Illinois 95th Regular Session Status: Enacted

HB 1080 — VEH CD & JUV CT-GANGS

Last action — Public Act . . . . . . . . . 95-0337

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2007. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    0 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Vehicle Code and the Juvenile Court Act of 1987. Provides that if a person is adjudicated under the Juvenile Court Act of 1987 on the basis of an offense determined to have been committed in furtherance of gang activity, the court shall provide that the person shall be denied driving privileges. Provides that if the person has never held a driver's license or permit, he or she shall not be issued one until reaching the age of 18. Provides that if he or she already holds a driver's license or permit, the license or permit shall be revoked at least until he or she reaches the age of 21. Makes corresponding changes.

Bill Text

What changed in the latest version

713 added · 706 removed

Plain-language change summary

The amendment to Bill HB 1080 includes new language that specifies penalties for individuals involved with gangs who use motor vehicles while committing their offenses. It clarifies that these individuals will be denied a driver’s license or permit for a duration determined by the court. This is significant because it aims to deter gang-related activities involving vehicles, enhancing public safety and accountability for those offenses.

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HB1080 Engrossed LRB095 04297 DRH 24338 b AN ACT concerning transportation.
HB1080 Enrolled LRB095 04297 DRH 24338 b AN ACT concerning transportation.
To any person, as a driver, who is under the age of 18 years except as provided in Section 6-107, and except that an instruction permit may be issued under Section 6-107.1 to a child who is not less than 15 years of age if the child is enrolled in an approved driver education course as defined in Section 1-103 of this Code and requires an instruction permit to participate therein, except that an instruction permit may be issued under the provisions of Section 6-107.1 to a child who is 17 years and 9 months of age without the child having enrolled in an approved driver education course and except that an instruction permit may be issued to a child who is at least 15 years and 6 months of age, is enrolled in school, meets HB1080 Engrossed - 2 - LRB095 04297 DRH 24338 b the educational requirements of the Driver Education Act, and has passed examinations the Secretary of State in his or her discretion may prescribe;
To any person, as a driver, who is under the age of 18 years except as provided in Section 6-107, and except that an instruction permit may be issued under Section 6-107.1 to a child who is not less than 15 years of age if the child is enrolled in an approved driver education course as defined in Section 1-103 of this Code and requires an instruction permit to participate therein, except that an instruction permit may be issued under the provisions of Section 6-107.1 to a child who is 17 years and 9 months of age without the child having enrolled in an approved driver education course and except that an instruction permit may be issued to a child who is at least 15 years and 6 months of age, is enrolled in school, meets HB1080 Enrolled - 2 - LRB095 04297 DRH 24338 b the educational requirements of the Driver Education Act, and has passed examinations the Secretary of State in his or her discretion may prescribe;
To any person, as a driver, who is required by the Secretary of State to submit an alcohol and drug evaluation HB1080 Engrossed - 3 - LRB095 04297 DRH 24338 b or take an examination provided for in this Code unless the person has successfully passed the examination and submitted any required evaluation;
To any person, as a driver, who is required by the Secretary of State to submit an alcohol and drug evaluation HB1080 Enrolled - 3 - LRB095 04297 DRH 24338 b or take an examination provided for in this Code unless the person has successfully passed the examination and submitted any required evaluation;
To any person who is under the age of 21 years with a classification prohibited in paragraph (b) of Section 6-104 and to any person who is under the age of 18 years HB1080 Engrossed - 4 - LRB095 04297 DRH 24338 b with a classification prohibited in paragraph (c) of Section 6-104;
To any person who is under the age of 21 years with a classification prohibited in paragraph (b) of Section 6-104 and to any person who is under the age of 18 years HB1080 Enrolled - 4 - LRB095 04297 DRH 24338 b with a classification prohibited in paragraph (c) of Section 6-104;
To any person who is 90 days or more delinquent in court ordered child support payments or has been HB1080 Engrossed - 5 - LRB095 04297 DRH 24338 b adjudicated in arrears in an amount equal to 90 days’ obligation or more and who has been found in contempt of court for failure to pay the support, subject to the requirements and procedures of Article VII of Chapter 7 of the Illinois Vehicle Code;
To any person who is 90 days or more delinquent in court ordered child support payments or has been HB1080 Enrolled - 5 - LRB095 04297 DRH 24338 b adjudicated in arrears in an amount equal to 90 days’ obligation or more and who has been found in contempt of court for failure to pay the support, subject to the requirements and procedures of Article VII of Chapter 7 of the Illinois Vehicle Code;
Any persons promising or tendering such property or personal advantage shall be HB1080 Engrossed - 6 - LRB095 04297 DRH 24338 b disqualified from holding any class of driver’s license or permit for 120 consecutive days.
Any persons promising or tendering such property or personal advantage shall be HB1080 Enrolled - 6 - LRB095 04297 DRH 24338 b disqualified from holding any class of driver’s license or permit for 120 consecutive days.
To any person who has been adjudicated under the Juvenile Court Act of 1987 based upon an offense that is determined by the court to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act.
To any person who has been adjudicated under the Juvenile Court Act of 1987 based upon an offense that is determined by the court to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver’s license or permit.
6-204) Sec.
6-204) HB1080 Enrolled - 7 - LRB095 04297 DRH 24338 b Sec.
HB1080 Engrossed - 7 - LRB095 04297 DRH 24338 b (a) For the purpose of providing to the Secretary of State the records essential to the performance of the Secretary’s duties under this Code to cancel, revoke or suspend the driver’s license and privilege to drive motor vehicles of certain minors adjudicated truant minors in need of supervision, addicted, or delinquent and of persons found guilty of the criminal offenses or traffic violations which this Code recognizes as evidence relating to unfitness to safely operate motor vehicles, the following duties are imposed upon public officials:
(a) For the purpose of providing to the Secretary of State the records essential to the performance of the Secretary’s duties under this Code to cancel, revoke or suspend the driver’s license and privilege to drive motor vehicles of certain minors adjudicated truant minors in need of supervision, addicted, or delinquent and of persons found guilty of the criminal offenses or traffic violations which this Code recognizes as evidence relating to unfitness to safely operate motor vehicles, the following duties are imposed upon public officials:
Sections 11-1406 (obstruction to driver’s view or control), 11-1407 (improper opening of door into traffic), 11-1410 (coasting HB1080 Engrossed - 8 - LRB095 04297 DRH 24338 b on downgrade), 11-1411 (following fire apparatus), 11-1419.01 (Motor Fuel Tax I.D.
Sections 11-1406 (obstruction to driver’s view or control), 11-1407 HB1080 Enrolled - 8 - LRB095 04297 DRH 24338 b (improper opening of door into traffic), 11-1410 (coasting on downgrade), 11-1411 (following fire apparatus), 11-1419.01 (Motor Fuel Tax I.D.
Sections 27-245 (following fire apparatus), 27-254 (obstruction of traffic), 27-258 (driving vehicle which is in unsafe condition), 27-259 (coasting on downgrade), 27-264 (use of horns and signal devices), 27-265 (obstruction to driver’s view or driver mechanism), 27-267 HB1080 Engrossed - 9 - LRB095 04297 DRH 24338 b (dimming of headlights), 27-268 (unattended motor vehicle), 27-272 (illegal funeral procession), 27-273 (funeral procession on boulevard), 27-275 (driving freight hauling vehicles on boulevard), 27-276 (stopping and standing of buses or taxicabs), 27-277 (cruising of public passenger vehicles), 27-305 (parallel parking), 27-306 (diagonal parking), 27-307 (parking not to obstruct traffic), 27-308 (stopping, standing or parking regulated), 27-311 (parking regulations), 27-312 (parking regulations), 27-313 (parking regulations), 27-314 (parking regulations), 27-315 (parking regulations), 27-316 (parking regulations), 27-317 (parking regulations), 27-318 (parking regulations), 27-319 (parking regulations), 27-320 (parking regulations), 27-321 (parking regulations), 27-322 (parking regulations), 27-324 (loading and unloading at an angle), 27-333 (wheel and axle loads), 27-334 (load restrictions in the downtown district), 27-335 (load restrictions in residential areas), 27-338 (width of vehicles), 27-339 (height of vehicles), 27-340 (length of vehicles), 27-352 (reflectors on trailers), 27-353 (mufflers), 27-354 (display of plates), 27-355 (display of city vehicle tax sticker), 27-357 (identification of vehicles), 27-358 (projecting of loads), and also excepting the following enumerated paragraphs of Section 2-201 of the Rules and Regulations of the Illinois State Toll Highway Authority:
Sections 27-245 (following fire apparatus), 27-254 (obstruction of traffic), 27-258 (driving vehicle which is in unsafe condition), 27-259 (coasting on downgrade), 27-264 (use of horns and signal devices), 27-265 HB1080 Enrolled - 9 - LRB095 04297 DRH 24338 b (obstruction to driver’s view or driver mechanism), 27-267 (dimming of headlights), 27-268 (unattended motor vehicle), 27-272 (illegal funeral procession), 27-273 (funeral procession on boulevard), 27-275 (driving freight hauling vehicles on boulevard), 27-276 (stopping and standing of buses or taxicabs), 27-277 (cruising of public passenger vehicles), 27-305 (parallel parking), 27-306 (diagonal parking), 27-307 (parking not to obstruct traffic), 27-308 (stopping, standing or parking regulated), 27-311 (parking regulations), 27-312 (parking regulations), 27-313 (parking regulations), 27-314 (parking regulations), 27-315 (parking regulations), 27-316 (parking regulations), 27-317 (parking regulations), 27-318 (parking regulations), 27-319 (parking regulations), 27-320 (parking regulations), 27-321 (parking regulations), 27-322 (parking regulations), 27-324 (loading and unloading at an angle), 27-333 (wheel and axle loads), 27-334 (load restrictions in the downtown district), 27-335 (load restrictions in residential areas), 27-338 (width of vehicles), 27-339 (height of vehicles), 27-340 (length of vehicles), 27-352 (reflectors on trailers), 27-353 (mufflers), 27-354 (display of plates), 27-355 (display of city vehicle tax sticker), 27-357 (identification of vehicles), 27-358 (projecting of loads), and also excepting the following enumerated paragraphs of Section 2-201 of the Rules and HB1080 Enrolled - 10 - LRB095 04297 DRH 24338 b Regulations of the Illinois State Toll Highway Authority:
HB1080 Engrossed - 10 - LRB095 04297 DRH 24338 b (l) (driving unsafe vehicle on tollway), (m) (vehicles transporting dangerous cargo not properly indicated), it shall be the duty of the clerk of the court in which such conviction is had within 5 days thereafter to forward to the Secretary of State a report of the conviction and the court may recommend the suspension of the driver’s license or permit of the person so convicted.
(l) (driving unsafe vehicle on tollway), (m) (vehicles transporting dangerous cargo not properly indicated), it shall be the duty of the clerk of the court in which such conviction is had within 5 days thereafter to forward to the Secretary of State a report of the conviction and the court may recommend the suspension of the driver’s license or permit of the person so convicted.
These reporting requirements also apply to individuals adjudicated under the Juvenile Court Act of 1987 based on any offense determined to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act.
These reporting requirements also apply to individuals adjudicated under the Juvenile Court Act of 1987 based on any offense determined to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver’s license or permit.
The reporting requirements of this subsection shall also apply to a truant minor in need of supervision, an addicted minor, or a delinquent minor and whose driver’s license and privilege to drive a motor vehicle has been ordered suspended for such times as determined by the Court, but only until he or she attains 18 HB1080 Engrossed - 11 - LRB095 04297 DRH 24338 b years of age.
The reporting requirements of this subsection shall also apply to a truant minor in need of supervision, an addicted minor, or a HB1080 Enrolled - 11 - LRB095 04297 DRH 24338 b delinquent minor and whose driver’s license and privilege to drive a motor vehicle has been ordered suspended for such times as determined by the Court, but only until he or she attains 18 years of age.
(3) Whenever an order is entered vacating the forfeiture of any bail, security or bond given to secure appearance for any offense under this Code or similar offenses under municipal ordinance, it shall be the duty of the clerk of the court in which such vacation was had or HB1080 Engrossed - 12 - LRB095 04297 DRH 24338 b the judge of such court if such court has no clerk, within 5 days thereafter to forward to the Secretary of State a report of the vacation.
(3) Whenever an order is entered vacating the forfeiture of any bail, security or bond given to secure HB1080 Enrolled - 12 - LRB095 04297 DRH 24338 b appearance for any offense under this Code or similar offenses under municipal ordinance, it shall be the duty of the clerk of the court in which such vacation was had or the judge of such court if such court has no clerk, within 5 days thereafter to forward to the Secretary of State a report of the vacation.
In counties with a population over 300,000, instead of forwarding reports to the Supreme Court, reports of conviction under this Code and sentencing hearings under the Juvenile Court Act of 1987 in an electronic format or a computer processible medium may be forwarded to the Secretary of State by the Circuit Court Clerk in a form and format required by the Secretary of State and established HB1080 Engrossed - 13 - LRB095 04297 DRH 24338 b by written agreement between the Circuit Court Clerk and the Secretary of State.
In counties with a population over 300,000, instead of forwarding reports to the Supreme Court, reports of conviction under this Code and sentencing hearings under the Juvenile Court Act of 1987 in an electronic format or a HB1080 Enrolled - 13 - LRB095 04297 DRH 24338 b computer processible medium may be forwarded to the Secretary of State by the Circuit Court Clerk in a form and format required by the Secretary of State and established by written agreement between the Circuit Court Clerk and the Secretary of State.
(d) For the purpose of providing the Secretary of State with records necessary to properly monitor and assess driver performance and assist the courts in the proper disposition of repeat traffic law offenders, the clerk of the court shall forward to the Secretary of State, on a form prescribed by the Secretary, records of a driver’s participation in a driver HB1080 Engrossed - 14 - LRB095 04297 DRH 24338 b remedial or rehabilitative program which was required, through a court order or court supervision, in relation to the driver’s arrest for a violation of Section 11-501 of this Code or a similar provision of a local ordinance.
(d) For the purpose of providing the Secretary of State with records necessary to properly monitor and assess driver performance and assist the courts in the proper disposition of HB1080 Enrolled - 14 - LRB095 04297 DRH 24338 b repeat traffic law offenders, the clerk of the court shall forward to the Secretary of State, on a form prescribed by the Secretary, records of a driver’s participation in a driver remedial or rehabilitative program which was required, through a court order or court supervision, in relation to the driver’s arrest for a violation of Section 11-501 of this Code or a similar provision of a local ordinance.
These reports shall be recorded to the driver’s record as a conviction for use in the disqualification of the driver’s commercial motor vehicle privileges and shall not be privileged information.
These reports shall be recorded to the driver’s record as a HB1080 Enrolled - 15 - LRB095 04297 DRH 24338 b conviction for use in the disqualification of the driver’s commercial motor vehicle privileges and shall not be privileged information.
HB1080 Engrossed - 15 - LRB095 04297 DRH 24338 b (Source:
(Source:
5.
HB1080 Enrolled - 16 - LRB095 04297 DRH 24338 b 5.
Perjury or the making of a false affidavit or statement under oath to the Secretary of State under this Code or under any other law relating to the ownership or HB1080 Engrossed - 16 - LRB095 04297 DRH 24338 b operation of motor vehicles;
Perjury or the making of a false affidavit or statement under oath to the Secretary of State under this Code or under any other law relating to the ownership or operation of motor vehicles;
Violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance if the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense.
Violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance if the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of HB1080 Enrolled - 17 - LRB095 04297 DRH 24338 b the offense.
(b) The Secretary of State shall also immediately revoke the license or permit of any driver in the following HB1080 Engrossed - 17 - LRB095 04297 DRH 24338 b situations:
(b) The Secretary of State shall also immediately revoke the license or permit of any driver in the following situations:
Of any person adjudicated under the Juvenile Court Act of 1987 based on an offense determined to have been committed in furtherance of the criminal activities of an organized gang as provided in Section 5-710 of that Act.
Of any person adjudicated under the Juvenile Court Act of 1987 based on an offense determined to have been committed in furtherance of the criminal activities of an organized gang as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver’s license or permit.
(c) Whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s HB1080 Engrossed - 18 - LRB095 04297 DRH 24338 b residence and petitioner’s place of employment or within the scope of the petitioner’s employment related duties, or to allow transportation for the petitioner or a household member of the petitioner’s family for the receipt of necessary medical care or, if the professional evaluation indicates, provide transportation for the petitioner for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution;
(c) Whenever a person is convicted of any of the offenses HB1080 Enrolled - 18 - LRB095 04297 DRH 24338 b enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s residence and petitioner’s place of employment or within the scope of the petitioner’s employment related duties, or to allow transportation for the petitioner or a household member of the petitioner’s family for the receipt of necessary medical care or, if the professional evaluation indicates, provide transportation for the petitioner for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution;
If a person’s license or permit has been revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
If a person’s license or permit has been revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section HB1080 Enrolled - 19 - LRB095 04297 DRH 24338 b 1-129.1.
If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar HB1080 Engrossed - 19 - LRB095 04297 DRH 24338 b out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for 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 motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar out-of-state offense, or any combination thereof, until the expiration of at least one year from the date of the HB1080 Engrossed - 20 - LRB095 04297 DRH 24338 b revocation.
The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense HB1080 Enrolled - 20 - LRB095 04297 DRH 24338 b of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar out-of-state offense, or any combination thereof, until the expiration of at least one year from the date of the revocation.
(d) Whenever a person under the age of 21 is convicted under Section 11-501 of this Code or a similar provision of a local ordinance, the Secretary of State shall revoke the driving privileges of that person.
(d) Whenever a person under the age of 21 is convicted under Section 11-501 of this Code or a similar provision of a local ordinance, the Secretary of State shall revoke the HB1080 Enrolled - 21 - LRB095 04297 DRH 24338 b driving privileges of that person.
One year after the date of revocation, and upon application, the Secretary of State may, if satisfied that the person applying will not endanger the public safety or welfare, issue a restricted driving permit granting the privilege of driving a motor vehicle only between HB1080 Engrossed - 21 - LRB095 04297 DRH 24338 b the hours of 5 a.m.
One year after the date of revocation, and upon application, the Secretary of State may, if satisfied that the person applying will not endanger the public safety or welfare, issue a restricted driving permit granting the privilege of driving a motor vehicle only between the hours of 5 a.m.
If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that HB1080 Engrossed - 22 - LRB095 04297 DRH 24338 b person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a HB1080 Enrolled - 22 - LRB095 04297 DRH 24338 b similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
(e) This Section is subject to the provisions of the Driver License Compact.
(e) This Section is subject to the provisions of the Driver HB1080 Enrolled - 23 - LRB095 04297 DRH 24338 b License Compact.
HB1080 Engrossed - 23 - LRB095 04297 DRH 24338 b (g) The Secretary of State shall not issue a restricted driving permit to a person under the age of 16 years whose driving privileges have been revoked under any provisions of this Code.
(g) The Secretary of State shall not issue a restricted driving permit to a person under the age of 16 years whose driving privileges have been revoked under any provisions of this Code.
384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been revoked under any provisions of this Code.
384, the Secretary of State may not issue a restricted driving permit for the HB1080 Enrolled - 24 - LRB095 04297 DRH 24338 b operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been revoked under any provisions of this Code.
9-30-05.) HB1080 Engrossed - 24 - LRB095 04297 DRH 24338 b Section 10.
9-30-05.) Section 10.
(iii) required to undergo a substance abuse assessment conducted by a licensed provider and participate in the indicated clinical level of care;
(iii) required to undergo a substance abuse HB1080 Enrolled - 25 - LRB095 04297 DRH 24338 b assessment conducted by a licensed provider and participate in the indicated clinical level of care;
HB1080 Engrossed - 25 - LRB095 04297 DRH 24338 b (v) placed in detention for a period not to exceed 30 days, either as the exclusive order of disposition or, where appropriate, in conjunction with any other order of disposition issued under this paragraph, provided that any such detention shall be in a juvenile detention home and the minor so detained shall be 10 years of age or older.
(v) placed in detention for a period not to exceed 30 days, either as the exclusive order of disposition or, where appropriate, in conjunction with any other order of disposition issued under this paragraph, provided that any such detention shall be in a juvenile detention home and the minor so detained shall be 10 years of age or older.
A minor shall not be deprived of credit for time spent in detention before the filing of a violation of probation or conditional discharge alleging the same or related act or acts;
A minor shall not be deprived of credit HB1080 Enrolled - 26 - LRB095 04297 DRH 24338 b for time spent in detention before the filing of a violation of probation or conditional discharge alleging the same or related act or acts;
(vi) ordered partially or completely emancipated in accordance with the provisions of the Emancipation HB1080 Engrossed - 26 - LRB095 04297 DRH 24338 b of Minors Act;
(vi) ordered partially or completely emancipated in accordance with the provisions of the Emancipation of Minors Act;
(b) A minor found to be guilty may be committed to the Department of Juvenile Justice under Section 5-750 if the minor is 13 years of age or older, provided that the commitment to the Department of Juvenile Justice shall be made only if a term of incarceration is permitted by law for adults found guilty of the offense for which the minor was adjudicated delinquent.
(b) A minor found to be guilty may be committed to the Department of Juvenile Justice under Section 5-750 if the minor is 13 years of age or older, provided that the commitment to the Department of Juvenile Justice shall be made only if a term of incarceration is permitted by law HB1080 Enrolled - 27 - LRB095 04297 DRH 24338 b for adults found guilty of the offense for which the minor was adjudicated delinquent.
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HB1080 Engrossed - 27 - LRB095 04297 DRH 24338 b (c) When a minor is found to be guilty for an offense which is a violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act and made a ward of the court, the court may enter a disposition order requiring the minor to undergo assessment, counseling or treatment in a substance abuse program approved by the Department of Human Services.
(c) When a minor is found to be guilty for an offense which is a violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act and made a ward of the court, the court may enter a disposition order requiring the minor to undergo assessment, counseling or treatment in a substance abuse program approved by the Department of Human Services.
(4) In addition to any other sentence, the court may order any minor found to be delinquent to make restitution, in monetary or non-monetary form, under the terms and conditions of Section 5-5-6 of the Unified Code of Corrections, except that the "presentencing hearing" referred to in that Section shall be the sentencing hearing for purposes of this Section.
(4) In addition to any other sentence, the court may order any minor found to be delinquent to make restitution, in monetary or non-monetary form, under the terms and conditions of Section 5-5-6 of the Unified Code of Corrections, except that the "presentencing hearing" referred to in that Section HB1080 Enrolled - 28 - LRB095 04297 DRH 24338 b shall be the sentencing hearing for purposes of this Section.
The State’s Attorney is authorized to act on behalf of any HB1080 Engrossed - 28 - LRB095 04297 DRH 24338 b victim in seeking restitution in proceedings under this Section, up to the maximum amount allowed in Section 5 of the Parental Responsibility Law.
The State’s Attorney is authorized to act on behalf of any victim in seeking restitution in proceedings under this Section, up to the maximum amount allowed in Section 5 of the Parental Responsibility Law.
(8) A minor found to be guilty for reasons that include a violation of Section 21-1.3 of the Criminal Code of 1961 shall be ordered to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction.
(8) A minor found to be guilty for reasons that include a HB1080 Enrolled - 29 - LRB095 04297 DRH 24338 b violation of Section 21-1.3 of the Criminal Code of 1961 shall be ordered to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction.
The community service shall include, but need not be limited to, the cleanup and repair of the damage HB1080 Engrossed - 29 - LRB095 04297 DRH 24338 b that was caused by the violation or similar damage to property located in the municipality or county in which the violation occurred.
The community service shall include, but need not be limited to, the cleanup and repair of the damage that was caused by the violation or similar damage to property located in the municipality or county in which the violation occurred.
(9) In addition to any other sentencing order, the court shall order any minor found to be guilty for an act which would constitute, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, or criminal sexual abuse if committed by an adult to undergo medical testing to determine whether the defendant has any sexually transmissible disease including a test for infection with human immunodeficiency virus (HIV) or any other identified causative agency of acquired immunodeficiency syndrome (AIDS).
(9) In addition to any other sentencing order, the court shall order any minor found to be guilty for an act which would constitute, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, or criminal sexual abuse if committed by an adult to undergo medical testing to determine whether the defendant has any sexually transmissible disease including a test for infection with human immunodeficiency virus (HIV) or any other identified causative agency of HB1080 Enrolled - 30 - LRB095 04297 DRH 24338 b acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of the test shall be HB1080 Engrossed - 30 - LRB095 04297 DRH 24338 b kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the sentencing order was entered for the judge’s inspection in camera.
Except as otherwise provided by law, the results of the test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the sentencing order was entered for the judge’s inspection in camera.
(10) When a court finds a minor to be guilty the court shall, before entering a sentencing order under this Section, make a finding whether the offense committed either:
(10) When a court finds a minor to be guilty the court HB1080 Enrolled - 31 - LRB095 04297 DRH 24338 b shall, before entering a sentencing order under this Section, make a finding whether the offense committed either:
(a) was related to or in furtherance of the criminal activities of an organized gang or was motivated by the minor’s membership in or allegiance to an organized gang, or (b) involved a violation of HB1080 Engrossed - 31 - LRB095 04297 DRH 24338 b subsection (a) of Section 12-7.1 of the Criminal Code of 1961, a violation of any Section of Article 24 of the Criminal Code of 1961, or a violation of any statute that involved the wrongful use of a firearm.
(a) was related to or in furtherance of the criminal activities of an organized gang or was motivated by the minor’s membership in or allegiance to an organized gang, or (b) involved a violation of subsection (a) of Section 12-7.1 of the Criminal Code of 1961, a violation of any Section of Article 24 of the Criminal Code of 1961, or a violation of any statute that involved the wrongful use of a firearm.
For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang HB1080 Enrolled - 32 - LRB095 04297 DRH 24338 b Terrorism Omnibus Prevention Act.
(11) If the court determines that the offense was committed in furtherance of the criminal activities of an organized gang, as provided in subsection (10), the court shall notify the Secretary of State of that determination and of the period for HB1080 Engrossed - 32 - LRB095 04297 DRH 24338 b which the minor shall be denied driving privileges.
(11) If the court determines that the offense was committed in furtherance of the criminal activities of an organized gang, as provided in subsection (10), and that the offense involved the operation or use of a motor vehicle or the use of a driver’s license or permit, the court shall notify the Secretary of State of that determination and of the period for which the minor shall be denied driving privileges.
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Action History

  1. Public Act . . . . . . . . . 95-0337

  2. Effective Date June 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Added as Alternate Co-Sponsor Sen. Antonio Munoz

  7. Senate Floor Amendment No. 1 House Concurs 103-000-000

  8. 3/5 Vote Required

  9. Final Action Deadline Extended-9(b) June 8, 2007

  10. Senate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000

  11. Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

  12. Senate Floor Amendment No. 1 Motion Filed Concur Rep. Mike Fortner

  13. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  14. Arrived in House

  15. Third Reading - Passed; 057-000-000

  16. Added as Alternate Chief Co-Sponsor Sen. Kirk W. Dillard

  17. Added as Alternate Co-Sponsor Sen. Randall M. Hultgren

  18. Placed on Calendar Order of 3rd Reading May 25, 2007

  19. Senate Floor Amendment No. 1 Adopted; Sandoval

  20. Recalled to Second Reading

  21. Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary Criminal Law; 007-000-000

  22. Senate Floor Amendment No. 1 Rules Refers to Judiciary Criminal Law

  23. Senate Floor Amendment No. 1 Referred to Rules

  24. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Martin A. Sandoval

  25. Placed on Calendar Order of 3rd Reading May 16, 2007

  26. Second Reading

  27. Placed on Calendar Order of 2nd Reading May 16, 2007

  28. Do Pass Judiciary Criminal Law; 006-000-000

  29. Postponed - Judiciary Criminal Law

  30. Assigned to Judiciary Criminal Law

  31. Referred to Rules

  32. First Reading

  33. Chief Senate Sponsor Sen. Martin A. Sandoval

  34. Placed on Calendar Order of First Reading

  35. Arrive in Senate

  36. Third Reading - Short Debate - Passed 081-035-000

  37. Added Co-Sponsor Rep. Sidney H. Mathias

  38. Added Co-Sponsor Rep. Suzanne Bassi

  39. Added Chief Co-Sponsor Rep. Linda Chapa LaVia

  40. Placed on Calendar Order of 3rd Reading - Short Debate

  41. House Floor Amendment No. 1 Adopted by Voice Vote

  42. Second Reading - Short Debate

  43. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000

  44. House Floor Amendment No. 1 Referred to Rules Committee

  45. House Floor Amendment No. 1 Filed with Clerk by Rep. Mike Fortner

  46. Placed on Calendar 2nd Reading - Short Debate

  47. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 008-005-000

  48. Assigned to Judiciary II - Criminal Law Committee

  49. Referred to Rules Committee

  50. First Reading

  51. Filed with the Clerk by Rep. Mike Fortner

Sponsors

  • Mike Fortner · Cosponsor
  • Randall M. Hultgren · Cosponsor
  • Antonio Munoz · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 3 co-sponsors · 180 not signed on · 7 voted No

Sponsors (0)

None.

Co-sponsors (3)

  • Mike Fortner
  • Randall M. Hultgren
  • Antonio Munoz

Not signed on (180)

180 members have not signed on to this bill.

Show all 180 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 103 Yea · 0 Nay · 15 Other
Party YeaNayPresentNot Voting
Unaffiliated 920013
Democrat 7002
Republican 4000
Total 1030015
% of votes cast 87%0%0%13%
How each member voted (118)
Member Party Vote
Graham — Not Voting
Granberg — Yea
Holbrook — Yea
Nekritz — Yea
Jefferies — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Durkin — Yea
Eddy — Yea
Mautino — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Moffitt — Yea
Molaro — Yea
Munson — Yea
Myers — Yea
McGuire — Yea
Osterman — Yea
Pihos — Yea
Bradley, John — Yea
Schock — Yea
Brady — Yea
Mitchell, Bill — Yea
Tryon — Yea
Turner — Yea
Mitchell, Jerry — Yea
Verschoore — Yea
Wait — Yea
Sullivan — Yea
Washington — Yea
Winters — Yea
Hannig — Yea
Yarbrough — Yea
Harris — Yea
Younge — Yea
Hernandez — Yea
Watson — Yea
Howard — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Fritchey — Yea
Golar — Yea
Gordon — Yea
Hamos — Yea
Jakobsson — Yea
Davis, Monique — Yea
Madigan — Yea
Bradley, Richard — Not Voting
Burke — Not Voting
Pritchard — Yea
Sommer — Not Voting
Coulson — Not Voting
D'Amico — Yea
Dunkin — Not Voting
Dunn — Not Voting
Franks — Not Voting
Hassert — Not Voting
Jefferson — Yea
Kosel — Not Voting
Osmond — Yea
Patterson — Not Voting
Phelps — Yea
Poe — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Not Voting
Scully — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Not Voting
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Meyer — Yea
Mulligan — Yea
Froehlich — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Not Voting
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 48001
Democrat 8001
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Millner — Not Voting
Noland — Yea
Peterson — Yea
Radogno — Yea
Schoenberg — Yea
Sieben — Yea
Brady — Yea
Silverstein — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Sullivan — Yea
Munoz — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Clayborne — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Kotowski — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Cronin — Yea
Forby — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 81 Yea · 35 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 752802
Democrat 3600
Republican 3100
Total 813502
% of votes cast 69%30%0%2%
How each member voted (118)
Member Party Vote
Munson — Yea
Granberg — Yea
Jefferies — Nay
Jefferson — Nay
Krause — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
Mendoza — Yea
Meyer — Yea
Reitz — Yea
Moffitt — Yea
Lyons — Yea
Schock — Yea
Scully — Yea
Sommer — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Dugan — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Fortner — Yea
Franks — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Lang — Nay
Burke — Yea
Sullivan — Yea
Hannig — Yea
Madigan — Not Voting
May — Nay
Molaro — Yea
Hernandez — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Nay
Watson — Yea
Osterman — Nay
Patterson — Not Voting
Pihos — Yea
Tryon — Yea
Turner — Nay
Verschoore — Nay
Wait — Yea
Washington — Nay
Winters — Yea
Yarbrough — Nay
Younge — Nay
Harris — Nay
Howard — Nay
Davis, Monique — Nay
Coladipietro — Yea
Cross — Yea
Cultra — Yea
Currie — Nay
D'Amico — Yea
Dunkin — Nay
Dunn — Nay
Flowers — Nay
Fritchey — Nay
Graham — Nay
Hamos — Nay
Hassert — Yea
Holbrook — Nay
Jakobsson — Nay
Kosel — Yea
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Nay
Ryg — Nay
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Nay
Bellock — Yea
Mathias — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Cole — Yea
Colvin — Nay
McCarthy — Nay
Coulson — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Nay
Lakesia Collins Democrat Nay
Nicholas K. Smith Democrat Nay
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Nay
Sara Feigenholtz Democrat Nay
William "Will" Davis Democrat Nay
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Nay
Jil Tracy Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does HB 1080 do?
Amends the Illinois Vehicle Code and the Juvenile Court Act of 1987. Provides that if a person is adjudicated under the Juvenile Court Act of 1987 on the basis of an offense determined to have been committed in furtherance of gang activity, the court shall provide that the person shall be denied driving privileges. Provides that if the person has never held a driver's license or permit, he or she shall not be issued one until reaching the age of 18. Provides that if he or she already holds a driver's license or permit, the license or permit shall be revoked at least until he or she reaches the age of 21. Makes corresponding changes.
Who sponsors HB 1080?
HB 1080 is sponsored by Mike Fortner, Randall M. Hultgren, and Antonio Munoz.
What is the current status of HB 1080?
This bill has been enacted into law. Introduced February 08, 2007. Enacted.
Where can I track HB 1080?
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