Illinois General Assembly - Full Text of HB4206
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Full Text of HB4206  98th General Assembly

HB4206 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4206

 

Introduced , by Rep. Elaine Nekritz

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-205
625 ILCS 5/6-206
625 ILCS 5/6-208  from Ch. 95 1/2, par. 6-208
625 ILCS 5/6-303  from Ch. 95 1/2, par. 6-303

    Amends the Illinois Vehicle Code. Provides that certain persons ineligible to re-apply for a license may instead apply for a restricted driving permit after the expiration of 5 years from the effective date of the most recent revocation, provided the person proves by clear and convincing evidence a minimum 3 years of uninterrupted sobriety from alcohol and other drugs and the successful completion of all rehabilitative activity recommended by a properly licensed service provider. Provides that the Secretary of State shall cancel a restricted driving permit issued under the conditions if the holder fails to comply with ignition interlock device requirements and that the person shall be ineligible to re-apply for restricted driving privileges. Provides that a bona fide resident of a foreign jurisdiction who would be eligible for a restricted driving permit under the new provisions if the person were a resident of Illinois may make application for termination of the revocation after a period of 10 years from the effective date of the most recent revocation. Provides that if a person who has been granted a termination of revocation subsequently becomes a resident, the revocation shall be reinstated and the person shall be subject to the provisions concerning the issuance of a restricted driving permit.


LRB098 15145 MLW 50121 b

 

 

A BILL FOR

 

HB4206LRB098 15145 MLW 50121 b

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
5Sections 6-205, 6-206, 6-208, and 6-303 as follows:
 
6    (625 ILCS 5/6-205)
7    Sec. 6-205. Mandatory revocation of license or permit;
8Hardship cases.
9    (a) Except as provided in this Section, the Secretary of
10State shall immediately revoke the license, permit, or driving
11privileges of any driver upon receiving a report of the
12driver'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 or the Criminal Code of 2012 arising from the use of a
18    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 Code, or
14    any local ordinance, regulating the movement of traffic
15    when that offense was the proximate cause of the death of
16    any person. Any person whose driving privileges have been
17    revoked pursuant to this paragraph may seek to have the
18    revocation terminated or to have the length of revocation
19    reduced by requesting an administrative hearing with the
20    Secretary of State prior to the projected driver's license
21    application eligibility date;
22        17. Violation of subsection (a-2) of Section 11-1301.3
23    of this Code or a similar provision of a local ordinance;
24        18. A second or subsequent conviction of illegal
25    possession, while operating or in actual physical control,
26    as a driver, of a motor vehicle, of any controlled

 

 

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1    substance prohibited under the Illinois Controlled
2    Substances Act, any cannabis prohibited under the Cannabis
3    Control Act, or any methamphetamine prohibited under the
4    Methamphetamine Control and Community Protection Act. A
5    defendant found guilty of this offense while operating a
6    motor vehicle shall have an entry made in the court record
7    by the presiding judge that this offense did occur while
8    the defendant was operating a motor vehicle and order the
9    clerk of the court to report the violation to the Secretary
10    of State.
11    (b) The Secretary of State shall also immediately revoke
12the license or permit of any driver in the following
13situations:
14        1. Of any minor upon receiving the notice provided for
15    in Section 5-901 of the Juvenile Court Act of 1987 that the
16    minor has been adjudicated under that Act as having
17    committed an offense relating to motor vehicles prescribed
18    in Section 4-103 of this Code;
19        2. Of any person when any other law of this State
20    requires either the revocation or suspension of a license
21    or permit;
22        3. Of any person adjudicated under the Juvenile Court
23    Act of 1987 based on an offense determined to have been
24    committed in furtherance of the criminal activities of an
25    organized gang as provided in Section 5-710 of that Act,
26    and that involved the operation or use of a motor vehicle

 

 

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

 

 

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1do not hold driving privileges and are living in the
2petitioner's household to and from daycare; if the petitioner
3is able to demonstrate that no alternative means of
4transportation is reasonably available and that the petitioner
5will not endanger the public safety or welfare; provided that
6the Secretary's discretion shall be limited to cases where
7undue hardship, as defined by the rules of the Secretary of
8State, would result from a failure to issue the restricted
9driving permit. Those multiple offenders identified in
10subdivision (b)4 of Section 6-208 of this Code, however, shall
11not be eligible for the issuance of a restricted driving
12permit.
13        (1.5) If a person is convicted of a combination of 4 or
14    more offenses which include a violation of Section 11-501
15    of this Code or a similar provision of a local ordinance,
16    Section 11-401 of this Code, or Section 9-3 of the Criminal
17    Code of 1961 or the Criminal Code of 2012, or a combination
18    of violations of similar provisions of local ordinances,
19    similar out-of-state offenses, or similar offenses
20    committed on a military installation, the person may make
21    application for a restricted driving permit, at a formal
22    hearing conducted under Section 2-118 of this Code, after
23    the expiration of 5 years from the effective date of the
24    most recent revocation or after the expiration of 5 years
25    from the date of release from a period of imprisonment
26    resulting from a conviction of the most recent offense,

 

 

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1    whichever is later, provided the person, in addition to all
2    other requirements of the Secretary, shows by clear and
3    convincing evidence:
4            (A) a minimum 3 years of uninterrupted abstinence
5        from alcohol, other drug or drugs, intoxicating
6        compound or compounds, or any combination thereof
7        immediately prior to submitting the application; and
8            (B) the successful completion of all
9        rehabilitative activity recommended by a properly
10        licensed service provider, pursuant to an assessment
11        of the person's alcohol or drug use.
12        In determining whether an applicant is eligible for a
13    restricted driving permit under this paragraph (1.5), the
14    Secretary may consider any relevant evidence, including
15    but not limited to testimony, affidavits, records, and the
16    results of regular alcohol or drug tests.
17        A restricted driving permit issued under this
18    paragraph (1.5) shall provide that the holder may only
19    operate vehicles equipped with an ignition interlock
20    device. The Secretary may cancel a restricted driving
21    permit or amend the conditions of a restricted driving
22    permit issued under this paragraph (1.5) if the holder
23    operates a vehicle that is not equipped with an ignition
24    interlock device, or for any other reason authorized under
25    this Code.
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 or the Criminal Code of 2012,
5    where the use of alcohol or other drugs is recited as an
6    element of the offense, or a similar out-of-state offense,
7    or a combination of these offenses, arising out of separate
8    occurrences, that person, if issued a restricted driving
9    permit, may not operate a vehicle unless it has been
10    equipped with an ignition interlock device as defined in
11    Section 1-129.1.
12        (3) If:
13            (A) a person's license or permit is revoked or
14        suspended 2 or more times within a 10 year period due
15        to any combination of:
16                (i) a single conviction of violating Section
17            11-501 of this Code or a similar provision of a
18            local ordinance or a similar out-of-state offense,
19            or Section 9-3 of the Criminal Code of 1961 or the
20            Criminal Code of 2012, where the use of alcohol or
21            other drugs is recited as an element of the
22            offense, or a similar out-of-state offense; or
23                (ii) a statutory summary suspension or
24            revocation under Section 11-501.1; or
25                (iii) a suspension pursuant to Section
26            6-203.1;

 

 

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1        arising out of separate occurrences; or
2            (B) a person has been convicted of one violation of
3        Section 6-303 of this Code committed while his or her
4        driver's license, permit, or privilege was revoked
5        because of a violation of Section 9-3 of the Criminal
6        Code of 1961 or the Criminal Code of 2012, relating to
7        the offense of reckless homicide where the use of
8        alcohol or other drugs was recited as an element of the
9        offense, or a similar provision of a law of another
10        state;
11    that person, if issued a restricted driving permit, may not
12    operate a vehicle unless it has been equipped with an
13    ignition interlock device as defined in Section 1-129.1.
14        (4) The person issued a permit conditioned on the use
15    of an ignition interlock device must pay to the Secretary
16    of State DUI Administration Fund an amount not to exceed
17    $30 per month. The Secretary shall establish by rule the
18    amount and the procedures, terms, and conditions relating
19    to these fees.
20        (5) If the restricted driving permit is issued for
21    employment purposes, then the prohibition against
22    operating a motor vehicle that is not equipped with an
23    ignition interlock device does not apply to the operation
24    of an occupational vehicle owned or leased by that person's
25    employer when used solely for employment purposes.
26        (6) In each case the Secretary of State may issue a

 

 

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1    restricted driving permit for a period he deems
2    appropriate, except that the permit shall expire within one
3    year from the date of issuance. The Secretary may not,
4    however, issue a restricted driving permit to any person
5    whose current revocation is the result of a second or
6    subsequent conviction for a violation of Section 11-501 of
7    this Code or a similar provision of a local ordinance or
8    any similar out-of-state offense, or Section 9-3 of the
9    Criminal Code of 1961 or the Criminal Code of 2012, where
10    the use of alcohol or other drugs is recited as an element
11    of the offense, or any similar out-of-state offense, or any
12    combination of these offenses, until the expiration of at
13    least one year from the date of the revocation. A
14    restricted driving permit issued under this Section shall
15    be subject to cancellation, revocation, and suspension by
16    the Secretary of State in like manner and for like cause as
17    a driver's license issued under this Code may be cancelled,
18    revoked, or suspended; except that a conviction upon one or
19    more offenses against laws or ordinances regulating the
20    movement of traffic shall be deemed sufficient cause for
21    the revocation, suspension, or cancellation of a
22    restricted driving permit. The Secretary of State may, as a
23    condition to the issuance of a restricted driving permit,
24    require the petitioner to participate in a designated
25    driver remedial or rehabilitative program. The Secretary
26    of State is authorized to cancel a restricted driving

 

 

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1    permit if the permit holder does not successfully complete
2    the program. However, if an individual's driving
3    privileges have been revoked in accordance with paragraph
4    13 of subsection (a) of this Section, no restricted driving
5    permit shall be issued until the individual has served 6
6    months of the revocation period.
7    (c-5) (Blank).
8    (c-6) If a person is convicted of a second violation of
9operating a motor vehicle while the person's driver's license,
10permit or privilege was revoked, where the revocation was for a
11violation of Section 9-3 of the Criminal Code of 1961 or the
12Criminal Code of 2012 relating to the offense of reckless
13homicide or a similar out-of-state offense, the person's
14driving privileges shall be revoked pursuant to subdivision
15(a)(15) of this Section. The person may not make application
16for a license or permit until the expiration of five years from
17the effective date of the revocation or the expiration of five
18years from the date of release from a term of imprisonment,
19whichever is later.
20    (c-7) If a person is convicted of a third or subsequent
21violation of operating a motor vehicle while the person's
22driver's license, permit or privilege was revoked, where the
23revocation was for a violation of Section 9-3 of the Criminal
24Code of 1961 or the Criminal Code of 2012 relating to the
25offense of reckless homicide or a similar out-of-state offense,
26the person may never apply for a license or permit.

 

 

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1    (d)(1) Whenever a person under the age of 21 is convicted
2under Section 11-501 of this Code or a similar provision of a
3local ordinance or a similar out-of-state offense, the
4Secretary of State shall revoke the driving privileges of that
5person. One year after the date of revocation, and upon
6application, the Secretary of State may, if satisfied that the
7person applying will not endanger the public safety or welfare,
8issue a restricted driving permit granting the privilege of
9driving a motor vehicle only between the hours of 5 a.m. and 9
10p.m. or as otherwise provided by this Section for a period of
11one year. After this one year period, and upon reapplication
12for a license as provided in Section 6-106, upon payment of the
13appropriate reinstatement fee provided under paragraph (b) of
14Section 6-118, the Secretary of State, in his discretion, may
15reinstate the petitioner's driver's license and driving
16privileges, or extend the restricted driving permit as many
17times as the Secretary of State deems appropriate, by
18additional periods of not more than 12 months each.
19        (2) If a person's license or permit is revoked or
20    suspended due to 2 or more convictions of violating Section
21    11-501 of this Code or a similar provision of a local
22    ordinance or a similar out-of-state offense, or Section 9-3
23    of the Criminal Code of 1961 or the Criminal Code of 2012,
24    where the use of alcohol or other drugs is recited as an
25    element of the offense, or a similar out-of-state offense,
26    or a combination of these offenses, arising out of separate

 

 

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1    occurrences, that person, if issued a restricted driving
2    permit, may not operate a vehicle unless it has been
3    equipped with an ignition interlock device as defined in
4    Section 1-129.1.
5        (3) If a person's license or permit is revoked or
6    suspended 2 or more times within a 10 year period due to
7    any combination of:
8            (A) a single conviction 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
11        Section 9-3 of the Criminal Code of 1961 or the
12        Criminal Code of 2012, where the use of alcohol or
13        other drugs is recited as an element of the offense, or
14        a similar out-of-state offense; or
15            (B) a statutory summary suspension or revocation
16        under Section 11-501.1; or
17            (C) a suspension pursuant to Section 6-203.1;
18    arising out of separate occurrences, that person, if issued
19    a restricted driving permit, may not operate a vehicle
20    unless it has been equipped with an ignition interlock
21    device as defined in Section 1-129.1.
22        (4) The person issued a permit conditioned upon the use
23    of an interlock device must pay to the Secretary of State
24    DUI Administration Fund an amount not to exceed $30 per
25    month. The Secretary shall establish by rule the amount and
26    the procedures, terms, and conditions relating to these

 

 

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1    fees.
2        (5) If the restricted driving permit is issued for
3    employment purposes, then the prohibition against driving
4    a vehicle that is not equipped with an ignition interlock
5    device does not apply to the operation of an occupational
6    vehicle owned or leased by that person's employer when used
7    solely for employment purposes.
8        (6) A restricted driving permit issued under this
9    Section shall be subject to cancellation, revocation, and
10    suspension by the Secretary of State in like manner and for
11    like cause as a driver's license issued under this Code may
12    be cancelled, revoked, or suspended; except that a
13    conviction upon one or more offenses against laws or
14    ordinances regulating the movement of traffic shall be
15    deemed sufficient cause for the revocation, suspension, or
16    cancellation of a restricted driving permit.
17    (d-5) The revocation of the license, permit, or driving
18privileges of a person convicted of a third or subsequent
19violation of Section 6-303 of this Code committed while his or
20her driver's license, permit, or privilege was revoked because
21of a violation of Section 9-3 of the Criminal Code of 1961 or
22the Criminal Code of 2012, relating to the offense of reckless
23homicide, or a similar provision of a law of another state, is
24permanent. The Secretary may not, at any time, issue a license
25or permit to that person.
26    (e) This Section is subject to the provisions of the Driver

 

 

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1License Compact.
2    (f) Any revocation imposed upon any person under
3subsections 2 and 3 of paragraph (b) that is in effect on
4December 31, 1988 shall be converted to a suspension for a like
5period of time.
6    (g) The Secretary of State shall not issue a restricted
7driving permit to a person under the age of 16 years whose
8driving privileges have been revoked under any provisions of
9this Code.
10    (h) The Secretary of State shall require the use of
11ignition interlock devices on all vehicles owned by a person
12who has been convicted of a second or subsequent offense under
13Section 11-501 of this Code or a similar provision of a local
14ordinance. The person must pay to the Secretary of State DUI
15Administration Fund an amount not to exceed $30 for each month
16that he or she uses the device. The Secretary shall establish
17by rule and regulation the procedures for certification and use
18of the interlock system, the amount of the fee, and the
19procedures, terms, and conditions relating to these fees.
20    (i) (Blank).
21    (j) In accordance with 49 C.F.R. 384, the Secretary of
22State may not issue a restricted driving permit for the
23operation of a commercial motor vehicle to a person holding a
24CDL whose driving privileges have been revoked, suspended,
25cancelled, or disqualified under any provisions of this Code.
26(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;

 

 

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196-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
27-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
31-1-13; 97-1150, eff. 1-25-13.)
 
4    (625 ILCS 5/6-206)
5    Sec. 6-206. Discretionary authority to suspend or revoke
6license or permit; Right to a hearing.
7    (a) The Secretary of State is authorized to suspend or
8revoke the driving privileges of any person without preliminary
9hearing upon a showing of the person's records or other
10sufficient evidence that the person:
11        1. Has committed an offense for which mandatory
12    revocation of a driver's license or permit is required upon
13    conviction;
14        2. Has been convicted of not less than 3 offenses
15    against traffic regulations governing the movement of
16    vehicles committed within any 12 month period. No
17    revocation or suspension shall be entered more than 6
18    months after the date of last conviction;
19        3. Has been repeatedly involved as a driver in motor
20    vehicle collisions or has been repeatedly convicted of
21    offenses against laws and ordinances regulating the
22    movement of traffic, to a degree that indicates lack of
23    ability to exercise ordinary and reasonable care in the
24    safe operation of a motor vehicle or disrespect for the
25    traffic laws and the safety of other persons upon the

 

 

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1    highway;
2        4. Has by the unlawful operation of a motor vehicle
3    caused or contributed to an accident resulting in injury
4    requiring immediate professional treatment in a medical
5    facility or doctor's office to any person, except that any
6    suspension or revocation imposed by the Secretary of State
7    under the provisions of this subsection shall start no
8    later than 6 months after being convicted of violating a
9    law or ordinance regulating the movement of traffic, which
10    violation is related to the accident, or shall start not
11    more than one year after the date of the accident,
12    whichever date occurs later;
13        5. Has permitted an unlawful or fraudulent use of a
14    driver's license, identification card, or permit;
15        6. Has been lawfully convicted of an offense or
16    offenses in another state, including the authorization
17    contained in Section 6-203.1, which if committed within
18    this State would be grounds for suspension or revocation;
19        7. Has refused or failed to submit to an examination
20    provided for by Section 6-207 or has failed to pass the
21    examination;
22        8. Is ineligible for a driver's license or permit under
23    the provisions of Section 6-103;
24        9. Has made a false statement or knowingly concealed a
25    material fact or has used false information or
26    identification in any application for a license,

 

 

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1    identification card, or permit;
2        10. Has possessed, displayed, or attempted to
3    fraudulently use any license, identification card, or
4    permit not issued to the person;
5        11. Has operated a motor vehicle upon a highway of this
6    State when the person's driving privilege or privilege to
7    obtain a driver's license or permit was revoked or
8    suspended unless the operation was authorized by a
9    monitoring device driving permit, judicial driving permit
10    issued prior to January 1, 2009, probationary license to
11    drive, or a restricted driving permit issued under this
12    Code;
13        12. Has submitted to any portion of the application
14    process for another person or has obtained the services of
15    another person to submit to any portion of the application
16    process for the purpose of obtaining a license,
17    identification card, or permit for some other person;
18        13. Has operated a motor vehicle upon a highway of this
19    State when the person's driver's license or permit was
20    invalid under the provisions of Sections 6-107.1 and 6-110;
21        14. Has committed a violation of Section 6-301,
22    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
23    of the Illinois Identification Card Act;
24        15. Has been convicted of violating Section 21-2 of the
25    Criminal Code of 1961 or the Criminal Code of 2012 relating
26    to criminal trespass to vehicles in which case, the

 

 

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1    suspension shall be for one year;
2        16. Has been convicted of violating Section 11-204 of
3    this Code relating to fleeing from a peace officer;
4        17. Has refused to submit to a test, or tests, as
5    required under Section 11-501.1 of this Code and the person
6    has not sought a hearing as provided for in Section
7    11-501.1;
8        18. Has, since issuance of a driver's license or
9    permit, been adjudged to be afflicted with or suffering
10    from any mental disability or disease;
11        19. Has committed a violation of paragraph (a) or (b)
12    of Section 6-101 relating to driving without a driver's
13    license;
14        20. Has been convicted of violating Section 6-104
15    relating to classification of driver's license;
16        21. Has been convicted of violating Section 11-402 of
17    this Code relating to leaving the scene of an accident
18    resulting in damage to a vehicle in excess of $1,000, in
19    which case the suspension shall be for one year;
20        22. Has used a motor vehicle in violating paragraph
21    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
22    the Criminal Code of 1961 or the Criminal Code of 2012
23    relating to unlawful use of weapons, in which case the
24    suspension shall be for one year;
25        23. Has, as a driver, been convicted of committing a
26    violation of paragraph (a) of Section 11-502 of this Code

 

 

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1    for a second or subsequent time within one year of a
2    similar violation;
3        24. Has been convicted by a court-martial or punished
4    by non-judicial punishment by military authorities of the
5    United States at a military installation in Illinois of or
6    for a traffic related offense that is the same as or
7    similar to an offense specified under Section 6-205 or
8    6-206 of this Code;
9        25. Has permitted any form of identification to be used
10    by another in the application process in order to obtain or
11    attempt to obtain a license, identification card, or
12    permit;
13        26. Has altered or attempted to alter a license or has
14    possessed an altered license, identification card, or
15    permit;
16        27. Has violated Section 6-16 of the Liquor Control Act
17    of 1934;
18        28. Has been convicted for a first time of the illegal
19    possession, while operating or in actual physical control,
20    as a driver, of a motor vehicle, of any controlled
21    substance prohibited under the Illinois Controlled
22    Substances Act, any cannabis prohibited under the Cannabis
23    Control Act, or any methamphetamine prohibited under the
24    Methamphetamine Control and Community Protection Act, in
25    which case the person's driving privileges shall be
26    suspended for one year. Any defendant found guilty of this

 

 

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1    offense while operating a motor vehicle, shall have an
2    entry made in the court record by the presiding judge that
3    this offense did occur while the defendant was operating a
4    motor vehicle and order the clerk of the court to report
5    the violation to the Secretary of State;
6        29. Has been convicted of the following offenses that
7    were committed while the person was operating or in actual
8    physical control, as a driver, of a motor vehicle: criminal
9    sexual assault, predatory criminal sexual assault of a
10    child, aggravated criminal sexual assault, criminal sexual
11    abuse, aggravated criminal sexual abuse, juvenile pimping,
12    soliciting for a juvenile prostitute, promoting juvenile
13    prostitution as described in subdivision (a)(1), (a)(2),
14    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
15    or the Criminal Code of 2012, and the manufacture, sale or
16    delivery of controlled substances or instruments used for
17    illegal drug use or abuse in which case the driver's
18    driving privileges shall be suspended for one year;
19        30. Has been convicted a second or subsequent time for
20    any combination of the offenses named in paragraph 29 of
21    this subsection, in which case the person's driving
22    privileges shall be suspended for 5 years;
23        31. Has refused to submit to a test as required by
24    Section 11-501.6 of this Code or Section 5-16c of the Boat
25    Registration and Safety Act or has submitted to a test
26    resulting in an alcohol concentration of 0.08 or more or

 

 

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1    any amount of a drug, substance, or compound resulting from
2    the unlawful use or consumption of cannabis as listed in
3    the Cannabis Control Act, a controlled substance as listed
4    in the Illinois Controlled Substances Act, an intoxicating
5    compound as listed in the Use of Intoxicating Compounds
6    Act, or methamphetamine as listed in the Methamphetamine
7    Control and Community Protection Act, in which case the
8    penalty shall be as prescribed in Section 6-208.1;
9        32. Has been convicted of Section 24-1.2 of the
10    Criminal Code of 1961 or the Criminal Code of 2012 relating
11    to the aggravated discharge of a firearm if the offender
12    was located in a motor vehicle at the time the firearm was
13    discharged, in which case the suspension shall be for 3
14    years;
15        33. Has as a driver, who was less than 21 years of age
16    on the date of the offense, been convicted a first time of
17    a violation of paragraph (a) of Section 11-502 of this Code
18    or a similar provision of a local ordinance;
19        34. Has committed a violation of Section 11-1301.5 of
20    this Code or a similar provision of a local ordinance;
21        35. Has committed a violation of Section 11-1301.6 of
22    this Code or a similar provision of a local ordinance;
23        36. Is under the age of 21 years at the time of arrest
24    and has been convicted of not less than 2 offenses against
25    traffic regulations governing the movement of vehicles
26    committed within any 24 month period. No revocation or

 

 

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1    suspension shall be entered more than 6 months after the
2    date of last conviction;
3        37. Has committed a violation of subsection (c) of
4    Section 11-907 of this Code that resulted in damage to the
5    property of another or the death or injury of another;
6        38. Has been convicted of a violation of Section 6-20
7    of the Liquor Control Act of 1934 or a similar provision of
8    a local ordinance;
9        39. Has committed a second or subsequent violation of
10    Section 11-1201 of this Code;
11        40. Has committed a violation of subsection (a-1) of
12    Section 11-908 of this Code;
13        41. Has committed a second or subsequent violation of
14    Section 11-605.1 of this Code, a similar provision of a
15    local ordinance, or a similar violation in any other state
16    within 2 years of the date of the previous violation, in
17    which case the suspension shall be for 90 days;
18        42. Has committed a violation of subsection (a-1) of
19    Section 11-1301.3 of this Code or a similar provision of a
20    local ordinance;
21        43. Has received a disposition of court supervision for
22    a violation of subsection (a), (d), or (e) of Section 6-20
23    of the Liquor Control Act of 1934 or a similar provision of
24    a local ordinance, in which case the suspension shall be
25    for a period of 3 months;
26        44. Is under the age of 21 years at the time of arrest

 

 

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1    and has been convicted of an offense against traffic
2    regulations governing the movement of vehicles after
3    having previously had his or her driving privileges
4    suspended or revoked pursuant to subparagraph 36 of this
5    Section;
6        45. Has, in connection with or during the course of a
7    formal hearing conducted under Section 2-118 of this Code:
8    (i) committed perjury; (ii) submitted fraudulent or
9    falsified documents; (iii) submitted documents that have
10    been materially altered; or (iv) submitted, as his or her
11    own, documents that were in fact prepared or composed for
12    another person;
13        46. Has committed a violation of subsection (j) of
14    Section 3-413 of this Code; or
15        47. Has committed a violation of Section 11-502.1 of
16    this Code.
17    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
18and 27 of this subsection, license means any driver's license,
19any traffic ticket issued when the person's driver's license is
20deposited in lieu of bail, a suspension notice issued by the
21Secretary of State, a duplicate or corrected driver's license,
22a probationary driver's license or a temporary driver's
23license.
24    (b) If any conviction forming the basis of a suspension or
25revocation authorized under this Section is appealed, the
26Secretary of State may rescind or withhold the entry of the

 

 

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1order of suspension or revocation, as the case may be, provided
2that a certified copy of a stay order of a court is filed with
3the Secretary of State. If the conviction is affirmed on
4appeal, the date of the conviction shall relate back to the
5time the original judgment of conviction was entered and the 6
6month limitation prescribed shall not apply.
7    (c) 1. Upon suspending or revoking the driver's license or
8permit of any person as authorized in this Section, the
9Secretary of State shall immediately notify the person in
10writing of the revocation or suspension. The notice to be
11deposited in the United States mail, postage prepaid, to the
12last known address of the person.
13        2. If the Secretary of State suspends the driver's
14    license of a person under subsection 2 of paragraph (a) of
15    this Section, a person's privilege to operate a vehicle as
16    an occupation shall not be suspended, provided an affidavit
17    is properly completed, the appropriate fee received, and a
18    permit issued prior to the effective date of the
19    suspension, unless 5 offenses were committed, at least 2 of
20    which occurred while operating a commercial vehicle in
21    connection with the driver's regular occupation. All other
22    driving privileges shall be suspended by the Secretary of
23    State. Any driver prior to operating a vehicle for
24    occupational purposes only must submit the affidavit on
25    forms to be provided by the Secretary of State setting
26    forth the facts of the person's occupation. The affidavit

 

 

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1    shall also state the number of offenses committed while
2    operating a vehicle in connection with the driver's regular
3    occupation. The affidavit shall be accompanied by the
4    driver's license. Upon receipt of a properly completed
5    affidavit, the Secretary of State shall issue the driver a
6    permit to operate a vehicle in connection with the driver's
7    regular occupation only. Unless the permit is issued by the
8    Secretary of State prior to the date of suspension, the
9    privilege to drive any motor vehicle shall be suspended as
10    set forth in the notice that was mailed under this Section.
11    If an affidavit is received subsequent to the effective
12    date of this suspension, a permit may be issued for the
13    remainder of the suspension period.
14        The provisions of this subparagraph shall not apply to
15    any driver required to possess a CDL for the purpose of
16    operating a commercial motor vehicle.
17        Any person who falsely states any fact in the affidavit
18    required herein shall be guilty of perjury under Section
19    6-302 and upon conviction thereof shall have all driving
20    privileges revoked without further rights.
21        3. At the conclusion of a hearing under Section 2-118
22    of this Code, the Secretary of State shall either rescind
23    or continue an order of revocation or shall substitute an
24    order of suspension; or, good cause appearing therefor,
25    rescind, continue, change, or extend the order of
26    suspension. If the Secretary of State does not rescind the

 

 

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

 

 

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1        suspended due to 2 or more convictions of violating
2        Section 11-501 of this Code or a similar provision of a
3        local ordinance or a similar out-of-state offense, or
4        Section 9-3 of the Criminal Code of 1961 or the
5        Criminal Code of 2012, where the use of alcohol or
6        other drugs is recited as an element of the offense, or
7        a similar out-of-state offense, or a combination of
8        these offenses, arising out of separate occurrences,
9        that person, if issued a restricted driving permit, may
10        not operate a vehicle unless it has been equipped with
11        an ignition interlock device as defined in Section
12        1-129.1.
13            (B) If a person's license or permit is revoked or
14        suspended 2 or more times within a 10 year period due
15        to any combination of:
16                (i) a single conviction of violating Section
17            11-501 of this Code or a similar provision of a
18            local ordinance or a similar out-of-state offense
19            or Section 9-3 of the Criminal Code of 1961 or the
20            Criminal Code of 2012, where the use of alcohol or
21            other drugs is recited as an element of the
22            offense, or a similar out-of-state offense; or
23                (ii) a statutory summary suspension or
24            revocation under Section 11-501.1; or
25                (iii) a suspension under Section 6-203.1;
26        arising out of separate occurrences; that person, if

 

 

HB4206- 29 -LRB098 15145 MLW 50121 b

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

 

 

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1        Code of 1961 or the Criminal Code of 2012, where the
2        use of alcohol or other drugs is recited as an element
3        of the offense, or any similar out-of-state offense, or
4        any combination of those offenses, until the
5        expiration of at least one year from the date of the
6        revocation. A restricted driving permit issued under
7        this Section shall be subject to cancellation,
8        revocation, and suspension by the Secretary of State in
9        like manner and for like cause as a driver's license
10        issued under this Code may be cancelled, revoked, or
11        suspended; except that a conviction upon one or more
12        offenses against laws or ordinances regulating the
13        movement of traffic shall be deemed sufficient cause
14        for the revocation, suspension, or cancellation of a
15        restricted driving permit. The Secretary of State may,
16        as a condition to the issuance of a restricted driving
17        permit, require the applicant to participate in a
18        designated driver remedial or rehabilitative program.
19        The Secretary of State is authorized to cancel a
20        restricted driving permit if the permit holder does not
21        successfully complete the program.
22            (F) If a person is convicted of a combination of 4
23        or more offenses which include a violation of Section
24        11-501 of this Code or a similar provision of a local
25        ordinance, Section 11-401 of this Code, or Section 9-3
26        of the Criminal Code of 1961 or the Criminal Code of

 

 

HB4206- 31 -LRB098 15145 MLW 50121 b

1        2012, or a combination of violations of similar
2        provisions of local ordinances, similar out-of-state
3        offenses, or similar offenses committed on a military
4        installation, the person may make application for a
5        restricted driving permit, at a formal hearing
6        conducted under Section 2-118 of this Code, after the
7        expiration of 5 years from the effective date of the
8        most recent revocation or after the expiration of 5
9        years from the date of release from a period of
10        imprisonment resulting from a conviction of the most
11        recent offense, whichever is later, provided the
12        person, in addition to all other requirements of the
13        Secretary, shows by clear and convincing evidence:
14                (i) a minimum 3 years of uninterrupted
15            abstinence from alcohol, other drug or drugs,
16            intoxicating compound or compounds, or any
17            combination thereof immediately prior to
18            submitting the application; and
19                (ii) the successful completion of all
20            rehabilitative activity recommended by a properly
21            licensed service provider, pursuant to an
22            assessment of the person's alcohol or drug use.
23            In determining whether an applicant is eligible
24        for a restricted driving permit under this
25        subparagraph (F), the Secretary may consider any
26        relevant evidence, including but not limited to

 

 

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1        testimony, affidavits, records, and the results of
2        regular alcohol or drug tests.
3            A restricted driving permit issued under this
4        subparagraph (F) shall provide that the holder may only
5        operate vehicles equipped with an ignition interlock
6        device. The Secretary may cancel a restricted driving
7        permit or amend the conditions of a restricted driving
8        permit issued under this subparagraph (F) if the holder
9        operates a vehicle that is not equipped with an
10        ignition interlock device, or for any other reason
11        authorized under this Code.
12    (c-3) In the case of a suspension under paragraph 43 of
13subsection (a), reports received by the Secretary of State
14under this Section shall, except during the actual time the
15suspension is in effect, be privileged information and for use
16only by the courts, police officers, prosecuting authorities,
17the driver licensing administrator of any other state, the
18Secretary of State, or the parent or legal guardian of a driver
19under the age of 18. However, beginning January 1, 2008, if the
20person is a CDL holder, the suspension shall also be made
21available to the driver licensing administrator of any other
22state, the U.S. Department of Transportation, and the affected
23driver or motor carrier or prospective motor carrier upon
24request.
25    (c-4) In the case of a suspension under paragraph 43 of
26subsection (a), the Secretary of State shall notify the person

 

 

HB4206- 33 -LRB098 15145 MLW 50121 b

1by mail that his or her driving privileges and driver's license
2will be suspended one month after the date of the mailing of
3the notice.
4    (c-5) The Secretary of State may, as a condition of the
5reissuance of a driver's license or permit to an applicant
6whose driver's license or permit has been suspended before he
7or she reached the age of 21 years pursuant to any of the
8provisions of this Section, require the applicant to
9participate in a driver remedial education course and be
10retested under Section 6-109 of this Code.
11    (d) This Section is subject to the provisions of the
12Drivers License Compact.
13    (e) The Secretary of State shall not issue a restricted
14driving permit to a person under the age of 16 years whose
15driving privileges have been suspended or revoked under any
16provisions of this Code.
17    (f) In accordance with 49 C.F.R. 384, the Secretary of
18State may not issue a restricted driving permit for the
19operation of a commercial motor vehicle to a person holding a
20CDL whose driving privileges have been suspended, revoked,
21cancelled, or disqualified under any provisions of this Code.
22(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
2397-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
2497-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
251-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)
 

 

 

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1    (625 ILCS 5/6-208)  (from Ch. 95 1/2, par. 6-208)
2    Sec. 6-208. Period of Suspension - Application After
3Revocation.
4    (a) Except as otherwise provided by this Code or any other
5law of this State, the Secretary of State shall not suspend a
6driver's license, permit, or privilege to drive a motor vehicle
7on the highways for a period of more than one year.
8    (b) Any person whose license, permit, or privilege to drive
9a motor vehicle on the highways has been revoked shall not be
10entitled to have such license, permit, or privilege renewed or
11restored. However, such person may, except as provided under
12subsections (d) and (d-5) of Section 6-205, make application
13for a license pursuant to Section 6-106 (i) if the revocation
14was for a cause that has been removed or (ii) as provided in
15the following subparagraphs:
16        1. Except as provided in subparagraphs 1.5, 2, 3, 4,
17    and 5, the person may make application for a license (A)
18    after the expiration of one year from the effective date of
19    the revocation, (B) in the case of a violation of paragraph
20    (b) of Section 11-401 of this Code or a similar provision
21    of a local ordinance, after the expiration of 3 years from
22    the effective date of the revocation, or (C) in the case of
23    a violation of Section 9-3 of the Criminal Code of 1961 or
24    the Criminal Code of 2012 or a similar provision of a law
25    of another state relating to the offense of reckless
26    homicide or a violation of subparagraph (F) of paragraph 1

 

 

HB4206- 35 -LRB098 15145 MLW 50121 b

1    of subsection (d) of Section 11-501 of this Code relating
2    to aggravated driving under the influence of alcohol, other
3    drug or drugs, intoxicating compound or compounds, or any
4    combination thereof, if the violation was the proximate
5    cause of a death, after the expiration of 2 years from the
6    effective date of the revocation or after the expiration of
7    24 months from the date of release from a period of
8    imprisonment as provided in Section 6-103 of this Code,
9    whichever is later.
10        1.5. If the person is convicted of a violation of
11    Section 6-303 of this Code committed while his or her
12    driver's license, permit, or privilege was revoked because
13    of a violation of Section 9-3 of the Criminal Code of 1961
14    or the Criminal Code of 2012, relating to the offense of
15    reckless homicide, or a similar provision of a law of
16    another state, the person may not make application for a
17    license or permit until the expiration of 3 years from the
18    date of the conviction.
19        2. If such person is convicted of committing a second
20    violation within a 20-year period of:
21            (A) Section 11-501 of this Code or a similar
22        provision of a local ordinance;
23            (B) Paragraph (b) of Section 11-401 of this Code or
24        a similar provision of a local ordinance;
25            (C) Section 9-3 of the Criminal Code of 1961 or the
26        Criminal Code of 2012, relating to the offense of

 

 

HB4206- 36 -LRB098 15145 MLW 50121 b

1        reckless homicide; or
2            (D) any combination of the above offenses
3        committed at different instances;
4    then such person may not make application for a license
5    until after the expiration of 5 years from the effective
6    date of the most recent revocation. The 20-year period
7    shall be computed by using the dates the offenses were
8    committed and shall also include similar out-of-state
9    offenses and similar offenses committed on a military
10    installation.
11        2.5. If a person is convicted of a second violation of
12    Section 6-303 of this Code committed while the person's
13    driver's license, permit, or privilege was revoked because
14    of a violation of Section 9-3 of the Criminal Code of 1961
15    or the Criminal Code of 2012, relating to the offense of
16    reckless homicide, or a similar provision of a law of
17    another state, the person may not make application for a
18    license or permit until the expiration of 5 years from the
19    date of release from a term of imprisonment.
20        3. However, except as provided in subparagraph 4, if
21    such person is convicted of committing a third or
22    subsequent violation or any combination of the above
23    offenses, including similar out-of-state offenses and
24    similar offenses committed on a military installation,
25    contained in subparagraph 2, then such person may not make
26    application for a license until after the expiration of 10

 

 

HB4206- 37 -LRB098 15145 MLW 50121 b

1    years from the effective date of the most recent
2    revocation.
3        4. Except as provided in paragraph (1.5) of subsection
4    (c) of Section 6-205 and subparagraph (F) of paragraph (3)
5    of subsection (c) of Section 6-206 of this Code, the The
6    person may not make application for a license if the person
7    is convicted of committing a fourth or subsequent violation
8    of Section 11-501 of this Code or a similar provision of a
9    local ordinance, Section 11-401 of this Code, Section 9-3
10    of the Criminal Code of 1961 or the Criminal Code of 2012,
11    or a combination of these offenses, similar provisions of
12    local ordinances, similar out-of-state offenses, or
13    similar offenses committed on a military installation.
14        4.5. A bona fide resident of a foreign jurisdiction who
15    is subject to the provisions of subparagraph 4 of this
16    subsection (b) may make application for termination of the
17    revocation after a period of 10 years from the effective
18    date of the most recent revocation. However, if a person
19    who has been granted a termination of revocation under this
20    subparagraph 4.5 subsequently becomes a resident of this
21    State, the revocation shall be reinstated and the person
22    shall be subject to the provisions of subparagraph 4.
23        5. The person may not make application for a license or
24    permit if the person is convicted of a third or subsequent
25    violation of Section 6-303 of this Code committed while his
26    or her driver's license, permit, or privilege was revoked

 

 

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1    because of a violation of Section 9-3 of the Criminal Code
2    of 1961 or the Criminal Code of 2012, relating to the
3    offense of reckless homicide, or a similar provision of a
4    law of another state.
5    Notwithstanding any other provision of this Code, all
6persons referred to in this paragraph (b) may not have their
7privileges restored until the Secretary receives payment of the
8required reinstatement fee pursuant to subsection (b) of
9Section 6-118.
10    In no event shall the Secretary issue such license unless
11and until such person has had a hearing pursuant to this Code
12and the appropriate administrative rules and the Secretary is
13satisfied, after a review or investigation of such person, that
14to grant the privilege of driving a motor vehicle on the
15highways will not endanger the public safety or welfare.
16    (c) (Blank).
17(Source: P.A. 96-607, eff. 8-24-09; 97-1150, eff. 1-25-13.)
 
18    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
19    Sec. 6-303. Driving while driver's license, permit or
20privilege to operate a motor vehicle is suspended or revoked.
21    (a) Except as otherwise provided in subsection (a-5), any
22person who drives or is in actual physical control of a motor
23vehicle on any highway of this State at a time when such
24person's driver's license, permit or privilege to do so or the
25privilege to obtain a driver's license or permit is revoked or

 

 

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1suspended as provided by this Code or the law of another state,
2except as may be specifically allowed by a judicial driving
3permit issued prior to January 1, 2009, monitoring device
4driving permit, family financial responsibility driving
5permit, probationary license to drive, or a restricted driving
6permit issued pursuant to this Code or under the law of another
7state, shall be guilty of a Class A misdemeanor.
8    (a-3) A second or subsequent violation of subsection (a) of
9this Section is a Class 4 felony if committed by a person whose
10driving or operation of a motor vehicle is the proximate cause
11of a motor vehicle accident that causes personal injury or
12death to another. For purposes of this subsection, a personal
13injury includes any Type A injury as indicated on the traffic
14accident report completed by a law enforcement officer that
15requires immediate professional attention in either a doctor's
16office or a medical facility. A Type A injury includes severe
17bleeding wounds, distorted extremities, and injuries that
18require the injured party to be carried from the scene.
19    (a-5) Any person who violates this Section as provided in
20subsection (a) while his or her driver's license, permit or
21privilege is revoked because of a violation of Section 9-3 of
22the Criminal Code of 1961 or the Criminal Code of 2012,
23relating to the offense of reckless homicide or a similar
24provision of a law of another state, is guilty of a Class 4
25felony. The person shall be required to undergo a professional
26evaluation, as provided in Section 11-501 of this Code, to

 

 

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1determine if an alcohol, drug, or intoxicating compound problem
2exists and the extent of the problem, and to undergo the
3imposition of treatment as appropriate.
4    (a-10) A person's driver's license, permit, or privilege to
5obtain a driver's license or permit may be subject to multiple
6revocations, multiple suspensions, or any combination of both
7simultaneously. No revocation or suspension shall serve to
8negate, invalidate, cancel, postpone, or in any way lessen the
9effect of any other revocation or suspension entered prior or
10subsequent to any other revocation or suspension.
11    (b) (Blank).
12    (b-1) Upon receiving a report of the conviction of any
13violation indicating a person was operating a motor vehicle
14during the time when the person's driver's license, permit or
15privilege was suspended by the Secretary of State or the
16driver's licensing administrator of another state, except as
17specifically allowed by a probationary license, judicial
18driving permit, restricted driving permit or monitoring device
19driving permit the Secretary shall extend the suspension for
20the same period of time as the originally imposed suspension
21unless the suspension has already expired, in which case the
22Secretary shall be authorized to suspend the person's driving
23privileges for the same period of time as the originally
24imposed suspension.
25    (b-2) Except as provided in subsection (b-6), upon
26receiving a report of the conviction of any violation

 

 

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1indicating a person was operating a motor vehicle when the
2person's driver's license, permit or privilege was revoked by
3the Secretary of State or the driver's license administrator of
4any other state, except as specifically allowed by a restricted
5driving permit issued pursuant to this Code or the law of
6another state, the Secretary shall not issue a driver's license
7for an additional period of one year from the date of such
8conviction indicating such person was operating a vehicle
9during such period of revocation.
10    (b-3) (Blank).
11    (b-4) When the Secretary of State receives a report of a
12conviction of any violation indicating a person was operating a
13motor vehicle that was not equipped with an ignition interlock
14device during a time when the person was prohibited from
15operating a motor vehicle not equipped with such a device, the
16Secretary shall not issue a driver's license to that person for
17an additional period of one year from the date of the
18conviction.
19    (b-5) Any person convicted of violating this Section shall
20serve a minimum term of imprisonment of 30 consecutive days or
21300 hours of community service when the person's driving
22privilege was revoked or suspended as a result of a violation
23of Section 9-3 of the Criminal Code of 1961 or the Criminal
24Code of 2012, relating to the offense of reckless homicide, or
25a similar provision of a law of another state.
26    (b-6) Upon receiving a report of a first conviction of

 

 

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1operating a motor vehicle while the person's driver's license,
2permit or privilege was revoked where the revocation was for a
3violation of Section 9-3 of the Criminal Code of 1961 or the
4Criminal Code of 2012 relating to the offense of reckless
5homicide or a similar out-of-state offense, the Secretary shall
6not issue a driver's license for an additional period of three
7years from the date of such conviction.
8    (c) Except as provided in subsections (c-3) and (c-4), any
9person convicted of violating this Section shall serve a
10minimum term of imprisonment of 10 consecutive days or 30 days
11of community service when the person's driving privilege was
12revoked or suspended as a result of:
13        (1) a violation of Section 11-501 of this Code or a
14    similar provision of a local ordinance relating to the
15    offense of operating or being in physical control of a
16    vehicle while under the influence of alcohol, any other
17    drug or any combination thereof; or
18        (2) a violation of paragraph (b) of Section 11-401 of
19    this Code or a similar provision of a local ordinance
20    relating to the offense of leaving the scene of a motor
21    vehicle accident involving personal injury or death; or
22        (3) a statutory summary suspension or revocation under
23    Section 11-501.1 of this Code.
24    Such sentence of imprisonment or community service shall
25not be subject to suspension in order to reduce such sentence.
26    (c-1) Except as provided in subsections (c-5) and (d), any

 

 

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1person convicted of a second violation of this Section shall be
2ordered by the court to serve a minimum of 100 hours of
3community service.
4    (c-2) In addition to other penalties imposed under this
5Section, the court may impose on any person convicted a fourth
6time of violating this Section any of the following:
7        (1) Seizure of the license plates of the person's
8    vehicle.
9        (2) Immobilization of the person's vehicle for a period
10    of time to be determined by the court.
11    (c-3) Any person convicted of a violation of this Section
12during a period of summary suspension imposed pursuant to
13Section 11-501.1 when the person was eligible for a MDDP shall
14be guilty of a Class 4 felony and shall serve a minimum term of
15imprisonment of 30 days.
16    (c-4) Any person who has been issued a MDDP or a restricted
17driving permit which requires the person to operate only motor
18vehicles equipped with an ignition interlock device and who is
19convicted of a violation of this Section as a result of
20operating or being in actual physical control of a motor
21vehicle not equipped with an ignition interlock device at the
22time of the offense shall be guilty of a Class 4 felony and
23shall serve a minimum term of imprisonment of 30 days.
24    (c-5) Any person convicted of a second violation of this
25Section is guilty of a Class 2 felony, is not eligible for
26probation or conditional discharge, and shall serve a mandatory

 

 

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1term of imprisonment, if:
2         (1) the current violation occurred when the person's
3    driver's license was suspended or revoked for a violation
4    of Section 9-3 of the Criminal Code of 1961 or the Criminal
5    Code of 2012, relating to the offense of reckless homicide,
6    or a similar out-of-state offense; and
7        (2) the prior conviction under this Section occurred
8    while the person's driver's license was suspended or
9    revoked for a violation of Section 9-3 of the Criminal Code
10    of 1961 or the Criminal Code of 2012 relating to the
11    offense of reckless homicide, or a similar out-of-state
12    offense, or was suspended or revoked for a violation of
13    Section 11-401 or 11-501 of this Code, a similar
14    out-of-state offense, a similar provision of a local
15    ordinance, or a statutory summary suspension or revocation
16    under Section 11-501.1 of this Code.
17    (d) Any person convicted of a second violation of this
18Section shall be guilty of a Class 4 felony and shall serve a
19minimum term of imprisonment of 30 days or 300 hours of
20community service, as determined by the court, if:
21         (1) the current violation occurred when the person's
22    driver's license was suspended or revoked for a violation
23    of Section 11-401 or 11-501 of this Code, a similar
24    out-of-state offense, a similar provision of a local
25    ordinance, or a statutory summary suspension or revocation
26    under Section 11-501.1 of this Code; and

 

 

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1        (2) the prior conviction under this Section occurred
2    while the person's driver's license was suspended or
3    revoked for a violation of Section 11-401 or 11-501 of this
4    Code, a similar out-of-state offense, a similar provision
5    of a local ordinance, or a statutory summary suspension or
6    revocation under Section 11-501.1 of this Code, or for a
7    violation of Section 9-3 of the Criminal Code of 1961 or
8    the Criminal Code of 2012, relating to the offense of
9    reckless homicide, or a similar out-of-state offense.
10    (d-1) Except as provided in subsections (d-2), (d-2.5), and
11(d-3), any person convicted of a third or subsequent violation
12of this Section shall serve a minimum term of imprisonment of
1330 days or 300 hours of community service, as determined by the
14court.
15    (d-2) Any person convicted of a third violation of this
16Section is guilty of a Class 4 felony and must serve a minimum
17term of imprisonment of 30 days, if:
18         (1) the current violation occurred when the person's
19    driver's license was suspended or revoked for a violation
20    of Section 11-401 or 11-501 of this Code, or a similar
21    out-of-state offense, or a similar provision of a local
22    ordinance, or a statutory summary suspension or revocation
23    under Section 11-501.1 of this Code; and
24        (2) the prior convictions under this Section occurred
25    while the person's driver's license was suspended or
26    revoked for a violation of Section 11-401 or 11-501 of this

 

 

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1    Code, a similar out-of-state offense, a similar provision
2    of a local ordinance, or a statutory summary suspension or
3    revocation under Section 11-501.1 of this Code, or for a
4    violation of Section 9-3 of the Criminal Code of 1961 or
5    the Criminal Code of 2012, relating to the offense of
6    reckless homicide, or a similar out-of-state offense.
7    (d-2.5) Any person convicted of a third violation of this
8Section is guilty of a Class 1 felony, is not eligible for
9probation or conditional discharge, and must serve a mandatory
10term of imprisonment, if:
11         (1) the current violation occurred while the person's
12    driver's license was suspended or revoked for a violation
13    of Section 9-3 of the Criminal Code of 1961 or the Criminal
14    Code of 2012, relating to the offense of reckless homicide,
15    or a similar out-of-state offense. The person's driving
16    privileges shall be revoked for the remainder of the
17    person's life; and
18        (2) the prior convictions under this Section occurred
19    while the person's driver's license was suspended or
20    revoked for a violation of Section 9-3 of the Criminal Code
21    of 1961 or the Criminal Code of 2012, relating to the
22    offense of reckless homicide, or a similar out-of-state
23    offense, or was suspended or revoked for a violation of
24    Section 11-401 or 11-501 of this Code, a similar
25    out-of-state offense, a similar provision of a local
26    ordinance, or a statutory summary suspension or revocation

 

 

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1    under Section 11-501.1 of this Code.
2    (d-3) Any person convicted of a fourth, fifth, sixth,
3seventh, eighth, or ninth violation of this Section is guilty
4of a Class 4 felony and must serve a minimum term of
5imprisonment of 180 days, if:
6         (1) the current violation occurred when the person's
7    driver's license was suspended or revoked for a violation
8    of Section 11-401 or 11-501 of this Code, a similar
9    out-of-state offense, a similar provision of a local
10    ordinance, or a statutory summary suspension or revocation
11    under Section 11-501.1 of this Code; and
12        (2) the prior convictions under this Section occurred
13    while the person's driver's license was suspended or
14    revoked for a violation of Section 11-401 or 11-501 of this
15    Code, a similar out-of-state offense, a similar provision
16    of a local ordinance, or a statutory summary suspension or
17    revocation under Section 11-501.1 of this Code, or for a
18    violation of Section 9-3 of the Criminal Code of 1961 or
19    the Criminal Code of 2012, relating to the offense of
20    reckless homicide, or a similar out-of-state offense.
21    (d-3.5) Any person convicted of a fourth or subsequent
22violation of this Section is guilty of a Class 1 felony, is not
23eligible for probation or conditional discharge, and must serve
24a mandatory term of imprisonment, and is eligible for an
25extended term, if:
26        (1) the current violation occurred when the person's

 

 

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1    driver's license was suspended or revoked for a violation
2    of Section 9-3 of the Criminal Code of 1961 or the Criminal
3    Code of 2012, relating to the offense of reckless homicide,
4    or a similar out-of-state offense; and
5        (2) the prior convictions under this Section occurred
6    while the person's driver's license was suspended or
7    revoked for a violation of Section 9-3 of the Criminal Code
8    of 1961 or the Criminal Code of 2012, relating to the
9    offense of reckless homicide, or a similar out-of-state
10    offense, or was suspended or revoked for a violation of
11    Section 11-401 or 11-501 of this Code, a similar
12    out-of-state offense, a similar provision of a local
13    ordinance, or a statutory summary suspension or revocation
14    under Section 11-501.1 of this Code.
15    (d-4) Any person convicted of a tenth, eleventh, twelfth,
16thirteenth, or fourteenth violation of this Section is guilty
17of a Class 3 felony, and is not eligible for probation or
18conditional discharge, if:
19        (1) the current violation occurred when the person's
20    driver's license was suspended or revoked for a violation
21    of Section 11-401 or 11-501 of this Code, or a similar
22    out-of-state offense, or a similar provision of a local
23    ordinance, or a statutory summary suspension or revocation
24    under Section 11-501.1 of this Code; and
25        (2) the prior convictions under this Section occurred
26    while the person's driver's license was suspended or

 

 

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1    revoked for a violation of Section 11-401 or 11-501 of this
2    Code, a similar out-of-state offense, a similar provision
3    of a local ordinance, or a statutory suspension or
4    revocation under Section 11-501.1 of this Code, or for a
5    violation of Section 9-3 of the Criminal Code of 1961 or
6    the Criminal Code of 2012, relating to the offense of
7    reckless homicide, or a similar out-of-state offense.
8    (d-5) Any person convicted of a fifteenth or subsequent
9violation of this Section is guilty of a Class 2 felony, and is
10not eligible for probation or conditional discharge, if:
11         (1) the current violation occurred when the person's
12    driver's license was suspended or revoked for a violation
13    of Section 11-401 or 11-501 of this Code, or a similar
14    out-of-state offense, or a similar provision of a local
15    ordinance, or a statutory summary suspension or revocation
16    under Section 11-501.1 of this Code; and
17        (2) the prior convictions under this Section occurred
18    while the person's driver's license was suspended or
19    revoked for a violation of Section 11-401 or 11-501 of this
20    Code, a similar out-of-state offense, a similar provision
21    of a local ordinance, or a statutory summary suspension or
22    revocation under Section 11-501.1 of this Code, or for a
23    violation of Section 9-3 of the Criminal Code of 1961 or
24    the Criminal Code of 2012, relating to the offense of
25    reckless homicide, or a similar out-of-state offense.
26    (e) Any person in violation of this Section who is also in

 

 

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1violation of Section 7-601 of this Code relating to mandatory
2insurance requirements, in addition to other penalties imposed
3under this Section, shall have his or her motor vehicle
4immediately impounded by the arresting law enforcement
5officer. The motor vehicle may be released to any licensed
6driver upon a showing of proof of insurance for the vehicle
7that was impounded and the notarized written consent for the
8release by the vehicle owner.
9    (f) For any prosecution under this Section, a certified
10copy of the driving abstract of the defendant shall be admitted
11as proof of any prior conviction.
12    (g) The motor vehicle used in a violation of this Section
13is subject to seizure and forfeiture as provided in Sections
1436-1 and 36-2 of the Criminal Code of 2012 if the person's
15driving privilege was revoked or suspended as a result of:
16        (1) a violation of Section 11-501 of this Code, a
17    similar provision of a local ordinance, or a similar
18    provision of a law of another state;
19        (2) a violation of paragraph (b) of Section 11-401 of
20    this Code, a similar provision of a local ordinance, or a
21    similar provision of a law of another state;
22        (3) a statutory summary suspension or revocation under
23    Section 11-501.1 of this Code or a similar provision of a
24    law of another state; or
25        (4) a violation of Section 9-3 of the Criminal Code of
26    1961 or the Criminal Code of 2012 relating to the offense

 

 

HB4206- 51 -LRB098 15145 MLW 50121 b

1    of reckless homicide, or a similar provision of a law of
2    another state.
3(Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13;
498-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff.
58-27-13; revised 9-19-13.)