HB4580enr 96TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Sections 6-205 and 6-206 as follows:
 
6     (625 ILCS 5/6-205)  (from Ch. 95 1/2, par. 6-205)
7     Sec. 6-205. Mandatory revocation of license or permit;
8 Hardship cases.
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:
13         1. Reckless homicide resulting from the operation of a
14     motor vehicle;
15         2. Violation of Section 11-501 of this Code or a
16     similar provision of a local ordinance relating to the
17     offense of operating or being in physical control of a
18     vehicle while under the influence of alcohol, other drug or
19     drugs, intoxicating compound or compounds, or any
20     combination thereof;
21         3. Any felony under the laws of any State or the
22     federal government in the commission of which a motor
23     vehicle was used;

 

 

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

 

 

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1     the driver has been previously convicted of a violation of
2     that Section or a similar provision of a local ordinance
3     and the driver was less than 21 years of age at the time of
4     the offense;
5         14. Violation of paragraph (a) of Section 11-506 of
6     this Code or a similar provision of a local ordinance
7     relating to the offense of street racing;
8         15. A second or subsequent conviction of driving while
9     the person's driver's license, permit or privileges was
10     revoked for reckless homicide or a similar out-of-state
11     offense; .
12         16. Any offense against any provision in the Illinois
13     Vehicle Code, or any local ordinance, regulating the
14     movement of traffic, when that offense was the proximate
15     cause of the death of any person. Any person whose driving
16     privileges have been revoked pursuant to this paragraph may
17     seek to have the revocation terminated or to have the
18     length of revocation reduced, by requesting an
19     administrative hearing with the Secretary of State prior to
20     the projected driver's license application eligibility
21     date.
22     (b) The Secretary of State shall also immediately revoke
23 the license or permit of any driver in the following
24 situations:
25         1. Of any minor upon receiving the notice provided for
26     in Section 5-901 of the Juvenile Court Act of 1987 that the

 

 

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

 

 

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1 petitioner's place of employment or within the scope of the
2 petitioner's employment related duties, or to allow the
3 petitioner to transport himself or herself or a family member
4 of the petitioner's household to a medical facility for the
5 receipt of necessary medical care or to allow the petitioner to
6 transport himself or herself to and from alcohol or drug
7 remedial or rehabilitative activity recommended by a licensed
8 service provider, or to allow the petitioner to transport
9 himself or herself or a family member of the petitioner's
10 household to classes, as a student, at an accredited
11 educational institution, or to allow the petitioner to
12 transport children living in the petitioner's household to and
13 from daycare; if the petitioner is able to demonstrate that no
14 alternative means of transportation is reasonably available
15 and that the petitioner will not endanger the public safety or
16 welfare; provided that the Secretary's discretion shall be
17 limited to cases where undue hardship, as defined by the rules
18 of the Secretary of State, would result from a failure to issue
19 the restricted driving permit. Those multiple offenders
20 identified in subdivision (b)4 of Section 6-208 of this Code,
21 however, shall not be eligible for the issuance of a restricted
22 driving permit.
23         (2) If a person's license or permit is revoked or
24     suspended due to 2 or more convictions of violating Section
25     11-501 of this Code or a similar provision of a local
26     ordinance or a similar out-of-state offense, or Section 9-3

 

 

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1     of the Criminal Code of 1961, where the use of alcohol or
2     other drugs is recited as an element of the offense, or a
3     similar out-of-state offense, or a combination of these
4     offenses, arising out of separate occurrences, that
5     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         (3) If:
9             (A) a person's license or permit is revoked or
10         suspended 2 or more times within a 10 year period due
11         to any combination of:
12                 (i) a single conviction of violating Section
13             11-501 of this Code or a similar provision of a
14             local ordinance or a similar out-of-state offense,
15             or Section 9-3 of the Criminal Code of 1961, where
16             the use of alcohol or other drugs is recited as an
17             element of the offense, or a similar out-of-state
18             offense; or
19                 (ii) a statutory summary suspension under
20             Section 11-501.1; or
21                 (iii) a suspension pursuant to Section
22             6-203.1;
23         arising out of separate occurrences; or
24             (B) a person has been convicted of one violation of
25         Section 6-303 of this Code committed while his or her
26         driver's license, permit, or privilege was revoked

 

 

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

 

 

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1     subsequent conviction for a violation of Section 11-501 of
2     this Code or a similar provision of a local ordinance or
3     any similar out-of-state offense, or Section 9-3 of the
4     Criminal Code of 1961, where the use of alcohol or other
5     drugs is recited as an element of the offense, or any
6     similar out-of-state offense, or any combination of these
7     offenses, until the expiration of at least one year from
8     the date of the revocation. A restricted driving permit
9     issued under this Section shall be subject to cancellation,
10     revocation, and suspension by the Secretary of State in
11     like manner and for like cause as a driver's license issued
12     under this Code may be cancelled, revoked, or suspended;
13     except that a conviction upon one or more offenses against
14     laws or ordinances regulating the movement of traffic shall
15     be deemed sufficient cause for the revocation, suspension,
16     or cancellation of a restricted driving permit. The
17     Secretary of State may, as a condition to the issuance of a
18     restricted driving permit, require the petitioner to
19     participate in a designated driver remedial or
20     rehabilitative program. The Secretary of State is
21     authorized to cancel a restricted driving permit if the
22     permit holder does not successfully complete the program.
23     However, if an individual's driving privileges have been
24     revoked in accordance with paragraph 13 of subsection (a)
25     of this Section, no restricted driving permit shall be
26     issued until the individual has served 6 months of the

 

 

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1     revocation period.
2     (c-5) (Blank).
3     (c-6) If a person is convicted of a second violation of
4 operating a motor vehicle while the person's driver's license,
5 permit or privilege was revoked, where the revocation was for a
6 violation of Section 9-3 of the Criminal Code of 1961 relating
7 to the offense of reckless homicide or a similar out-of-state
8 offense, the person's driving privileges shall be revoked
9 pursuant to subdivision (a)(15) of this Section. The person may
10 not make application for a license or permit until the
11 expiration of five years from the effective date of the
12 revocation or the expiration of five years from the date of
13 release from a term of imprisonment, 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 relating to the offense of reckless homicide or a
19 similar out-of-state offense, the person may never apply for a
20 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
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 2 or more convictions of violating Section
15     11-501 of this Code or a similar provision of a local
16     ordinance or a similar out-of-state offense, or Section 9-3
17     of the Criminal Code of 1961, where the use of alcohol or
18     other drugs is recited as an element of the offense, or a
19     similar out-of-state offense, or a combination of these
20     offenses, arising out of separate occurrences, that
21     person, if issued a restricted driving permit, may not
22     operate a vehicle unless it has been equipped with an
23     ignition interlock device as defined in Section 1-129.1.
24         (3) If a person's license or permit is revoked or
25     suspended 2 or more times within a 10 year period due to
26     any combination of:

 

 

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

 

 

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

 

 

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1 this Code.
2     (h) The Secretary of State shall require the use of
3 ignition interlock devices on all vehicles owned by a person
4 who has been convicted of a second or subsequent offense under
5 Section 11-501 of this Code or a similar provision of a local
6 ordinance. The person must pay to the Secretary of State DUI
7 Administration Fund an amount not to exceed $30 for each month
8 that he or she uses the device. The Secretary shall establish
9 by rule and regulation the procedures for certification and use
10 of the interlock system, the amount of the fee, and the
11 procedures, terms, and conditions relating to these fees.
12     (i) (Blank).
13     (j) In accordance with 49 C.F.R. 384, the Secretary of
14 State may not issue a restricted driving permit for the
15 operation of a commercial motor vehicle to a person holding a
16 CDL whose driving privileges have been revoked, suspended,
17 cancelled, or disqualified under any provisions of this Code.
18 (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377,
19 eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848,
20 eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09;
21 96-607, eff. 8-24-09.)
 
22     (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
23     Sec. 6-206. Discretionary authority to suspend or revoke
24 license or permit; Right to a hearing.
25     (a) The Secretary of State is authorized to suspend or

 

 

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1 revoke the driving privileges of any person without preliminary
2 hearing upon a showing of the person's records or other
3 sufficient evidence that the person:
4         1. Has committed an offense for which mandatory
5     revocation of a driver's license or permit is required upon
6     conviction;
7         2. Has been convicted of not less than 3 offenses
8     against traffic regulations governing the movement of
9     vehicles committed within any 12 month period. No
10     revocation or suspension shall be entered more than 6
11     months after the date of last conviction;
12         3. Has been repeatedly involved as a driver in motor
13     vehicle collisions or has been repeatedly convicted of
14     offenses against laws and ordinances regulating the
15     movement of traffic, to a degree that indicates lack of
16     ability to exercise ordinary and reasonable care in the
17     safe operation of a motor vehicle or disrespect for the
18     traffic laws and the safety of other persons upon the
19     highway;
20         4. Has by the unlawful operation of a motor vehicle
21     caused or contributed to an accident resulting in death or
22     injury requiring immediate professional treatment in a
23     medical facility or doctor's office to any person, except
24     that any suspension or revocation imposed by the Secretary
25     of State under the provisions of this subsection shall
26     start no later than 6 months after being convicted of

 

 

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1     violating a law or ordinance regulating the movement of
2     traffic, which violation is related to the accident, or
3     shall start not more than one year after the date of the
4     accident, whichever date occurs later;
5         5. Has permitted an unlawful or fraudulent use of a
6     driver's license, identification card, or permit;
7         6. Has been lawfully convicted of an offense or
8     offenses in another state, including the authorization
9     contained in Section 6-203.1, which if committed within
10     this State would be grounds for suspension or revocation;
11         7. Has refused or failed to submit to an examination
12     provided for by Section 6-207 or has failed to pass the
13     examination;
14         8. Is ineligible for a driver's license or permit under
15     the provisions of Section 6-103;
16         9. Has made a false statement or knowingly concealed a
17     material fact or has used false information or
18     identification in any application for a license,
19     identification card, or permit;
20         10. Has possessed, displayed, or attempted to
21     fraudulently use any license, identification card, or
22     permit not issued to the person;
23         11. Has operated a motor vehicle upon a highway of this
24     State when the person's driving privilege or privilege to
25     obtain a driver's license or permit was revoked or
26     suspended unless the operation was authorized by a

 

 

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1     monitoring device driving permit, judicial driving permit
2     issued prior to January 1, 2009, probationary license to
3     drive, or a restricted driving permit issued under this
4     Code;
5         12. Has submitted to any portion of the application
6     process for another person or has obtained the services of
7     another person to submit to any portion of the application
8     process for the purpose of obtaining a license,
9     identification card, or permit for some other person;
10         13. Has operated a motor vehicle upon a highway of this
11     State when the person's driver's license or permit was
12     invalid under the provisions of Sections 6-107.1 and 6-110;
13         14. Has committed a violation of Section 6-301,
14     6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
15     of the Illinois Identification Card Act;
16         15. Has been convicted of violating Section 21-2 of the
17     Criminal Code of 1961 relating to criminal trespass to
18     vehicles in which case, the suspension shall be for one
19     year;
20         16. Has been convicted of violating Section 11-204 of
21     this Code relating to fleeing from a peace officer;
22         17. Has refused to submit to a test, or tests, as
23     required under Section 11-501.1 of this Code and the person
24     has not sought a hearing as provided for in Section
25     11-501.1;
26         18. Has, since issuance of a driver's license or

 

 

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1     permit, been adjudged to be afflicted with or suffering
2     from any mental disability or disease;
3         19. Has committed a violation of paragraph (a) or (b)
4     of Section 6-101 relating to driving without a driver's
5     license;
6         20. Has been convicted of violating Section 6-104
7     relating to classification of driver's license;
8         21. Has been convicted of violating Section 11-402 of
9     this Code relating to leaving the scene of an accident
10     resulting in damage to a vehicle in excess of $1,000, in
11     which case the suspension shall be for one year;
12         22. Has used a motor vehicle in violating paragraph
13     (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
14     the Criminal Code of 1961 relating to unlawful use of
15     weapons, in which case the suspension shall be for one
16     year;
17         23. Has, as a driver, been convicted of committing a
18     violation of paragraph (a) of Section 11-502 of this Code
19     for a second or subsequent time within one year of a
20     similar violation;
21         24. Has been convicted by a court-martial or punished
22     by non-judicial punishment by military authorities of the
23     United States at a military installation in Illinois of or
24     for a traffic related offense that is the same as or
25     similar to an offense specified under Section 6-205 or
26     6-206 of this Code;

 

 

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1         25. Has permitted any form of identification to be used
2     by another in the application process in order to obtain or
3     attempt to obtain a license, identification card, or
4     permit;
5         26. Has altered or attempted to alter a license or has
6     possessed an altered license, identification card, or
7     permit;
8         27. Has violated Section 6-16 of the Liquor Control Act
9     of 1934;
10         28. Has been convicted of the illegal possession, while
11     operating or in actual physical control, as a driver, of a
12     motor vehicle, of any controlled substance prohibited
13     under the Illinois Controlled Substances Act, any cannabis
14     prohibited under the Cannabis Control Act, or any
15     methamphetamine prohibited under the Methamphetamine
16     Control and Community Protection Act, in which case the
17     person's driving privileges shall be suspended for one
18     year, and any driver who is convicted of a second or
19     subsequent offense, within 5 years of a previous
20     conviction, for the illegal possession, while operating or
21     in actual physical control, as a driver, of a motor
22     vehicle, of any controlled substance prohibited under the
23     Illinois Controlled Substances Act, any cannabis
24     prohibited under the Cannabis Control Act, or any
25     methamphetamine prohibited under the Methamphetamine
26     Control and Community Protection Act shall be suspended for

 

 

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1     5 years. Any defendant found guilty of this offense while
2     operating a motor vehicle, shall have an entry made in the
3     court record by the presiding judge that this offense did
4     occur while the defendant was operating a motor vehicle and
5     order the clerk of the court to report the violation to the
6     Secretary of State;
7         29. Has been convicted of the following offenses that
8     were committed while the person was operating or in actual
9     physical control, as a driver, of a motor vehicle: criminal
10     sexual assault, predatory criminal sexual assault of a
11     child, aggravated criminal sexual assault, criminal sexual
12     abuse, aggravated criminal sexual abuse, juvenile pimping,
13     soliciting for a juvenile prostitute and the manufacture,
14     sale or delivery of controlled substances or instruments
15     used for illegal drug use or abuse in which case the
16     driver's driving privileges shall be suspended for one
17     year;
18         30. Has been convicted a second or subsequent time for
19     any combination of the offenses named in paragraph 29 of
20     this subsection, in which case the person's driving
21     privileges shall be suspended for 5 years;
22         31. Has refused to submit to a test as required by
23     Section 11-501.6 or has submitted to a test resulting in an
24     alcohol concentration of 0.08 or more or any amount of a
25     drug, substance, or compound resulting from the unlawful
26     use or consumption of cannabis as listed in the Cannabis

 

 

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1     Control Act, a controlled substance as listed in the
2     Illinois Controlled Substances Act, an intoxicating
3     compound as listed in the Use of Intoxicating Compounds
4     Act, or methamphetamine as listed in the Methamphetamine
5     Control and Community Protection Act, in which case the
6     penalty shall be as prescribed in Section 6-208.1;
7         32. Has been convicted of Section 24-1.2 of the
8     Criminal Code of 1961 relating to the aggravated discharge
9     of a firearm if the offender was located in a motor vehicle
10     at the time the firearm was discharged, in which case the
11     suspension shall be for 3 years;
12         33. Has as a driver, who was less than 21 years of age
13     on the date of the offense, been convicted a first time of
14     a violation of paragraph (a) of Section 11-502 of this Code
15     or a similar provision of a local ordinance;
16         34. Has committed a violation of Section 11-1301.5 of
17     this Code;
18         35. Has committed a violation of Section 11-1301.6 of
19     this Code;
20         36. Is under the age of 21 years at the time of arrest
21     and has been convicted of not less than 2 offenses against
22     traffic regulations governing the movement of vehicles
23     committed within any 24 month period. No revocation or
24     suspension shall be entered more than 6 months after the
25     date of last conviction;
26         37. Has committed a violation of subsection (c) of

 

 

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1     Section 11-907 of this Code that resulted in damage to the
2     property of another or the death or injury of another;
3         38. Has been convicted of a violation of Section 6-20
4     of the Liquor Control Act of 1934 or a similar provision of
5     a local ordinance;
6         39. Has committed a second or subsequent violation of
7     Section 11-1201 of this Code;
8         40. Has committed a violation of subsection (a-1) of
9     Section 11-908 of this Code;
10         41. Has committed a second or subsequent violation of
11     Section 11-605.1 of this Code within 2 years of the date of
12     the previous violation, in which case the suspension shall
13     be for 90 days;
14         42. Has committed a violation of subsection (a-1) of
15     Section 11-1301.3 of this Code;
16         43. Has received a disposition of court supervision for
17     a violation of subsection (a), (d), or (e) of Section 6-20
18     of the Liquor Control Act of 1934 or a similar provision of
19     a local ordinance, in which case the suspension shall be
20     for a period of 3 months;
21         44. Is under the age of 21 years at the time of arrest
22     and has been convicted of an offense against traffic
23     regulations governing the movement of vehicles after
24     having previously had his or her driving privileges
25     suspended or revoked pursuant to subparagraph 36 of this
26     Section; or

 

 

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1         45. Has, in connection with or during the course of a
2     formal hearing conducted under Section 2-118 of this Code:
3     (i) committed perjury; (ii) submitted fraudulent or
4     falsified documents; (iii) submitted documents that have
5     been materially altered; or (iv) submitted, as his or her
6     own, documents that were in fact prepared or composed for
7     another person.
8     For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
9 and 27 of this subsection, license means any driver's license,
10 any traffic ticket issued when the person's driver's license is
11 deposited in lieu of bail, a suspension notice issued by the
12 Secretary of State, a duplicate or corrected driver's license,
13 a probationary driver's license or a temporary driver's
14 license.
15     (b) If any conviction forming the basis of a suspension or
16 revocation authorized under this Section is appealed, the
17 Secretary of State may rescind or withhold the entry of the
18 order of suspension or revocation, as the case may be, provided
19 that a certified copy of a stay order of a court is filed with
20 the Secretary of State. If the conviction is affirmed on
21 appeal, the date of the conviction shall relate back to the
22 time the original judgment of conviction was entered and the 6
23 month limitation prescribed shall not apply.
24     (c) 1. Upon suspending or revoking the driver's license or
25 permit of any person as authorized in this Section, the
26 Secretary of State shall immediately notify the person in

 

 

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1 writing of the revocation or suspension. The notice to be
2 deposited in the United States mail, postage prepaid, to the
3 last known address of the person.
4         2. If the Secretary of State suspends the driver's
5     license of a person under subsection 2 of paragraph (a) of
6     this Section, a person's privilege to operate a vehicle as
7     an occupation shall not be suspended, provided an affidavit
8     is properly completed, the appropriate fee received, and a
9     permit issued prior to the effective date of the
10     suspension, unless 5 offenses were committed, at least 2 of
11     which occurred while operating a commercial vehicle in
12     connection with the driver's regular occupation. All other
13     driving privileges shall be suspended by the Secretary of
14     State. Any driver prior to operating a vehicle for
15     occupational purposes only must submit the affidavit on
16     forms to be provided by the Secretary of State setting
17     forth the facts of the person's occupation. The affidavit
18     shall also state the number of offenses committed while
19     operating a vehicle in connection with the driver's regular
20     occupation. The affidavit shall be accompanied by the
21     driver's license. Upon receipt of a properly completed
22     affidavit, the Secretary of State shall issue the driver a
23     permit to operate a vehicle in connection with the driver's
24     regular occupation only. Unless the permit is issued by the
25     Secretary of State prior to the date of suspension, the
26     privilege to drive any motor vehicle shall be suspended as

 

 

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1     set forth in the notice that was mailed under this Section.
2     If an affidavit is received subsequent to the effective
3     date of this suspension, a permit may be issued for the
4     remainder of the suspension period.
5         The provisions of this subparagraph shall not apply to
6     any driver required to possess a CDL for the purpose of
7     operating a commercial motor vehicle.
8         Any person who falsely states any fact in the affidavit
9     required herein shall be guilty of perjury under Section
10     6-302 and upon conviction thereof shall have all driving
11     privileges revoked without further rights.
12         3. At the conclusion of a hearing under Section 2-118
13     of this Code, the Secretary of State shall either rescind
14     or continue an order of revocation or shall substitute an
15     order of suspension; or, good cause appearing therefor,
16     rescind, continue, change, or extend the order of
17     suspension. If the Secretary of State does not rescind the
18     order, the Secretary may upon application, to relieve undue
19     hardship (as defined by the rules of the Secretary of
20     State), issue a restricted driving permit granting the
21     privilege of driving a motor vehicle between the
22     petitioner's residence and petitioner's place of
23     employment or within the scope of the petitioner's
24     employment related duties, or to allow the petitioner to
25     transport himself or herself, or a family member of the
26     petitioner's household to a medical facility, to receive

 

 

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1     necessary medical care, to allow the petitioner to
2     transport himself or herself to and from alcohol or drug
3     remedial or rehabilitative activity recommended by a
4     licensed service provider, or to allow the petitioner to
5     transport himself or herself or a family member of the
6     petitioner's household to classes, as a student, at an
7     accredited educational institution, or to allow the
8     petitioner to transport children living in the
9     petitioner's household to and from daycare. The petitioner
10     must demonstrate that no alternative means of
11     transportation is reasonably available and that the
12     petitioner will not endanger the public safety or welfare.
13     Those multiple offenders identified in subdivision (b)4 of
14     Section 6-208 of this Code, however, shall not be eligible
15     for the issuance of a restricted driving permit.
16             (A) If a person's license or permit is revoked or
17         suspended due to 2 or more convictions of violating
18         Section 11-501 of this Code or a similar provision of a
19         local ordinance or a similar out-of-state offense, or
20         Section 9-3 of the Criminal Code of 1961, where the use
21         of alcohol or other drugs is recited as an element of
22         the offense, or a similar out-of-state offense, or a
23         combination of these offenses, arising out of separate
24         occurrences, that person, if issued a restricted
25         driving permit, may not operate a vehicle unless it has
26         been equipped with an ignition interlock device as

 

 

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

 

 

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1         operating a motor vehicle that is not equipped with an
2         ignition interlock device does not apply to the
3         operation of an occupational vehicle owned or leased by
4         that person's employer when used solely for employment
5         purposes.
6             (E) In each case the Secretary may issue a
7         restricted driving permit for a period deemed
8         appropriate, except that all permits shall expire
9         within one year from the date of issuance. The
10         Secretary may not, however, issue a restricted driving
11         permit to any person whose current revocation is the
12         result of a second or subsequent conviction for a
13         violation of Section 11-501 of this Code or a similar
14         provision of a local ordinance or any similar
15         out-of-state offense, or Section 9-3 of the Criminal
16         Code of 1961, where the use of alcohol or other drugs
17         is recited as an element of the offense, or any similar
18         out-of-state offense, or any combination of those
19         offenses, until the expiration of at least one year
20         from the date of the revocation. A restricted driving
21         permit issued under this Section shall be subject to
22         cancellation, revocation, and suspension by the
23         Secretary of State in like manner and for like cause as
24         a driver's license issued under this Code may be
25         cancelled, revoked, or suspended; except that a
26         conviction upon one or more offenses against laws or

 

 

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1         ordinances regulating the movement of traffic shall be
2         deemed sufficient cause for the revocation,
3         suspension, or cancellation of a restricted driving
4         permit. The Secretary of State may, as a condition to
5         the issuance of a restricted driving permit, require
6         the applicant to participate in a designated driver
7         remedial or rehabilitative program. The Secretary of
8         State is authorized to cancel a restricted driving
9         permit if the permit holder does not successfully
10         complete the program.
11     (c-3) In the case of a suspension under paragraph 43 of
12 subsection (a), reports received by the Secretary of State
13 under this Section shall, except during the actual time the
14 suspension is in effect, be privileged information and for use
15 only by the courts, police officers, prosecuting authorities,
16 the driver licensing administrator of any other state, the
17 Secretary of State, or the parent or legal guardian of a driver
18 under the age of 18. However, beginning January 1, 2008, if the
19 person is a CDL holder, the suspension shall also be made
20 available to the driver licensing administrator of any other
21 state, the U.S. Department of Transportation, and the affected
22 driver or motor carrier or prospective motor carrier upon
23 request.
24     (c-4) In the case of a suspension under paragraph 43 of
25 subsection (a), the Secretary of State shall notify the person
26 by mail that his or her driving privileges and driver's license

 

 

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1 will be suspended one month after the date of the mailing of
2 the notice.
3     (c-5) The Secretary of State may, as a condition of the
4 reissuance of a driver's license or permit to an applicant
5 whose driver's license or permit has been suspended before he
6 or she reached the age of 21 years pursuant to any of the
7 provisions of this Section, require the applicant to
8 participate in a driver remedial education course and be
9 retested under Section 6-109 of this Code.
10     (d) This Section is subject to the provisions of the
11 Drivers License Compact.
12     (e) The Secretary of State shall not issue a restricted
13 driving permit to a person under the age of 16 years whose
14 driving privileges have been suspended or revoked under any
15 provisions of this Code.
16     (f) In accordance with 49 C.F.R. 384, the Secretary of
17 State may not issue a restricted driving permit for the
18 operation of a commercial motor vehicle to a person holding a
19 CDL whose driving privileges have been suspended, revoked,
20 cancelled, or disqualified under any provisions of this Code.
21 (Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
22 eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
23 eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
24 eff. 8-11-09; 96-607, eff. 8-24-09.)