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Rep. Michael J. Zalewski
Filed: 3/13/2014
| | 09800HB4091ham001 | | LRB098 15649 MRW 56887 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4091
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4091 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Metropolitan Transit Authority Act is |
| 5 | | amended by changing Section 28b as follows:
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| 6 | | (70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
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| 7 | | Sec. 28b. Any person applying for a position as a driver of |
| 8 | | a vehicle
owned by a private carrier company which provides |
| 9 | | public transportation
pursuant to an agreement with the |
| 10 | | Authority shall be required to
authorize an investigation by |
| 11 | | the private carrier company to determine if
the applicant has |
| 12 | | been convicted of any of the following offenses: (i) those
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| 13 | | offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1, |
| 14 | | 10-4, 10-5,
10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
| 15 | | 11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, |
| 16 | | 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, |
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| 1 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4, |
| 2 | | 12-4.5,
12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1,
12-15, |
| 3 | | 12-16, 12-16.1, 18-1, 18-2, 19-6, 20-1,
20-1.1, 31A-1, 31A-1.1, |
| 4 | | and 33A-2, in subsection (a) and subsection (b),
clause (1), of |
| 5 | | Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of |
| 6 | | Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of |
| 7 | | the Criminal Code of 1961 or the Criminal Code of 2012; (ii) |
| 8 | | those
offenses defined in the Cannabis Control Act except those |
| 9 | | offenses defined
in subsection (c) subsections (a) and (b) of |
| 10 | | Section 4, and subsection (a) of Section 5 of
the Cannabis |
| 11 | | Control Act (iii) those offenses defined in the Illinois
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| 12 | | Controlled Substances Act; (iv) those offenses defined in the |
| 13 | | Methamphetamine Control and Community Protection Act; and (v) |
| 14 | | any offense committed or attempted in
any other state or |
| 15 | | against the laws of the United States, which if
committed or |
| 16 | | attempted in this State would be punishable as one or more of
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| 17 | | the foregoing offenses. Upon receipt of this authorization, the |
| 18 | | private
carrier company shall submit the applicant's name, sex, |
| 19 | | race, date of
birth, fingerprints and social security number to |
| 20 | | the Department of State
Police on forms prescribed by the |
| 21 | | Department. The Department of State
Police shall conduct an |
| 22 | | investigation to ascertain if the applicant
has been convicted |
| 23 | | of any of the above enumerated offenses. The Department
shall |
| 24 | | charge the private carrier company a fee for conducting the
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| 25 | | investigation, which fee shall be deposited in the State Police |
| 26 | | Services
Fund and shall not exceed the cost of the inquiry; and |
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| 1 | | the applicant shall not
be charged a fee for such investigation |
| 2 | | by the private carrier company.
The Department of State Police |
| 3 | | shall furnish, pursuant to positive
identification, records of |
| 4 | | convictions, until expunged, to the private
carrier company |
| 5 | | which requested the investigation. A copy of the record of
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| 6 | | convictions obtained from the Department shall be provided to |
| 7 | | the applicant.
Any record of conviction received by the private |
| 8 | | carrier company shall be
confidential. Any person who releases |
| 9 | | any confidential information
concerning any criminal |
| 10 | | convictions of an applicant shall be guilty of a
Class A |
| 11 | | misdemeanor, unless authorized by this Section.
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| 12 | | (Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11; |
| 13 | | 96-1551, Article 2, Section 960, eff. 7-1-11; 97-1108, eff. |
| 14 | | 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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| 15 | | Section 10. The School Code is amended by changing Section |
| 16 | | 21B-80 as follows:
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| 17 | | (105 ILCS 5/21B-80) |
| 18 | | Sec. 21B-80. Conviction of certain offenses as grounds for |
| 19 | | revocation of license. |
| 20 | | (a) As used in this Section: |
| 21 | | "Narcotics offense" means any one or more of the following |
| 22 | | offenses: |
| 23 | | (1) Any offense defined in the Cannabis Control Act, |
| 24 | | except those defined in subdivision (c) subdivisions (a) |
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| 1 | | and (b) of Section 4 and subdivision (a) of Section 5 of |
| 2 | | the Cannabis Control Act and any offense for which the |
| 3 | | holder of a license is placed on probation under the |
| 4 | | provisions of Section 10 of the Cannabis Control Act, |
| 5 | | provided that if the terms and conditions of probation |
| 6 | | required by the court are not fulfilled, the offense is not |
| 7 | | eligible for this exception. |
| 8 | | (2) Any offense defined in the Illinois Controlled |
| 9 | | Substances Act, except any offense for which the holder of |
| 10 | | a license is placed on probation under the provisions of |
| 11 | | Section 410 of the Illinois Controlled Substances Act, |
| 12 | | provided that if the terms and conditions of probation |
| 13 | | required by the court are not fulfilled, the offense is not |
| 14 | | eligible for this exception. |
| 15 | | (3) Any offense defined in the Methamphetamine Control |
| 16 | | and Community Protection Act, except any offense for which |
| 17 | | the holder of a license is placed on probation under the |
| 18 | | provision of Section 70 of that Act, provided that if the |
| 19 | | terms and conditions of probation required by the court are |
| 20 | | not fulfilled, the offense is not eligible for this |
| 21 | | exception. |
| 22 | | (4) Any attempt to commit any of the offenses listed in |
| 23 | | items (1) through (3) of this definition. |
| 24 | | (5) Any offense committed or attempted in any other |
| 25 | | state or against the laws of the United States that, if |
| 26 | | committed or attempted in this State, would have been |
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| 1 | | punishable as one or more of the offenses listed in items |
| 2 | | (1) through (4) of this definition. |
| 3 | | The changes made by Public Act 96-431 to the definition of |
| 4 | | "narcotics offense" are declaratory of existing law. |
| 5 | | "Sex offense" means any one or more of the following |
| 6 | | offenses: |
| 7 | | (A) Any offense defined in Sections 11-6, 11-9 through |
| 8 | | 11-9.5, inclusive, and 11-30, of the Criminal Code of 1961 |
| 9 | | or the Criminal Code of 2012; Sections 11-14 through 11-21, |
| 10 | | inclusive, of the Criminal Code of 1961 or the Criminal |
| 11 | | Code of 2012; Sections 11-23 (if punished as a Class 3 |
| 12 | | felony), 11-24, 11-25, and 11-26 of the Criminal Code of |
| 13 | | 1961 or the Criminal Code of 2012; and Sections 11-1.20, |
| 14 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, |
| 15 | | 12-14.1, 12-15, 12-16, 12-32, 12-33, and 12C-45 of the |
| 16 | | Criminal Code of 1961 or the Criminal Code of 2012. |
| 17 | | (B) Any attempt to commit any of the offenses listed in |
| 18 | | item (A) of this definition. |
| 19 | | (C) Any offense committed or attempted in any other |
| 20 | | state that, if committed or attempted in this State, would |
| 21 | | have been punishable as one or more of the offenses listed |
| 22 | | in items (A) and (B) of this definition. |
| 23 | | (b) Whenever the holder of any license issued pursuant to |
| 24 | | this Article has been convicted of any sex offense or narcotics |
| 25 | | offense, the State Superintendent of Education shall forthwith |
| 26 | | suspend the license. If the conviction is reversed and the |
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| 1 | | holder is acquitted of the offense in a new trial or the |
| 2 | | charges against him or her are dismissed, the State |
| 3 | | Superintendent of Education shall forthwith terminate the |
| 4 | | suspension of the license. When the conviction becomes final, |
| 5 | | the State Superintendent of Education shall forthwith revoke |
| 6 | | the license. |
| 7 | | (c) Whenever the holder of a license issued pursuant to |
| 8 | | this Article has been convicted of attempting to commit, |
| 9 | | conspiring to commit, soliciting, or committing first degree |
| 10 | | murder or a Class X felony or any offense committed or |
| 11 | | attempted in any other state or against the laws of the United |
| 12 | | States that, if committed or attempted in this State, would |
| 13 | | have been punishable as one or more of the foregoing offenses, |
| 14 | | the State Superintendent of Education shall forthwith suspend |
| 15 | | the license. If the conviction is reversed and the holder is |
| 16 | | acquitted of that offense in a new trial or the charges that he |
| 17 | | or she committed that offense are dismissed, the State |
| 18 | | Superintendent of Education shall forthwith terminate the |
| 19 | | suspension of the license. When the conviction becomes final, |
| 20 | | the State Superintendent of Education shall forthwith revoke |
| 21 | | the license.
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| 22 | | (Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff. |
| 23 | | 7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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| 24 | | Section 15. The Illinois Vehicle Code is amended by |
| 25 | | changing Sections 6-106.1 and 6-508 as follows:
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| 1 | | (625 ILCS 5/6-106.1)
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| 2 | | Sec. 6-106.1. School bus driver permit.
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| 3 | | (a) The Secretary of State shall issue a school bus driver
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| 4 | | permit to those applicants who have met all the requirements of |
| 5 | | the
application and screening process under this Section to |
| 6 | | insure the
welfare and safety of children who are transported |
| 7 | | on school buses
throughout the State of Illinois. Applicants |
| 8 | | shall obtain the
proper application required by the Secretary |
| 9 | | of State from their
prospective or current employer and submit |
| 10 | | the completed
application to the prospective or current |
| 11 | | employer along
with the necessary fingerprint submission as |
| 12 | | required by the
Department of
State Police to conduct |
| 13 | | fingerprint based criminal background
checks on current and |
| 14 | | future information available in the state
system and current |
| 15 | | information available through the Federal Bureau
of |
| 16 | | Investigation's system. Applicants who have completed the
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| 17 | | fingerprinting requirements shall not be subjected to the
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| 18 | | fingerprinting process when applying for subsequent permits or
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| 19 | | submitting proof of successful completion of the annual |
| 20 | | refresher
course. Individuals who on the effective date of this |
| 21 | | Act possess a valid
school bus driver permit that has been |
| 22 | | previously issued by the appropriate
Regional School |
| 23 | | Superintendent are not subject to the fingerprinting
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| 24 | | provisions of this Section as long as the permit remains valid |
| 25 | | and does not
lapse. The applicant shall be required to pay all |
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| 1 | | related
application and fingerprinting fees as established by |
| 2 | | rule
including, but not limited to, the amounts established by |
| 3 | | the Department of
State Police and the Federal Bureau of |
| 4 | | Investigation to process
fingerprint based criminal background |
| 5 | | investigations. All fees paid for
fingerprint processing |
| 6 | | services under this Section shall be deposited into the
State |
| 7 | | Police Services Fund for the cost incurred in processing the |
| 8 | | fingerprint
based criminal background investigations. All |
| 9 | | other fees paid under this
Section shall be deposited into the |
| 10 | | Road
Fund for the purpose of defraying the costs of the |
| 11 | | Secretary of State in
administering this Section. All |
| 12 | | applicants must:
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| 13 | | 1. be 21 years of age or older;
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| 14 | | 2. possess a valid and properly classified driver's |
| 15 | | license
issued by the Secretary of State;
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| 16 | | 3. possess a valid driver's license, which has not been
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| 17 | | revoked, suspended, or canceled for 3 years immediately |
| 18 | | prior to
the date of application, or have not had his or |
| 19 | | her commercial motor vehicle
driving privileges
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| 20 | | disqualified within the 3 years immediately prior to the |
| 21 | | date of application;
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| 22 | | 4. successfully pass a written test, administered by |
| 23 | | the
Secretary of State, on school bus operation, school bus |
| 24 | | safety, and
special traffic laws relating to school buses |
| 25 | | and submit to a review
of the applicant's driving habits by |
| 26 | | the Secretary of State at the time the
written test is |
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| 1 | | given;
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| 2 | | 5. demonstrate ability to exercise reasonable care in |
| 3 | | the operation of
school buses in accordance with rules |
| 4 | | promulgated by the Secretary of State;
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| 5 | | 6. demonstrate physical fitness to operate school |
| 6 | | buses by
submitting the results of a medical examination, |
| 7 | | including tests for drug
use for each applicant not subject |
| 8 | | to such testing pursuant to
federal law, conducted by a |
| 9 | | licensed physician, an advanced practice nurse
who has a |
| 10 | | written collaborative agreement with
a collaborating |
| 11 | | physician which authorizes him or her to perform medical
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| 12 | | examinations, or a physician assistant who has been |
| 13 | | delegated the
performance of medical examinations by his or |
| 14 | | her supervising physician
within 90 days of the date
of |
| 15 | | application according to standards promulgated by the |
| 16 | | Secretary of State;
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| 17 | | 7. affirm under penalties of perjury that he or she has |
| 18 | | not made a
false statement or knowingly concealed a |
| 19 | | material fact
in any application for permit;
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| 20 | | 8. have completed an initial classroom course, |
| 21 | | including first aid
procedures, in school bus driver safety |
| 22 | | as promulgated by the Secretary of
State; and after |
| 23 | | satisfactory completion of said initial course an annual
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| 24 | | refresher course; such courses and the agency or |
| 25 | | organization conducting such
courses shall be approved by |
| 26 | | the Secretary of State; failure to
complete the annual |
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| 1 | | refresher course, shall result in
cancellation of the |
| 2 | | permit until such course is completed;
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| 3 | | 9. not have been under an order of court supervision |
| 4 | | for or convicted of 2 or more serious traffic offenses, as
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| 5 | | defined by rule, within one year prior to the date of |
| 6 | | application that may
endanger the life or safety of any of |
| 7 | | the driver's passengers within the
duration of the permit |
| 8 | | period;
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| 9 | | 10. not have been under an order of court supervision |
| 10 | | for or convicted of reckless driving, aggravated reckless |
| 11 | | driving, driving while under the influence of alcohol, |
| 12 | | other drug or drugs, intoxicating compound or compounds or |
| 13 | | any combination thereof, or reckless homicide resulting |
| 14 | | from the operation of a motor
vehicle within 3 years of the |
| 15 | | date of application;
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| 16 | | 11. not have been convicted of committing or attempting
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| 17 | | to commit any
one or more of the following offenses: (i) |
| 18 | | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, |
| 19 | | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, |
| 20 | | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, |
| 21 | | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, |
| 22 | | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, |
| 23 | | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, |
| 24 | | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, |
| 25 | | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, |
| 26 | | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
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| 1 | | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, |
| 2 | | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, |
| 3 | | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, |
| 4 | | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
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| 5 | | 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, |
| 6 | | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, |
| 7 | | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, |
| 8 | | 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section |
| 9 | | 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), |
| 10 | | (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and |
| 11 | | in subsection (a) and subsection (b), clause (1), of |
| 12 | | Section
12-4, and in subsection (A), clauses (a) and (b), |
| 13 | | of Section 24-3, and those offenses contained in Article |
| 14 | | 29D of the Criminal Code of 1961 or the Criminal Code of |
| 15 | | 2012; (ii) those offenses defined in the
Cannabis Control |
| 16 | | Act except those offenses defined in subsection (c) |
| 17 | | subsections (a) and
(b) of Section 4, and subsection (a) of |
| 18 | | Section 5 of the Cannabis Control
Act; (iii) those offenses |
| 19 | | defined in the Illinois Controlled Substances
Act; (iv) |
| 20 | | those offenses defined in the Methamphetamine Control and |
| 21 | | Community Protection Act; (v) any offense committed or |
| 22 | | attempted in any other state or against
the laws of the |
| 23 | | United States, which if committed or attempted in this
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| 24 | | State would be punishable as one or more of the foregoing |
| 25 | | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 |
| 26 | | of the Wrongs to Children Act or Section 11-9.1A of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) |
| 2 | | those offenses defined in Section 6-16 of the Liquor |
| 3 | | Control Act of
1934;
and (viii) those offenses defined in |
| 4 | | the Methamphetamine Precursor Control Act;
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| 5 | | 12. not have been repeatedly involved as a driver in |
| 6 | | motor vehicle
collisions or been repeatedly convicted of |
| 7 | | offenses against
laws and ordinances regulating the |
| 8 | | movement of traffic, to a degree which
indicates lack of |
| 9 | | ability to exercise ordinary and reasonable care in the
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| 10 | | safe operation of a motor vehicle or disrespect for the |
| 11 | | traffic laws and
the safety of other persons upon the |
| 12 | | highway;
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| 13 | | 13. not have, through the unlawful operation of a motor
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| 14 | | vehicle, caused an accident resulting in the death of any |
| 15 | | person;
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| 16 | | 14. not have, within the last 5 years, been adjudged to |
| 17 | | be
afflicted with or suffering from any mental disability |
| 18 | | or disease; and
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| 19 | | 15. consent, in writing, to the release of results of |
| 20 | | reasonable suspicion drug and alcohol testing under |
| 21 | | Section 6-106.1c of this Code by the employer of the |
| 22 | | applicant to the Secretary of State. |
| 23 | | (b) A school bus driver permit shall be valid for a period |
| 24 | | specified by
the Secretary of State as set forth by rule. It |
| 25 | | shall be renewable upon compliance with subsection (a) of this
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| 26 | | Section.
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| 1 | | (c) A school bus driver permit shall contain the holder's |
| 2 | | driver's
license number, legal name, residence address, zip |
| 3 | | code, and date
of birth, a brief description of the holder and |
| 4 | | a space for signature. The
Secretary of State may require a |
| 5 | | suitable photograph of the holder.
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| 6 | | (d) The employer shall be responsible for conducting a |
| 7 | | pre-employment
interview with prospective school bus driver |
| 8 | | candidates, distributing school
bus driver applications and |
| 9 | | medical forms to be completed by the applicant, and
submitting |
| 10 | | the applicant's fingerprint cards to the Department of State |
| 11 | | Police
that are required for the criminal background |
| 12 | | investigations. The employer
shall certify in writing to the |
| 13 | | Secretary of State that all pre-employment
conditions have been |
| 14 | | successfully completed including the successful completion
of |
| 15 | | an Illinois specific criminal background investigation through |
| 16 | | the
Department of State Police and the submission of necessary
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| 17 | | fingerprints to the Federal Bureau of Investigation for |
| 18 | | criminal
history information available through the Federal |
| 19 | | Bureau of
Investigation system. The applicant shall present the
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| 20 | | certification to the Secretary of State at the time of |
| 21 | | submitting
the school bus driver permit application.
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| 22 | | (e) Permits shall initially be provisional upon receiving
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| 23 | | certification from the employer that all pre-employment |
| 24 | | conditions
have been successfully completed, and upon |
| 25 | | successful completion of
all training and examination |
| 26 | | requirements for the classification of
the vehicle to be |
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| 1 | | operated, the Secretary of State shall
provisionally issue a |
| 2 | | School Bus Driver Permit. The permit shall
remain in a |
| 3 | | provisional status pending the completion of the
Federal Bureau |
| 4 | | of Investigation's criminal background investigation based
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| 5 | | upon fingerprinting specimens submitted to the Federal Bureau |
| 6 | | of
Investigation by the Department of State Police. The Federal |
| 7 | | Bureau of
Investigation shall report the findings directly to |
| 8 | | the Secretary
of State. The Secretary of State shall remove the |
| 9 | | bus driver
permit from provisional status upon the applicant's |
| 10 | | successful
completion of the Federal Bureau of Investigation's |
| 11 | | criminal
background investigation.
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| 12 | | (f) A school bus driver permit holder shall notify the
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| 13 | | employer and the Secretary of State if he or she is issued an |
| 14 | | order of court supervision for or convicted in
another state of |
| 15 | | an offense that would make him or her ineligible
for a permit |
| 16 | | under subsection (a) of this Section. The
written notification |
| 17 | | shall be made within 5 days of the entry of
the order of court |
| 18 | | supervision or conviction. Failure of the permit holder to |
| 19 | | provide the
notification is punishable as a petty
offense for a |
| 20 | | first violation and a Class B misdemeanor for a
second or |
| 21 | | subsequent violation.
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| 22 | | (g) Cancellation; suspension; notice and procedure.
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| 23 | | (1) The Secretary of State shall cancel a school bus
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| 24 | | driver permit of an applicant whose criminal background |
| 25 | | investigation
discloses that he or she is not in compliance |
| 26 | | with the provisions of subsection
(a) of this Section.
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| 1 | | (2) The Secretary of State shall cancel a school
bus |
| 2 | | driver permit when he or she receives notice that the |
| 3 | | permit holder fails
to comply with any provision of this |
| 4 | | Section or any rule promulgated for the
administration of |
| 5 | | this Section.
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| 6 | | (3) The Secretary of State shall cancel a school bus
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| 7 | | driver permit if the permit holder's restricted commercial |
| 8 | | or
commercial driving privileges are withdrawn or |
| 9 | | otherwise
invalidated.
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| 10 | | (4) The Secretary of State may not issue a school bus
|
| 11 | | driver permit for a period of 3 years to an applicant who |
| 12 | | fails to
obtain a negative result on a drug test as |
| 13 | | required in item 6 of
subsection (a) of this Section or |
| 14 | | under federal law.
|
| 15 | | (5) The Secretary of State shall forthwith suspend
a |
| 16 | | school bus driver permit for a period of 3 years upon |
| 17 | | receiving
notice that the holder has failed to obtain a |
| 18 | | negative result on a
drug test as required in item 6 of |
| 19 | | subsection (a) of this Section
or under federal law.
|
| 20 | | (6) The Secretary of State shall suspend a school bus |
| 21 | | driver permit for a period of 3 years upon receiving notice |
| 22 | | from the employer that the holder failed to perform the |
| 23 | | inspection procedure set forth in subsection (a) or (b) of |
| 24 | | Section 12-816 of this Code. |
| 25 | | (7) The Secretary of State shall suspend a school bus |
| 26 | | driver permit for a period of 3 years upon receiving notice |
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| 1 | | from the employer that the holder refused to submit to an |
| 2 | | alcohol or drug test as required by Section 6-106.1c or has |
| 3 | | submitted to a test required by that Section which |
| 4 | | disclosed an alcohol concentration of more than 0.00 or |
| 5 | | disclosed a positive result on a National Institute on Drug |
| 6 | | Abuse five-drug panel, utilizing federal standards set |
| 7 | | forth in 49 CFR 40.87. |
| 8 | | The Secretary of State shall notify the State |
| 9 | | Superintendent
of Education and the permit holder's |
| 10 | | prospective or current
employer that the applicant has (1) has |
| 11 | | failed a criminal
background investigation or (2) is no
longer |
| 12 | | eligible for a school bus driver permit; and of the related
|
| 13 | | cancellation of the applicant's provisional school bus driver |
| 14 | | permit. The
cancellation shall remain in effect pending the |
| 15 | | outcome of a
hearing pursuant to Section 2-118 of this Code. |
| 16 | | The scope of the
hearing shall be limited to the issuance |
| 17 | | criteria contained in
subsection (a) of this Section. A |
| 18 | | petition requesting a
hearing shall be submitted to the |
| 19 | | Secretary of State and shall
contain the reason the individual |
| 20 | | feels he or she is entitled to a
school bus driver permit. The |
| 21 | | permit holder's
employer shall notify in writing to the |
| 22 | | Secretary of State
that the employer has certified the removal |
| 23 | | of the offending school
bus driver from service prior to the |
| 24 | | start of that school bus
driver's next workshift. An employing |
| 25 | | school board that fails to
remove the offending school bus |
| 26 | | driver from service is
subject to the penalties defined in |
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| 1 | | Section 3-14.23 of the School Code. A
school bus
contractor who |
| 2 | | violates a provision of this Section is
subject to the |
| 3 | | penalties defined in Section 6-106.11.
|
| 4 | | All valid school bus driver permits issued under this |
| 5 | | Section
prior to January 1, 1995, shall remain effective until |
| 6 | | their
expiration date unless otherwise invalidated.
|
| 7 | | (h) When a school bus driver permit holder who is a service |
| 8 | | member is called to active duty, the employer of the permit |
| 9 | | holder shall notify the Secretary of State, within 30 days of |
| 10 | | notification from the permit holder, that the permit holder has |
| 11 | | been called to active duty. Upon notification pursuant to this |
| 12 | | subsection, (i) the Secretary of State shall characterize the |
| 13 | | permit as inactive until a permit holder renews the permit as |
| 14 | | provided in subsection (i) of this Section, and (ii) if a |
| 15 | | permit holder fails to comply with the requirements of this |
| 16 | | Section while called to active duty, the Secretary of State |
| 17 | | shall not characterize the permit as invalid. |
| 18 | | (i) A school bus driver permit holder who is a service |
| 19 | | member returning from active duty must, within 90 days, renew a |
| 20 | | permit characterized as inactive pursuant to subsection (h) of |
| 21 | | this Section by complying with the renewal requirements of |
| 22 | | subsection (b) of this Section. |
| 23 | | (j) For purposes of subsections (h) and (i) of this |
| 24 | | Section: |
| 25 | | "Active duty" means active duty pursuant to an executive |
| 26 | | order of the President of the United States, an act of the |
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| 1 | | Congress of the United States, or an order of the Governor. |
| 2 | | "Service member" means a member of the Armed Services or |
| 3 | | reserve forces of the United States or a member of the Illinois |
| 4 | | National Guard. |
| 5 | | (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; |
| 6 | | 96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. |
| 7 | | 7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551, |
| 8 | | Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11; |
| 9 | | 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff. |
| 10 | | 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, |
| 11 | | eff. 1-25-13.)
|
| 12 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
|
| 13 | | (Text of Section after amendment by P.A. 98-176)
|
| 14 | | Sec. 6-508. Commercial Driver's License (CDL) - |
| 15 | | qualification standards.
|
| 16 | | (a) Testing.
|
| 17 | | (1) General. No person shall be issued an original or |
| 18 | | renewal CDL
unless that person is
domiciled in this State |
| 19 | | or is applying for a non-domiciled CDL under Sections 6-509 |
| 20 | | and 6-510 of this Code. The Secretary shall cause to be |
| 21 | | administered such
tests as the Secretary deems necessary to |
| 22 | | meet the requirements of 49
C.F.R. Part 383, subparts F, G, |
| 23 | | H, and J.
|
| 24 | | (1.5) Effective July 1, 2014, no person shall be issued |
| 25 | | an original CDL or an upgraded CDL that requires a skills |
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| 1 | | test unless that person has held a CLP, for a minimum of 14 |
| 2 | | calendar days, for the classification of vehicle and |
| 3 | | endorsement, if any, for which the person is seeking a CDL. |
| 4 | | (2) Third party testing. The Secretary of State state |
| 5 | | may authorize a
"third party tester", pursuant to 49 C.F.R. |
| 6 | | Part 383.75 and 49 C.F.R. 384.228 and 384.229, to |
| 7 | | administer the
skills test or tests specified by the |
| 8 | | Federal Motor Carrier Safety
Administration pursuant to |
| 9 | | the
Commercial Motor Vehicle Safety Act of 1986 and any |
| 10 | | appropriate federal rule.
|
| 11 | | (b) Waiver of Skills Test. The Secretary of State may waive |
| 12 | | the skills
test specified in this Section for a driver |
| 13 | | applicant for a commercial driver license
who meets the |
| 14 | | requirements of 49 C.F.R. Part 383.77.
The Secretary of State |
| 15 | | shall waive the skills tests specified in this Section for a |
| 16 | | driver applicant who has military commercial motor vehicle |
| 17 | | experience, subject to the requirements of 49 C.F.R. 383.77.
|
| 18 | | (b-1) No person shall be issued a CDL unless the person |
| 19 | | certifies to the Secretary one of the following types of |
| 20 | | driving operations in which he or she will be engaged: |
| 21 | | (1) non-excepted interstate; |
| 22 | | (2) non-excepted intrastate; |
| 23 | | (3) excepted interstate; or |
| 24 | | (4) excepted intrastate. |
| 25 | | (b-2) (Blank). |
| 26 | | (c) Limitations on issuance of a CDL. A CDL shall not be |
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| 1 | | issued to a person while the person is
subject to a |
| 2 | | disqualification from driving a commercial motor vehicle, or
|
| 3 | | unless otherwise permitted by this Code, while the person's |
| 4 | | driver's
license is suspended, revoked or cancelled in
any |
| 5 | | state, or any territory or province of Canada; nor may a CLP or |
| 6 | | CDL be issued
to a person who has a CLP or CDL issued by any |
| 7 | | other state, or foreign
jurisdiction, nor may a CDL be issued |
| 8 | | to a person who has an Illinois CLP unless the person first |
| 9 | | surrenders all of these
licenses or permits. However, a person |
| 10 | | may hold an Illinois CLP and an Illinois CDL providing the CLP |
| 11 | | is necessary to train or practice for an endorsement or vehicle |
| 12 | | classification not present on the current CDL. No CDL shall be |
| 13 | | issued to or renewed for a person who does not
meet the |
| 14 | | requirement of 49 CFR 391.41(b)(11). The requirement may be met |
| 15 | | with
the aid of a hearing aid.
|
| 16 | | (c-1) The Secretary may issue a CDL with a school bus |
| 17 | | driver endorsement
to allow a person to drive the type of bus |
| 18 | | described in subsection (d-5) of
Section 6-104 of this Code. |
| 19 | | The CDL with a school bus driver endorsement may be
issued only |
| 20 | | to a person meeting the following requirements:
|
| 21 | | (1) the person has submitted his or her fingerprints to |
| 22 | | the
Department of State Police in the form and manner
|
| 23 | | prescribed by the Department of State Police. These
|
| 24 | | fingerprints shall be checked against the fingerprint |
| 25 | | records
now and hereafter filed in the Department of State |
| 26 | | Police and
Federal Bureau of Investigation criminal |
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| 1 | | history records databases;
|
| 2 | | (2) the person has passed a written test, administered |
| 3 | | by the Secretary of
State, on charter bus operation, |
| 4 | | charter bus safety, and certain special
traffic laws
|
| 5 | | relating to school buses determined by the Secretary of |
| 6 | | State to be relevant to
charter buses, and submitted to a |
| 7 | | review of the driver applicant's driving
habits by the |
| 8 | | Secretary of State at the time the written test is given;
|
| 9 | | (3) the person has demonstrated physical fitness to |
| 10 | | operate school buses
by
submitting the results of a medical |
| 11 | | examination, including tests for drug
use; and
|
| 12 | | (4) the person has not been convicted of committing or |
| 13 | | attempting
to commit any
one or more of the following |
| 14 | | offenses: (i) those offenses defined in
Sections 8-1.2, |
| 15 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, |
| 16 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, |
| 17 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
|
| 18 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, |
| 19 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, |
| 20 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, |
| 21 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, |
| 22 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, |
| 23 | | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, |
| 24 | | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, |
| 25 | | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, |
| 26 | | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, |
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| 1 | | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
|
| 2 | | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, |
| 3 | | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, |
| 4 | | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection |
| 5 | | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), |
| 6 | | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of |
| 7 | | Section 12-3.05, and in subsection (a) and subsection (b), |
| 8 | | clause (1), of Section
12-4, and in subsection (A), clauses |
| 9 | | (a) and (b), of Section 24-3, and those offenses contained |
| 10 | | in Article 29D of the Criminal Code of 1961 or the Criminal |
| 11 | | Code of 2012; (ii) those offenses defined in the
Cannabis |
| 12 | | Control Act except those offenses defined in subsection (c) |
| 13 | | subsections (a) and
(b) of Section 4, and subsection (a) of |
| 14 | | Section 5 of the Cannabis Control
Act; (iii) those offenses |
| 15 | | defined in the Illinois Controlled Substances
Act; (iv) |
| 16 | | those offenses defined in the Methamphetamine Control and |
| 17 | | Community Protection Act; (v) any offense committed or |
| 18 | | attempted in any other state or against
the laws of the |
| 19 | | United States, which if committed or attempted in this
|
| 20 | | State would be punishable as one or more of the foregoing |
| 21 | | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 |
| 22 | | of the Wrongs to Children Act or Section 11-9.1A of the |
| 23 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) |
| 24 | | those offenses defined in Section 6-16 of the Liquor |
| 25 | | Control Act of
1934; and (viii) those offenses defined in |
| 26 | | the Methamphetamine Precursor Control Act.
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| 1 | | The Department of State Police shall charge
a fee for |
| 2 | | conducting the criminal history records check, which shall be
|
| 3 | | deposited into the State Police Services Fund and may not |
| 4 | | exceed the actual
cost of the records check.
|
| 5 | | (c-2) The Secretary shall issue a CDL with a school bus |
| 6 | | endorsement to allow a person to drive a school bus as defined |
| 7 | | in this Section. The CDL shall be issued according to the |
| 8 | | requirements outlined in 49 C.F.R. 383. A person may not |
| 9 | | operate a school bus as defined in this Section without a |
| 10 | | school bus endorsement. The Secretary of State may adopt rules |
| 11 | | consistent with Federal guidelines to implement this |
| 12 | | subsection (c-2).
|
| 13 | | (d) (Blank).
|
| 14 | | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; |
| 15 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. |
| 16 | | 1-1-14; 98-176, eff. 7-1-14; revised 9-19-13.)
|
| 17 | | Section 20. The Cannabis Control Act is amended by changing |
| 18 | | Sections 4, 5, 5.2, and 10 and by adding Section 4.1 as |
| 19 | | follows:
|
| 20 | | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
|
| 21 | | Sec. 4. It is unlawful for any person knowingly to possess |
| 22 | | cannabis. Any person
who violates this section with respect |
| 23 | | to:
|
| 24 | | (a) (blank); not more than 2.5 grams of any substance |
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| 1 | | containing cannabis is
guilty of a Class C misdemeanor;
|
| 2 | | (b) (blank); more than 2.5 grams but not more than 10 |
| 3 | | grams of any substance
containing cannabis is guilty of a |
| 4 | | Class B misdemeanor;
|
| 5 | | (c) more than 10 grams but not more than 30 grams of |
| 6 | | any substance
containing cannabis is subject to the |
| 7 | | penalties under Section 4.1 of this Act, unless the person |
| 8 | | has been previously convicted of 2 or more violations under |
| 9 | | this Act, in which case the person is guilty of a Class A |
| 10 | | misdemeanor; guilty of a Class A misdemeanor; provided, |
| 11 | | that if
any offense under this subsection (c) is a |
| 12 | | subsequent offense, the offender
shall be guilty of a Class |
| 13 | | 4 felony;
|
| 14 | | (d) more than 30 grams but not more than 500 grams of |
| 15 | | any substance
containing cannabis is guilty of a Class A |
| 16 | | misdemeanor for a first offense and a Class 4 felony for a |
| 17 | | subsequent offense; Class 4 felony; provided that if any
|
| 18 | | offense under this subsection (d) is a subsequent offense, |
| 19 | | the offender
shall be guilty of a Class 3 felony;
|
| 20 | | (e) more than 500 grams but not more than 2,500 2,000 |
| 21 | | grams of any substance
containing cannabis is guilty
of a |
| 22 | | Class 3 felony;
|
| 23 | | (f) (blank); more than 2,000 grams but not more than |
| 24 | | 5,000 grams of any
substance containing cannabis is guilty |
| 25 | | of a Class 2 felony;
|
| 26 | | (g) more than 2,500 5,000 grams of any substance |
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| 1 | | containing cannabis is guilty
of a Class 1 felony.
|
| 2 | | (Source: P.A. 90-397, eff. 8-15-97.)
|
| 3 | | (720 ILCS 550/4.1 new) |
| 4 | | Sec. 4.1. Petty offense for possession of 30 grams or less |
| 5 | | of cannabis. |
| 6 | | (a) Upon arrest for possession of not more than 30 grams of |
| 7 | | any substance containing cannabis under Section 4(c) of this |
| 8 | | Act, criminal charges may be commenced under a Uniform Cannabis |
| 9 | | Citation under Section 111-3 of the Code of Criminal Procedure |
| 10 | | of 1963 as provided in subsection (c) of this Section, and the |
| 11 | | defendant shall be prosecuted and sentenced for the commission |
| 12 | | of a petty offense. |
| 13 | | (b) For purposes of this Section, a "petty offense" is an |
| 14 | | offense for which a sentence of imprisonment is not an |
| 15 | | authorized disposition. |
| 16 | | (c) After a person has been arrested for an offense listed |
| 17 | | in subsection (a) of this Section, once the officer has |
| 18 | | determined the identity of the person, and determined that the |
| 19 | | offender has not been previously convicted of 2 or more |
| 20 | | offenses under this Act, the law enforcement officer may issue |
| 21 | | the person a Uniform Cannabis Citation. When the law |
| 22 | | enforcement officer has observed the commission of the offense, |
| 23 | | the signing of the Uniform Cannabis Citation is sufficient to |
| 24 | | charge the person if the law enforcement officer certifies that |
| 25 | | the statements in the Uniform Cannabis Citation are true and |
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| 1 | | correct and subject to the penalties provided by law for false |
| 2 | | certification under Section 1-109 of the Code of Civil |
| 3 | | Procedure and perjury under Section 32-2 of the Criminal Code |
| 4 | | of 2012. The Uniform Cannabis Citation shall allege the |
| 5 | | commission of the offense by including: |
| 6 | | (1) the name, date of birth, and address of the |
| 7 | | defendant; |
| 8 | | (2) the name of the offense; |
| 9 | | (3) the statutory provision alleged to have been |
| 10 | | violated; |
| 11 | | (4) the date, time, location, and county of the offense |
| 12 | | as definitely can be done; |
| 13 | | (5) the weight of the recovered substance; and |
| 14 | | (6) the fine amount based upon the defendant's number |
| 15 | | of prior guilty dispositions charged by a Uniform Cannabis |
| 16 | | Citation. |
| 17 | | When a Uniform Cannabis Citation has been issued to a |
| 18 | | defendant, the copy of the Citation filed with the circuit |
| 19 | | court constitutes a complaint to which the defendant may plead, |
| 20 | | unless he or she specifically requests that a verified |
| 21 | | complaint be filed. |
| 22 | | (d) When a Uniform Cannabis Citation has been issued to a |
| 23 | | defendant, the arresting officer shall set the defendant's |
| 24 | | first appearance in court on a date not less than 14 days but |
| 25 | | within 60 days after the date of the defendant's arrest. |
| 26 | | (e) When a Uniform Cannabis Citation has been issued to a |
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| 1 | | defendant, the law enforcement officer shall also issue written |
| 2 | | notice to the defendant in substantially the following form:
|
| 3 | | AVOID MULTIPLE COURT APPEARANCES |
| 4 | | If you intend to plead "not guilty" to this charge, or if, |
| 5 | | in addition, you intend to demand a trial by jury, so |
| 6 | | notify the clerk of the court at least 10 days (excluding |
| 7 | | Saturdays, Sundays, or holidays) before the day set for |
| 8 | | your appearance. A new appearance date for a trial by jury |
| 9 | | will be set for a court date not less than 45 days, but not |
| 10 | | more than 60 days, after your arrest, and arrangements will |
| 11 | | be made to have the arresting officer and laboratory |
| 12 | | analyst on the next court date for jury trial. Failure to |
| 13 | | notify the clerk of either your intention to plead "not |
| 14 | | guilty" or your intention to demand a jury trial, may |
| 15 | | result in your having to return to court, if you plead "not |
| 16 | | guilty" on the date originally set for your court |
| 17 | | appearance.
|
| 18 | | (f) A case shall not be dismissed due to an error by the |
| 19 | | arresting officer or the clerk of the court, or both, in |
| 20 | | setting a defendant's first appearance date, subject to the |
| 21 | | right of speedy trial under Section 103-5 of the Code of |
| 22 | | Criminal Procedure of 1963. |
| 23 | | (g) Within 14 days (excluding Saturdays, Sundays, or |
| 24 | | holidays) from the date the defendant was issued the Uniform |
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| 1 | | Cannabis Citation, a defendant may enter a plea of guilty and |
| 2 | | mail the fine to the clerk of the court of the county in which |
| 3 | | the defendant was arrested. The fine when no court appearance |
| 4 | | is required is as follows: |
| 5 | | (1) $250 for a first disposition of guilty of an |
| 6 | | offense charged by a Uniform Cannabis Citation; or |
| 7 | | (2) $300 for a second disposition of guilty of an |
| 8 | | offense charged by Uniform Cannabis Citation. |
| 9 | | (h) To plead guilty, the defendant shall sign the section |
| 10 | | on the reverse side of the Uniform Cannabis Citation which |
| 11 | | indicates the defendant knowingly and voluntarily enters a plea |
| 12 | | of guilty after being informed that: |
| 13 | | (1) the nature of this charge is a petty offense not |
| 14 | | punishable by a sentence of imprisonment; and |
| 15 | | (2) the fine is $250 for a first disposition of guilty |
| 16 | | to an offense charged by a Uniform Cannabis Citation and |
| 17 | | $300 for a second disposition of guilty to an offense |
| 18 | | charged by a Uniform Cannabis Citation; |
| 19 | | (3) the defendant has the right to plead not guilty, to |
| 20 | | persist in the plea of not guilty if it has already been |
| 21 | | made, or to plead guilty; |
| 22 | | (4) if the defendant pleads guilty, there will not be a |
| 23 | | trial of any kind, so that by pleading guilty, the |
| 24 | | defendant waives the right to a trial by jury and the right |
| 25 | | to be confronted with the witnesses against him or her, to |
| 26 | | cross-examine these witnesses, and to testify if he or she |
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| 1 | | chooses to do so; |
| 2 | | (5) if the defendant pleads not guilty and requests a |
| 3 | | trial, if the defendant is found guilty he or she is |
| 4 | | required to pay the fine imposed under subsection (j) of |
| 5 | | this Section, an additional penalty for failure to pay the |
| 6 | | fine in a timely manner as provided in subsection (g) of |
| 7 | | this Section, all applicable court costs and fees, all |
| 8 | | applicable crime lab drug analysis costs and fees |
| 9 | | prescribed by the circuit court, and a period of probation |
| 10 | | or conditional discharge not to exceed a period of 6 |
| 11 | | months; |
| 12 | | (6) if the defendant fails to appear at a hearing or |
| 13 | | trial, a default judgment shall be entered against the |
| 14 | | defendant for the fine amount under subsection (j) of this |
| 15 | | Section, plus all applicable fees and costs under this |
| 16 | | Section, and an arrest warrant may issue for the defendant |
| 17 | | under Supreme Court Rule 572(b); and |
| 18 | | (7) the disposition of this offense will be sent to the |
| 19 | | Department of State Police and local law enforcement |
| 20 | | agencies. |
| 21 | | (i) When a defendant has received a Uniform Cannabis |
| 22 | | Citation and does not appear on the date set for appearance or |
| 23 | | any date which the case has been continued, the court shall |
| 24 | | continue the case for a minimum of 30 days and require a notice |
| 25 | | of the next continued court date be sent to the defendant at |
| 26 | | his or her last known address. If the defendant does not appear |
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| 1 | | on or before the next continued court date and satisfy the |
| 2 | | court that his or her appearance was impossible and without any |
| 3 | | fault on his or her part, the court shall enter an order of |
| 4 | | failure to appear to answer the charge. A verified charge may |
| 5 | | be filed, if one has not been previously filed, and a summons |
| 6 | | or warrant of arrest for the defendant may be issued by the |
| 7 | | court. |
| 8 | | (j) Upon a plea of guilty during a court appearance or a |
| 9 | | finding of guilty after a trial, the court shall impose for the |
| 10 | | offense: |
| 11 | | (1) a fine of $250 for a first disposition of guilty of |
| 12 | | an offense charged by Uniform Cannabis Citation; or |
| 13 | | (2) a fine of $300 for a second disposition of guilty |
| 14 | | of an offense charged by Uniform Cannabis Citation; and |
| 15 | | (3) an additional penalty set by the court for failure |
| 16 | | to pay the fine in a timely manner as provided in |
| 17 | | subsection (g) of this Section; and |
| 18 | | (4) all applicable crime lab drug analysis costs and |
| 19 | | fees prescribed by the court, and all applicable court |
| 20 | | costs and fees. |
| 21 | | (k) A person who fails to pay all applicable fines, fees, |
| 22 | | or costs imposed under this Section within 180 days is subject |
| 23 | | to garnishment, lien, attachment, or other judicial process to |
| 24 | | recover any outstanding debt. |
| 25 | | (l) All funds obtained under this Section shall be |
| 26 | | distributed into the general revenue fund of the county in |
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| 1 | | which the offense was committed. |
| 2 | | (m) The Department of State Police shall create a Uniform |
| 3 | | Cannabis Citation for use by law enforcement agencies under |
| 4 | | this Section. The Department of State Police may adopt rules to |
| 5 | | implement this Section. |
| 6 | | (n) A county or municipality, including a home rule unit, |
| 7 | | may not regulate the enforcement of laws governing violations |
| 8 | | of this Act. This Section is a denial and limitation under |
| 9 | | subsection (i) of Section 6 of Article VII of the Illinois |
| 10 | | Constitution on the concurrent exercise by home rule units of |
| 11 | | the powers exclusively exercised by the State. A system of |
| 12 | | regulation enforcing laws governing violations of this Act by a |
| 13 | | county or municipality, including a home rule unit, that was in |
| 14 | | effect before the effective date of this amendatory Act of the |
| 15 | | 98th General Assembly is exempt from the provisions of this |
| 16 | | Section. |
| 17 | | (o) A person who commits a third or subsequent offense |
| 18 | | listed in subsection (a) of this Section is subject to the |
| 19 | | criminal penalties under subsection (c) of Section 4 of this |
| 20 | | Act.
|
| 21 | | (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
|
| 22 | | Sec. 5. Manufacture, deliver, or
possess with intent to |
| 23 | | deliver, or manufacture, cannabis. It is unlawful for any |
| 24 | | person knowingly to manufacture, deliver, or
possess with |
| 25 | | intent to deliver, or manufacture, cannabis. Any person who
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| 1 | | violates this Section section with respect to:
|
| 2 | | (a) not more than 30 grams is guilty of a Class B |
| 3 | | misdemeanor for a first offense, a Class A misdemeanor for a |
| 4 | | second offense, and a Class 4 felony for a third or subsequent |
| 5 | | offense; 2.5 grams of any substance containing cannabis is
|
| 6 | | guilty of a Class B misdemeanor;
|
| 7 | | (b) (blank); more than 2.5 grams but not more than 10 grams |
| 8 | | of any substance
containing cannabis is guilty of a Class A |
| 9 | | misdemeanor;
|
| 10 | | (c) (blank); more than 10 grams but not more than 30 grams |
| 11 | | of any substance
containing cannabis is guilty of a Class 4 |
| 12 | | felony;
|
| 13 | | (d) more than 30 grams but not more than 500 grams of any |
| 14 | | substance
containing cannabis is guilty of a Class 4 felony for |
| 15 | | a first offense, and a Class 3 felony for a second or |
| 16 | | subsequent offense. A for which a fine not
to exceed $50,000 |
| 17 | | may be imposed for a violation of this subsection;
|
| 18 | | (e) more than 500 grams but not more than 2,500 2,000 grams |
| 19 | | of any substance
containing cannabis is guilty
of a Class 2 |
| 20 | | felony for which a fine not to exceed $100,000 may be
imposed;
|
| 21 | | (f) (blank); more than 2,000 grams but not more than 5,000 |
| 22 | | grams of any
substance containing cannabis is guilty of a Class |
| 23 | | 1 felony for which a
fine not to exceed $150,000 may be |
| 24 | | imposed;
|
| 25 | | (g) more than 2,500 5,000 grams of any substance containing |
| 26 | | cannabis is guilty
of a Class X felony for which a fine not to |
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| 1 | | exceed $200,000 may be imposed.
|
| 2 | | (Source: P.A. 90-397, eff. 8-15-97.)
|
| 3 | | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
|
| 4 | | Sec. 5.2. Delivery of cannabis on school grounds. It is |
| 5 | | unlawful for any person knowingly to manufacture, deliver, or
|
| 6 | | possess with intent to deliver, or manufacture, cannabis in any |
| 7 | | school,
on the real property comprising any school, or any |
| 8 | | conveyance owned, leased
or contracted by a school to transport |
| 9 | | students to or from school or a
school related activity, or on |
| 10 | | any public way within
1,000 feet of the real property |
| 11 | | comprising any school, or any conveyance
owned, leased or |
| 12 | | contracted by a school to transport students to or from
school |
| 13 | | or a school related activity. Any person who
violates this |
| 14 | | Section with respect to: |
| 15 | | (a) more than 2,000 grams of any substance containing |
| 16 | | cannabis is guilty of a Class X felony, the fine for which |
| 17 | | shall not exceed $200,000; |
| 18 | | (b) more than 500 grams but not more than 2,000 grams of |
| 19 | | any substance
containing cannabis (a) Any person who violates |
| 20 | | subsection (e) of Section 5 in any school,
on the real property |
| 21 | | comprising any school, or any conveyance owned, leased
or |
| 22 | | contracted by a school to transport students to or from school |
| 23 | | or a
school related activity, or on any public way within
1,000 |
| 24 | | feet of the real property comprising any school, or any |
| 25 | | conveyance
owned, leased or contracted by a school to transport |
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| 1 | | students to or from
school or a school related activity, is |
| 2 | | guilty of a Class
1 felony, the fine for which shall not exceed |
| 3 | | $200,000;
|
| 4 | | (c) more than 30 grams but not more than 500 grams of any |
| 5 | | substance
containing cannabis (b) Any person who violates |
| 6 | | subsection (d) of Section 5 in any school,
on the real property |
| 7 | | comprising any school, or any conveyance owned, leased
or |
| 8 | | contracted by a school to transport students to or from school |
| 9 | | or a
school related activity, or on any public way within 1,000 |
| 10 | | feet of the real
property comprising any school, or any |
| 11 | | conveyance owned, leased or
contracted by a school to transport |
| 12 | | students to or from school or a school
related activity, is |
| 13 | | guilty of a Class 2 felony, the fine for which shall
not exceed |
| 14 | | $100,000;
|
| 15 | | (d) more than 10 grams but not more than 30 grams of any |
| 16 | | substance
containing cannabis (c) Any person who violates |
| 17 | | subsection (c) of Section 5 in any school,
on the real property |
| 18 | | comprising any school, or any conveyance owned, leased
or |
| 19 | | contracted by a school to transport students to or from school |
| 20 | | or a
school related activity, or on any public way within 1,000 |
| 21 | | feet of the real
property comprising any school, or any |
| 22 | | conveyance owned, leased or
contracted by a school to transport |
| 23 | | students to or from school or a school
related activity, is |
| 24 | | guilty of a Class 3 felony, the fine for which shall
not exceed |
| 25 | | $50,000;
|
| 26 | | (e) more than 2.5 grams but not more than 10 grams of any |
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| 1 | | substance
containing cannabis (d) Any person who violates |
| 2 | | subsection (b) of Section 5 in any school,
on the real property |
| 3 | | comprising any school, or any conveyance owned, leased
or |
| 4 | | contracted by a school to transport students to or from school |
| 5 | | or a
school related activity, or on any public way within 1,000 |
| 6 | | feet of the real
property comprising any school, or any |
| 7 | | conveyance owned, leased or
contracted by a school to transport |
| 8 | | students to or from school or a school
related activity, is |
| 9 | | guilty of a Class 4 felony, the fine for which shall
not exceed |
| 10 | | $25,000;
|
| 11 | | (f) not more than 2.5 grams of any substance containing |
| 12 | | cannabis (e) Any person who violates subsection (a) of Section |
| 13 | | 5 in any school,
on the real property comprising any school, or |
| 14 | | any conveyance owned, leased
or contracted by a school to |
| 15 | | transport students to or from school or a
school related |
| 16 | | activity, on any public way within 1,000 feet of the real
|
| 17 | | property comprising any school, or any conveyance owned, leased |
| 18 | | or
contracted by a school to transport students to or from |
| 19 | | school or a school
related activity, is guilty of a Class A |
| 20 | | misdemeanor.
|
| 21 | | (Source: P.A. 87-544.)
|
| 22 | | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
|
| 23 | | Sec. 10. (a)
Whenever any person who has not previously |
| 24 | | been convicted of, or placed
on probation or court supervision |
| 25 | | for, any offense under this Act or any
law of the United States |
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| 1 | | or of any State relating to cannabis, or controlled
substances |
| 2 | | as defined in the Illinois Controlled Substances Act, pleads
|
| 3 | | guilty to or is found guilty of violating Sections 4(a), 4(b), |
| 4 | | 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without |
| 5 | | entering a
judgment and with the consent of such person, |
| 6 | | sentence him to probation.
|
| 7 | | (b) When a person is placed on probation, the court shall |
| 8 | | enter an order
specifying a period of probation of 24 months, |
| 9 | | and shall defer further
proceedings in
the case until the |
| 10 | | conclusion of the period or until the filing of a petition
|
| 11 | | alleging violation of a term or condition of probation.
|
| 12 | | (c) The conditions of probation shall be that the person: |
| 13 | | (1) not violate
any criminal statute of any jurisdiction; (2) |
| 14 | | refrain from possession of a
firearm
or other dangerous weapon; |
| 15 | | (3) submit to periodic drug testing at a time and in
a manner |
| 16 | | as ordered by the court, but no less than 3 times during the |
| 17 | | period of
the probation, with the cost of the testing to be |
| 18 | | paid by the probationer; and
(4) perform no less than 30 hours |
| 19 | | of community service, provided community
service is available |
| 20 | | in the jurisdiction and is funded and approved by the
county |
| 21 | | board.
|
| 22 | | (d) The court may, in addition to other conditions, require
|
| 23 | | that the person:
|
| 24 | | (1) make a report to and appear in person before or |
| 25 | | participate with the
court or such courts, person, or |
| 26 | | social service agency as directed by the
court in the order |
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| 1 | | of probation;
|
| 2 | | (2) pay a fine and costs;
|
| 3 | | (3) work or pursue a course of study or vocational |
| 4 | | training;
|
| 5 | | (4) undergo medical or psychiatric treatment; or |
| 6 | | treatment for drug
addiction or alcoholism;
|
| 7 | | (5) attend or reside in a facility established for the |
| 8 | | instruction or
residence of defendants on probation;
|
| 9 | | (6) support his dependents;
|
| 10 | | (7) refrain from possessing a firearm or other |
| 11 | | dangerous weapon;
|
| 12 | | (7-5) refrain from having in his or her body the |
| 13 | | presence of any illicit
drug prohibited by the Cannabis |
| 14 | | Control Act, the Illinois Controlled
Substances Act, or the |
| 15 | | Methamphetamine Control and Community Protection Act, |
| 16 | | unless prescribed by a physician, and submit samples of
his |
| 17 | | or her blood or urine or both for tests to determine the |
| 18 | | presence of any
illicit drug;
|
| 19 | | (8) and in addition, if a minor:
|
| 20 | | (i) reside with his parents or in a foster home;
|
| 21 | | (ii) attend school;
|
| 22 | | (iii) attend a non-residential program for youth;
|
| 23 | | (iv) contribute to his own support at home or in a |
| 24 | | foster home.
|
| 25 | | (e) Upon violation of a term or condition of probation, the
|
| 26 | | court
may enter a judgment on its original finding of guilt and |
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| 1 | | proceed as otherwise
provided.
|
| 2 | | (f) Upon fulfillment of the terms and
conditions of |
| 3 | | probation, the court shall discharge such person and dismiss
|
| 4 | | the proceedings against him.
|
| 5 | | (g) A disposition of probation is considered to be a |
| 6 | | conviction
for the purposes of imposing the conditions of |
| 7 | | probation and for appeal,
however, discharge and dismissal |
| 8 | | under this Section is not a conviction for
purposes of |
| 9 | | disqualification or disabilities imposed by law upon |
| 10 | | conviction of
a crime (including the additional penalty imposed |
| 11 | | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) |
| 12 | | of this Act).
|
| 13 | | (h) Discharge and dismissal under this Section,
Section 410 |
| 14 | | of the Illinois Controlled Substances Act, Section 70 of the |
| 15 | | Methamphetamine Control and Community Protection Act, Section |
| 16 | | 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or |
| 17 | | subsection (c) of Section 11-14 of the Criminal Code of 1961 or |
| 18 | | the Criminal Code of 2012 may occur only once
with respect to |
| 19 | | any person.
|
| 20 | | (i) If a person is convicted of an offense under this Act, |
| 21 | | the Illinois
Controlled Substances Act, or the Methamphetamine |
| 22 | | Control and Community Protection Act within 5 years
subsequent |
| 23 | | to a discharge and dismissal under this Section, the discharge |
| 24 | | and
dismissal under this Section shall be admissible in the |
| 25 | | sentencing proceeding
for that conviction
as a factor in |
| 26 | | aggravation.
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| 1 | | (Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13; |
| 2 | | 98-164, eff. 1-1-14.)
|
| 3 | | Section 25. The Code of Criminal Procedure of 1963 is |
| 4 | | amended by changing Section 111-3 as follows:
|
| 5 | | (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
|
| 6 | | Sec. 111-3. Form of charge.
|
| 7 | | (a) A charge shall be in writing and allege the commission |
| 8 | | of an
offense by:
|
| 9 | | (1) Stating the name of the offense;
|
| 10 | | (2) Citing the statutory provision alleged to have been |
| 11 | | violated;
|
| 12 | | (3) Setting forth the nature and elements of the |
| 13 | | offense charged;
|
| 14 | | (4) Stating the date and county of the offense as |
| 15 | | definitely as can be
done; and
|
| 16 | | (5) Stating the name of the accused, if known, and if |
| 17 | | not known,
designate the accused by any name or description |
| 18 | | by which he can be
identified with reasonable certainty.
|
| 19 | | (a-5) If the victim is alleged to have been subjected to an |
| 20 | | offense involving an illegal sexual act including, but not |
| 21 | | limited to, a sexual offense defined in Article 11 or Section |
| 22 | | 10-9 of the Criminal Code of 2012, the charge shall state the |
| 23 | | identity of the victim by name, initials, or description. |
| 24 | | (b) An indictment shall be signed by the foreman of the |
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| 1 | | Grand Jury and
an information shall be signed by the State's |
| 2 | | Attorney and sworn to by him
or another. A complaint shall be |
| 3 | | sworn to and signed by the complainant; provided, that when a |
| 4 | | peace officer observes the commission of a misdemeanor
and is |
| 5 | | the complaining witness, the signing of the complaint by the |
| 6 | | peace
officer is sufficient to charge the defendant with the |
| 7 | | commission of the
offense, and the complaint need not be sworn |
| 8 | | to if the officer signing the
complaint certifies that the |
| 9 | | statements set forth in the complaint are true and
correct and |
| 10 | | are subject to the penalties provided by law for false
|
| 11 | | certification
under Section 1-109 of the Code of Civil |
| 12 | | Procedure and perjury under Section
32-2 of the Criminal Code |
| 13 | | of 2012; and further provided, however, that when a citation is |
| 14 | | issued on a Uniform Traffic
Ticket or Uniform Conservation |
| 15 | | Ticket (in a form prescribed by the
Conference of Chief Circuit |
| 16 | | Judges and filed with the Supreme Court) or Uniform Cannabis |
| 17 | | Citation (in a form prescribed by the Department of State |
| 18 | | Police), the
copy of such Uniform Ticket which is filed with |
| 19 | | the circuit court
constitutes a complaint to which the |
| 20 | | defendant may plead, unless he
specifically requests that a |
| 21 | | verified complaint be filed.
|
| 22 | | (c) When the State seeks an enhanced sentence because of a |
| 23 | | prior
conviction, the charge shall also state the intention to |
| 24 | | seek an enhanced
sentence and shall state such prior conviction |
| 25 | | so as to give notice to the
defendant. However, the fact of |
| 26 | | such prior conviction and the State's
intention to seek an |
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| 1 | | enhanced sentence are not elements of the offense and
may not |
| 2 | | be disclosed to the jury during trial unless otherwise |
| 3 | | permitted by
issues properly raised during such trial.
For the |
| 4 | | purposes of this Section, "enhanced sentence" means a sentence
|
| 5 | | which is increased by a prior conviction from one |
| 6 | | classification of offense
to another higher level |
| 7 | | classification of offense set forth in Section
5-4.5-10
of the |
| 8 | | Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not |
| 9 | | include an increase in the sentence applied within the
same |
| 10 | | level of classification of offense.
|
| 11 | | (c-5) Notwithstanding any other provision of law, in all |
| 12 | | cases in which
the
imposition of the death penalty is not a |
| 13 | | possibility, if an alleged fact (other
than the fact of a prior |
| 14 | | conviction) is not an element of an offense but is
sought to be |
| 15 | | used to increase the range of penalties for the offense beyond |
| 16 | | the
statutory maximum that could otherwise be imposed for the |
| 17 | | offense, the alleged
fact must be included in the charging |
| 18 | | instrument or otherwise provided to the
defendant through a |
| 19 | | written notification before trial, submitted to a trier
of fact |
| 20 | | as an aggravating factor, and proved beyond a reasonable doubt.
|
| 21 | | Failure to prove the fact beyond a reasonable doubt is not a |
| 22 | | bar to a
conviction
for commission of the offense, but is a bar |
| 23 | | to increasing, based on that fact,
the range of penalties for |
| 24 | | the offense beyond the statutory maximum that could
otherwise |
| 25 | | be imposed for that offense. Nothing in this subsection (c-5)
|
| 26 | | requires the
imposition of a sentence that increases the range |
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| 1 | | of penalties for the offense
beyond the statutory maximum that |
| 2 | | could otherwise be imposed for the offense if
the imposition of |
| 3 | | that sentence is not required by law.
|
| 4 | | (d) At any time prior to trial, the State on motion shall |
| 5 | | be permitted
to amend the charge, whether brought by |
| 6 | | indictment, information or
complaint, to make the charge comply |
| 7 | | with subsection (c) or (c-5) of this
Section. Nothing in |
| 8 | | Section 103-5 of this Code precludes such an
amendment or a |
| 9 | | written notification made in accordance with subsection (c-5) |
| 10 | | of
this Section.
|
| 11 | | (e) The provisions of subsection (a) of Section 5-4.5-95 of |
| 12 | | the Unified Code of Corrections (730 ILCS 5/5-4.5-95)
shall not |
| 13 | | be affected by this Section.
|
| 14 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)".
|