(625 ILCS 5/6‑301) (from Ch. 95 1/2, par. 6‑301)
Sec. 6‑301. Unlawful use of license or permit.
(a) It is a violation of this Section for any person:
1. To display or cause to be displayed or have in |
| his possession any cancelled, revoked or suspended license or permit; | |
2. To lend his license or permit to any other person |
| or knowingly allow the use thereof by another; | |
3. To display or represent as his own any license or |
| permit issued to another; | |
4. To fail or refuse to surrender to the Secretary |
| of State or his agent or any peace officer upon his lawful demand, any license or permit, which has been suspended, revoked or cancelled; | |
5. To allow any unlawful use of a license or permit |
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6. To submit to an examination or to obtain the |
| services of another person to submit to an examination for the purpose of obtaining a drivers license or permit for some other person. | |
(b) Sentence.
1. Any person convicted of a violation of this |
| Section shall be guilty of a Class A misdemeanor and shall be sentenced to a minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available. | |
2. Any person convicted of a second or subsequent |
| violation of this Section shall be guilty of a Class 4 felony. | |
3. In addition to any other sentence imposed under |
| paragraph 1 or 2 of this subsection (b), a person convicted of a violation of paragraph 6 of subsection (a) shall be imprisoned for not less than 7 days. | |
(c) This Section does not prohibit any lawfully authorized investigative, protective, law enforcement or other activity of any agency of the United States, State of Illinois or any other state or political subdivision thereof.
(d) This Section does not apply to licenses and permits invalidated under Section 6‑301.3 of this Code.
(Source: P.A. 92‑647, eff. 1‑1‑03; 92‑883, eff. 1‑13‑03.) |
(625 ILCS 5/6‑301.1) (from Ch. 95 1/2, par. 6‑301.1)
Sec. 6‑301.1. Fictitious or unlawfully altered driver's license or permit.
(a) As used in this Section:
1. "A fictitious driver's license or permit" means |
| any issued license or permit for which a computerized number and file have been created by the Secretary of State or other official driver's license agency in another jurisdiction which contains false information concerning the identity of the individual issued the license or permit. |
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2. "False information" means:
(A) Any information concerning an individual's |
| legal name, address, sex, date of birth, or social security number that (i) falsifies all or in part the actual identity of the individual issued the license or permit, (ii) in the case of information concerning an address, is information concerning a non‑existent address that is used to obtain the license or permit, or (iii) is any combination of items (i) and (ii) of this subparagraph (A). |
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(B) Any photograph that falsifies all or in part |
| the actual identity of the individual issued the license or permit. |
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3. "An unlawfully altered driver's license or permit" |
| means any issued license or permit for which a computerized number and file have been created by the Secretary of State or other official driver's license agency in another jurisdiction which has been physically altered or changed in such a manner that false information appears upon the license or permit. |
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4. "A document capable of defrauding another" |
| includes, but is not limited to, any document by which any right, obligation, or power with reference to any person or property may be created, transferred, altered, or terminated. |
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5. "An identification document" means any document |
| made or issued by or under the authority of the United States Government, the State of Illinois, or any other state or political subdivision thereof, or any other governmental or quasi‑governmental organization which, when completed with information concerning the individual, is of a type intended or commonly accepted for the purpose of identification of an individual. |
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6. "Common carrier" means any public or private |
| provider of transportation, whether by land, air, or water. |
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(b) It is a violation of this Section for any person:
1. To knowingly possess any fictitious or unlawfully |
| altered driver's license or permit; |
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2. To knowingly possess, display, or cause to be |
| displayed any fictitious or unlawfully altered driver's license or permit for the purpose of obtaining any account, credit, credit card, or debit card from a bank, financial institution, or retail mercantile establishment; |
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3. To knowingly possess any fictitious or unlawfully |
| altered driver's license or permit with the intent to commit a theft, deception, or credit or debit card fraud in violation of any law of this State or any law of any other jurisdiction; |
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4. To knowingly possess any fictitious or unlawfully |
| altered driver's license or permit with the intent to commit any other violation of any law of this State or any law of any other jurisdiction for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided; |
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5. To knowingly possess any fictitious or unlawfully |
| altered driver's license or permit while in possession without authority of any document, instrument, or device capable of defrauding another; |
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6. To knowingly possess any fictitious or unlawfully |
| altered driver's license or permit with the intent to use the license or permit to acquire any other identification document; |
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7. To knowingly issue or assist in the issuance of |
| any fictitious driver's license or permit; |
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8. To knowingly alter or attempt to alter any |
| driver's license or permit; |
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9. To knowingly manufacture, possess, transfer, or |
| provide any identification document whether real or fictitious for the purpose of obtaining a fictitious driver's license or permit; |
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10. To knowingly use any fictitious or unlawfully |
| altered driver's license or permit to purchase or attempt to purchase any ticket for a common carrier or to board or attempt to board any common carrier; |
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11. To knowingly possess any fictitious or unlawfully |
| altered driver's license or permit if the person has at the time a different driver's license issued by the Illinois Secretary of State or other official driver's license agency in another jurisdiction that is suspended or revoked. |
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(c) Sentence.
1. Any person convicted of a violation of paragraph 1 |
| of subsection (b) of this Section shall be guilty of a Class A misdemeanor and shall be sentenced to minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available. A person convicted of a second or subsequent violation shall be guilty of a Class 4 felony. |
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2. Any person convicted of a violation of paragraph 3 |
| of subsection (b) of this Section who at the time of arrest had in his possession two or more fictitious or unlawfully altered driver's licenses or permits shall be guilty of a Class 4 felony. |
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3. Any person convicted of a violation of any of |
| paragraphs 2 through 11 of subsection (b) of this Section shall be guilty of a Class 4 felony. A person convicted of a second or subsequent violation shall be guilty of a Class 3 felony. |
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(d) This Section does not prohibit any lawfully authorized investigative, protective, law enforcement, or other activity of any agency of the United States, State of Illinois, or any other state or political subdivision thereof.
(Source: P.A. 96‑1120, eff. 1‑1‑11.) |
(625 ILCS 5/6‑301.2) (from Ch. 95 1/2, par. 6‑301.2)
Sec. 6‑301.2. Fraudulent driver's license or permit.
(a) (Blank).
(b) It is a violation of this Section for any person:
1. To knowingly possess any fraudulent driver's
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2. To knowingly possess, display or cause to be |
| displayed any fraudulent driver's license or permit for the purpose of obtaining any account, credit, credit card or debit card from a bank, financial institution or retail mercantile establishment; | |
3. To knowingly possess any fraudulent driver's |
| license or permit with the intent to commit a theft, deception or credit or debit card fraud in violation of any law of this State or any law of any other jurisdiction; | |
4. To knowingly possess any fraudulent driver's |
| license or permit with the intent to commit any other violation of any laws of this State or any law of any other jurisdiction for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided; | |
5. To knowingly possess any fraudulent driver's |
| license or permit while in unauthorized possession of any document, instrument or device capable of defrauding another; | |
6. To knowingly possess any fraudulent driver's |
| license or permit with the intent to use the license or permit to acquire any other identification document; | |
7. To knowingly possess without authority any |
| driver's license‑making or permit‑making implement; | |
8. To knowingly possess any stolen driver's |
| license‑making or permit‑making implement or to possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the manufacture, assembly, issuance, or authentication of an official driver's license or permit issued by the Secretary of State; | |
9. To knowingly duplicate, manufacture, sell or |
| transfer any fraudulent driver's license or permit; | |
10. To advertise or distribute any information or |
| materials that promote the selling, giving, or furnishing of a fraudulent driver's license or permit; | |
11. To knowingly use any fraudulent driver's license |
| or permit to purchase or attempt to purchase any ticket for a common carrier or to board or attempt to board any common carrier. As used in this Section, "common carrier" means any public or private provider of transportation, whether by land, air, or water; | |
12. To knowingly possess any fraudulent driver's |
| license or permit if the person has at the time a different driver's license issued by the Secretary of State or another official driver's license agency in another jurisdiction that is suspended or revoked. | |
(b‑1) It is a violation of this Section for any person to |
| possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the reading of encrypted language from the bar code or magnetic strip of an official Illinois driver's license issued by the Secretary of State. This subsection (b‑1) does not apply if a federal or State law, rule, or regulation requires that the card holder's address be recorded in specified transactions or if the encrypted information is obtained for the detection or possible prosecution of criminal offenses or fraud. If the address information is obtained under this subsection (b‑1), it may be used only for the purposes authorized by this subsection (b‑1). | |
(c) Sentence.
1. Any person convicted of a violation of paragraph |
| 1 of subsection (b) of this Section shall be guilty of a Class 4 felony and shall be sentenced to a minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available. | |
2. Any person convicted of a violation of any of |
| paragraphs 2 through 9 or paragraph 11 or 12 of subsection (b) of this Section or a violation of subsection (b‑1) of this Section shall be guilty of a Class 4 felony. A person convicted of a second or subsequent violation shall be guilty of a Class 3 felony. | |
3. Any person convicted of a violation of paragraph |
| 10 of subsection (b) of this Section shall be guilty of a Class B misdemeanor. | |
(d) This Section does not prohibit any lawfully authorized investigative, protective, law enforcement or other activity of any agency of the United States, State of Illinois or any other state or political subdivision thereof.
(e) The Secretary may request the Attorney General to seek a restraining order in the circuit court against any person who violates this Section by advertising fraudulent driver's licenses or permits.
(Source: P.A. 93‑667, eff. 3‑19‑04; 93‑895, eff. 1‑1‑05; 94‑239, eff. 1‑1‑06; 94‑930, eff. 6‑26‑06.) |
(625 ILCS 5/6‑302) (from Ch. 95 1/2, par. 6‑302)
Sec. 6‑302. Making false application or affidavit ‑ Perjury.
(a) It is a violation of this Section for any person:
1. To display or present any document for the |
| purpose of making application for a driver's license or permit knowing that such document contains false information concerning the identify of the applicant; | |
2. To accept or allow to be accepted any document |
| displayed or presented for the purpose of making application for a driver's license or permit knowing that such document contains false information concerning the identity of the applicant; | |
3. To knowingly make any false affidavit or swear |
| or affirm falsely to any matter or thing required by the terms of this Act to be sworn to or affirmed. | |
(b) Sentence.
1. Any person convicted of a violation of this |
| Section shall be guilty of a Class 4 felony. | |
2. Any person convicted of a second or subsequent |
| violation of this Section shall be guilty of a Class 3 felony. | |
(c) This Section does not prohibit any lawfully authorized investigative, protective, law enforcement or other activity of any agency of the United States, State of Illinois or any other state or political subdivision thereof.
(Source: P.A. 86‑503.) |
(625 ILCS 5/6‑303) (from Ch. 95 1/2, par. 6‑303)
(Text of Section before amendment by P.A. 96‑1344)
Sec. 6‑303. Driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked.
(a) Except as otherwise provided in subsection (a‑5), any person who drives or is in actual physical control of a motor vehicle on any highway of this State at a time when such person's driver's license, permit or privilege to do so or the privilege to obtain a driver's license or permit is revoked or suspended as provided by this Code or the law of another state, except as may be specifically allowed by a judicial driving permit issued prior to January 1, 2009, monitoring device driving permit, family financial responsibility driving permit, probationary license to drive, or a restricted driving permit issued pursuant to this Code or under the law of another state, shall be guilty of a Class A misdemeanor.
(a‑5) Any person who violates this Section as provided in subsection (a) while his or her driver's license, permit or privilege is revoked because of a violation of Section 9‑3 of the Criminal Code of 1961, relating to the offense of reckless homicide or a similar provision of a law of another state, is guilty of a Class 4 felony. The person shall be required to undergo a professional evaluation, as provided in Section 11‑501 of this Code, to determine if an alcohol, drug, or intoxicating compound problem exists and the extent of the problem, and to undergo the imposition of treatment as appropriate.
(b) (Blank).
(b‑1) Upon receiving a report of the conviction of any violation indicating a person was operating a motor vehicle during the time when the person's driver's license, permit or privilege was suspended by the Secretary of State or the driver's licensing administrator of another state, except as specifically allowed by a probationary license, judicial driving permit, restricted driving permit or monitoring device driving permit the Secretary shall extend the suspension for the same period of time as the originally imposed suspension unless the suspension has already expired, in which case the Secretary shall be authorized to suspend the person's driving privileges for the same period of time as the originally imposed suspension.
(b‑2) Except as provided in subsection (b‑6), upon receiving a report of the conviction of any violation indicating a person was operating a motor vehicle when the person's driver's license, permit or privilege was revoked by the Secretary of State or the driver's license administrator of any other state, except as specifically allowed by a restricted driving permit issued pursuant to this Code or the law of another state, the Secretary shall not issue a driver's license for an additional period of one year from the date of such conviction indicating such person was operating a vehicle during such period of revocation.
(b‑3) (Blank).
(b‑4) When the Secretary of State receives a report of a conviction of any violation indicating a person was operating a motor vehicle that was not equipped with an ignition interlock device during a time when the person was prohibited from operating a motor vehicle not equipped with such a device, the Secretary shall not issue a driver's license to that person for an additional period of one year from the date of the conviction.
(b‑5) Any person convicted of violating this Section shall serve a minimum term of imprisonment of 30 consecutive days or 300 hours of community service when the person's driving privilege was revoked or suspended as a result of a violation of Section 9‑3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide, or a similar provision of a law of another state.
(b‑6) Upon receiving a report of a first conviction of operating a motor vehicle while the person's driver's license, permit or privilege was revoked where the revocation was for a violation of Section 9‑3 of the Criminal Code of 1961 relating to the offense of reckless homicide or a similar out‑of‑state offense, the Secretary shall not issue a driver's license for an additional period of three years from the date of such conviction.
(c) Except as provided in subsections (c‑3) and (c‑4), any person convicted of violating this Section shall serve a minimum term of imprisonment of 10 consecutive days or 30 days of community service when the person's driving privilege was revoked or suspended as a result of:
(1) a violation of Section 11‑501 of this Code or a |
| similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, any other drug or any combination thereof; or |
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(2) a violation of paragraph (b) of Section 11‑401 of |
| this Code or a similar provision of a local ordinance relating to the offense of leaving the scene of a motor vehicle accident involving personal injury or death; or |
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(3) a statutory summary suspension under Section |
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Such sentence of imprisonment or community service shall not be subject to suspension in order to reduce such sentence.
(c‑1) Except as provided in subsections (c‑5) and (d), any person convicted of a second violation of this Section shall be ordered by the court to serve a minimum of 100 hours of community service.
(c‑2) In addition to other penalties imposed under this Section, the court may impose on any person convicted a fourth time of violating this Section any of the following:
(1) Seizure of the license plates of the person's |
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(2) Immobilization of the person's vehicle for a |
| period of time to be determined by the court. |
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(c‑3) Any person convicted of a violation of this Section during a period of summary suspension imposed pursuant to Section 11‑501.1 when the person was eligible for a MDDP shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days.
(c‑4) Any person who has been issued a MDDP and who is convicted of a violation of this Section as a result of operating or being in actual physical control of a motor vehicle not equipped with an ignition interlock device at the time of the offense shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days.
(c‑5) Any person convicted of a second violation of this Section is guilty of a Class 2 felony, is not eligible for probation or conditional discharge, and shall serve a mandatory term of imprisonment, if the revocation or suspension was for a violation of Section 9‑3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out‑of‑state offense.
(d) Any person convicted of a second violation of this Section shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if the original revocation or suspension was for a violation of Section 11‑401 or 11‑501 of this Code, or a similar out‑of‑state offense, or a similar provision of a local ordinance, or a statutory summary suspension under Section 11‑501.1 of this Code.
(d‑1) Except as provided in subsections (d‑2), (d‑2.5), and (d‑3), any person convicted of a third or subsequent violation of this Section shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court.
(d‑2) Any person convicted of a third violation of this Section is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 30 days if the revocation or suspension was for a vio
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