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Full Text of SB1478  97th General Assembly

SB1478 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1478

 

Introduced 2/9/2011, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-205

    Amends the Illinois Vehicle Code. Makes technical changes in a Section concerning mandatory revocation of a license or permit.


LRB097 06968 HEP 47061 b

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-205 as follows:
 
6    (625 ILCS 5/6-205)
7    (Text of Section before amendment by P.A. 96-1344)
8    Sec. 6-205. Mandatory revocation of license or permit;
9Hardship cases.
10    (a) Except as provided in this Section, the the Secretary
11of State shall immediately revoke the license, permit, or
12driving privileges of any driver upon receiving a report of the
13driver's conviction of any of the following offenses:
14        1. Reckless homicide resulting from the operation of a
15    motor vehicle;
16        2. Violation of Section 11-501 of this Code or a
17    similar provision of a local ordinance relating to the
18    offense of operating or being in physical control of a
19    vehicle while under the influence of alcohol, other drug or
20    drugs, intoxicating compound or compounds, or any
21    combination thereof;
22        3. Any felony under the laws of any State or the
23    federal government in the commission of which a motor

 

 

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1    vehicle was used;
2        4. Violation of Section 11-401 of this Code relating to
3    the offense of leaving the scene of a traffic accident
4    involving death or personal injury;
5        5. Perjury or the making of a false affidavit or
6    statement under oath to the Secretary of State under this
7    Code or under any other law relating to the ownership or
8    operation of motor vehicles;
9        6. Conviction upon 3 charges of violation of Section
10    11-503 of this Code relating to the offense of reckless
11    driving committed within a period of 12 months;
12        7. Conviction of any offense defined in Section 4-102
13    of this Code;
14        8. Violation of Section 11-504 of this Code relating to
15    the offense of drag racing;
16        9. Violation of Chapters 8 and 9 of this Code;
17        10. Violation of Section 12-5 of the Criminal Code of
18    1961 arising from the use of a motor vehicle;
19        11. Violation of Section 11-204.1 of this Code relating
20    to aggravated fleeing or attempting to elude a peace
21    officer;
22        12. Violation of paragraph (1) of subsection (b) of
23    Section 6-507, or a similar law of any other state,
24    relating to the unlawful operation of a commercial motor
25    vehicle;
26        13. Violation of paragraph (a) of Section 11-502 of

 

 

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1    this Code or a similar provision of a local ordinance if
2    the driver has been previously convicted of a violation of
3    that Section or a similar provision of a local ordinance
4    and the driver was less than 21 years of age at the time of
5    the offense;
6        14. Violation of paragraph (a) of Section 11-506 of
7    this Code or a similar provision of a local ordinance
8    relating to the offense of street racing;
9        15. A second or subsequent conviction of driving while
10    the person's driver's license, permit or privileges was
11    revoked for reckless homicide or a similar out-of-state
12    offense;
13        16. Any offense against any provision in this the
14    Illinois Vehicle Code, or any local ordinance, regulating
15    the movement of traffic, when that offense was the
16    proximate cause of the death of any person. Any person
17    whose driving privileges have been revoked pursuant to this
18    paragraph may seek to have the revocation terminated or to
19    have the length of revocation reduced, by requesting an
20    administrative hearing with the Secretary of State prior to
21    the projected driver's license application eligibility
22    date.
23    (b) The Secretary of State shall also immediately revoke
24the license or permit of any driver in the following
25situations:
26        1. Of any minor upon receiving the notice provided for

 

 

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1    in Section 5-901 of the Juvenile Court Act of 1987 that the
2    minor has been adjudicated under that Act as having
3    committed an offense relating to motor vehicles prescribed
4    in Section 4-103 of this Code;
5        2. Of any person when any other law of this State
6    requires either the revocation or suspension of a license
7    or permit;
8        3. Of any person adjudicated under the Juvenile Court
9    Act of 1987 based on an offense determined to have been
10    committed in furtherance of the criminal activities of an
11    organized gang as provided in Section 5-710 of that Act,
12    and that involved the operation or use of a motor vehicle
13    or the use of a driver's license or permit. The revocation
14    shall remain in effect for the period determined by the
15    court. Upon the direction of the court, the Secretary shall
16    issue the person a judicial driving permit, also known as a
17    JDP. The JDP shall be subject to the same terms as a JDP
18    issued under Section 6-206.1, except that the court may
19    direct that a JDP issued under this subdivision (b)(3) be
20    effective immediately.
21    (c)(1) Whenever Except as provided in subsection (c-5),
22whenever a person is convicted of any of the offenses
23enumerated in this Section, the court may recommend and the
24Secretary of State in his discretion, without regard to whether
25the recommendation is made by the court may, upon application,
26issue to the person a restricted driving permit granting the

 

 

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1privilege of driving a motor vehicle between the petitioner's
2residence and petitioner's place of employment or within the
3scope of the petitioner's employment related duties, or to
4allow the petitioner to transport himself or herself or a
5family member of the petitioner's household to a medical
6facility for the receipt of necessary medical care or to allow
7the petitioner to transport himself or herself to and from
8alcohol or drug remedial or rehabilitative activity
9recommended by a licensed service provider, or to allow the
10petitioner to transport himself or herself or a family member
11of the petitioner's household to classes, as a student, at an
12accredited educational institution, or to allow the petitioner
13to transport children, elderly persons, or disabled persons who
14do not hold driving privileges and are living in the
15petitioner's household to and from daycare; if the petitioner
16is able to demonstrate that no alternative means of
17transportation is reasonably available and that the petitioner
18will not endanger the public safety or welfare; provided that
19the Secretary's discretion shall be limited to cases where
20undue hardship, as defined by the rules of the Secretary of
21State, would result from a failure to issue the restricted
22driving permit. Those multiple offenders identified in
23subdivision (b)4 of Section 6-208 of this Code, however, shall
24not be eligible for the issuance of a restricted driving
25permit.
26        (2) If a person's license or permit is revoked or

 

 

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1    suspended due to 2 or more convictions of violating Section
2    11-501 of this Code or a similar provision of a local
3    ordinance or a similar out-of-state offense, or Section 9-3
4    of the Criminal Code of 1961, where the use of alcohol or
5    other drugs is recited as an element of the offense, or a
6    similar out-of-state offense, or a combination of these
7    offenses, arising out of separate occurrences, that
8    person, if issued a restricted driving permit, may not
9    operate a vehicle unless it has been equipped with an
10    ignition interlock device as defined in Section 1-129.1.
11        (3) If:
12            (A) a person's license or permit is revoked or
13        suspended 2 or more times within a 10 year period due
14        to any combination of:
15                (i) a single conviction of violating Section
16            11-501 of this Code or a similar provision of a
17            local ordinance or a similar out-of-state offense,
18            or Section 9-3 of the Criminal Code of 1961, where
19            the use of alcohol or other drugs is recited as an
20            element of the offense, or a similar out-of-state
21            offense; or
22                (ii) a statutory summary suspension under
23            Section 11-501.1; or
24                (iii) a suspension pursuant to Section
25            6-203.1;
26        arising out of separate occurrences; or

 

 

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1            (B) a person has been convicted of one violation of
2        Section 6-303 of this Code committed while his or her
3        driver's license, permit, or privilege was revoked
4        because of a violation of Section 9-3 of the Criminal
5        Code of 1961, relating to the offense of reckless
6        homicide where the use of alcohol or other drugs was
7        recited as an element of the offense, or a similar
8        provision of a law of another state;
9    that person, if issued a restricted driving permit, may not
10    operate a vehicle unless it has been equipped with an
11    ignition interlock device as defined in Section 1-129.1.
12        (4) The person issued a permit conditioned on the use
13    of an ignition interlock device must pay to the Secretary
14    of State DUI Administration Fund an amount not to exceed
15    $30 per month. The Secretary shall establish by rule the
16    amount and the procedures, terms, and conditions relating
17    to these fees.
18        (5) If the restricted driving permit is issued for
19    employment purposes, then the prohibition against
20    operating a motor vehicle that is not equipped with an
21    ignition interlock device does not apply to the operation
22    of an occupational vehicle owned or leased by that person's
23    employer when used solely for employment purposes.
24        (6) In each case the Secretary of State may issue a
25    restricted driving permit for a period he deems
26    appropriate, except that the permit shall expire within one

 

 

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1    year from the date of issuance. The Secretary may not,
2    however, issue a restricted driving permit to any person
3    whose current revocation is the result of a second or
4    subsequent conviction for a violation of Section 11-501 of
5    this Code or a similar provision of a local ordinance or
6    any similar out-of-state offense, or Section 9-3 of the
7    Criminal Code of 1961, where the use of alcohol or other
8    drugs is recited as an element of the offense, or any
9    similar out-of-state offense, or any combination of these
10    offenses, until the expiration of at least one year from
11    the date of the revocation. A restricted driving permit
12    issued under this Section shall be subject to cancellation,
13    revocation, and suspension by the Secretary of State in
14    like manner and for like cause as a driver's license issued
15    under this Code may be cancelled, revoked, or suspended;
16    except that a conviction upon one or more offenses against
17    laws or ordinances regulating the movement of traffic shall
18    be deemed sufficient cause for the revocation, suspension,
19    or cancellation of a restricted driving permit. The
20    Secretary of State may, as a condition to the issuance of a
21    restricted driving permit, require the petitioner to
22    participate in a designated driver remedial or
23    rehabilitative program. The Secretary of State is
24    authorized to cancel a restricted driving permit if the
25    permit holder does not successfully complete the program.
26    However, if an individual's driving privileges have been

 

 

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1    revoked in accordance with paragraph 13 of subsection (a)
2    of this Section, no restricted driving permit shall be
3    issued until the individual has served 6 months of the
4    revocation period.
5    (c-5) (Blank).
6    (c-6) If a person is convicted of a second violation of
7operating a motor vehicle while the person's driver's license,
8permit or privilege was revoked, where the revocation was for a
9violation of Section 9-3 of the Criminal Code of 1961 relating
10to the offense of reckless homicide or a similar out-of-state
11offense, the person's driving privileges shall be revoked
12pursuant to subdivision (a)(15) of this Section. The person may
13not make application for a license or permit until the
14expiration of five years from the effective date of the
15revocation or the expiration of five years from the date of
16release from a term of imprisonment, whichever is later.
17    (c-7) If a person is convicted of a third or subsequent
18violation of operating a motor vehicle while the person's
19driver's license, permit or privilege was revoked, where the
20revocation was for a violation of Section 9-3 of the Criminal
21Code of 1961 relating to the offense of reckless homicide or a
22similar out-of-state offense, the person may never apply for a
23license or permit.
24    (d)(1) Whenever a person under the age of 21 is convicted
25under Section 11-501 of this Code or a similar provision of a
26local ordinance or a similar out-of-state offense, the

 

 

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1Secretary of State shall revoke the driving privileges of that
2person. One year after the date of revocation, and upon
3application, the Secretary of State may, if satisfied that the
4person applying will not endanger the public safety or welfare,
5issue a restricted driving permit granting the privilege of
6driving a motor vehicle only between the hours of 5 a.m. and 9
7p.m. or as otherwise provided by this Section for a period of
8one year. After this one year period, and upon reapplication
9for a license as provided in Section 6-106, upon payment of the
10appropriate reinstatement fee provided under paragraph (b) of
11Section 6-118, the Secretary of State, in his discretion, may
12reinstate the petitioner's driver's license and driving
13privileges, or extend the restricted driving permit as many
14times as the Secretary of State deems appropriate, by
15additional periods of not more than 12 months each.
16        (2) If a person's license or permit is revoked or
17    suspended due to 2 or more convictions of violating Section
18    11-501 of this Code or a similar provision of a local
19    ordinance or a similar out-of-state offense, or Section 9-3
20    of the Criminal Code of 1961, where the use of alcohol or
21    other drugs is recited as an element of the offense, or a
22    similar out-of-state offense, or a combination of these
23    offenses, arising out of separate occurrences, that
24    person, if issued a restricted driving permit, may not
25    operate a vehicle unless it has been equipped with an
26    ignition interlock device as defined in Section 1-129.1.

 

 

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1        (3) If a person's license or permit is revoked or
2    suspended 2 or more times within a 10 year period due to
3    any combination of:
4            (A) a single conviction of violating Section
5        11-501 of this Code or a similar provision of a local
6        ordinance or a similar out-of-state offense, or
7        Section 9-3 of the Criminal Code of 1961, where the use
8        of alcohol or other drugs is recited as an element of
9        the offense, or a similar out-of-state offense; or
10            (B) a statutory summary suspension under Section
11        11-501.1; or
12            (C) a suspension pursuant to Section 6-203.1;
13    arising out of separate occurrences, that person, if issued
14    a restricted driving permit, may not operate a vehicle
15    unless it has been equipped with an ignition interlock
16    device as defined in Section 1-129.1.
17        (4) The person issued a permit conditioned upon the use
18    of an interlock device must pay to the Secretary of State
19    DUI Administration Fund an amount not to exceed $30 per
20    month. The Secretary shall establish by rule the amount and
21    the procedures, terms, and conditions relating to these
22    fees.
23        (5) If the restricted driving permit is issued for
24    employment purposes, then the prohibition against driving
25    a vehicle that is not equipped with an ignition interlock
26    device does not apply to the operation of an occupational

 

 

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1    vehicle owned or leased by that person's employer when used
2    solely for employment purposes.
3        (6) A restricted driving permit issued under this
4    Section shall be subject to cancellation, revocation, and
5    suspension by the Secretary of State in like manner and for
6    like cause as a driver's license issued under this Code may
7    be cancelled, revoked, or suspended; except that a
8    conviction upon one or more offenses against laws or
9    ordinances regulating the movement of traffic shall be
10    deemed sufficient cause for the revocation, suspension, or
11    cancellation of a restricted driving permit.
12    (d-5) The revocation of the license, permit, or driving
13privileges of a person convicted of a third or subsequent
14violation of Section 6-303 of this Code committed while his or
15her driver's license, permit, or privilege was revoked because
16of a violation of Section 9-3 of the Criminal Code of 1961,
17relating to the offense of reckless homicide, or a similar
18provision of a law of another state, is permanent. The
19Secretary may not, at any time, issue a license or permit to
20that person.
21    (e) This Section is subject to the provisions of the Driver
22License Compact.
23    (f) Any revocation imposed upon any person under
24subsections 2 and 3 of paragraph (b) that is in effect on
25December 31, 1988 shall be converted to a suspension for a like
26period of time.

 

 

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1    (g) The Secretary of State shall not issue a restricted
2driving permit to a person under the age of 16 years whose
3driving privileges have been revoked under any provisions of
4this Code.
5    (h) The Secretary of State shall require the use of
6ignition interlock devices on all vehicles owned by a person
7who has been convicted of a second or subsequent offense under
8Section 11-501 of this Code or a similar provision of a local
9ordinance. The person must pay to the Secretary of State DUI
10Administration Fund an amount not to exceed $30 for each month
11that he or she uses the device. The Secretary shall establish
12by rule and regulation the procedures for certification and use
13of the interlock system, the amount of the fee, and the
14procedures, terms, and conditions relating to these fees.
15    (i) (Blank).
16    (j) In accordance with 49 C.F.R. 384, the Secretary of
17State may not issue a restricted driving permit for the
18operation of a commercial motor vehicle to a person holding a
19CDL whose driving privileges have been revoked, suspended,
20cancelled, or disqualified under any provisions of this Code.
21(Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377,
22eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848,
23eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09;
2496-607, eff. 8-24-09; 96-1180, eff. 1-1-11; 96-1305, eff.
251-1-11; revised 9-2-10.)
 

 

 

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1    (Text of Section after amendment by P.A. 96-1344)
2    Sec. 6-205. Mandatory revocation of license or permit;
3Hardship cases.
4    (a) Except as provided in this Section, the the Secretary
5of State shall immediately revoke the license, permit, or
6driving privileges of any driver upon receiving a report of the
7driver's conviction of any of the following offenses:
8        1. Reckless homicide resulting from the operation of a
9    motor vehicle;
10        2. Violation of Section 11-501 of this Code or a
11    similar provision of a local ordinance relating to the
12    offense of operating or being in physical control of a
13    vehicle while under the influence of alcohol, other drug or
14    drugs, intoxicating compound or compounds, or any
15    combination thereof;
16        3. Any felony under the laws of any State or the
17    federal government in the commission of which a motor
18    vehicle was used;
19        4. Violation of Section 11-401 of this Code relating to
20    the offense of leaving the scene of a traffic accident
21    involving death or personal injury;
22        5. Perjury or the making of a false affidavit or
23    statement under oath to the Secretary of State under this
24    Code or under any other law relating to the ownership or
25    operation of motor vehicles;
26        6. Conviction upon 3 charges of violation of Section

 

 

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1    11-503 of this Code relating to the offense of reckless
2    driving committed within a period of 12 months;
3        7. Conviction of any offense defined in Section 4-102
4    of this Code;
5        8. Violation of Section 11-504 of this Code relating to
6    the offense of drag racing;
7        9. Violation of Chapters 8 and 9 of this Code;
8        10. Violation of Section 12-5 of the Criminal Code of
9    1961 arising from the use of a motor vehicle;
10        11. Violation of Section 11-204.1 of this Code relating
11    to aggravated fleeing or attempting to elude a peace
12    officer;
13        12. Violation of paragraph (1) of subsection (b) of
14    Section 6-507, or a similar law of any other state,
15    relating to the unlawful operation of a commercial motor
16    vehicle;
17        13. Violation of paragraph (a) of Section 11-502 of
18    this Code or a similar provision of a local ordinance if
19    the driver has been previously convicted of a violation of
20    that Section or a similar provision of a local ordinance
21    and the driver was less than 21 years of age at the time of
22    the offense;
23        14. Violation of paragraph (a) of Section 11-506 of
24    this Code or a similar provision of a local ordinance
25    relating to the offense of street racing;
26        15. A second or subsequent conviction of driving while

 

 

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1    the person's driver's license, permit or privileges was
2    revoked for reckless homicide or a similar out-of-state
3    offense;
4        16. Any offense against any provision in this the
5    Illinois Vehicle Code, or any local ordinance, regulating
6    the movement of traffic, when that offense was the
7    proximate cause of the death of any person. Any person
8    whose driving privileges have been revoked pursuant to this
9    paragraph may seek to have the revocation terminated or to
10    have the length of revocation reduced, by requesting an
11    administrative hearing with the Secretary of State prior to
12    the projected driver's license application eligibility
13    date.
14    (b) The Secretary of State shall also immediately revoke
15the license or permit of any driver in the following
16situations:
17        1. Of any minor upon receiving the notice provided for
18    in Section 5-901 of the Juvenile Court Act of 1987 that the
19    minor has been adjudicated under that Act as having
20    committed an offense relating to motor vehicles prescribed
21    in Section 4-103 of this Code;
22        2. Of any person when any other law of this State
23    requires either the revocation or suspension of a license
24    or permit;
25        3. Of any person adjudicated under the Juvenile Court
26    Act of 1987 based on an offense determined to have been

 

 

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1    committed in furtherance of the criminal activities of an
2    organized gang as provided in Section 5-710 of that Act,
3    and that involved the operation or use of a motor vehicle
4    or the use of a driver's license or permit. The revocation
5    shall remain in effect for the period determined by the
6    court. Upon the direction of the court, the Secretary shall
7    issue the person a judicial driving permit, also known as a
8    JDP. The JDP shall be subject to the same terms as a JDP
9    issued under Section 6-206.1, except that the court may
10    direct that a JDP issued under this subdivision (b)(3) be
11    effective immediately.
12    (c)(1) Whenever Except as provided in subsection (c-5),
13whenever a person is convicted of any of the offenses
14enumerated in this Section, the court may recommend and the
15Secretary of State in his discretion, without regard to whether
16the recommendation is made by the court may, upon application,
17issue to the person a restricted driving permit granting the
18privilege of driving a motor vehicle between the petitioner's
19residence and petitioner's place of employment or within the
20scope of the petitioner's employment related duties, or to
21allow the petitioner to transport himself or herself or a
22family member of the petitioner's household to a medical
23facility for the receipt of necessary medical care or to allow
24the petitioner to transport himself or herself to and from
25alcohol or drug remedial or rehabilitative activity
26recommended by a licensed service provider, or to allow the

 

 

SB1478- 18 -LRB097 06968 HEP 47061 b

1petitioner to transport himself or herself or a family member
2of the petitioner's household to classes, as a student, at an
3accredited educational institution, or to allow the petitioner
4to transport children, elderly persons, or disabled persons who
5do not hold driving privileges and are living in the
6petitioner's household to and from daycare; if the petitioner
7is able to demonstrate that no alternative means of
8transportation is reasonably available and that the petitioner
9will not endanger the public safety or welfare; provided that
10the Secretary's discretion shall be limited to cases where
11undue hardship, as defined by the rules of the Secretary of
12State, would result from a failure to issue the restricted
13driving permit. Those multiple offenders identified in
14subdivision (b)4 of Section 6-208 of this Code, however, shall
15not be eligible for the issuance of a restricted driving
16permit.
17        (2) If a person's license or permit is revoked or
18    suspended due to 2 or more convictions of violating Section
19    11-501 of this Code or a similar provision of a local
20    ordinance or a similar out-of-state offense, or Section 9-3
21    of the Criminal Code of 1961, where the use of alcohol or
22    other drugs is recited as an element of the offense, or a
23    similar out-of-state offense, or a combination of these
24    offenses, arising out of separate occurrences, that
25    person, if issued a restricted driving permit, may not
26    operate a vehicle unless it has been equipped with an

 

 

SB1478- 19 -LRB097 06968 HEP 47061 b

1    ignition interlock device as defined in Section 1-129.1.
2        (3) If:
3            (A) a person's license or permit is revoked or
4        suspended 2 or more times within a 10 year period due
5        to any combination of:
6                (i) a single conviction of violating Section
7            11-501 of this Code or a similar provision of a
8            local ordinance or a similar out-of-state offense,
9            or Section 9-3 of the Criminal Code of 1961, where
10            the use of alcohol or other drugs is recited as an
11            element of the offense, or a similar out-of-state
12            offense; or
13                (ii) a statutory summary suspension or
14            revocation under Section 11-501.1; or
15                (iii) a suspension pursuant to Section
16            6-203.1;
17        arising out of separate occurrences; or
18            (B) a person has been convicted of one violation of
19        Section 6-303 of this Code committed while his or her
20        driver's license, permit, or privilege was revoked
21        because of a violation of Section 9-3 of the Criminal
22        Code of 1961, relating to the offense of reckless
23        homicide where the use of alcohol or other drugs was
24        recited as an element of the offense, or a similar
25        provision of a law of another state;
26    that person, if issued a restricted driving permit, may not

 

 

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1    operate a vehicle unless it has been equipped with an
2    ignition interlock device as defined in Section 1-129.1.
3        (4) The person issued a permit conditioned on the use
4    of an ignition interlock device must pay to the Secretary
5    of State DUI Administration Fund an amount not to exceed
6    $30 per month. The Secretary shall establish by rule the
7    amount and the procedures, terms, and conditions relating
8    to these fees.
9        (5) If the restricted driving permit is issued for
10    employment purposes, then the prohibition against
11    operating a motor vehicle that is not equipped with an
12    ignition interlock device does not apply to the operation
13    of an occupational vehicle owned or leased by that person's
14    employer when used solely for employment purposes.
15        (6) In each case the Secretary of State may issue a
16    restricted driving permit for a period he deems
17    appropriate, except that the permit shall expire within one
18    year from the date of issuance. The Secretary may not,
19    however, issue a restricted driving permit to any person
20    whose current revocation is the result of a second or
21    subsequent conviction for a violation of Section 11-501 of
22    this Code or a similar provision of a local ordinance or
23    any similar out-of-state offense, or Section 9-3 of the
24    Criminal Code of 1961, where the use of alcohol or other
25    drugs is recited as an element of the offense, or any
26    similar out-of-state offense, or any combination of these

 

 

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1    offenses, until the expiration of at least one year from
2    the date of the revocation. A restricted driving permit
3    issued under this Section shall be subject to cancellation,
4    revocation, and suspension by the Secretary of State in
5    like manner and for like cause as a driver's license issued
6    under this Code may be cancelled, revoked, or suspended;
7    except that a conviction upon one or more offenses against
8    laws or ordinances regulating the movement of traffic shall
9    be deemed sufficient cause for the revocation, suspension,
10    or cancellation of a restricted driving permit. The
11    Secretary of State may, as a condition to the issuance of a
12    restricted driving permit, require the petitioner to
13    participate in a designated driver remedial or
14    rehabilitative program. The Secretary of State is
15    authorized to cancel a restricted driving permit if the
16    permit holder does not successfully complete the program.
17    However, if an individual's driving privileges have been
18    revoked in accordance with paragraph 13 of subsection (a)
19    of this Section, no restricted driving permit shall be
20    issued until the individual has served 6 months of the
21    revocation period.
22    (c-5) (Blank).
23    (c-6) If a person is convicted of a second violation of
24operating a motor vehicle while the person's driver's license,
25permit or privilege was revoked, where the revocation was for a
26violation of Section 9-3 of the Criminal Code of 1961 relating

 

 

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1to the offense of reckless homicide or a similar out-of-state
2offense, the person's driving privileges shall be revoked
3pursuant to subdivision (a)(15) of this Section. The person may
4not make application for a license or permit until the
5expiration of five years from the effective date of the
6revocation or the expiration of five years from the date of
7release from a term of imprisonment, whichever is later.
8    (c-7) If a person is convicted of a third or subsequent
9violation of operating a motor vehicle while the person's
10driver's license, permit or privilege was revoked, where the
11revocation was for a violation of Section 9-3 of the Criminal
12Code of 1961 relating to the offense of reckless homicide or a
13similar out-of-state offense, the person may never apply for a
14license or permit.
15    (d)(1) Whenever a person under the age of 21 is convicted
16under Section 11-501 of this Code or a similar provision of a
17local ordinance or a similar out-of-state offense, the
18Secretary of State shall revoke the driving privileges of that
19person. One year after the date of revocation, and upon
20application, the Secretary of State may, if satisfied that the
21person applying will not endanger the public safety or welfare,
22issue a restricted driving permit granting the privilege of
23driving a motor vehicle only between the hours of 5 a.m. and 9
24p.m. or as otherwise provided by this Section for a period of
25one year. After this one year period, and upon reapplication
26for a license as provided in Section 6-106, upon payment of the

 

 

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1appropriate reinstatement fee provided under paragraph (b) of
2Section 6-118, the Secretary of State, in his discretion, may
3reinstate the petitioner's driver's license and driving
4privileges, or extend the restricted driving permit as many
5times as the Secretary of State deems appropriate, by
6additional periods of not more than 12 months each.
7        (2) If a person's license or permit is revoked or
8    suspended due to 2 or more convictions of violating Section
9    11-501 of this Code or a similar provision of a local
10    ordinance or a similar out-of-state offense, or Section 9-3
11    of the Criminal Code of 1961, where the use of alcohol or
12    other drugs is recited as an element of the offense, or a
13    similar out-of-state offense, or a combination of these
14    offenses, arising out of separate occurrences, that
15    person, if issued a restricted driving permit, may not
16    operate a vehicle unless it has been equipped with an
17    ignition interlock device as defined in Section 1-129.1.
18        (3) If a person's license or permit is revoked or
19    suspended 2 or more times within a 10 year period due to
20    any combination of:
21            (A) a single conviction of violating Section
22        11-501 of this Code or a similar provision of a local
23        ordinance or a similar out-of-state offense, or
24        Section 9-3 of the Criminal Code of 1961, where the use
25        of alcohol or other drugs is recited as an element of
26        the offense, or a similar out-of-state offense; or

 

 

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1            (B) a statutory summary suspension or revocation
2        under Section 11-501.1; or
3            (C) a suspension pursuant to Section 6-203.1;
4    arising out of separate occurrences, that person, if issued
5    a restricted driving permit, may not operate a vehicle
6    unless it has been equipped with an ignition interlock
7    device as defined in Section 1-129.1.
8        (4) The person issued a permit conditioned upon the use
9    of an interlock device must pay to the Secretary of State
10    DUI Administration Fund an amount not to exceed $30 per
11    month. The Secretary shall establish by rule the amount and
12    the procedures, terms, and conditions relating to these
13    fees.
14        (5) If the restricted driving permit is issued for
15    employment purposes, then the prohibition against driving
16    a vehicle that is not equipped with an ignition interlock
17    device does not apply to the operation of an occupational
18    vehicle owned or leased by that person's employer when used
19    solely for employment purposes.
20        (6) A restricted driving permit issued under this
21    Section shall be subject to cancellation, revocation, and
22    suspension by the Secretary of State in like manner and for
23    like cause as a driver's license issued under this Code may
24    be cancelled, revoked, or suspended; except that a
25    conviction upon one or more offenses against laws or
26    ordinances regulating the movement of traffic shall be

 

 

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1    deemed sufficient cause for the revocation, suspension, or
2    cancellation of a restricted driving permit.
3    (d-5) The revocation of the license, permit, or driving
4privileges of a person convicted of a third or subsequent
5violation of Section 6-303 of this Code committed while his or
6her driver's license, permit, or privilege was revoked because
7of a violation of Section 9-3 of the Criminal Code of 1961,
8relating to the offense of reckless homicide, or a similar
9provision of a law of another state, is permanent. The
10Secretary may not, at any time, issue a license or permit to
11that person.
12    (e) This Section is subject to the provisions of the Driver
13License Compact.
14    (f) Any revocation imposed upon any person under
15subsections 2 and 3 of paragraph (b) that is in effect on
16December 31, 1988 shall be converted to a suspension for a like
17period of time.
18    (g) The Secretary of State shall not issue a restricted
19driving permit to a person under the age of 16 years whose
20driving privileges have been revoked under any provisions of
21this Code.
22    (h) The Secretary of State shall require the use of
23ignition interlock devices on all vehicles owned by a person
24who has been convicted of a second or subsequent offense under
25Section 11-501 of this Code or a similar provision of a local
26ordinance. The person must pay to the Secretary of State DUI

 

 

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1Administration Fund an amount not to exceed $30 for each month
2that he or she uses the device. The Secretary shall establish
3by rule and regulation the procedures for certification and use
4of the interlock system, the amount of the fee, and the
5procedures, terms, and conditions relating to these fees.
6    (i) (Blank).
7    (j) In accordance with 49 C.F.R. 384, the Secretary of
8State may not issue a restricted driving permit for the
9operation of a commercial motor vehicle to a person holding a
10CDL whose driving privileges have been revoked, suspended,
11cancelled, or disqualified under any provisions of this Code.
12(Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377,
13eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848,
14eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09;
1596-607, eff. 8-24-09; 96-1180, eff. 1-1-11; 96-1305, eff.
161-1-11; 96-1344, eff. 7-1-11; revised 9-2-10.)
 
17    Section 95. No acceleration or delay. Where this Act makes
18changes in a statute that is represented in this Act by text
19that is not yet or no longer in effect (for example, a Section
20represented by multiple versions), the use of that text does
21not accelerate or delay the taking effect of (i) the changes
22made by this Act or (ii) provisions derived from any other
23Public Act.