CHAPTER 6 - THE ILLINOIS DRIVER LICENSING LAW

625 ILCS 5/6-302

Sec. 6-302. Making false application or affidavit - perjury.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Class 4 Felony

1 to 3 years IDOC (Probation eligible) · Fine up to $25,000

Court Appearance Mandate Rule 551 Mandatory Court

Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class 4 Felony
Court Appearance Mandatory Court Appearance (Rule 551)
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code 8156
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Associated Offense Codes & Classifications (2)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Making false application or affidavit (perjury) – Class 4 felony Class 4 Felony Rule 551 Mandate Release Eligible 8156
To knowingly assist or accept documents containing false information of the purpose of making application – Class 4 felony Class 4 Felony Rule 551 Mandate Release Eligible 8156
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 6-302. Making false application or affidavit - perjury.

(a)

(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 identity 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. 99-642, eff. 7-28-16.)

Cross-Referenced ILCS Codes
625 ILCS 5/6-303(c-3)
Rule 551

Operating a vehicle not equipped with a BAIID required by MDDP; charge under 6-303 – Class 4 felony

Class 4 Felony
625 ILCS 5/6-303(c-4)
Rule 551

Driving while license suspended under statutory summary suspension (11-501.1); driver declined MDDP; charge under 6-303 – Class 4 felony

Class 4 Felony
625 ILCS 5/6-301
Rule 551

Unlawful use of license or permit – Class A misdemeanor; second or subsequent violation – Class 4 felony

Class 4 Felony
625 ILCS 5/6-301.1
Rule 551

Fictitious or altered driver’s license or permit – Class A misdemeanor

Class A Misdemeanor