Rep. Kathleen Willis
Filed: 4/2/2014
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1 | AMENDMENT TO HOUSE BILL 4095
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2 | AMENDMENT NO. ______. Amend House Bill 4095 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 6-205 and 6-206 as follows:
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6 | (625 ILCS 5/6-205)
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7 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
8 | Hardship cases.
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9 | (a) Except as provided in this Section, the Secretary of | ||||||
10 | State shall
immediately revoke the license, permit, or driving | ||||||
11 | privileges of
any driver upon receiving a
report of the | ||||||
12 | driver's conviction of any of the following offenses:
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13 | 1. Reckless homicide resulting from the operation of a | ||||||
14 | motor vehicle;
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15 | 2. Violation of Section 11-501 of this Code or a | ||||||
16 | similar provision of
a local ordinance relating to the |
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1 | offense of operating or being in physical
control of a | ||||||
2 | vehicle while under the influence of alcohol, other drug or
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3 | drugs, intoxicating compound or compounds, or any | ||||||
4 | combination thereof;
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5 | 3. Any felony under the laws of any State or the | ||||||
6 | federal government
in the commission of which a motor | ||||||
7 | vehicle was used;
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8 | 4. Violation of Section 11-401 of this Code relating to | ||||||
9 | the offense of
leaving the scene of a traffic accident | ||||||
10 | involving death or personal injury;
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11 | 5. Perjury or the making of a false affidavit or | ||||||
12 | statement under
oath to the Secretary of State under this | ||||||
13 | Code or under any
other law relating to the ownership or | ||||||
14 | operation of motor vehicles;
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15 | 6. Conviction upon 3 charges of violation of Section | ||||||
16 | 11-503 of this
Code relating to the offense of reckless | ||||||
17 | driving committed within a
period of 12 months;
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18 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
19 | of this Code;
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20 | 8. Violation of Section 11-504 of this Code relating to | ||||||
21 | the offense
of drag racing;
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22 | 9. Violation of Chapters 8 and 9 of this Code;
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23 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
24 | 1961 or the Criminal Code of 2012 arising from
the use of a | ||||||
25 | motor vehicle;
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26 | 11. Violation of Section 11-204.1 of this Code relating |
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1 | to aggravated
fleeing or attempting to elude a peace | ||||||
2 | officer;
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3 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
4 | Section 6-507,
or a similar law of any other state, | ||||||
5 | relating to the
unlawful operation of a commercial motor | ||||||
6 | vehicle;
| ||||||
7 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
8 | this Code or a
similar provision of a local ordinance if | ||||||
9 | the driver has been previously
convicted of a violation of | ||||||
10 | that Section or a similar provision of a local
ordinance | ||||||
11 | and the driver was less than 21 years of age at the time of | ||||||
12 | the
offense;
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13 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
14 | this Code or a similar provision of a local ordinance | ||||||
15 | relating to the offense of street racing;
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16 | 15. A second or subsequent conviction of driving while | ||||||
17 | the person's driver's license, permit or privileges was | ||||||
18 | revoked for reckless homicide or a similar out-of-state | ||||||
19 | offense; | ||||||
20 | 16. Any offense against any provision in this Code, or | ||||||
21 | any local ordinance, regulating the
movement of traffic | ||||||
22 | when that offense was the proximate cause of the death of | ||||||
23 | any person. Any person whose driving privileges have been | ||||||
24 | revoked pursuant to this paragraph may seek to have the | ||||||
25 | revocation terminated or to have the length of revocation | ||||||
26 | reduced by requesting an administrative hearing with the |
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1 | Secretary of State prior to the projected driver's license | ||||||
2 | application eligibility date; | ||||||
3 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
4 | of this Code or a similar provision of a local ordinance; | ||||||
5 | 18. A second or subsequent conviction of illegal | ||||||
6 | possession, while operating or in actual physical control, | ||||||
7 | as a driver, of a motor vehicle, of any controlled | ||||||
8 | substance prohibited under the Illinois Controlled | ||||||
9 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
10 | Control Act, or any methamphetamine prohibited under the | ||||||
11 | Methamphetamine Control and Community Protection Act. A | ||||||
12 | defendant found guilty of this offense while operating a | ||||||
13 | motor vehicle
shall have an entry made in the court record | ||||||
14 | by the presiding judge that
this offense did occur while | ||||||
15 | the defendant was operating a motor vehicle
and order the | ||||||
16 | clerk of the court to report the violation to the Secretary
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17 | of State. | ||||||
18 | (b) The Secretary of State shall also immediately revoke | ||||||
19 | the license
or permit of any driver in the following | ||||||
20 | situations:
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21 | 1. Of any minor upon receiving the notice provided for | ||||||
22 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
23 | minor has been
adjudicated under that Act as having | ||||||
24 | committed an offense relating to
motor vehicles prescribed | ||||||
25 | in Section 4-103 of this Code;
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26 | 2. Of any person when any other law of this State |
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1 | requires either the
revocation or suspension of a license | ||||||
2 | or permit;
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3 | 3. Of any person adjudicated under the Juvenile Court | ||||||
4 | Act of 1987 based on an offense determined to have been | ||||||
5 | committed in furtherance of the criminal activities of an | ||||||
6 | organized gang as provided in Section 5-710 of that Act, | ||||||
7 | and that involved the operation or use of a motor vehicle | ||||||
8 | or the use of a driver's license or permit. The revocation | ||||||
9 | shall remain in effect for the period determined by the | ||||||
10 | court. Upon the direction of the court, the Secretary shall | ||||||
11 | issue the person a judicial driving permit, also known as a | ||||||
12 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
13 | issued under Section 6-206.1, except that the court may | ||||||
14 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
15 | effective immediately.
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16 | (c)(1) Whenever a person is convicted of any of the | ||||||
17 | offenses enumerated in
this Section, the court may recommend | ||||||
18 | and the Secretary of State in his
discretion, without regard to | ||||||
19 | whether the recommendation is made by the
court may, upon | ||||||
20 | application,
issue to the person a
restricted driving permit | ||||||
21 | granting the privilege of driving a motor
vehicle between the | ||||||
22 | petitioner's residence and petitioner's place
of employment or | ||||||
23 | within the scope of the petitioner's employment related
duties, | ||||||
24 | or to allow the petitioner to transport himself or herself or a | ||||||
25 | family member
of the petitioner's household to a medical | ||||||
26 | facility for the receipt of necessary medical care or to allow |
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1 | the
petitioner to transport himself or herself to and from | ||||||
2 | alcohol or drug remedial or rehabilitative activity | ||||||
3 | recommended by a licensed service provider, or to allow the
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4 | petitioner to transport himself or herself or a family member | ||||||
5 | of the petitioner's household to classes, as a student, at an | ||||||
6 | accredited educational
institution, or to allow the petitioner | ||||||
7 | to transport children, elderly persons, or disabled persons who | ||||||
8 | do not hold driving privileges and are living in the | ||||||
9 | petitioner's household to and from daycare; if the petitioner | ||||||
10 | is able to demonstrate that no alternative means
of | ||||||
11 | transportation is reasonably available and that the petitioner | ||||||
12 | will not endanger
the public safety or welfare; provided that | ||||||
13 | the Secretary's discretion shall be
limited to cases where | ||||||
14 | undue hardship, as defined by the rules of the Secretary of | ||||||
15 | State, would result from a failure to issue the
restricted | ||||||
16 | driving permit. Those multiple offenders identified in | ||||||
17 | subdivision (b)4 of Section 6-208 of this Code, however, shall | ||||||
18 | not be eligible for the issuance of a restricted driving | ||||||
19 | permit.
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20 | (2) If a person's license or permit is revoked or | ||||||
21 | suspended due to one 2 or
more convictions of violating | ||||||
22 | Section 11-501 of this Code or a similar
provision of a | ||||||
23 | local ordinance or a similar out-of-state offense, or | ||||||
24 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
25 | Code of 2012, where the use of alcohol or other drugs is | ||||||
26 | recited as an element of the offense, or a similar |
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1 | out-of-state offense, or a combination of these offenses, | ||||||
2 | arising out
of separate occurrences, that person, if issued | ||||||
3 | a restricted driving permit,
may not operate a vehicle | ||||||
4 | unless it has been equipped with an ignition
interlock | ||||||
5 | device as defined in Section 1-129.1.
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6 | (3) If:
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7 | (A) a person's license or permit is revoked or | ||||||
8 | suspended 2 or more
times within a 10 year period due | ||||||
9 | to any combination of: | ||||||
10 | (i)
a single conviction of violating Section
| ||||||
11 | 11-501 of this Code or a similar provision of a | ||||||
12 | local ordinance or a similar
out-of-state offense, | ||||||
13 | or Section 9-3 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012, where the use of alcohol or | ||||||
15 | other drugs is recited as an element of the | ||||||
16 | offense, or a similar out-of-state offense; or | ||||||
17 | (ii)
a statutory summary suspension or | ||||||
18 | revocation under Section
11-501.1; or | ||||||
19 | (iii)
a suspension pursuant to Section | ||||||
20 | 6-203.1;
| ||||||
21 | arising out of
separate occurrences; or | ||||||
22 | (B)
a person has been convicted of one violation of | ||||||
23 | Section 6-303 of this Code committed while his or her | ||||||
24 | driver's license, permit, or privilege was revoked | ||||||
25 | because of a violation of Section 9-3 of the Criminal | ||||||
26 | Code of 1961 or the Criminal Code of 2012, relating to |
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1 | the offense of reckless homicide where the use of | ||||||
2 | alcohol or other drugs was recited as an element of the | ||||||
3 | offense, or a similar provision of a law of another | ||||||
4 | state;
| ||||||
5 | that person, if issued a restricted
driving permit, may not | ||||||
6 | operate a vehicle unless it has been equipped with an
| ||||||
7 | ignition interlock device as defined in Section 1-129.1. | ||||||
8 | (4)
The person issued a permit conditioned on the use | ||||||
9 | of an ignition interlock device must pay to the Secretary | ||||||
10 | of State DUI Administration Fund an amount
not to exceed | ||||||
11 | $30 per month. The Secretary shall establish by rule the | ||||||
12 | amount
and the procedures, terms, and conditions relating | ||||||
13 | to these fees. | ||||||
14 | (5)
If the restricted driving permit is issued for | ||||||
15 | employment purposes, then
the prohibition against | ||||||
16 | operating a motor vehicle that is not equipped with an | ||||||
17 | ignition interlock device does not apply to the operation | ||||||
18 | of an occupational vehicle
owned or leased by that person's | ||||||
19 | employer when used solely for employment purposes. | ||||||
20 | (6)
In each case the Secretary of State may issue a
| ||||||
21 | restricted driving permit for a period he deems | ||||||
22 | appropriate, except that the
permit shall expire within one | ||||||
23 | year from the date of issuance. The Secretary
may not, | ||||||
24 | however, issue a restricted driving permit to any person | ||||||
25 | whose current
revocation is the result of a second or | ||||||
26 | subsequent conviction for a violation
of Section 11-501 of |
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1 | this Code or a similar provision of a local ordinance
or | ||||||
2 | any similar out-of-state offense, or Section 9-3 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012, where | ||||||
4 | the use of alcohol or other drugs is recited as an element | ||||||
5 | of the offense, or any similar out-of-state offense, or any | ||||||
6 | combination of these offenses, until the expiration of at | ||||||
7 | least one year from the date of the
revocation. A | ||||||
8 | restricted
driving permit issued under this Section shall | ||||||
9 | be
subject to cancellation, revocation, and suspension by | ||||||
10 | the Secretary of
State in like manner and for like cause as | ||||||
11 | a driver's license issued
under this Code may be cancelled, | ||||||
12 | revoked, or
suspended; except that a conviction upon one or | ||||||
13 | more offenses against laws or
ordinances regulating the | ||||||
14 | movement of traffic shall be deemed sufficient cause
for | ||||||
15 | the revocation, suspension, or cancellation of a | ||||||
16 | restricted driving permit.
The Secretary of State may, as a | ||||||
17 | condition to the issuance of a restricted
driving permit, | ||||||
18 | require the petitioner to participate in a designated | ||||||
19 | driver
remedial or rehabilitative program. The Secretary | ||||||
20 | of State is authorized to
cancel a restricted driving | ||||||
21 | permit if the permit holder does not successfully
complete | ||||||
22 | the program. However, if an individual's driving | ||||||
23 | privileges have been
revoked in accordance with paragraph | ||||||
24 | 13 of subsection (a) of this Section, no
restricted driving | ||||||
25 | permit shall be issued until the individual has served 6
| ||||||
26 | months of the revocation period.
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1 | (c-5) (Blank).
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2 | (c-6) If a person is convicted of a second violation of | ||||||
3 | operating a motor vehicle while the person's driver's license, | ||||||
4 | permit or privilege was revoked, where the revocation was for a | ||||||
5 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012 relating to the offense of reckless | ||||||
7 | homicide or a similar out-of-state offense, the person's | ||||||
8 | driving privileges shall be revoked pursuant to subdivision | ||||||
9 | (a)(15) of this Section. The person may not make application | ||||||
10 | for a license or permit until the expiration of five years from | ||||||
11 | the effective date of the revocation or the expiration of five | ||||||
12 | years from the date of release from a term of imprisonment, | ||||||
13 | whichever is later. | ||||||
14 | (c-7) If a person is convicted of a third or subsequent | ||||||
15 | violation of operating a motor vehicle while the person's | ||||||
16 | driver's license, permit or privilege was revoked, where the | ||||||
17 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
18 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
19 | offense of reckless homicide or a similar out-of-state offense, | ||||||
20 | the person may never apply for a license or permit. | ||||||
21 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
22 | under Section
11-501 of this Code or a similar provision of a | ||||||
23 | local ordinance or a similar out-of-state offense, the
| ||||||
24 | Secretary of State shall revoke the driving privileges of that | ||||||
25 | person. One
year after the date of revocation, and upon | ||||||
26 | application, the Secretary of
State may, if satisfied that the |
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1 | person applying will not endanger the
public safety or welfare, | ||||||
2 | issue a restricted driving permit granting the
privilege of | ||||||
3 | driving a motor vehicle only between the hours of 5 a.m. and 9
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4 | p.m. or as otherwise provided by this Section for a period of | ||||||
5 | one year.
After this one year period, and upon reapplication | ||||||
6 | for a license as
provided in Section 6-106, upon payment of the | ||||||
7 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
8 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
9 | reinstate the petitioner's driver's license and driving | ||||||
10 | privileges, or extend the restricted driving permit as many | ||||||
11 | times as the
Secretary of State deems appropriate, by | ||||||
12 | additional periods of not more than
12 months each.
| ||||||
13 | (2) If a person's license or permit is revoked or | ||||||
14 | suspended due to one 2 or
more convictions of violating | ||||||
15 | Section 11-501 of this Code or a similar
provision of a | ||||||
16 | local ordinance or a similar out-of-state offense, or | ||||||
17 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
18 | Code of 2012, where the use of alcohol or other drugs is | ||||||
19 | recited as an element of the offense, or a similar | ||||||
20 | out-of-state offense, or a combination of these offenses, | ||||||
21 | arising out
of separate occurrences, that person, if issued | ||||||
22 | a restricted driving permit,
may not operate a vehicle | ||||||
23 | unless it has been equipped with an ignition
interlock | ||||||
24 | device as defined in Section 1-129.1.
| ||||||
25 | (3) If a person's license or permit is revoked or | ||||||
26 | suspended 2 or more times
within a 10 year period due to |
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1 | any combination of: | ||||||
2 | (A) a single conviction of violating Section | ||||||
3 | 11-501
of this
Code or a similar provision of a local | ||||||
4 | ordinance or a similar out-of-state
offense, or | ||||||
5 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012, where the use of alcohol or | ||||||
7 | other drugs is recited as an element of the offense, or | ||||||
8 | a similar out-of-state offense; or | ||||||
9 | (B)
a statutory summary suspension or revocation | ||||||
10 | under Section 11-501.1; or | ||||||
11 | (C) a suspension pursuant to Section 6-203.1; | ||||||
12 | arising out of separate occurrences, that person, if issued | ||||||
13 | a
restricted
driving permit, may not operate a vehicle | ||||||
14 | unless it has been equipped with an
ignition interlock | ||||||
15 | device as defined in Section 1-129.1. | ||||||
16 | (4)
The person issued a permit conditioned upon the use | ||||||
17 | of an interlock device must pay to the Secretary of State | ||||||
18 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
19 | month. The Secretary shall establish by rule the amount
and | ||||||
20 | the procedures, terms, and conditions relating to these | ||||||
21 | fees. | ||||||
22 | (5)
If the restricted driving permit is issued for | ||||||
23 | employment purposes, then
the prohibition against driving | ||||||
24 | a vehicle that is not equipped with an ignition interlock | ||||||
25 | device does not apply to the operation of an occupational | ||||||
26 | vehicle
owned or leased by that person's employer when used |
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| |||||||
1 | solely for employment purposes. | ||||||
2 | (6) A
restricted driving permit issued under this | ||||||
3 | Section shall be subject to
cancellation, revocation, and | ||||||
4 | suspension by the Secretary of State in like
manner and for | ||||||
5 | like cause as a driver's license issued under this Code may | ||||||
6 | be
cancelled, revoked, or suspended; except that a | ||||||
7 | conviction upon one or more
offenses against laws or | ||||||
8 | ordinances regulating the movement of traffic
shall be | ||||||
9 | deemed sufficient cause for the revocation, suspension, or
| ||||||
10 | cancellation of a restricted driving permit.
| ||||||
11 | (d-5) The revocation of the license, permit, or driving | ||||||
12 | privileges of a person convicted of a third or subsequent | ||||||
13 | violation of Section 6-303 of this Code committed while his or | ||||||
14 | her driver's license, permit, or privilege was revoked because | ||||||
15 | of a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
16 | the Criminal Code of 2012, relating to the offense of reckless | ||||||
17 | homicide, or a similar provision of a law of another state, is | ||||||
18 | permanent. The Secretary may not, at any time, issue a license | ||||||
19 | or permit to that person.
| ||||||
20 | (e) This Section is subject to the provisions of the Driver | ||||||
21 | License
Compact.
| ||||||
22 | (f) Any revocation imposed upon any person under | ||||||
23 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
24 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
25 | period of time.
| ||||||
26 | (g) The Secretary of State shall not issue a restricted |
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| |||||||
1 | driving permit to
a person under the age of 16 years whose | ||||||
2 | driving privileges have been revoked
under any provisions of | ||||||
3 | this Code.
| ||||||
4 | (h) The Secretary of State shall require the use of | ||||||
5 | ignition interlock
devices on all vehicles owned by a person | ||||||
6 | who has been convicted of a
second or subsequent offense under | ||||||
7 | Section 11-501 of this Code or a similar
provision of a local | ||||||
8 | ordinance. The person must pay to the Secretary of State DUI | ||||||
9 | Administration Fund an amount not to exceed $30 for each month | ||||||
10 | that he or she uses the device. The Secretary shall establish | ||||||
11 | by rule and
regulation the procedures for certification and use | ||||||
12 | of the interlock
system, the amount of the fee, and the | ||||||
13 | procedures, terms, and conditions relating to these fees.
| ||||||
14 | (i) (Blank).
| ||||||
15 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
16 | State may not issue a restricted driving permit for the | ||||||
17 | operation of a commercial motor vehicle to a person holding a | ||||||
18 | CDL whose driving privileges have been revoked, suspended, | ||||||
19 | cancelled, or disqualified under any provisions of this Code.
| ||||||
20 | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||||||
21 | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||||||
22 | 7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. | ||||||
23 | 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
24 | (625 ILCS 5/6-206)
| ||||||
25 | Sec. 6-206. Discretionary authority to suspend or revoke |
| |||||||
| |||||||
1 | license or
permit; Right to a hearing.
| ||||||
2 | (a) The Secretary of State is authorized to suspend or | ||||||
3 | revoke the
driving privileges of any person without preliminary | ||||||
4 | hearing upon a showing
of the person's records or other | ||||||
5 | sufficient evidence that
the person:
| ||||||
6 | 1. Has committed an offense for which mandatory | ||||||
7 | revocation of
a driver's license or permit is required upon | ||||||
8 | conviction;
| ||||||
9 | 2. Has been convicted of not less than 3 offenses | ||||||
10 | against traffic
regulations governing the movement of | ||||||
11 | vehicles committed within any 12
month period. No | ||||||
12 | revocation or suspension shall be entered more than
6 | ||||||
13 | months after the date of last conviction;
| ||||||
14 | 3. Has been repeatedly involved as a driver in motor | ||||||
15 | vehicle
collisions or has been repeatedly convicted of | ||||||
16 | offenses against laws and
ordinances regulating the | ||||||
17 | movement of traffic, to a degree that
indicates lack of | ||||||
18 | ability to exercise ordinary and reasonable care in
the | ||||||
19 | safe operation of a motor vehicle or disrespect for the | ||||||
20 | traffic laws
and the safety of other persons upon the | ||||||
21 | highway;
| ||||||
22 | 4. Has by the unlawful operation of a motor vehicle | ||||||
23 | caused or
contributed to an accident resulting in injury | ||||||
24 | requiring
immediate professional treatment in a medical | ||||||
25 | facility or doctor's office
to any person, except that any | ||||||
26 | suspension or revocation imposed by the
Secretary of State |
| |||||||
| |||||||
1 | under the provisions of this subsection shall start no
| ||||||
2 | later than 6 months after being convicted of violating a | ||||||
3 | law or
ordinance regulating the movement of traffic, which | ||||||
4 | violation is related
to the accident, or shall start not | ||||||
5 | more than one year
after
the date of the accident, | ||||||
6 | whichever date occurs later;
| ||||||
7 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
8 | driver's
license, identification card, or permit;
| ||||||
9 | 6. Has been lawfully convicted of an offense or | ||||||
10 | offenses in another
state, including the authorization | ||||||
11 | contained in Section 6-203.1, which
if committed within | ||||||
12 | this State would be grounds for suspension or revocation;
| ||||||
13 | 7. Has refused or failed to submit to an examination | ||||||
14 | provided for by
Section 6-207 or has failed to pass the | ||||||
15 | examination;
| ||||||
16 | 8. Is ineligible for a driver's license or permit under | ||||||
17 | the provisions
of Section 6-103;
| ||||||
18 | 9. Has made a false statement or knowingly concealed a | ||||||
19 | material fact
or has used false information or | ||||||
20 | identification in any application for a
license, | ||||||
21 | identification card, or permit;
| ||||||
22 | 10. Has possessed, displayed, or attempted to | ||||||
23 | fraudulently use any
license, identification card, or | ||||||
24 | permit not issued to the person;
| ||||||
25 | 11. Has operated a motor vehicle upon a highway of this | ||||||
26 | State when
the person's driving privilege or privilege to |
| |||||||
| |||||||
1 | obtain a driver's license
or permit was revoked or | ||||||
2 | suspended unless the operation was authorized by
a | ||||||
3 | monitoring device driving permit, judicial driving permit | ||||||
4 | issued prior to January 1, 2009, probationary license to | ||||||
5 | drive, or a restricted
driving permit issued under this | ||||||
6 | Code;
| ||||||
7 | 12. Has submitted to any portion of the application | ||||||
8 | process for
another person or has obtained the services of | ||||||
9 | another person to submit to
any portion of the application | ||||||
10 | process for the purpose of obtaining a
license, | ||||||
11 | identification card, or permit for some other person;
| ||||||
12 | 13. Has operated a motor vehicle upon a highway of this | ||||||
13 | State when
the person's driver's license or permit was | ||||||
14 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
15 | 14. Has committed a violation of Section 6-301, | ||||||
16 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
17 | of the Illinois Identification Card
Act;
| ||||||
18 | 15. Has been convicted of violating Section 21-2 of the | ||||||
19 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
20 | to criminal trespass to vehicles in which case, the | ||||||
21 | suspension
shall be for one year;
| ||||||
22 | 16. Has been convicted of violating Section 11-204 of | ||||||
23 | this Code relating
to fleeing from a peace officer;
| ||||||
24 | 17. Has refused to submit to a test, or tests, as | ||||||
25 | required under Section
11-501.1 of this Code and the person | ||||||
26 | has not sought a hearing as
provided for in Section |
| |||||||
| |||||||
1 | 11-501.1;
| ||||||
2 | 18. Has, since issuance of a driver's license or | ||||||
3 | permit, been adjudged
to be afflicted with or suffering | ||||||
4 | from any mental disability or disease;
| ||||||
5 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
6 | of Section 6-101
relating to driving without a driver's | ||||||
7 | license;
| ||||||
8 | 20. Has been convicted of violating Section 6-104 | ||||||
9 | relating to
classification of driver's license;
| ||||||
10 | 21. Has been convicted of violating Section 11-402 of
| ||||||
11 | this Code relating to leaving the scene of an accident | ||||||
12 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
13 | which case the suspension shall be
for one year;
| ||||||
14 | 22. Has used a motor vehicle in violating paragraph | ||||||
15 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
16 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
17 | relating
to unlawful use of weapons, in which case the | ||||||
18 | suspension shall be for one
year;
| ||||||
19 | 23. Has, as a driver, been convicted of committing a | ||||||
20 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
21 | for a second or subsequent
time within one year of a | ||||||
22 | similar violation;
| ||||||
23 | 24. Has been convicted by a court-martial or punished | ||||||
24 | by non-judicial
punishment by military authorities of the | ||||||
25 | United States at a military
installation in Illinois of or | ||||||
26 | for a traffic related offense that is the
same as or |
| |||||||
| |||||||
1 | similar to an offense specified under Section 6-205 or | ||||||
2 | 6-206 of
this Code;
| ||||||
3 | 25. Has permitted any form of identification to be used | ||||||
4 | by another in
the application process in order to obtain or | ||||||
5 | attempt to obtain a license,
identification card, or | ||||||
6 | permit;
| ||||||
7 | 26. Has altered or attempted to alter a license or has | ||||||
8 | possessed an
altered license, identification card, or | ||||||
9 | permit;
| ||||||
10 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
11 | of 1934;
| ||||||
12 | 28. Has been convicted for a first time of the illegal | ||||||
13 | possession, while operating or
in actual physical control, | ||||||
14 | as a driver, of a motor vehicle, of any
controlled | ||||||
15 | substance prohibited under the Illinois Controlled | ||||||
16 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
17 | Control
Act, or any methamphetamine prohibited under the | ||||||
18 | Methamphetamine Control and Community Protection Act, in | ||||||
19 | which case the person's driving privileges shall be | ||||||
20 | suspended for
one year.
Any defendant found guilty of this | ||||||
21 | offense while operating a motor vehicle,
shall have an | ||||||
22 | entry made in the court record by the presiding judge that
| ||||||
23 | this offense did occur while the defendant was operating a | ||||||
24 | motor vehicle
and order the clerk of the court to report | ||||||
25 | the violation to the Secretary
of State;
| ||||||
26 | 29. Has been convicted of the following offenses that |
| |||||||
| |||||||
1 | were committed
while the person was operating or in actual | ||||||
2 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
3 | sexual assault,
predatory criminal sexual assault of a | ||||||
4 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
5 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
6 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
7 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
8 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
9 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
10 | delivery of controlled substances or instruments used for | ||||||
11 | illegal drug use
or abuse in which case the driver's | ||||||
12 | driving privileges shall be suspended
for one year;
| ||||||
13 | 30. Has been convicted a second or subsequent time for | ||||||
14 | any
combination of the offenses named in paragraph 29 of | ||||||
15 | this subsection,
in which case the person's driving | ||||||
16 | privileges shall be suspended for 5
years;
| ||||||
17 | 31. Has refused to submit to a test as
required by | ||||||
18 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
19 | Registration and Safety Act or has submitted to a test | ||||||
20 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
21 | any amount of a drug, substance, or
compound resulting from | ||||||
22 | the unlawful use or consumption of cannabis as listed
in | ||||||
23 | the Cannabis Control Act, a controlled substance as listed | ||||||
24 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
25 | compound as listed in the Use of
Intoxicating Compounds | ||||||
26 | Act, or methamphetamine as listed in the Methamphetamine |
| |||||||
| |||||||
1 | Control and Community Protection Act, in which case the | ||||||
2 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
3 | 32. Has been convicted of Section 24-1.2 of the | ||||||
4 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
5 | to the aggravated discharge of a firearm if the offender | ||||||
6 | was
located in a motor vehicle at the time the firearm was | ||||||
7 | discharged, in which
case the suspension shall be for 3 | ||||||
8 | years;
| ||||||
9 | 33. Has as a driver, who was less than 21 years of age | ||||||
10 | on the date of
the offense, been convicted a first time of | ||||||
11 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
12 | or a similar provision of a local ordinance;
| ||||||
13 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
14 | this Code or a similar provision of a local ordinance;
| ||||||
15 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
16 | this Code or a similar provision of a local ordinance;
| ||||||
17 | 36. Is under the age of 21 years at the time of arrest | ||||||
18 | and has been
convicted of not less than 2 offenses against | ||||||
19 | traffic regulations governing
the movement of vehicles | ||||||
20 | committed within any 24 month period. No revocation
or | ||||||
21 | suspension shall be entered more than 6 months after the | ||||||
22 | date of last
conviction;
| ||||||
23 | 37. Has committed a violation of subsection (c) of | ||||||
24 | Section 11-907 of this
Code that resulted in damage to the | ||||||
25 | property of another or the death or injury of another;
| ||||||
26 | 38. Has been convicted of a violation of Section 6-20 |
| |||||||
| |||||||
1 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
2 | a local ordinance;
| ||||||
3 | 39. Has committed a second or subsequent violation of | ||||||
4 | Section
11-1201 of this Code;
| ||||||
5 | 40. Has committed a violation of subsection (a-1) of | ||||||
6 | Section 11-908 of
this Code; | ||||||
7 | 41. Has committed a second or subsequent violation of | ||||||
8 | Section 11-605.1 of this Code, a similar provision of a | ||||||
9 | local ordinance, or a similar violation in any other state | ||||||
10 | within 2 years of the date of the previous violation, in | ||||||
11 | which case the suspension shall be for 90 days; | ||||||
12 | 42. Has committed a violation of subsection (a-1) of | ||||||
13 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
14 | local ordinance;
| ||||||
15 | 43. Has received a disposition of court supervision for | ||||||
16 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
17 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
18 | a local ordinance, in which case the suspension shall be | ||||||
19 | for a period of 3 months;
| ||||||
20 | 44.
Is under the age of 21 years at the time of arrest | ||||||
21 | and has been convicted of an offense against traffic | ||||||
22 | regulations governing the movement of vehicles after | ||||||
23 | having previously had his or her driving privileges
| ||||||
24 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
25 | Section; | ||||||
26 | 45.
Has, in connection with or during the course of a |
| |||||||
| |||||||
1 | formal hearing conducted under Section 2-118 of this Code: | ||||||
2 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
3 | falsified documents; (iii) submitted documents that have | ||||||
4 | been materially altered; or (iv) submitted, as his or her | ||||||
5 | own, documents that were in fact prepared or composed for | ||||||
6 | another person; | ||||||
7 | 46. Has committed a violation of subsection (j) of | ||||||
8 | Section 3-413 of this Code; or
| ||||||
9 | 47. Has committed a violation of Section 11-502.1 of | ||||||
10 | this Code. | ||||||
11 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
12 | and 27 of this
subsection, license means any driver's license, | ||||||
13 | any traffic ticket issued when
the person's driver's license is | ||||||
14 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
15 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
16 | a probationary driver's license or a temporary driver's | ||||||
17 | license. | ||||||
18 | (b) If any conviction forming the basis of a suspension or
| ||||||
19 | revocation authorized under this Section is appealed, the
| ||||||
20 | Secretary of State may rescind or withhold the entry of the | ||||||
21 | order of suspension
or revocation, as the case may be, provided | ||||||
22 | that a certified copy of a stay
order of a court is filed with | ||||||
23 | the Secretary of State. If the conviction is
affirmed on | ||||||
24 | appeal, the date of the conviction shall relate back to the | ||||||
25 | time
the original judgment of conviction was entered and the 6 | ||||||
26 | month limitation
prescribed shall not apply.
|
| |||||||
| |||||||
1 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
2 | permit of
any person as authorized in this Section, the | ||||||
3 | Secretary of State shall
immediately notify the person in | ||||||
4 | writing of the revocation or suspension.
The notice to be | ||||||
5 | deposited in the United States mail, postage prepaid,
to the | ||||||
6 | last known address of the person.
| ||||||
7 | 2. If the Secretary of State suspends the driver's | ||||||
8 | license
of a person under subsection 2 of paragraph (a) of | ||||||
9 | this Section, a
person's privilege to operate a vehicle as | ||||||
10 | an occupation shall not be
suspended, provided an affidavit | ||||||
11 | is properly completed, the appropriate fee
received, and a | ||||||
12 | permit issued prior to the effective date of the
| ||||||
13 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
14 | which occurred
while operating a commercial vehicle in | ||||||
15 | connection with the driver's
regular occupation. All other | ||||||
16 | driving privileges shall be suspended by the
Secretary of | ||||||
17 | State. Any driver prior to operating a vehicle for
| ||||||
18 | occupational purposes only must submit the affidavit on | ||||||
19 | forms to be
provided by the Secretary of State setting | ||||||
20 | forth the facts of the person's
occupation. The affidavit | ||||||
21 | shall also state the number of offenses
committed while | ||||||
22 | operating a vehicle in connection with the driver's regular
| ||||||
23 | occupation. The affidavit shall be accompanied by the | ||||||
24 | driver's license.
Upon receipt of a properly completed | ||||||
25 | affidavit, the Secretary of State
shall issue the driver a | ||||||
26 | permit to operate a vehicle in connection with the
driver's |
| |||||||
| |||||||
1 | regular occupation only. Unless the permit is issued by the
| ||||||
2 | Secretary of State prior to the date of suspension, the | ||||||
3 | privilege to drive
any motor vehicle shall be suspended as | ||||||
4 | set forth in the notice that was
mailed under this Section. | ||||||
5 | If an affidavit is received subsequent to the
effective | ||||||
6 | date of this suspension, a permit may be issued for the | ||||||
7 | remainder
of the suspension period.
| ||||||
8 | The provisions of this subparagraph shall not apply to | ||||||
9 | any driver
required to possess a CDL for the purpose of | ||||||
10 | operating a commercial motor vehicle.
| ||||||
11 | Any person who falsely states any fact in the affidavit | ||||||
12 | required
herein shall be guilty of perjury under Section | ||||||
13 | 6-302 and upon conviction
thereof shall have all driving | ||||||
14 | privileges revoked without further rights.
| ||||||
15 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
16 | of this Code,
the Secretary of State shall either rescind | ||||||
17 | or continue an order of
revocation or shall substitute an | ||||||
18 | order of suspension; or, good
cause appearing therefor, | ||||||
19 | rescind, continue, change, or extend the
order of | ||||||
20 | suspension. If the Secretary of State does not rescind the | ||||||
21 | order,
the Secretary may upon application,
to relieve undue | ||||||
22 | hardship (as defined by the rules of the Secretary of | ||||||
23 | State), issue
a restricted driving permit granting the | ||||||
24 | privilege of driving a motor
vehicle between the | ||||||
25 | petitioner's residence and petitioner's place of
| ||||||
26 | employment or within the scope of the petitioner's |
| |||||||
| |||||||
1 | employment related duties, or to
allow the petitioner to | ||||||
2 | transport himself or herself, or a family member of the
| ||||||
3 | petitioner's household to a medical facility, to receive | ||||||
4 | necessary medical care, to allow the petitioner to | ||||||
5 | transport himself or herself to and from alcohol or drug
| ||||||
6 | remedial or rehabilitative activity recommended by a | ||||||
7 | licensed service provider, or to allow the petitioner to | ||||||
8 | transport himself or herself or a family member of the | ||||||
9 | petitioner's household to classes, as a student, at an | ||||||
10 | accredited educational institution, or to allow the | ||||||
11 | petitioner to transport children, elderly persons, or | ||||||
12 | disabled persons who do not hold driving privileges and are | ||||||
13 | living in the petitioner's household to and from daycare. | ||||||
14 | The
petitioner must demonstrate that no alternative means | ||||||
15 | of
transportation is reasonably available and that the | ||||||
16 | petitioner will not endanger
the public safety or welfare. | ||||||
17 | Those multiple offenders identified in subdivision (b)4 of | ||||||
18 | Section 6-208 of this Code, however, shall not be eligible | ||||||
19 | for the issuance of a restricted driving permit.
| ||||||
20 |
(A) If a person's license or permit is revoked or | ||||||
21 | suspended due to one 2
or more convictions of violating | ||||||
22 | Section 11-501 of this Code or a similar
provision of a | ||||||
23 | local ordinance or a similar out-of-state offense, or | ||||||
24 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012, where the use of alcohol or | ||||||
26 | other drugs is recited as an element of the offense, or |
| |||||||
| |||||||
1 | a similar out-of-state offense, or a combination of | ||||||
2 | these offenses, arising out
of separate occurrences, | ||||||
3 | that person, if issued a restricted driving permit,
may | ||||||
4 | not operate a vehicle unless it has been equipped with | ||||||
5 | an ignition
interlock device as defined in Section | ||||||
6 | 1-129.1.
| ||||||
7 | (B) If a person's license or permit is revoked or | ||||||
8 | suspended 2 or more
times within a 10 year period due | ||||||
9 | to any combination of: | ||||||
10 | (i) a single conviction of violating Section
| ||||||
11 | 11-501 of this Code or a similar provision of a | ||||||
12 | local ordinance or a similar
out-of-state offense | ||||||
13 | or Section 9-3 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012, where the use of alcohol or | ||||||
15 | other drugs is recited as an element of the | ||||||
16 | offense, or a similar out-of-state offense; or | ||||||
17 | (ii) a statutory summary suspension or | ||||||
18 | revocation under Section
11-501.1; or | ||||||
19 | (iii) a suspension under Section 6-203.1; | ||||||
20 | arising out of
separate occurrences; that person, if | ||||||
21 | issued a restricted driving permit, may
not operate a | ||||||
22 | vehicle unless it has been
equipped with an ignition | ||||||
23 | interlock device as defined in Section 1-129.1. | ||||||
24 | (C)
The person issued a permit conditioned upon the | ||||||
25 | use of an ignition interlock device must pay to the | ||||||
26 | Secretary of State DUI Administration Fund an amount
|
| |||||||
| |||||||
1 | not to exceed $30 per month. The Secretary shall | ||||||
2 | establish by rule the amount
and the procedures, terms, | ||||||
3 | and conditions relating to these fees. | ||||||
4 | (D) If the
restricted driving permit is issued for | ||||||
5 | employment purposes, then the prohibition against | ||||||
6 | operating a motor vehicle that is not equipped with an | ||||||
7 | ignition interlock device does not apply to the | ||||||
8 | operation of an occupational vehicle owned or
leased by | ||||||
9 | that person's employer when used solely for employment | ||||||
10 | purposes. | ||||||
11 | (E) In each case the Secretary may issue a
| ||||||
12 | restricted driving permit for a period deemed | ||||||
13 | appropriate, except that all
permits shall expire | ||||||
14 | within one year from the date of issuance. The | ||||||
15 | Secretary
may not, however, issue a restricted driving | ||||||
16 | permit to any person whose current
revocation is the | ||||||
17 | result of a second or subsequent conviction for a | ||||||
18 | violation
of Section 11-501 of this Code or a similar | ||||||
19 | provision of a local ordinance
or any similar | ||||||
20 | out-of-state offense, or Section 9-3 of the Criminal | ||||||
21 | Code of 1961 or the Criminal Code of 2012, where the | ||||||
22 | use of alcohol or other drugs is recited as an element | ||||||
23 | of the offense, or any similar out-of-state offense, or | ||||||
24 | any combination
of those offenses, until the | ||||||
25 | expiration of at least one year from the date of
the | ||||||
26 | revocation. A
restricted driving permit issued under |
| |||||||
| |||||||
1 | this Section shall be subject to
cancellation, | ||||||
2 | revocation, and suspension by the Secretary of State in | ||||||
3 | like
manner and for like cause as a driver's license | ||||||
4 | issued under this Code may be
cancelled, revoked, or | ||||||
5 | suspended; except that a conviction upon one or more
| ||||||
6 | offenses against laws or ordinances regulating the | ||||||
7 | movement of traffic
shall be deemed sufficient cause | ||||||
8 | for the revocation, suspension, or
cancellation of a | ||||||
9 | restricted driving permit. The Secretary of State may, | ||||||
10 | as
a condition to the issuance of a restricted driving | ||||||
11 | permit, require the
applicant to participate in a | ||||||
12 | designated driver remedial or rehabilitative
program. | ||||||
13 | The Secretary of State is authorized to cancel a | ||||||
14 | restricted
driving permit if the permit holder does not | ||||||
15 | successfully complete the program.
| ||||||
16 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
17 | subsection (a), reports received by the Secretary of State | ||||||
18 | under this Section shall, except during the actual time the | ||||||
19 | suspension is in effect, be privileged information and for use | ||||||
20 | only by the courts, police officers, prosecuting authorities, | ||||||
21 | the driver licensing administrator of any other state, the | ||||||
22 | Secretary of State, or the parent or legal guardian of a driver | ||||||
23 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
24 | person is a CDL holder, the suspension shall also be made | ||||||
25 | available to the driver licensing administrator of any other | ||||||
26 | state, the U.S. Department of Transportation, and the affected |
| |||||||
| |||||||
1 | driver or motor
carrier or prospective motor carrier upon | ||||||
2 | request.
| ||||||
3 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
4 | subsection (a), the Secretary of State shall notify the person | ||||||
5 | by mail that his or her driving privileges and driver's license | ||||||
6 | will be suspended one month after the date of the mailing of | ||||||
7 | the notice.
| ||||||
8 | (c-5) The Secretary of State may, as a condition of the | ||||||
9 | reissuance of a
driver's license or permit to an applicant | ||||||
10 | whose driver's license or permit has
been suspended before he | ||||||
11 | or she reached the age of 21 years pursuant to any of
the | ||||||
12 | provisions of this Section, require the applicant to | ||||||
13 | participate in a
driver remedial education course and be | ||||||
14 | retested under Section 6-109 of this
Code.
| ||||||
15 | (d) This Section is subject to the provisions of the | ||||||
16 | Drivers License
Compact.
| ||||||
17 | (e) The Secretary of State shall not issue a restricted | ||||||
18 | driving permit to
a person under the age of 16 years whose | ||||||
19 | driving privileges have been suspended
or revoked under any | ||||||
20 | provisions of this Code.
| ||||||
21 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
22 | State may not issue a restricted driving permit for the | ||||||
23 | operation of a commercial motor vehicle to a person holding a | ||||||
24 | CDL whose driving privileges have been suspended, revoked, | ||||||
25 | cancelled, or disqualified under any provisions of this Code. | ||||||
26 | (Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; |
| |||||||
| |||||||
1 | 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; | ||||||
2 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. | ||||||
3 | 1-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)
| ||||||
4 | Section 99. Effective date. This Act takes effect July 1, | ||||||
5 | 2015.".
|