Provides that these administrative rules are to be adopted to produce uniform and sufficient information to allow a proper, well-informed determination of the admissibility of toxicology evidence and to ensure that this evidence is presented competently. Provides that these administrative rules are designed to provide a minimum standard for compliance of toxicology evidence and is not intended to limit the production and discovery of material information. Provides that the administrative rules shall be submitted by the Department of State Police into the rulemaking process on or before June 30, 2017. Provides that the Department of State Police shall employ laboratory technicians and other specially qualified persons to aid in the identification of criminal activity, and permits the Department of State Police to employ polygraph operators. Amends the Unified Code of Corrections. Provides that in consultation with and subject to the approval of the Chief Procurement Officer, the Department of State Police may obtain contracts for services, commodities, and equipment to assist in the timely completion of forensic biology, DNA, drug chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, microscopy, trace chemistry, and Combined DNA Index System (CODIS) analysis. Amends the Illinois Procurement Code. Provides that contracts for services, commodities, and equipment to support the delivery of timely forensic science services are not subject to various provisions of the Illinois Procurement Code, but only for a period of 2 years. Makes other changes.

VICTIM AND WITNESS ACT

P.A. 99-671 eff. 1-1-17

Amends the Biometric Information Privacy Act. Makes a technical change in a Section concerning the short title.

House Committee Amendment No. 1

Deletes reference to:
740 ILCS 14/1

Adds reference to:
740 ILCS 45/2 from Ch. 70, par. 72

Amends the Crime Victims Compensation Act. Includes within the scope of the term "victim" a person who will be called as a witness by the prosecution to establish a necessary nexus between the offender and the violent crime.

Senate Committee Amendment No. 1

Adds reference to:
725 ILCS 120/3 from Ch. 38, par. 1403

Amends the Rights of Crime Victims and Witnesses Act. Changes the definition of "witness" to include a person who will be called by the prosecution to give testimony establishing a necessary nexus between the offender and the violent crime.

MEDICAL CANNABIS BILL -CONDITIONS PLUS

P.A. 99-519 eff. 6-30-16

Statutes Amended In Order of Appearance

20 ILCS 301/5-23

Synopsis As Introduced

Amends the Alcoholism and Other Drug Abuse and Dependency Act. In a provision concerning the Department of Human Services' Drug Overdose Prevention Program, adds State and local law enforcement agencies to the list of agencies that may apply for grants to create or support local drug overdose prevention, recognition, and response projects.

Senate Committee Amendment No. 1


Adds reference to:

20 ILCS 2610/9from Ch. 121, par. 307.9

50 ILCS 705/10.17 new

50 ILCS 740/8

from Ch. 85, par. 538

Replaces everything after the enacting clause. Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that a person who is not licensed to administer an opioid antidote, including State Police Officers, law enforcement officers of a local government agency, fire protection personnel, and fire fighters may administer an opioid antidote in an emergency if the person has been trained in the administration of opioid antidotes or has received documentation including drug overdose recognition, opioid antidote dosage and administration, and care for the overdose victim after administration of the overdose antidote. Defines "fire protection personnel", "fire fighter", "law enforcement officer", and "local government agency". Amends the State Police Act. Provides that officers appointed to the State Police must have successfully completed training in the administration of opioid antidotes for use in prehospital emergency medical care. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve a training program in opioid antidotes for use in prehospital emergency medical care. Amends the Illinois Fire Protection Training Act. Provides that minimum basic training requirements for schools that administer fire training programs must include training in the administration of opioid antidotes for use in prehospital emergency medical care. Effective immediately.

House Committee Amendment No. 1


Deletes reference to:

20 ILCS 301/5-23

20 ILCS 2610/9

50 ILCS 705/10.17 new

50 ILCS 740/8

Adds reference to:

410 ILCS 130/5

410 ILCS 130/7 new

410 ILCS 130/10

410 ILCS 130/15

410 ILCS 130/35

410 ILCS 130/45

410 ILCS 130/57 new

410 ILCS 130/60

410 ILCS 130/65

410 ILCS 130/70

410 ILCS 130/75

410 ILCS 130/220


Replaces everything after the enacting clause. Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Adds conditions to the definition for "debilitating medical condition". Defines "excluded offense" for cultivation center agents and dispensing organizations. Defines "excluded offense" for qualifying patients and designated caregivers. Removes a provision from the definition for "written certification" requiring a physician to state that a patient is likely to receive a therapeutic or palliative benefit from the medical use of cannabis. Makes corresponding changes in a provision concerning notification to the Department of Public Health. Makes changes to provisions concerning the addition of debilitating medical conditions. Provides that registry cards shall expire after 3 years (rather than one year) after the date of issuance. Adds provisions concerning qualifying patients under the age of 18. Provides that an individual who submits an application as someone who is terminally ill shall have all fees and fingerprinting requirements waived. Provides that all applicants for a registry card shall be fingerprinted as part of the application process if they are a first-time applicant, if their registry card has already expired, or if they previously have had their registry card revoked or otherwise denied. Provides that at renewal, cardholders whose registry cards have not yet expired, been revoked, or otherwise denied shall not be subject to fingerprinting. Adds an exception to provisions prohibiting individuals convicted of specified felonies from being eligible for a registry card. Adds provisions concerning a process by which qualifying patients whose physician is unable or unwilling to certify a patient may instead receive certification from the Department of Public Health. Provides that upon issuance of a registry card, the Department of Public Health shall forward the registered qualifying patient's identification card information to the Prescription Monitoring Program for purposes of making a specified notation on a person's prescription record. Provides that in the event a person no longer holds a valid registry card, the Department of Public Health shall notify the Prescription Monitoring Program and Department of Human Services to remove the notation. Requires the Department of Human Services and Prescription Monitoring Program to create a system by which such information may be shared electronically. Provides that the Act is repealed on July 1, 2020 (rather than 4 years after the effective date of the Act). Makes other changes. Effective immediately.

House Floor Amendment No. 3


Deletes reference to:

410 ILCS 130/65


Replaces everything after the enacting clause. Reinserts the provisions of the bill, as amended by House Amendment No. 1, with the following changes. Removes intractable pain, opioid dependence, autism, diabetes mellitus type I, osteoarthritis, and panic disorder from the conditions being added to the list of debilitating medical conditions and makes conforming changes. Removes provisions establishing a process by which qualifying patients whose physician is unable or unwilling to certify a patient may instead receive certification from the Department of Public Health. Provides that the Department of Public Health shall determine by emergency rule (instead of by rule) what constitutes a "reasonable amount" for the purposes of determining whether an offense is an excluded offense. Removes an exception to provisions prohibiting individuals convicted of specified felonies from being eligible for a registry card. Establishes procedures for the addition of debilitating medical conditions by petition. Requires the Department of Public Health to convene a Medical Cannabis Advisory Board. Contains provisions concerning the Advisory Board's duties and procedures. Provides that on the effective date of the amendatory Act, the terms of office of the members of the Advisory Board serving on that date shall terminate and the Advisory Board shall be reconstituted. Requires the Advisory Board to issue an annual report of its activities each year. Makes other changes. Effective immediately.

DRUG FORFEITURE PROCEEDS

P.A. 99-686 eff. 7-29-16

Senate Floor Amendment No. 1


Deletes reference to:

725 ILCS 5/108A-10

Adds reference to:

720 ILCS 550/12from Ch. 56 1/2, par. 712

720 ILCS 570/505from Ch. 56 1/2, par. 1505

720 ILCS 646/85

725 ILCS 175/5from Ch. 56 1/2, par. 1655


Replaces everything after the enacting clause. Amends the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, and the Narcotics Profit Forfeiture Act. Provides that all moneys and the sale proceeds of all other property forfeited and seized under these Acts may be used for public education in the community or schools in the prevention or detection of the abuse of drugs or alcohol.

CANNABIS PENALTIES AND DUI LAWS

P.A. 99-697 eff. 7-29-16

Statutes Amended In Order of Appearance


20 ILCS 2630/5.2

410 ILCS 130/65

620 ILCS 5/43dfrom Ch. 15 1/2, par. 22.43d

620 ILCS 5/43efrom Ch. 15 1/2, par. 22.43e

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

625 ILCS 5/2-118.1from Ch. 95 1/2, par. 2-118.1

625 ILCS 5/6-106.1a

625 ILCS 5/6-208.1from Ch. 95 1/2, par. 6-208.1

625 ILCS 5/6-514from Ch. 95 1/2, par. 6-514

625 ILCS 5/6-517from Ch. 95 1/2, par. 6-517

625 ILCS 5/11-401from Ch. 95 1/2, par. 11-401

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

625 ILCS 5/11-500.1

625 ILCS 5/11-501from Ch. 95 1/2, par. 11-501

625 ILCS 5/11-501.1

625 ILCS 5/11-501.2from Ch. 95 1/2, par. 11-501.2

625 ILCS 5/11-501.4from Ch. 95 1/2, par. 11-501.4

625 ILCS 5/11-501.4-1

625 ILCS 5/11-501.6from Ch. 95 1/2, par. 11-501.6

625 ILCS 5/11-501.8

625 ILCS 5/11-507

625 ILCS 40/5-7

625 ILCS 40/5-7.1

625 ILCS 40/5-7.2

625 ILCS 40/5-7.4

625 ILCS 40/5-7.6

625 ILCS 45/5-16

625 ILCS 45/5-16afrom Ch. 95 1/2, par. 315-11a

625 ILCS 45/5-16a.1

625 ILCS 45/5-16c

705 ILCS 405/5-125

720 ILCS 550/4from Ch. 56 1/2, par. 704

720 ILCS 550/5.3 new

720 ILCS 550/17.5 new

720 ILCS 600/3.5

725 ILCS 5/115-15

725 ILCS 5/115-23 new

730 ILCS 5/5-9-1.9


Amends the Cannabis Control Act. Provides that the possession of 10 grams or less of cannabis is a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Creates the offense of unlawful use of cannabis-based product manufacturing equipment. Provides that a violation is a Class 2 felony. Provides that the provisions of any ordinance enacted by any municipality or unit of local government which imposes a fine upon cannabis other than as defined in the Cannabis Control Act are not invalidated or affected by this Act. Amends the Drug Paraphernalia Control Act. Provides that if a person is convicted of 10 grams or less of cannabis, the penalty for possession of any drug paraphernalia seized during the arrest for that offense shall be a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Provides for distribution of these fines. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle, snowmobile, or watercraft within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person's whole blood or other bodily substance of 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a cannabis THC concentration in any amount). Amends various other Acts to make conforming changes. Effective immediately.

ALCOHOL AND LIQUOR TRANSPORTATION - COMMON CARRIERS

P.A. 99-904 eff. 8-26-16

Statutes Amended In Order of Appearance


235 ILCS 5/1-3.43 new

235 ILCS 5/5-1from Ch. 43, par. 115

235 ILCS 5/6-16from Ch. 43, par. 131

235 ILCS 5/6-29from Ch. 43, par. 144e

235 ILCS 5/6-29.1

235 ILCS 5/8-12from Ch. 43, par. 164 3/4

235 ILCS 5/10-1

from Ch. 43, par. 183

Synopsis As Introduced

Amends the Liquor Control Act of 1934. In provisions concerning the delivery of alcoholic liquor by certain entities, requires the use of scan technology at the time of delivery to verify the identification of a person who is at least 21 years of age. Provides that the failure to use scan technology and obtain the signature of a person who is at least 21 years of age is a Class A misdemeanor. Defines "scan technology". Provides that for the purposes of the Act, the United States Postal Service and any company that uses technology to facilitate the delivery of alcoholic liquor from licensed retail premises to consumers shall be considered a common carrier. Requires common carriers to carry and maintain liquor liability insurance. Provides that a winery shipper license holder may only ship wine it produces from its licensed wine manufacturer premises wherein the wine manufacturer is licensed to engage in the manufacture of the wine. Requires certain entities that transport alcoholic liquor out of the State for delivery into another state to comply with certain reporting provisions and increases the penalty for the failure to comply with those provisions. Provides that any person who both has received an initial cease and desist letter from the State Commission and for compensation ships alcoholic liquor into this State without a license shall be guilty of a Class 4 felony. Prohibits and establishes criminal penalties for the transportation of more than a certain amount of beer, wine, or spirits into the State without a license or for transporting beer, wine, or spirits into the State for sale or resale without a license. Increases other penalties. Makes other changes. Effective immediately.

Senate Floor Amendment No. 2


Deletes reference to:

235 ILCS 5/6-29from Ch. 43, par. 144e


Replaces everything after the enacting clause. Amends the Liquor Control Act of 1934. Provides that the application form for a winery shipper's license shall include all addresses from which the applicant for a winery shipper's license intends to ship wine, including the name and address of any third-party authorized to ship wine on behalf of certain manufacturers of wine. Requires a winery shipper's licensee to include certain acknowledgements and disclosures in its application. Provides that a third-party provider shipping wine on behalf of a winery shipper's license holder is the agent of the winery shipper's license holder. Requires certain third-party providers to file with the Illinois Liquor Control Commission a statement detailing each shipment made to an Illinois resident. Requires the State Commission to adopt rules to implement the requirements of the amendatory Act and to adopt rules prohibiting the third-party appointment of a third-party provider that has been deemed by the State Commission to have violated the provisions of the Act with regard to any winery shipper licensee. Increases the penalty for an express company, common carrier, or contract carrier that delivers alcoholic liquor without first obtaining a signature at the time of delivery by an adult who is at least 21 years of age. Provides that any person who both has received an initial cease and desist letter from the State Commission and for compensation ships alcoholic liquor into this State without a license shall be guilty of a Class 4 felony. Prohibits and establishes criminal penalties for the manufacture, importation for distribution, distribution, sale, or transportation of more than a certain amount of beer, wine, or spirits into the State without a license or for transporting beer, wine, or spirits into the State for sale or resale without a license. Makes other changes. Effective January 1, 2017.

House Floor Amendment No. 1


Deletes reference to:

235 ILCS 5/6-16

from Ch. 43, par. 131

Adds reference to:

235 ILCS 5/5-3from Ch. 43, par. 118


Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Removes provisions increasing the penalties and establishing vicarious liability for an express company, common carrier, or contract carrier who delivers alcoholic liquor without first obtaining a signature at the time of delivery by an adult who is at least 21 years of age. In provisions concerning winery shipper's licensees, excludes common carriers from certain requirements related to third-party providers. In a provision prohibiting the manufacture, importation for distribution, distribution, sale, or transportation of more than a certain amount of beer, wine, or spirits into the State, establishes penalties for a person who was licensed under the Act and whose license expired within 30 days before he or she violated the prohibition. Further amends the Liquor Control Act of 1934. Increases the fees for certain licenses and establishes different fees for licenses that are renewed online. Provides that on and after June 30, 2016, one-half of the funds received for a retailer's license shall be paid into the Dram Shop Fund and one-half of the funds received for a retailer's license shall be paid into the General Revenue Fund. Effective January 1, 2017, except that certain provisions concerning licensure fees are effective immediately.

House Floor Amendment No. 2
Provides that certain restrictions on the manufacture, importation for distribution, transportation from outside the State into the State, and distribution or sale of alcoholic liquor without a license under the Act do not apply to a rail carrier.

DASA PROVIDERS - OPIOID TREATMENT REQUIRED

P.A. 99-553 eff. 1-1-17

Statutes Amended In Order of Appearance

20 ILCS 301/20-25 new

Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that all programs serving persons with substance use issues licensed by the Department of Human Services under the Act must provide educational information concerning treatment options for opioid addiction, including the use of a medication for the use of opioid addiction, recognition of and response to opioid overdose, and the use and administration of naloxone, to clients identified as having or seeking treatment for opioid addiction. Provides that the Department shall develop educational materials that are supported by research and updated periodically that must be used by programs to comply with this requirement.

DRUG COURT - OPIOID TREATMENT

P.A. 99-954 eff. 1-1-17

Statutes Amended In Order of Appearance


730 ILCS 166/25

730 ILCS 166/35


Amends the Drug Court Treatment Act. Provides that if the defendant needs treatment for opioid abuse or dependence, the court shall require that the defendant participate in and receive medically prescribed drug treatments under the care of a physician licensed in this State to practice medicine in all of its branches. Provides that a defendant who is assigned to a substance abuse treatment program under the Act for opioid abuse or dependence is not in violation of the terms or conditions of the program on the basis of his or her participation in medically prescribed drug treatments under the care of a physician licensed in this State to practice medicine in all of its branches.

House Committee Amendment No. 1
Provides that if the defendant needs treatment for opioid abuse or dependence, the court may not prohibit (rather than shall require) the defendant from participating in and receiving medication assisted treatment (rather than medically prescribed drug treatments) under the care of a physician licensed in this State to practice medicine in all of its branches. Provides that drug court participants may not be required to refrain from using medication assisted treatment as a term or condition of successful completion of the drug court program.

EXPUNGEMENT - JUVENILE ADJUDICATIONS

P.A. 99-835 eff. 1-1-17

Statutes Amended In Order of Appearance


705 ILCS 405/5-915


Synopsis As Introduced

Amends the Juvenile Court Act of 1987. Provides that whenever a person has been arrested, charged, or adjudicated delinquent for an incident occurring before his or her 18th birthday that if committed by an adult would be an offense, the person may petition the court at any time for expungement of law enforcement records and juvenile court records relating to the incident and upon termination of all juvenile court proceedings relating to that incident, the court shall order the expungement of all records in the possession of the Department of State Police, the clerk of the circuit court, and law enforcement agencies relating to the incident, but only in any of the following circumstances: (1) the minor was arrested and no petition for delinquency was filed with the clerk of the circuit court; (2) the minor was charged with an offense and the petition or petitions were dismissed without a finding of delinquency; (3) the minor was charged with an offense and was found not delinquent of that offense; (4) the minor was placed under supervision, and the order of supervision has since been successfully terminated; or (5) the minor was adjudicated for an offense which would be a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult. Provides that no objection may be filed to a petition under this provision.

House Floor Amendment No. 1
Deletes provision that no objection may be filed to a petition filed to seek automatic expungement of law enforcement records and juvenile court records of a person who has been arrested, charged, or adjudicated delinquent for an incident occurring before his or her 18th birthday that if committed by an adult would be an offense relating to that incident under the circumstances described in the bill.

COMMERCIAL VEHCILES - VIDEO EVENT RECORDERS

P.A. 99-689 eff. 1-1-17

Statutes Amended


625 ILCS 5/1-218.10 new

625 ILCS 5/12-604.1

625 ILCS 5/12-604.3 new


Amends the Illinois Vehicle Code. Provides that a person may operate a video event recorder in a contract carrier vehicle. Provides that a contract carrier vehicle carrying passengers that is equipped with a video event recorder shall have a notice posted in a visible location stating that a passenger's conversation may be recorded. Provides that any data recorded by a video event recorder shall be the sole property of the registered owner or lessee of the contract carrier vehicle. Defines "video event recorder".

REAL ID ACT - FEDERAL COMPLIANCE

P.A. 99-511 eff. 1-1-17


15 ILCS 335/2from Ch. 124, par. 22

15 ILCS 335/5from Ch. 124, par. 25

15 ILCS 335/8from Ch. 124, par. 28

625 ILCS 5/6-103from Ch. 95 1/2, par. 6-103

625 ILCS 5/6-106from Ch. 95 1/2, par. 6-106


Amends the Illinois Identification Card Act. Provides that beginning July 1, 2017, the Secretary of State shall refuse to issue any identification card to any person who has been issued a driver's license under the Illinois Vehicle Code. Provides that any person may surrender his or her driver's license in order to become eligible to obtain an identification card. Provides that beginning July 1, 2017, all applicants for standard Illinois Identification Cards and Illinois Person with a Disability Identification Cards shall provide proof of lawful status in the United States. Provides that applicants who are unable to provide the Secretary with proof of lawful status are ineligible for identification cards. Provides further criteria for the expiration of Illinois Identification Cards and Illinois Person with a Disability Identification Cards. Amends the Illinois Vehicle Code to make similar changes concerning Illinois driver's licenses, except that driver's license applicants who are unable to provide proof of lawful status in the United States may apply for a temporary visitor's driver's license.

VETERANS ID AND LICENSE

99-544 EFF. 7-15-16

Statutes Amended


15 ILCS 335/5from Ch. 124, par. 25

625 ILCS 5/6-106

from Ch. 95 1/2, par. 6-106

Synopsis As Introduced

Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that the Illinois Department of Veterans' Affairs shall advise the Secretary of State as to what other forms of proof of a person's status as a veteran are acceptable. Allows the issuance of an identification card or a driver's license with a veteran designation to a member of the armed forces, including a member of any reserve component or National Guard unit, regardless of whether he or she served on active duty. Makes conforming changes. Effective immediately.

RELOCATION TOWING COMMISSION

Statutes Amended In Order of Appearance

625 ILCS 5/11-208.7

Synopsis As Introduced

Amends the Illinois Vehicle Code. Provides that no vehicle may be impounded under this Section for illegal parking that has not exceeded 48 hours and the owner or lessee of the vehicle was unable to move the car due to an emergency circumstance. Defines emergency circumstance. Provides that if an administrative hearing officer finds that a vehicle has been wrongfully impounded, the county or municipality shall be liable to the owner or lessee of the vehicle for loss of use of the vehicle and any attorney's fees.

Senate Committee Amendment No. 1


Deletes reference to:

625 ILCS 5/1-100

Adds reference to:

New Act

625 ILCS 5/11-208.7

625 ILCS 5/11-1431

625 ILCS 5/18d-120

625 ILCS 5/18d-125


Replaces everything after the enacting clause. Creates the Statewide Relocation Towing Licensure Commission Act. Creates the Statewide Relocation Towing Licensure Commission. Provides for the appointment procedures for the members of the Commission and the Commission's meeting requirements. Provides that the Commission, no later than January 1, 2017, shall submit a report to the Governor and to the General Assembly evaluating the current towing laws of this State and providing recommendations for a towing program. Effective immediately. Amends the Illinois Vehicle Code. Preempts home rule powers for the regulation of administrative fees and procedures for impounding vehicles. Provides that a tower who stops at the scene of an accident for the purpose of soliciting and has not been called to the location by a law enforcement officer, the Department of Transportation, the State Toll Highway Authority, a local agency having jurisdiction over the highway, or the owner or operator of the damaged or disabled vehicle, or his or her automobile insurer or motor club, shall be guilty of a Class 4 felony (rather than a business offense). Provides that a commercial vehicle safety relocator shall not charge a fee in excess of a price listed in a disclosure without prior consent of the vehicle owner or operator. Provides that a vehicle owner, or his or her automobile insurer, may bring a claim against a commercial safety vehicle relocator who fails to comply with the requirements for the towing of a vehicle, and a court may award the prevailing party reasonable attorney's fees, costs, and expenses.

Senate Floor Amendment No. 2


Adds reference to:

625 ILCS 5/11-1303


Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Creates the Statewide Relocation Towing Licensure Commission Act. Changes appointing powers for the members of the Commission and adds members to the Commission. Changes the Commission's reporting requirements. Amends the Illinois Vehicle Code. Removes the requirement that an administrative fee imposed by a county or municipality in addition to any fees charged for towing and storage of an impounded vehicle shall not exceed $50 or the actual cost of services provided, whichever is greater. Provides that a county or municipality ordinance establishing procedures for the release of properly impounded vehicles may impose fees only for the provided violations. Provides that if an administrative hearing officer finds no probable cause for vehicle impoundment (rather than finding no basis for vehicle impoundment), the county or municipality shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney's fees (rather than the cost of alternative transportation and attorney's fees). Provides that except for a home rule unit that, on the effective date of this amendatory Act of the 99th General Assembly, owns and operates a towing facility within its boundaries for the storage of towed vehicles and owns and operates tow trucks or enters into a contract with a third party vendor to operate tow trucks, the administrative hearing officer shall not award attorney's fees if the reason for vehicle impoundment were certain parking violations. Provides that certain administrative fee limits and provisions relating to towing a vehicle on a public way shall not apply to a home rule unit if a circumstance requires towing of a vehicle or if a vehicle is towed due to a violation of a statute or local ordinance, and the home rule unit owns and operates a towing facility and owns and operates two trucks or enters into a contract with a third party vendor to operate tow trucks. Provides that no person shall stop or park a vehicle on a parkway or bicycle path or lane, except momentarily to pick up or discharge passengers. Effective immediately.

House Committee Amendment No. 3


Deletes reference to:

625 ILCS 5/11-1303

625 ILCS 5/18d-120

625 ILCS 5/18d-125


Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Amends the Illinois Vehicle Code. Removes authority for a county or municipality to impose fees for impounding a vehicle for unauthorized parking in a disabled person parking spot, parking in certain specified locations, or parking on a designated snow or tow route. Provides that if an administrative hearing officer finds that a county or municipality that impounds a vehicle exceeded its authority under the Illinois Vehicle Code (rather than the administrative hearing officer finding no probable cause for vehicle impoundment), the county or municipality shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney's fees. Removes limitation on regulation of fees by home rule unit. Provides that a vehicle owner, or his or her authorized agent or automobile insurer, may bring a claim against a company or person who willfully and materially violates the Section concerning solicitations at accident or disablement scenes and a court may award the prevailing party reasonable attorney's fees, costs, and expenses (rather than a vehicle owner bringing a claim against a commercial vehicle safety relocator). Removes changes to parking or standing prohibitions. Removes provision requiring the final invoice (rather than the final estimate or invoice) a commercial vehicle safety relocator provides upon demand to a vehicle owner or operator of a relocated damaged or disabled vehicle to accurately record in writing all items set forth in the Section concerning disclosures to vehicle owners or operations. Effective immediately.

VERIFICATION OF LIABILITY INSURANCE POLICY

Statutes Amended In Order of Appearance


625 ILCS 5/3-402.2

from Ch. 95 1/2, par. 3-402.2

Synopsis As Introduced

Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning registration audits.

Senate Committee Amendment No. 1


Deletes reference to:

625 ILCS 5/3-402.2

Adds reference to:

625 ILCS 5/7-604

from Ch. 95 1/2, par. 7-604

Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Removes the repeal date of a Section concerning the verification of liability insurance policies. Effective immediately.

RAIL SIGNAL CROSSING

P.A. 99-663 eff. 1-1-17

Statutes Amended In Order of Appearance


625 ILCS 5/11-1201from Ch. 95 1/2, par. 11-1201

Synopsis As Introduced

Amends the Illinois Vehicle Code. Provides that a driver of a vehicle that approaches a railroad grade crossing under circumstances in which a stop is required and does not stop within 50 feet but not less than 15 feet from the nearest rail, commits a petty offense for which a $500 fine (previously $250) shall be imposed for the first violation and a $1,000 fine (previously $500) shall be imposed for any subsequent violations.

HIGHWAY - PUBLIC SCHOOL ROADS

Statutes Amended In Order of Appearance


625 ILCS 5/1-126.1

625 ILCS 5/11-1414from Ch. 95 1/2, par. 11-1414

Synopsis As Introduced

Amends the Illinois Vehicle Code. Includes highways on public school property in the classification of non-designated highways. Requires vehicles to stop before meeting or overtaking, from either direction, any school bus stopped on a public school highway.

Senate Floor Amendment No. 1


Deletes reference to:

625 ILCS 5/1-126.1


Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Amends the Illinois Vehicle Code. Removes highways on public school property from the classification of non-designated highways. Requires a vehicle to stop before meeting or overtaking, from either direction, any school bus stopped on a highway, roadway, private road, parking lot, school property, or at any other location, including, without limitation, a location that is not a highway or roadway (rather than any location, including highways on public school property) for the purpose of receiving or discharging pupils.

CERTIFICATE OF TITLE & REGISTRATION FEE

P.A. 99-707 eff. 7-29-16

Statutes Amended In Order of Appearance


625 ILCS 5/1-126.1

625 ILCS 5/11-1414from Ch. 95 1/2, par. 11-1414

Synopsis As Introduced

Amends the Illinois Vehicle Code. Includes highways on public school property in the classification of non-designated highways. Requires vehicles to stop before meeting or overtaking, from either direction, any school bus stopped on a public school highway.

Senate Floor Amendment No. 1


Deletes reference to:

625 ILCS 5/1-126.1


Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Amends the Illinois Vehicle Code. Removes highways on public school property from the classification of non-designated highways. Requires a vehicle to stop before meeting or overtaking, from either direction, any school bus stopped on a highway, roadway, private road, parking lot, school property, or at any other location, including, without limitation, a location that is not a highway or roadway (rather than any location, including highways on public school property) for the purpose of receiving or discharging pupils.

TRUCK GLIDER TITLING

P.A. 99-748 eff. 8-5-16


Adds reference to:

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

625 ILCS 5/1-123.8 new

625 ILCS 5/3-107from Ch. 95 1/2, par. 3-107

625 ILCS 5/3-406from Ch. 95 1/2, par. 3-406


Amends the Illinois Vehicle Code. Provides that an "essential part" does not include an engine, transmission, or a rear axle that is used in a glider kit. Defines "glider kit". Provides that an owner of a glider kit who wishes to have the vehicle titled or registered as a glider kit shall submit an application to be inspected by the Secretary of State Department of Police. Upon successful completion of the inspection, provides the method of title or registration for the glider kit. Effective immediately.

BLUE DOT TAIL LIGHTS

P.A. 99-598 eff. 1-1-17

Statutes Amended In Order of Appearance


625 ILCS 5/12-208from Ch. 95 1/2, par. 12-208

Synopsis As Introduced

Amends the Illinois Vehicle Code. Provides that motorcycles may be equipped with a blue light or lights located on the rear of the motorcycle as a part of the motorcycle's rear stop lamp or lamps.

VEHICLE REGISTRATION RENEWAL

P.A. 99-887 eff. 8-25-16
Synopsis As Introduced

Amends the Illinois Vehicle Code. Provides that if, prior to expiration of registration, the Secretary of State has not provided the registered owner of a vehicle with notice that his or her registration is about to expire, the vehicle owner shall have a 30-day period after the expiration of registration to file an application for registration renewal, and shall not be issued a citation for the expired registration or charged registration late fees during that period. Effective immediately.

House Committee Amendment No. 1


Deletes reference to:

625 ILCS 5/3-415

Adds reference to:

625 ILCS 5/3-821.2


Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that the Secretary of State shall not impose a delinquent registration renewal fee if a vehicle's registration expires during a period of time in which no notice, by U.S. mail, was sent to the vehicle owner by the Secretary. Provides that any local, county, municipal, or State law enforcement agency may not issue a citation for an expired registration until one month after the expiration of the registration. Provides that the Secretary may resume collection of the delinquent registration renewal fee when the Secretary resumes mailing the registration renewal notices to vehicle owners, and that any local, county, municipal, or State law enforcement agency may resume citing a vehicle with an expired registration without waiting the one-month period. Provides that the changes made by the amendatory Act apply only to vehicle registrations that expire on or after the effective date of the amendatory Act. Effective immediately.

House Floor Amendment No. 3
Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No. 2 with the following changes. Provides that a computer print-out from the Secretary of State's website setting forth the calendar months in which registration renewal notices were not sent to all owners of passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds shall be admissible as evidence to establish an affirmative defense to a citation issued by any local, county, municipal, or State law enforcement agency within one month after the expiration of the vehicle expiration. Provides the computer print-out shall be prima facie evidence of the correctness of the information contained in it.

Senate Floor Amendment No. 1
Makes the added provision inoperative on and after June 30, 2017.

BOAT RACING CERTIFICATE AND INSURANCE

P.A. 99-605 EFF. 1-1-17

Statutes Amended In Order of Appearance


625 ILCS 45/5-18from Ch. 95 1/2, par. 315-13

Synopsis As Introduced

Amends the Boat Registration and Safety Act. Provides that a boating safety certificate is not required for a person who is temporarily using the waters of this State for the purpose of participating in a boat racing event sanctioned by the Department of Natural Resources or authorized federal agency. Requires the organizer or holder of the sanctioned event to possess liability insurance for property damage and personal injury or death with a minimum benefit of $1,000,000 that shall remain in effect through the entirety of the event. Effective immediately.

House Floor Amendment No. 1
Requires the organizer or holder of a sanctioned event to possess liability insurance for property damage and bodily injury or death (rather than liability insurance for property damage and personal injury or death).

PILOT LICENSE REGISTRATION

P.A. 99-605 eff. 1-1-17

Statutes Amended In Order of Appearance


620 ILCS 5/42from Ch. 15 1/2, par. 22.42

620 ILCS 5/43from Ch. 15 1/2, par. 22.43

620 ILCS 5/45from Ch. 15 1/2, par. 22.45

Synopsis As Introduced

Amends the Illinois Aeronautics Act. Removes provisions requiring airmen to register a federal license, certificate, or permit with the Division of Aeronautics of the Department of Transportation and obtain a State certificate of registration to operate an aircraft within this State. Provides that the Department of Transportation may suspend or revoke (rather than only revoke) the flying privileges of an airman who (i) is not qualified; (ii) has willfully violated the State or federal laws or regulations pertaining to aeronautics; (iii) is addicted to the use of narcotics or other habit forming drug, or to the excessive use of alcohol; (iv) has made any false statement in an application for registration of a federal aircraft license, certificate, or permit; or (v) has been guilty of other conduct, acts, or practices dangerous to the public safety or the safety of those engaged in aeronautics. Makes conforming changes.

House Committee Amendment No. 1


Deletes reference to:

620 ILCS 5/43from Ch. 15 1/2, par. 22.43

620 ILCS 5/45from Ch. 15 1/2, par. 22.45


Replaces everything after the enacting clause. Amends the Illinois Aeronautics Act. Deletes all changes made by the introduced bill, except provides registration of an airman with the Division of Aeronautics of the Department of Transportation shall be one-time with a fee of $20 payable at registration.

SEC'Y OF STATE MISCELLANY

P.A. 99-607 eff. 7-22-16

Statutes Amended In Order of Appearance


15 ILCS 335/12from Ch. 124, par. 32

625 ILCS 5/3-821from Ch. 95 1/2, par. 3-821

625 ILCS 5/6-206

625 ILCS 5/6-507from Ch. 95 1/2, par. 6-507

625 ILCS 5/6-508.1


Synopsis As Introduced

Amends the Illinois Identification Card Act. Provides that the fee for a duplicate temporary Illinois Identification Card is $5. Amends the Illinois Vehicle Code. Provides that, for drivers of a truck-tractor semitrailer combination or combinations, the waiver of provisions concerning Commercial Driver's Licenses and Commercial Learner's Permits apply when the driver is a farmer, employee of the farmer, or a member of the farmer's family, if certain conditions are met. Requires drivers of truck-tractor semitrailer combinations operating as covered farm vehicles to successfully complete any tests the Secretary of State deems necessary. Allows the Secretary to suspend or revoke the driving privileges of any person, without a preliminary hearing, upon a showing of the person's records or other sufficient evidence that the person has submitted a falsified or altered medical examiner's certificate to the Secretary or provided false information to obtain a medical examiner's certificate. Provides that, if the total amount of dishonored payment due and owing to the Secretary for registration and title fees exceeds the sum of $100 and has not been paid within 60 days from the date the dishonored payment was first delivered (rather than from the date the fee or tax became due), the Secretary shall assess a penalty of 25% of the amount remaining unpaid. Provides that, for purposes of ensuring a person is medically fit to drive a commercial motor vehicle, the Secretary may release medical information to the Federal Motor Carrier Safety Administration about an applicant or a holder of a CDL or CLP. Provides examples of medical information. Effective immediately.

House Floor Amendment No. 1
Removes an employee of a farmer from the applicability of waiver provisions concerning Commercial Driver's Licenses and Commercial Learner's Permits for drivers of a truck-tractor semitrailer combination or combinations. Removes from the requirements of eligibility of the waiver provisions the operation of a vehicle in interstate driving or, if the driver is at least 18 years of age, the operation of a vehicle in intrastate driving.

LICENSE PLATE SPECIAL RENEWAL

Statutes Amended In Order of Appearance


625 ILCS 5/1-100from Ch. 95 1/2, par. 1-100

Synopsis As Introduced

Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the short title.

House Committee Amendment No. 1


Deletes reference to:

625 ILCS 5/1-100

Adds reference to:

625 ILCS 5/3-802

from Ch. 95 1/2, par. 3-802

Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that beginning with the 2018 registration year, any individual who has registration issued for certain vehicles and qualifies for a special license plate under certain specified Sections of the Code may reclass his or her registration upon acquiring a specified special license plate without a replacement plate fee or registration sticker cost.

VEHICLE REGISTRATION BIRTHDAY EXPIRATION DATE

P.A. 99-644 eff. 1-1-17

Statutes Amended In Order of Appearance


625 ILCS 5/3-414

from Ch. 95 1/2, par. 3-414

Synopsis As Introduced

Amends the Illinois Vehicle Code. Allows the owner of a registered vehicle to select his or her birthday as the vehicle's registration expiration date, subject to prorated fee amounts and any other rules the Secretary of State deems necessary.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Allows the Secretary of State to require an owner of a motor vehicle of the first division or a motor vehicle of the second division weighing not more than 8,000 pounds to select his or her birthday as the motor vehicle's registration expiration date. Provides that if the motor vehicle has more than one registered owner, the owners may select one registered owner's birthday as the date of registration expiration. Provides the Secretary of State may adopt any rules the Secretary deems necessary.

NO INSURANCE PETTY OFFENSE

P.A. 99-613 eff. 1-1-17

Statutes Amended In Order of Appearance


625 ILCS 5/3-707from Ch. 95 1/2, par. 3-707

Synopsis As Introduced

Amends the Illinois Vehicle Code. Provides that a person convicted of operating a motor vehicle without an insurance policy shall be guilty of a petty offense (rather than a business offense), unless the person has been convicted of this same offense 3 or more times.

BICYCLES RIGHT OF WAY

P.A. 99-785 eff. 1-1-17

Statutes Amended In Order of Appearance


625 ILCS 5/11-903.5 new

625 ILCS 5/11-1502

from Ch. 95 1/2, par. 11-1502

Synopsis As Introduced

Amends the Illinois Vehicle Code. Provides that every driver of a vehicle on a highway shall yield the right-of-way to any person operating a bicycle.

House Floor Amendment No. 1


Deletes reference to:

625 ILCS 5/11-903.5 new


Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Clarifies that a person riding a bicycle has all the rights applicable to a driver of a vehicle, including those regarding a vehicle's right-of-way under the Code.

DISABLED VEHICLES MOVE OVER

Statutes Amended In Order of Appearance


625 ILCS 5/11-701from Ch. 95 1/2, par. 11-701

625 ILCS 5/11-907.5 new

Synopsis As Introduced

Amends the Illinois Vehicle Code. Provides that a driver of a vehicle approaching a disabled vehicle on a highway of at least 4 lanes, of which at least 2 are proceeding in the same direction, shall, proceeding with due caution, make a lane change into a lane not adjacent to the disabled vehicle or, if changing lanes would be impossible or unsafe, reduce the speed of the vehicle and maintain a safe speed for the road conditions. Provides that a violation of this provision shall be a business offense punishable by a $100 fine.

House Committee Amendment No. 1
Provides that the Section regarding drivers approaching disabled vehicles applies to disabled vehicles with lighted hazard lights (rather than all disabled vehicles). Provides that a violation of the Section shall be a petty offense (rather than a business offense punishable by a $100 fine).

AUTO TRANSPORTER LENGTH

P.A. 99-717 eff. 8-5-16

Statutes Amended In Order of Appearance


625 ILCS 5/1-105.2a new

625 ILCS 5/1-105.7 new

625 ILCS 5/1-198from Ch. 95 1/2, par. 1-198

625 ILCS 5/1-212from Ch. 95 1/2, par. 1-212

625 ILCS 5/15-107from Ch. 95 1/2, par. 15-107

Synopsis As Introduced

Amends the Illinois Vehicle Code. Provides a definition for "automobile transporter" and "backhaul". Amends the definition for "stinger-steered semitrailer" and "truck tractor". Provides that the length of a stinger-steered semitrailer specifically designed to transport motor vehicles or an automobile transporter cannot exceed 80 feet (rather than 75 feet), with an overhang of less than 4 feet (rather than 3 feet) and a rear overhang of less than 6 feet (rather than 4 feet). Provides an automobile transporter of these lengths can also be used when transporting other cargo or general freight on a backhaul. Effective immediately.

DRIVERS ED - STOP PROTOCOL

P.A. 99-720 eff.1-1-17

Statutes Amended In Order of Appearance


105 ILCS 5/27-24.2from Ch. 122, par. 27-24.2

105 ILCS 5/27-24.2a new

625 ILCS 5/6-419from Ch. 95 1/2, par. 6-419

Synopsis As Introduced

Amends the School Code and the Illinois Vehicle Code. Provides that a driver education course (whether offered by a public school, a non-public school, or a driver training school) shall include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement.

RACIAL DIVERSITY IMPACT DATA

P.A. 99-666 eff. 1-1-17

New Act

Creates the Criminal Diversion Racial Impact Data Collection Act. Requires that, in accordance with reporting guidelines for law enforcement agencies under the Criminal Identification Act, the Illinois Criminal Justice Information Authority shall report the number of persons arrested and released without charging, and the racial and ethnic composition of those persons. Requires that, in accordance with reporting guidelines for State's Attorneys under the Criminal Identification Act, the Authority shall report the number of persons for which formal charges were dismissed, and the racial and ethnic composition of those persons. Requires that, in accordance with reporting guidelines for circuit court clerks under the Criminal Identification Act, the Authority shall determine and report the number of persons admitted to a diversion from prosecution program, and the racial and ethnic composition of those persons, separated by each type of diversion program. Provides that the Authority shall publish information received and an assessment of the quality of that information under the Act every calendar year. Provides that the Authority, Department of State Police, Administrative Office of Illinois Courts, and Illinois State's Attorneys Association may collaborate on any necessary training concerning the provisions of the Act. Contains legislative findings. Defines required terms. Provides for a repeal date of the Act on December 31, 2020. Effective January 1, 2017.

CRIMINAL ID EXPUNGEMENT AND SEALING

P.A. 99-881 eff. 1-1-17

20 ILCS 2630/5.2
705 ILCS 405/5-915

Replaces everything after the enacting clause. Amends the Criminal Identification Act. Deletes provision that a petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest that have not resulted in a conviction, other than excluded offenses, only when the petitioner has never been convicted of a criminal offense. Provides that when a petitioner seeks to have a record of arrest expunged under this Section, and the offender has been convicted of a criminal offense, the State's Attorney may object to the expungement on the grounds that the records contain specific relevant information aside from the mere fact of the arrest. Deletes provision that the person whose records are to be expunged shall pay the clerk of the circuit court a fee equivalent to the cost associated with expungement of records by the clerk and the Department of State Police. Provides that no fee shall be required for filing a petition for expungement or sealing if the petitioner has obtained a court order waiving fees under Supreme Court Rule 298 or it is otherwise waived. Provides that for a period of one year from the effective date of the amendatory Act or until January 1, 2018, whichever is later, in a county of 3,000,000 or more inhabitants, no fee shall be required to be paid by a petitioner if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, unless excluded. Amends the Juvenile Court Act of 1987. Deletes provision that a person whose juvenile records are to be expunged shall pay the clerk of the circuit court a fee equivalent to the cost associated with expungement of records by the clerk and the Department of State Police.