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Public Act 099-0290 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 6-205, 6-206, 6-208, and 6-303 as follows:
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(625 ILCS 5/6-205)
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Sec. 6-205. Mandatory revocation of license or permit; | ||||
Hardship cases.
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(a) Except as provided in this Section, the Secretary of | ||||
State shall
immediately revoke the license, permit, or driving | ||||
privileges of
any driver upon receiving a
report of the | ||||
driver's conviction of any of the following offenses:
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1. Reckless homicide resulting from the operation of a | ||||
motor vehicle;
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2. Violation of Section 11-501 of this Code or a | ||||
similar provision of
a local ordinance relating to the | ||||
offense of operating or being in physical
control of a | ||||
vehicle while under the influence of alcohol, other drug or
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drugs, intoxicating compound or compounds, or any | ||||
combination thereof;
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3. Any felony under the laws of any State or the | ||||
federal government
in the commission of which a motor | ||||
vehicle was used;
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4. Violation of Section 11-401 of this Code relating to | ||
the offense of
leaving the scene of a traffic accident | ||
involving death or personal injury;
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5. Perjury or the making of a false affidavit or | ||
statement under
oath to the Secretary of State under this | ||
Code or under any
other law relating to the ownership or | ||
operation of motor vehicles;
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6. Conviction upon 3 charges of violation of Section | ||
11-503 of this
Code relating to the offense of reckless | ||
driving committed within a
period of 12 months;
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7. Conviction of any offense
defined in
Section 4-102 | ||
of this Code;
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8. Violation of Section 11-504 of this Code relating to | ||
the offense
of drag racing;
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9. Violation of Chapters 8 and 9 of this Code;
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10. Violation of Section 12-5 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 arising from
the use of a | ||
motor vehicle;
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11. Violation of Section 11-204.1 of this Code relating | ||
to aggravated
fleeing or attempting to elude a peace | ||
officer;
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12. Violation of paragraph (1) of subsection (b) of | ||
Section 6-507,
or a similar law of any other state, | ||
relating to the
unlawful operation of a commercial motor | ||
vehicle;
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13. Violation of paragraph (a) of Section 11-502 of |
this Code or a
similar provision of a local ordinance if | ||
the driver has been previously
convicted of a violation of | ||
that Section or a similar provision of a local
ordinance | ||
and the driver was less than 21 years of age at the time of | ||
the
offense;
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14. Violation of paragraph (a) of Section 11-506 of | ||
this Code or a similar provision of a local ordinance | ||
relating to the offense of street racing;
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15. A second or subsequent conviction of driving while | ||
the person's driver's license, permit or privileges was | ||
revoked for reckless homicide or a similar out-of-state | ||
offense; | ||
16. Any offense against any provision in this Code, or | ||
any local ordinance, regulating the
movement of traffic | ||
when that offense was the proximate cause of the death of | ||
any person. Any person whose driving privileges have been | ||
revoked pursuant to this paragraph may seek to have the | ||
revocation terminated or to have the length of revocation | ||
reduced by requesting an administrative hearing with the | ||
Secretary of State prior to the projected driver's license | ||
application eligibility date; | ||
17. Violation of subsection (a-2) of Section 11-1301.3 | ||
of this Code or a similar provision of a local ordinance; | ||
18. A second or subsequent conviction of illegal | ||
possession, while operating or in actual physical control, | ||
as a driver, of a motor vehicle, of any controlled |
substance prohibited under the Illinois Controlled | ||
Substances Act, any cannabis prohibited under the Cannabis | ||
Control Act, or any methamphetamine prohibited under the | ||
Methamphetamine Control and Community Protection Act. A | ||
defendant found guilty of this offense while operating a | ||
motor vehicle
shall have an entry made in the court record | ||
by the presiding judge that
this offense did occur while | ||
the defendant was operating a motor vehicle
and order the | ||
clerk of the court to report the violation to the Secretary
| ||
of State. | ||
(b) The Secretary of State shall also immediately revoke | ||
the license
or permit of any driver in the following | ||
situations:
| ||
1. Of any minor upon receiving the notice provided for | ||
in Section
5-901 of the Juvenile Court Act of 1987 that the | ||
minor has been
adjudicated under that Act as having | ||
committed an offense relating to
motor vehicles prescribed | ||
in Section 4-103 of this Code;
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2. Of any person when any other law of this State | ||
requires either the
revocation or suspension of a license | ||
or permit;
| ||
3. Of any person adjudicated under the Juvenile Court | ||
Act of 1987 based on an offense determined to have been | ||
committed in furtherance of the criminal activities of an | ||
organized gang as provided in Section 5-710 of that Act, | ||
and that involved the operation or use of a motor vehicle |
or the use of a driver's license or permit. The revocation | ||
shall remain in effect for the period determined by the | ||
court. Upon the direction of the court, the Secretary shall | ||
issue the person a judicial driving permit, also known as a | ||
JDP. The JDP shall be subject to the same terms as a JDP | ||
issued under Section 6-206.1, except that the court may | ||
direct that a JDP issued under this subdivision (b)(3) be | ||
effective immediately.
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(c)(1) Whenever a person is convicted of any of the | ||
offenses enumerated in
this Section, the court may recommend | ||
and the Secretary of State in his
discretion, without regard to | ||
whether the recommendation is made by the
court may, upon | ||
application,
issue to the person a
restricted driving permit | ||
granting the privilege of driving a motor
vehicle between the | ||
petitioner's residence and petitioner's place
of employment or | ||
within the scope of the petitioner's employment related
duties, | ||
or to allow the petitioner to transport himself or herself or a | ||
family member
of the petitioner's household to a medical | ||
facility for the receipt of necessary medical care or to allow | ||
the
petitioner to transport himself or herself to and from | ||
alcohol or drug remedial or rehabilitative activity | ||
recommended by a licensed service provider, or to allow the
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petitioner to transport himself or herself or a family member | ||
of the petitioner's household to classes, as a student, at an | ||
accredited educational
institution, or to allow the petitioner | ||
to transport children, elderly persons, or disabled persons who |
do not hold driving privileges and are living in the | ||
petitioner's household to and from daycare; if the petitioner | ||
is able to demonstrate that no alternative means
of | ||
transportation is reasonably available and that the petitioner | ||
will not endanger
the public safety or welfare; provided that | ||
the Secretary's discretion shall be
limited to cases where | ||
undue hardship, as defined by the rules of the Secretary of | ||
State, would result from a failure to issue the
restricted | ||
driving permit. Those multiple offenders identified in | ||
subdivision (b)4 of Section 6-208 of this Code, however, shall | ||
not be eligible for the issuance of a restricted driving | ||
permit.
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(1.5) A person subject to the provisions of paragraph 4 | ||
of subsection (b) of Section 6-208 of this Code may make | ||
application for a restricted driving permit at a hearing | ||
conducted under Section 2-118 of this Code after the | ||
expiration of 5 years from the effective date of the most | ||
recent revocation, or after 5 years from the date of | ||
release from a period of imprisonment resulting from a | ||
conviction of the most recent offense, whichever is later, | ||
provided the person, in addition to all other requirements | ||
of the Secretary, shows by clear and convincing evidence: | ||
(A) a minimum of 3 years of uninterrupted | ||
abstinence from alcohol and the unlawful use or | ||
consumption of cannabis under the Cannabis Control | ||
Act, a controlled substance under the Illinois |
Controlled Substances Act, an intoxicating compound | ||
under the Use of Intoxicating Compounds Act, or | ||
methamphetamine under the Methamphetamine Control and | ||
Community Protection Act; and | ||
(B) the successful completion of any | ||
rehabilitative treatment and involvement in any | ||
ongoing rehabilitative activity that may be | ||
recommended by a properly licensed service provider | ||
according to an assessment of the person's alcohol or | ||
drug use under Section 11-501.01 of this Code. | ||
In determining whether an applicant is eligible for a | ||
restricted driving permit under this paragraph (1.5), the | ||
Secretary may consider any relevant evidence, including, | ||
but not limited to, testimony, affidavits, records, and the | ||
results of regular alcohol or drug tests. Persons subject | ||
to the provisions of paragraph 4 of subsection (b) of | ||
Section 6-208 of this Code and who have been convicted of | ||
more than one violation of paragraph (3), paragraph (4), or | ||
paragraph (5) of subsection (a) of Section 11-501 of this | ||
Code shall not be eligible to apply for a restricted | ||
driving permit. | ||
A restricted driving permit issued under this | ||
paragraph (1.5) shall provide that the holder may only | ||
operate motor vehicles equipped with an ignition interlock | ||
device as required under paragraph (2) of subsection (c) of | ||
this Section and subparagraph (A) of paragraph 3 of |
subsection (c) of Section 6-206 of this Code. The Secretary | ||
may revoke a restricted driving permit or amend the | ||
conditions of a restricted driving permit issued under this | ||
paragraph (1.5) if the holder operates a vehicle that is | ||
not equipped with an ignition interlock device, or for any | ||
other reason authorized under this Code. | ||
A restricted driving permit issued under this | ||
paragraph (1.5) shall be revoked, and the holder barred | ||
from applying for or being issued a restricted driving | ||
permit in the future, if the holder is subsequently | ||
convicted of a violation of Section 11-501 of this Code, a | ||
similar provision of a local ordinance, or a similar | ||
offense in another state. | ||
(2) If a person's license or permit is revoked or | ||
suspended due to 2 or
more convictions of violating Section | ||
11-501 of this Code or a similar
provision of a local | ||
ordinance or a similar out-of-state offense, or Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
where the use of alcohol or other drugs is recited as an | ||
element of the offense, or a similar out-of-state offense, | ||
or a combination of these offenses, arising out
of separate | ||
occurrences, that person, if issued a restricted driving | ||
permit,
may not operate a vehicle unless it has been | ||
equipped with an ignition
interlock device as defined in | ||
Section 1-129.1.
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(3) If:
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(A) a person's license or permit is revoked or | ||
suspended 2 or more
times within a 10 year period due | ||
to any combination of: | ||
(i)
a single conviction of violating Section
| ||
11-501 of this Code or a similar provision of a | ||
local ordinance or a similar
out-of-state offense, | ||
or Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, where the use of alcohol or | ||
other drugs is recited as an element of the | ||
offense, or a similar out-of-state offense; or | ||
(ii)
a statutory summary suspension or | ||
revocation under Section
11-501.1; or | ||
(iii)
a suspension pursuant to Section | ||
6-203.1;
| ||
arising out of
separate occurrences; or | ||
(B)
a person has been convicted of one violation of | ||
Section 6-303 of this Code committed while his or her | ||
driver's license, permit, or privilege was revoked | ||
because of a violation of Section 9-3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012, relating to | ||
the offense of reckless homicide where the use of | ||
alcohol or other drugs was recited as an element of the | ||
offense, or a similar provision of a law of another | ||
state;
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that person, if issued a restricted
driving permit, may not | ||
operate a vehicle unless it has been equipped with an
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ignition interlock device as defined in Section 1-129.1. | ||
(4)
The person issued a permit conditioned on the use | ||
of an ignition interlock device must pay to the Secretary | ||
of State DUI Administration Fund an amount
not to exceed | ||
$30 per month. The Secretary shall establish by rule the | ||
amount
and the procedures, terms, and conditions relating | ||
to these fees. | ||
(5)
If the restricted driving permit is issued for | ||
employment purposes, then
the prohibition against | ||
operating a motor vehicle that is not equipped with an | ||
ignition interlock device does not apply to the operation | ||
of an occupational vehicle
owned or leased by that person's | ||
employer when used solely for employment purposes. | ||
(6)
In each case the Secretary of State may issue a
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restricted driving permit for a period he deems | ||
appropriate, except that the
permit shall expire within one | ||
year from the date of issuance. The Secretary
may not, | ||
however, issue a restricted driving permit to any person | ||
whose current
revocation is the result of a second or | ||
subsequent conviction for a violation
of Section 11-501 of | ||
this Code or a similar provision of a local ordinance
or | ||
any similar out-of-state offense, or Section 9-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, where | ||
the use of alcohol or other drugs is recited as an element | ||
of the offense, or any similar out-of-state offense, or any | ||
combination of these offenses, until the expiration of at |
least one year from the date of the
revocation. A | ||
restricted
driving permit issued under this Section shall | ||
be
subject to cancellation, revocation, and suspension by | ||
the Secretary of
State in like manner and for like cause as | ||
a driver's license issued
under this Code may be cancelled, | ||
revoked, or
suspended; except that a conviction upon one or | ||
more offenses against laws or
ordinances regulating the | ||
movement of traffic shall be deemed sufficient cause
for | ||
the revocation, suspension, or cancellation of a | ||
restricted driving permit.
The Secretary of State may, as a | ||
condition to the issuance of a restricted
driving permit, | ||
require the petitioner to participate in a designated | ||
driver
remedial or rehabilitative program. The Secretary | ||
of State is authorized to
cancel a restricted driving | ||
permit if the permit holder does not successfully
complete | ||
the program. However, if an individual's driving | ||
privileges have been
revoked in accordance with paragraph | ||
13 of subsection (a) of this Section, no
restricted driving | ||
permit shall be issued until the individual has served 6
| ||
months of the revocation period.
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(c-5) (Blank).
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(c-6) If a person is convicted of a second violation of | ||
operating a motor vehicle while the person's driver's license, | ||
permit or privilege was revoked, where the revocation was for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 relating to the offense of reckless |
homicide or a similar out-of-state offense, the person's | ||
driving privileges shall be revoked pursuant to subdivision | ||
(a)(15) of this Section. The person may not make application | ||
for a license or permit until the expiration of five years from | ||
the effective date of the revocation or the expiration of five | ||
years from the date of release from a term of imprisonment, | ||
whichever is later. | ||
(c-7) If a person is convicted of a third or subsequent | ||
violation of operating a motor vehicle while the person's | ||
driver's license, permit or privilege was revoked, where the | ||
revocation was for a violation of Section 9-3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 relating to the | ||
offense of reckless homicide or a similar out-of-state offense, | ||
the person may never apply for a license or permit. | ||
(d)(1) Whenever a person under the age of 21 is convicted | ||
under Section
11-501 of this Code or a similar provision of a | ||
local ordinance or a similar out-of-state offense, the
| ||
Secretary of State shall revoke the driving privileges of that | ||
person. One
year after the date of revocation, and upon | ||
application, the Secretary of
State may, if satisfied that the | ||
person applying will not endanger the
public safety or welfare, | ||
issue a restricted driving permit granting the
privilege of | ||
driving a motor vehicle only between the hours of 5 a.m. and 9
| ||
p.m. or as otherwise provided by this Section for a period of | ||
one year.
After this one year period, and upon reapplication | ||
for a license as
provided in Section 6-106, upon payment of the |
appropriate reinstatement
fee provided under paragraph (b) of | ||
Section 6-118, the Secretary of State,
in his discretion, may
| ||
reinstate the petitioner's driver's license and driving | ||
privileges, or extend the restricted driving permit as many | ||
times as the
Secretary of State deems appropriate, by | ||
additional periods of not more than
12 months each.
| ||
(2) If a person's license or permit is revoked or | ||
suspended due to 2 or
more convictions of violating Section | ||
11-501 of this Code or a similar
provision of a local | ||
ordinance or a similar out-of-state offense, or Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
where the use of alcohol or other drugs is recited as an | ||
element of the offense, or a similar out-of-state offense, | ||
or a combination of these offenses, arising out
of separate | ||
occurrences, that person, if issued a restricted driving | ||
permit,
may not operate a vehicle unless it has been | ||
equipped with an ignition
interlock device as defined in | ||
Section 1-129.1.
| ||
(3) If a person's license or permit is revoked or | ||
suspended 2 or more times
within a 10 year period due to | ||
any combination of: | ||
(A) a single conviction of violating Section | ||
11-501
of this
Code or a similar provision of a local | ||
ordinance or a similar out-of-state
offense, or | ||
Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, where the use of alcohol or |
other drugs is recited as an element of the offense, or | ||
a similar out-of-state offense; or | ||
(B)
a statutory summary suspension or revocation | ||
under Section 11-501.1; or | ||
(C) a suspension pursuant to Section 6-203.1; | ||
arising out of separate occurrences, that person, if issued | ||
a
restricted
driving permit, may not operate a vehicle | ||
unless it has been equipped with an
ignition interlock | ||
device as defined in Section 1-129.1. | ||
(4)
The person issued a permit conditioned upon the use | ||
of an interlock device must pay to the Secretary of State | ||
DUI Administration Fund an amount
not to exceed $30 per | ||
month. The Secretary shall establish by rule the amount
and | ||
the procedures, terms, and conditions relating to these | ||
fees. | ||
(5)
If the restricted driving permit is issued for | ||
employment purposes, then
the prohibition against driving | ||
a vehicle that is not equipped with an ignition interlock | ||
device does not apply to the operation of an occupational | ||
vehicle
owned or leased by that person's employer when used | ||
solely for employment purposes. | ||
(6) A
restricted driving permit issued under this | ||
Section shall be subject to
cancellation, revocation, and | ||
suspension by the Secretary of State in like
manner and for | ||
like cause as a driver's license issued under this Code may | ||
be
cancelled, revoked, or suspended; except that a |
conviction upon one or more
offenses against laws or | ||
ordinances regulating the movement of traffic
shall be | ||
deemed sufficient cause for the revocation, suspension, or
| ||
cancellation of a restricted driving permit.
| ||
(d-5) The revocation of the license, permit, or driving | ||
privileges of a person convicted of a third or subsequent | ||
violation of Section 6-303 of this Code committed while his or | ||
her driver's license, permit, or privilege was revoked because | ||
of a violation of Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, relating to the offense of reckless | ||
homicide, or a similar provision of a law of another state, is | ||
permanent. The Secretary may not, at any time, issue a license | ||
or permit to that person.
| ||
(e) This Section is subject to the provisions of the Driver | ||
License
Compact.
| ||
(f) Any revocation imposed upon any person under | ||
subsections 2
and 3 of paragraph (b) that is in effect on | ||
December 31, 1988 shall be
converted to a suspension for a like | ||
period of time.
| ||
(g) The Secretary of State shall not issue a restricted | ||
driving permit to
a person under the age of 16 years whose | ||
driving privileges have been revoked
under any provisions of | ||
this Code.
| ||
(h) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by a person | ||
who has been convicted of a
second or subsequent offense under |
Section 11-501 of this Code or a similar
provision of a local | ||
ordinance. The person must pay to the Secretary of State DUI | ||
Administration Fund an amount not to exceed $30 for each month | ||
that he or she uses the device. The Secretary shall establish | ||
by rule and
regulation the procedures for certification and use | ||
of the interlock
system, the amount of the fee, and the | ||
procedures, terms, and conditions relating to these fees.
| ||
(i) (Blank).
| ||
(j) In accordance with 49 C.F.R. 384, the Secretary of | ||
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding a | ||
CDL whose driving privileges have been revoked, suspended, | ||
cancelled, or disqualified under any provisions of this Code.
| ||
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||
7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. | ||
1-1-13; 97-1150, eff. 1-25-13.)
| ||
(625 ILCS 5/6-206)
| ||
Sec. 6-206. Discretionary authority to suspend or revoke | ||
license or
permit; Right to a hearing.
| ||
(a) The Secretary of State is authorized to suspend or | ||
revoke the
driving privileges of any person without preliminary | ||
hearing upon a showing
of the person's records or other | ||
sufficient evidence that
the person:
| ||
1. Has committed an offense for which mandatory |
revocation of
a driver's license or permit is required upon | ||
conviction;
| ||
2. Has been convicted of not less than 3 offenses | ||
against traffic
regulations governing the movement of | ||
vehicles committed within any 12
month period. No | ||
revocation or suspension shall be entered more than
6 | ||
months after the date of last conviction;
| ||
3. Has been repeatedly involved as a driver in motor | ||
vehicle
collisions or has been repeatedly convicted of | ||
offenses against laws and
ordinances regulating the | ||
movement of traffic, to a degree that
indicates lack of | ||
ability to exercise ordinary and reasonable care in
the | ||
safe operation of a motor vehicle or disrespect for the | ||
traffic laws
and the safety of other persons upon the | ||
highway;
| ||
4. Has by the unlawful operation of a motor vehicle | ||
caused or
contributed to an accident resulting in injury | ||
requiring
immediate professional treatment in a medical | ||
facility or doctor's office
to any person, except that any | ||
suspension or revocation imposed by the
Secretary of State | ||
under the provisions of this subsection shall start no
| ||
later than 6 months after being convicted of violating a | ||
law or
ordinance regulating the movement of traffic, which | ||
violation is related
to the accident, or shall start not | ||
more than one year
after
the date of the accident, | ||
whichever date occurs later;
|
5. Has permitted an unlawful or fraudulent use of a | ||
driver's
license, identification card, or permit;
| ||
6. Has been lawfully convicted of an offense or | ||
offenses in another
state, including the authorization | ||
contained in Section 6-203.1, which
if committed within | ||
this State would be grounds for suspension or revocation;
| ||
7. Has refused or failed to submit to an examination | ||
provided for by
Section 6-207 or has failed to pass the | ||
examination;
| ||
8. Is ineligible for a driver's license or permit under | ||
the provisions
of Section 6-103;
| ||
9. Has made a false statement or knowingly concealed a | ||
material fact
or has used false information or | ||
identification in any application for a
license, | ||
identification card, or permit;
| ||
10. Has possessed, displayed, or attempted to | ||
fraudulently use any
license, identification card, or | ||
permit not issued to the person;
| ||
11. Has operated a motor vehicle upon a highway of this | ||
State when
the person's driving privilege or privilege to | ||
obtain a driver's license
or permit was revoked or | ||
suspended unless the operation was authorized by
a | ||
monitoring device driving permit, judicial driving permit | ||
issued prior to January 1, 2009, probationary license to | ||
drive, or a restricted
driving permit issued under this | ||
Code;
|
12. Has submitted to any portion of the application | ||
process for
another person or has obtained the services of | ||
another person to submit to
any portion of the application | ||
process for the purpose of obtaining a
license, | ||
identification card, or permit for some other person;
| ||
13. Has operated a motor vehicle upon a highway of this | ||
State when
the person's driver's license or permit was | ||
invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||
14. Has committed a violation of Section 6-301, | ||
6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||
of the Illinois Identification Card
Act;
| ||
15. Has been convicted of violating Section 21-2 of the | ||
Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||
to criminal trespass to vehicles in which case, the | ||
suspension
shall be for one year;
| ||
16. Has been convicted of violating Section 11-204 of | ||
this Code relating
to fleeing from a peace officer;
| ||
17. Has refused to submit to a test, or tests, as | ||
required under Section
11-501.1 of this Code and the person | ||
has not sought a hearing as
provided for in Section | ||
11-501.1;
| ||
18. Has, since issuance of a driver's license or | ||
permit, been adjudged
to be afflicted with or suffering | ||
from any mental disability or disease;
| ||
19. Has committed a violation of paragraph (a) or (b) | ||
of Section 6-101
relating to driving without a driver's |
license;
| ||
20. Has been convicted of violating Section 6-104 | ||
relating to
classification of driver's license;
| ||
21. Has been convicted of violating Section 11-402 of
| ||
this Code relating to leaving the scene of an accident | ||
resulting in damage
to a vehicle in excess of $1,000, in | ||
which case the suspension shall be
for one year;
| ||
22. Has used a motor vehicle in violating paragraph | ||
(3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 | ||
relating
to unlawful use of weapons, in which case the | ||
suspension shall be for one
year;
| ||
23. Has, as a driver, been convicted of committing a | ||
violation of
paragraph (a) of Section 11-502 of this Code | ||
for a second or subsequent
time within one year of a | ||
similar violation;
| ||
24. Has been convicted by a court-martial or punished | ||
by non-judicial
punishment by military authorities of the | ||
United States at a military
installation in Illinois or in | ||
another state of or for a traffic related offense that is | ||
the
same as or similar to an offense specified under | ||
Section 6-205 or 6-206 of
this Code;
| ||
25. Has permitted any form of identification to be used | ||
by another in
the application process in order to obtain or | ||
attempt to obtain a license,
identification card, or | ||
permit;
|
26. Has altered or attempted to alter a license or has | ||
possessed an
altered license, identification card, or | ||
permit;
| ||
27. Has violated Section 6-16 of the Liquor Control Act | ||
of 1934;
| ||
28. Has been convicted for a first time of the illegal | ||
possession, while operating or
in actual physical control, | ||
as a driver, of a motor vehicle, of any
controlled | ||
substance prohibited under the Illinois Controlled | ||
Substances
Act, any cannabis prohibited under the Cannabis | ||
Control
Act, or any methamphetamine prohibited under the | ||
Methamphetamine Control and Community Protection Act, in | ||
which case the person's driving privileges shall be | ||
suspended for
one year.
Any defendant found guilty of this | ||
offense while operating a motor vehicle,
shall have an | ||
entry made in the court record by the presiding judge that
| ||
this offense did occur while the defendant was operating a | ||
motor vehicle
and order the clerk of the court to report | ||
the violation to the Secretary
of State;
| ||
29. Has been convicted of the following offenses that | ||
were committed
while the person was operating or in actual | ||
physical control, as a driver,
of a motor vehicle: criminal | ||
sexual assault,
predatory criminal sexual assault of a | ||
child,
aggravated criminal sexual
assault, criminal sexual | ||
abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||
soliciting for a juvenile prostitute, promoting juvenile |
prostitution as described in subdivision (a)(1), (a)(2), | ||
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012, and the manufacture, sale or
| ||
delivery of controlled substances or instruments used for | ||
illegal drug use
or abuse in which case the driver's | ||
driving privileges shall be suspended
for one year;
| ||
30. Has been convicted a second or subsequent time for | ||
any
combination of the offenses named in paragraph 29 of | ||
this subsection,
in which case the person's driving | ||
privileges shall be suspended for 5
years;
| ||
31. Has refused to submit to a test as
required by | ||
Section 11-501.6 of this Code or Section 5-16c of the Boat | ||
Registration and Safety Act or has submitted to a test | ||
resulting in
an alcohol concentration of 0.08 or more or | ||
any amount of a drug, substance, or
compound resulting from | ||
the unlawful use or consumption of cannabis as listed
in | ||
the Cannabis Control Act, a controlled substance as listed | ||
in the Illinois
Controlled Substances Act, an intoxicating | ||
compound as listed in the Use of
Intoxicating Compounds | ||
Act, or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act, in which case the | ||
penalty shall be
as prescribed in Section 6-208.1;
| ||
32. Has been convicted of Section 24-1.2 of the | ||
Criminal Code of
1961 or the Criminal Code of 2012 relating | ||
to the aggravated discharge of a firearm if the offender | ||
was
located in a motor vehicle at the time the firearm was |
discharged, in which
case the suspension shall be for 3 | ||
years;
| ||
33. Has as a driver, who was less than 21 years of age | ||
on the date of
the offense, been convicted a first time of | ||
a violation of paragraph (a) of
Section 11-502 of this Code | ||
or a similar provision of a local ordinance;
| ||
34. Has committed a violation of Section 11-1301.5 of | ||
this Code or a similar provision of a local ordinance;
| ||
35. Has committed a violation of Section 11-1301.6 of | ||
this Code or a similar provision of a local ordinance;
| ||
36. Is under the age of 21 years at the time of arrest | ||
and has been
convicted of not less than 2 offenses against | ||
traffic regulations governing
the movement of vehicles | ||
committed within any 24 month period. No revocation
or | ||
suspension shall be entered more than 6 months after the | ||
date of last
conviction;
| ||
37. Has committed a violation of subsection (c) of | ||
Section 11-907 of this
Code that resulted in damage to the | ||
property of another or the death or injury of another;
| ||
38. Has been convicted of a violation of Section 6-20 | ||
of the Liquor
Control Act of 1934 or a similar provision of | ||
a local ordinance;
| ||
39. Has committed a second or subsequent violation of | ||
Section
11-1201 of this Code;
| ||
40. Has committed a violation of subsection (a-1) of | ||
Section 11-908 of
this Code; |
41. Has committed a second or subsequent violation of | ||
Section 11-605.1 of this Code, a similar provision of a | ||
local ordinance, or a similar violation in any other state | ||
within 2 years of the date of the previous violation, in | ||
which case the suspension shall be for 90 days; | ||
42. Has committed a violation of subsection (a-1) of | ||
Section 11-1301.3 of this Code or a similar provision of a | ||
local ordinance;
| ||
43. Has received a disposition of court supervision for | ||
a violation of subsection (a), (d), or (e) of Section 6-20 | ||
of the Liquor
Control Act of 1934 or a similar provision of | ||
a local ordinance, in which case the suspension shall be | ||
for a period of 3 months;
| ||
44.
Is under the age of 21 years at the time of arrest | ||
and has been convicted of an offense against traffic | ||
regulations governing the movement of vehicles after | ||
having previously had his or her driving privileges
| ||
suspended or revoked pursuant to subparagraph 36 of this | ||
Section; | ||
45.
Has, in connection with or during the course of a | ||
formal hearing conducted under Section 2-118 of this Code: | ||
(i) committed perjury; (ii) submitted fraudulent or | ||
falsified documents; (iii) submitted documents that have | ||
been materially altered; or (iv) submitted, as his or her | ||
own, documents that were in fact prepared or composed for | ||
another person; |
46. Has committed a violation of subsection (j) of | ||
Section 3-413 of this Code; or
| ||
47. Has committed a violation of Section 11-502.1 of | ||
this Code. | ||
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||
and 27 of this
subsection, license means any driver's license, | ||
any traffic ticket issued when
the person's driver's license is | ||
deposited in lieu of bail, a suspension
notice issued by the | ||
Secretary of State, a duplicate or corrected driver's
license, | ||
a probationary driver's license or a temporary driver's | ||
license. | ||
(b) If any conviction forming the basis of a suspension or
| ||
revocation authorized under this Section is appealed, the
| ||
Secretary of State may rescind or withhold the entry of the | ||
order of suspension
or revocation, as the case may be, provided | ||
that a certified copy of a stay
order of a court is filed with | ||
the Secretary of State. If the conviction is
affirmed on | ||
appeal, the date of the conviction shall relate back to the | ||
time
the original judgment of conviction was entered and the 6 | ||
month limitation
prescribed shall not apply.
| ||
(c) 1. Upon suspending or revoking the driver's license or | ||
permit of
any person as authorized in this Section, the | ||
Secretary of State shall
immediately notify the person in | ||
writing of the revocation or suspension.
The notice to be | ||
deposited in the United States mail, postage prepaid,
to the | ||
last known address of the person.
|
2. If the Secretary of State suspends the driver's license
| ||
of a person under subsection 2 of paragraph (a) of this | ||
Section, a
person's privilege to operate a vehicle as an | ||
occupation shall not be
suspended, provided an affidavit is | ||
properly completed, the appropriate fee
received, and a permit | ||
issued prior to the effective date of the
suspension, unless 5 | ||
offenses were committed, at least 2 of which occurred
while | ||
operating a commercial vehicle in connection with the driver's
| ||
regular occupation. All other driving privileges shall be | ||
suspended by the
Secretary of State. Any driver prior to | ||
operating a vehicle for
occupational purposes only must submit | ||
the affidavit on forms to be
provided by the Secretary of State | ||
setting forth the facts of the person's
occupation. The | ||
affidavit shall also state the number of offenses
committed | ||
while operating a vehicle in connection with the driver's | ||
regular
occupation. The affidavit shall be accompanied by the | ||
driver's license.
Upon receipt of a properly completed | ||
affidavit, the Secretary of State
shall issue the driver a | ||
permit to operate a vehicle in connection with the
driver's | ||
regular occupation only. Unless the permit is issued by the
| ||
Secretary of State prior to the date of suspension, the | ||
privilege to drive
any motor vehicle shall be suspended as set | ||
forth in the notice that was
mailed under this Section. If an | ||
affidavit is received subsequent to the
effective date of this | ||
suspension, a permit may be issued for the remainder
of the | ||
suspension period.
|
The provisions of this subparagraph shall not apply to any | ||
driver
required to possess a CDL for the purpose of operating a | ||
commercial motor vehicle.
| ||
Any person who falsely states any fact in the affidavit | ||
required
herein shall be guilty of perjury under Section 6-302 | ||
and upon conviction
thereof shall have all driving privileges | ||
revoked without further rights.
| ||
3. At the conclusion of a hearing under Section 2-118 of | ||
this Code,
the Secretary of State shall either rescind or | ||
continue an order of
revocation or shall substitute an order of | ||
suspension; or, good
cause appearing therefor, rescind, | ||
continue, change, or extend the
order of suspension. If the | ||
Secretary of State does not rescind the order,
the Secretary | ||
may upon application,
to relieve undue hardship (as defined by | ||
the rules of the Secretary of State), issue
a restricted | ||
driving permit granting the privilege of driving a motor
| ||
vehicle between the petitioner's residence and petitioner's | ||
place of
employment or within the scope of the petitioner's | ||
employment related duties, or to
allow the petitioner to | ||
transport himself or herself, or a family member of the
| ||
petitioner's household to a medical facility, to receive | ||
necessary medical care, to allow the petitioner to transport | ||
himself or herself to and from alcohol or drug
remedial or | ||
rehabilitative activity recommended by a licensed service | ||
provider, or to allow the petitioner to transport himself or | ||
herself or a family member of the petitioner's household to |
classes, as a student, at an accredited educational | ||
institution, or to allow the petitioner to transport children, | ||
elderly persons, or disabled persons who do not hold driving | ||
privileges and are living in the petitioner's household to and | ||
from daycare. The
petitioner must demonstrate that no | ||
alternative means of
transportation is reasonably available | ||
and that the petitioner will not endanger
the public safety or | ||
welfare. Those multiple offenders identified in subdivision | ||
(b)4 of Section 6-208 of this Code, however, shall not be | ||
eligible for the issuance of a restricted driving permit.
| ||
(A) If a person's license or permit is revoked or | ||
suspended due to 2
or more convictions of violating Section | ||
11-501 of this Code or a similar
provision of a local | ||
ordinance or a similar out-of-state offense, or Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
where the use of alcohol or other drugs is recited as an | ||
element of the offense, or a similar out-of-state offense, | ||
or a combination of these offenses, arising out
of separate | ||
occurrences, that person, if issued a restricted driving | ||
permit,
may not operate a vehicle unless it has been | ||
equipped with an ignition
interlock device as defined in | ||
Section 1-129.1.
| ||
(B) If a person's license or permit is revoked or | ||
suspended 2 or more
times within a 10 year period due to | ||
any combination of: | ||
(i) a single conviction of violating Section
|
11-501 of this Code or a similar provision of a local | ||
ordinance or a similar
out-of-state offense or Section | ||
9-3 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012, where the use of alcohol or other drugs is | ||
recited as an element of the offense, or a similar | ||
out-of-state offense; or | ||
(ii) a statutory summary suspension or revocation | ||
under Section
11-501.1; or | ||
(iii) a suspension under Section 6-203.1; | ||
arising out of
separate occurrences; that person, if issued | ||
a restricted driving permit, may
not operate a vehicle | ||
unless it has been
equipped with an ignition interlock | ||
device as defined in Section 1-129.1. | ||
(C)
The person issued a permit conditioned upon the use | ||
of an ignition interlock device must pay to the Secretary | ||
of State DUI Administration Fund an amount
not to exceed | ||
$30 per month. The Secretary shall establish by rule the | ||
amount
and the procedures, terms, and conditions relating | ||
to these fees. | ||
(D) If the
restricted driving permit is issued for | ||
employment purposes, then the prohibition against | ||
operating a motor vehicle that is not equipped with an | ||
ignition interlock device does not apply to the operation | ||
of an occupational vehicle owned or
leased by that person's | ||
employer when used solely for employment purposes. | ||
(E) In each case the Secretary may issue a
restricted |
driving permit for a period deemed appropriate, except that | ||
all
permits shall expire within one year from the date of | ||
issuance. The Secretary
may not, however, issue a | ||
restricted driving permit to any person whose current
| ||
revocation is the result of a second or subsequent | ||
conviction for a violation
of Section 11-501 of this Code | ||
or a similar provision of a local ordinance
or any similar | ||
out-of-state offense, or Section 9-3 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012, where the use of | ||
alcohol or other drugs is recited as an element of the | ||
offense, or any similar out-of-state offense, or any | ||
combination
of those offenses, until the expiration of at | ||
least one year from the date of
the revocation. A
| ||
restricted driving permit issued under this Section shall | ||
be subject to
cancellation, revocation, and suspension by | ||
the Secretary of State in like
manner and for like cause as | ||
a driver's license issued under this Code may be
cancelled, | ||
revoked, or suspended; except that a conviction upon one or | ||
more
offenses against laws or ordinances regulating the | ||
movement of traffic
shall be deemed sufficient cause for | ||
the revocation, suspension, or
cancellation of a | ||
restricted driving permit. The Secretary of State may, as
a | ||
condition to the issuance of a restricted driving permit, | ||
require the
applicant to participate in a designated driver | ||
remedial or rehabilitative
program. The Secretary of State | ||
is authorized to cancel a restricted
driving permit if the |
permit holder does not successfully complete the program.
| ||
(F) A person subject to the provisions of paragraph | ||
4 of subsection (b) of Section 6-208 of this Code may | ||
make application for a restricted driving permit at a | ||
hearing conducted under Section 2-118 of this Code | ||
after the expiration of 5 years from the effective date | ||
of the most recent revocation or after 5 years from the | ||
date of release from a period of imprisonment resulting | ||
from a conviction of the most recent offense, whichever | ||
is later, provided the person, in addition to all other | ||
requirements of the Secretary, shows by clear and | ||
convincing evidence: | ||
(i) a minimum of 3 years of uninterrupted | ||
abstinence from alcohol and the unlawful use or | ||
consumption of cannabis under the Cannabis Control | ||
Act, a controlled substance under the Illinois | ||
Controlled Substances Act, an intoxicating | ||
compound under the Use of Intoxicating Compounds | ||
Act, or methamphetamine under the Methamphetamine | ||
Control and Community Protection Act; and | ||
(ii) the successful completion of any | ||
rehabilitative treatment and involvement in any | ||
ongoing rehabilitative activity that may be | ||
recommended by a properly licensed service | ||
provider according to an assessment of the | ||
person's alcohol or drug use under Section |
11-501.01 of this Code. | ||
In determining whether an applicant is eligible | ||
for a restricted driving permit under this | ||
subparagraph (F), the Secretary may consider any | ||
relevant evidence, including, but not limited to, | ||
testimony, affidavits, records, and the results of | ||
regular alcohol or drug tests. Persons subject to the | ||
provisions of paragraph 4 of subsection (b) of Section | ||
6-208 of this Code and who have been convicted of more | ||
than one violation of paragraph (3), paragraph (4), or | ||
paragraph (5) of subsection (a) of Section 11-501 of | ||
this Code shall not be eligible to apply for a | ||
restricted driving permit under this subparagraph (F). | ||
A restricted driving permit issued under this | ||
subparagraph (F) shall provide that the holder may only | ||
operate motor vehicles equipped with an ignition | ||
interlock device as required under paragraph (2) of | ||
subsection (c) of Section 6-205 of this Code and | ||
subparagraph (A) of paragraph 3 of subsection (c) of | ||
this Section. The Secretary may revoke a restricted | ||
driving permit or amend the conditions of a restricted | ||
driving permit issued under this subparagraph (F) if | ||
the holder operates a vehicle that is not equipped with | ||
an ignition interlock device, or for any other reason | ||
authorized under this Code. | ||
A restricted driving permit issued under this |
subparagraph (F) shall be revoked, and the holder | ||
barred from applying for or being issued a restricted | ||
driving permit in the future, if the holder is | ||
convicted of a violation of Section 11-501 of this | ||
Code, a similar provision of a local ordinance, or a | ||
similar offense in another state. | ||
(c-3) In the case of a suspension under paragraph 43 of | ||
subsection (a), reports received by the Secretary of State | ||
under this Section shall, except during the actual time the | ||
suspension is in effect, be privileged information and for use | ||
only by the courts, police officers, prosecuting authorities, | ||
the driver licensing administrator of any other state, the | ||
Secretary of State, or the parent or legal guardian of a driver | ||
under the age of 18. However, beginning January 1, 2008, if the | ||
person is a CDL holder, the suspension shall also be made | ||
available to the driver licensing administrator of any other | ||
state, the U.S. Department of Transportation, and the affected | ||
driver or motor
carrier or prospective motor carrier upon | ||
request.
| ||
(c-4) In the case of a suspension under paragraph 43 of | ||
subsection (a), the Secretary of State shall notify the person | ||
by mail that his or her driving privileges and driver's license | ||
will be suspended one month after the date of the mailing of | ||
the notice.
| ||
(c-5) The Secretary of State may, as a condition of the | ||
reissuance of a
driver's license or permit to an applicant |
whose driver's license or permit has
been suspended before he | ||
or she reached the age of 21 years pursuant to any of
the | ||
provisions of this Section, require the applicant to | ||
participate in a
driver remedial education course and be | ||
retested under Section 6-109 of this
Code.
| ||
(d) This Section is subject to the provisions of the | ||
Drivers License
Compact.
| ||
(e) The Secretary of State shall not issue a restricted | ||
driving permit to
a person under the age of 16 years whose | ||
driving privileges have been suspended
or revoked under any | ||
provisions of this Code.
| ||
(f) In accordance with 49 C.F.R. 384, the Secretary of | ||
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding a | ||
CDL whose driving privileges have been suspended, revoked, | ||
cancelled, or disqualified under any provisions of this Code. | ||
(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; | ||
97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; | ||
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. | ||
1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff. | ||
7-16-14 .)
| ||
(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| ||
Sec. 6-208. Period of Suspension - Application After | ||
Revocation.
| ||
(a) Except as otherwise provided by this Code or any other |
law of this
State, the Secretary of State shall not suspend a | ||
driver's license,
permit, or privilege to drive a motor vehicle | ||
on the highways for a
period of more than one year.
| ||
(b) Any person whose license, permit, or privilege to drive | ||
a motor
vehicle on the highways has been revoked shall not be | ||
entitled to have
such license, permit, or privilege renewed or | ||
restored. However, such
person may, except as provided under | ||
subsections (d) and (d-5) of Section 6-205, make
application | ||
for a license pursuant to Section 6-106 (i) if the revocation
| ||
was
for a cause that
has been removed or (ii) as provided in | ||
the following
subparagraphs:
| ||
1. Except as provided in subparagraphs 1.5, 2, 3,
4, | ||
and 5,
the person may make application for a license (A) | ||
after the expiration of one
year from the effective date of | ||
the revocation, (B) in the case of a violation of paragraph | ||
(b) of Section 11-401 of this
Code or a similar provision | ||
of a local ordinance, after the expiration of 3
years from | ||
the effective date of the revocation, or
(C) in the case of | ||
a violation
of Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 or a similar provision of a law | ||
of another state relating to the offense of reckless
| ||
homicide or a violation of subparagraph (F) of paragraph 1 | ||
of subsection (d) of Section 11-501 of this Code relating | ||
to aggravated driving under the influence of alcohol, other | ||
drug or drugs, intoxicating compound or compounds, or any | ||
combination thereof, if the violation was the proximate |
cause of a death, after the expiration of 2 years from the | ||
effective date of the
revocation
or after the expiration of | ||
24 months from the date of release from
a
period of | ||
imprisonment as provided in Section
6-103 of this Code, | ||
whichever is later.
| ||
1.5. If the person is convicted of a violation of | ||
Section 6-303 of this Code committed while his or her | ||
driver's license, permit, or privilege was revoked because | ||
of a violation of Section 9-3 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012, relating to the offense of | ||
reckless homicide, or a similar provision of a law of | ||
another state, the person may not make application for a | ||
license or permit until the expiration of 3 years from the | ||
date of the conviction.
| ||
2. If such person is convicted of committing a second | ||
violation within a 20-year
period of:
| ||
(A) Section 11-501 of this Code or a similar | ||
provision of a local
ordinance;
| ||
(B) Paragraph (b) of Section 11-401 of this Code or | ||
a similar
provision
of a local ordinance;
| ||
(C) Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, relating
to the
offense of | ||
reckless homicide; or
| ||
(D) any combination of the above offenses | ||
committed at different
instances;
| ||
then such person may not make application for a license |
until after
the expiration of 5 years from the effective | ||
date of the most recent
revocation. The 20-year
period | ||
shall be computed by using the dates the
offenses were | ||
committed and shall also include similar out-of-state
| ||
offenses and similar offenses committed on a military | ||
installation.
| ||
2.5. If a person is convicted of a second violation of | ||
Section 6-303 of this Code committed while the person's | ||
driver's license, permit, or privilege was revoked because | ||
of a violation of Section 9-3 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012, relating to the offense of | ||
reckless homicide, or a similar provision of a law of | ||
another state, the person may not make application for a | ||
license or permit until the expiration of 5 years from the | ||
date of release from a term of imprisonment.
| ||
3. However, except as provided in subparagraph 4, if | ||
such person is
convicted of committing a third or
| ||
subsequent violation or any combination of the above | ||
offenses, including
similar out-of-state offenses and | ||
similar offenses committed on a military installation, | ||
contained in subparagraph 2, then such person
may not make | ||
application for a license until after the expiration of 10 | ||
years
from the effective date of the most recent | ||
revocation.
| ||
4. Except as provided in paragraph (1.5) of subsection | ||
(c) of Section 6-205 and subparagraph (F) of paragraph 3 of |
subsection (c) of Section 6-206 of this Code, the The | ||
person may not make application for a license if the person | ||
is
convicted of committing a fourth or subsequent
violation | ||
of Section 11-501 of this Code or a similar provision of a | ||
local
ordinance, Section 11-401 of this Code, Section 9-3 | ||
of the
Criminal Code of 1961 or the Criminal Code of 2012, | ||
or
a combination of these offenses,
similar provisions of | ||
local ordinances,
similar out-of-state offenses, or | ||
similar offenses committed on a military installation.
| ||
4.5. A bona fide resident of a foreign jurisdiction who | ||
is subject to the provisions of subparagraph 4 of this | ||
subsection (b) may make application for termination of the | ||
revocation after a period of 10 years from the effective | ||
date of the most recent revocation. However, if a person | ||
who has been granted a termination of revocation under this | ||
subparagraph 4.5 subsequently becomes a resident of this | ||
State, the revocation shall be reinstated and the person | ||
shall be subject to the provisions of subparagraph 4. | ||
5. The person may not make application for a license or | ||
permit if the person is convicted of a third or subsequent | ||
violation of Section 6-303 of this Code committed while his | ||
or her driver's license, permit, or privilege was revoked | ||
because of a violation of Section 9-3 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012, relating to the | ||
offense of reckless homicide, or a similar provision of a | ||
law of another state.
|
Notwithstanding any other provision of this Code, all | ||
persons referred to
in this paragraph (b) may not have their | ||
privileges restored until the
Secretary receives payment of the | ||
required reinstatement fee pursuant to
subsection (b) of | ||
Section 6-118.
| ||
In no event shall the Secretary issue such license
unless | ||
and until such person has had a hearing pursuant to this Code | ||
and
the appropriate administrative rules and the Secretary is
| ||
satisfied, after a review or investigation of such person, that
| ||
to grant the privilege of driving a motor vehicle on the | ||
highways will
not endanger the public safety or welfare.
| ||
(c) (Blank).
| ||
(Source: P.A. 96-607, eff. 8-24-09; 97-1150, eff. 1-25-13.)
| ||
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||
Sec. 6-303. Driving while driver's license, permit or | ||
privilege to
operate a motor vehicle is suspended or revoked.
| ||
(a) Except as otherwise provided in subsection (a-5), any | ||
person who drives or is in actual physical control of a motor
| ||
vehicle on any highway of this State at a time when such | ||
person's driver's
license, permit or privilege to do so or the | ||
privilege to obtain a driver's
license or permit is revoked or | ||
suspended as provided by this Code or the law
of another state, | ||
except as may be specifically allowed by a judicial driving
| ||
permit issued prior to January 1, 2009, monitoring device | ||
driving permit, family financial responsibility driving |
permit, probationary
license to drive, or a restricted driving | ||
permit issued pursuant to this Code
or under the law of another | ||
state, shall be guilty of a Class A misdemeanor.
| ||
(a-3) A second or subsequent violation of subsection (a) of | ||
this Section is a Class 4 felony if committed by a person whose | ||
driving or operation of a motor vehicle is the proximate cause | ||
of a motor vehicle accident that causes personal injury or | ||
death to another. For purposes of this subsection, a personal | ||
injury includes any Type A injury as indicated on the traffic | ||
accident report completed by a law enforcement officer that | ||
requires immediate professional attention in either a doctor's | ||
office or a medical facility. A Type A injury includes severe | ||
bleeding wounds, distorted extremities, and injuries that | ||
require the injured party to be carried from the scene. | ||
(a-5) Any person who violates this Section as provided in | ||
subsection (a) while his or her driver's license, permit or | ||
privilege is revoked because of a violation of Section 9-3 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012, | ||
relating to the offense of reckless homicide or a similar | ||
provision of a law of another state, is guilty of a Class 4 | ||
felony. The person shall be required to undergo a professional | ||
evaluation, as provided in Section 11-501 of this Code, to | ||
determine if an alcohol, drug, or intoxicating compound problem | ||
exists and the extent of the problem, and to undergo the | ||
imposition of treatment as appropriate.
| ||
(a-10) A person's driver's license, permit, or privilege to |
obtain a driver's license or permit may be subject to multiple | ||
revocations, multiple suspensions, or any combination of both | ||
simultaneously. No revocation or suspension shall serve to | ||
negate, invalidate, cancel, postpone, or in any way lessen the | ||
effect of any other revocation or suspension entered prior or | ||
subsequent to any other revocation or suspension. | ||
(b) (Blank). | ||
(b-1) Upon receiving a report of the conviction of any | ||
violation indicating a person was operating a motor vehicle | ||
during the time when the person's driver's license, permit or | ||
privilege was suspended by the Secretary of State or the | ||
driver's licensing administrator of another state, except as | ||
specifically allowed by a probationary license, judicial | ||
driving permit, restricted driving permit or monitoring device | ||
driving permit the Secretary shall extend the suspension for | ||
the same period of time as the originally imposed suspension | ||
unless the suspension has already expired, in which case the | ||
Secretary shall be authorized to suspend the person's driving | ||
privileges for the same period of time as the originally | ||
imposed suspension. | ||
(b-2) Except as provided in subsection (b-6), upon | ||
receiving a report of the conviction of any violation | ||
indicating a person was operating a motor vehicle when the | ||
person's driver's license, permit or privilege was revoked by | ||
the Secretary of State or the driver's license administrator of | ||
any other state, except as specifically allowed by a restricted |
driving permit issued pursuant to this Code or the law of | ||
another state, the Secretary shall not issue a driver's license | ||
for an additional period of one year from the date of such | ||
conviction indicating such person was operating a vehicle | ||
during such period of revocation. | ||
(b-3) (Blank).
| ||
(b-4) When the Secretary of State receives a report of a | ||
conviction of any violation indicating a person was operating a | ||
motor vehicle that was not equipped with an ignition interlock | ||
device during a time when the person was prohibited from | ||
operating a motor vehicle not equipped with such a device, the | ||
Secretary shall not issue a driver's license to that person for | ||
an additional period of one year from the date of the | ||
conviction.
| ||
(b-5) Any person convicted of violating this Section shall | ||
serve a minimum
term of imprisonment of 30 consecutive days or | ||
300
hours of community service
when the person's driving | ||
privilege was revoked or suspended as a result of a violation | ||
of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012,
relating to the offense of reckless homicide, or | ||
a similar provision of a law of another state.
| ||
(b-6) Upon receiving a report of a first conviction of | ||
operating a motor vehicle while the person's driver's license, | ||
permit or privilege was revoked where the revocation was for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 relating to the offense of reckless |
homicide or a similar out-of-state offense, the Secretary shall | ||
not issue a driver's license for an additional period of three | ||
years from the date of such conviction. | ||
(c) Except as provided in subsections (c-3) and (c-4), any | ||
person convicted of violating this Section shall serve a | ||
minimum
term of imprisonment of 10 consecutive days or 30
days | ||
of community service
when the person's driving privilege was | ||
revoked or suspended as a result of:
| ||
(1) a violation of Section 11-501 of this Code or a | ||
similar provision
of a local ordinance relating to the | ||
offense of operating or being in physical
control of a | ||
vehicle while under the influence of alcohol, any other | ||
drug
or any combination thereof; or
| ||
(2) a violation of paragraph (b) of Section 11-401 of | ||
this Code or a
similar provision of a local ordinance | ||
relating to the offense of leaving the
scene of a motor | ||
vehicle accident involving personal injury or death; or
| ||
(3)
a statutory summary suspension or revocation under | ||
Section 11-501.1 of this
Code.
| ||
Such sentence of imprisonment or community service shall | ||
not be subject
to suspension in order to reduce such sentence.
| ||
(c-1) Except as provided in subsections (c-5) and (d), any | ||
person convicted of a
second violation of this Section shall be | ||
ordered by the court to serve a
minimum
of 100 hours of | ||
community service.
| ||
(c-2) In addition to other penalties imposed under this |
Section, the
court may impose on any person convicted a fourth | ||
time of violating this
Section any of
the following:
| ||
(1) Seizure of the license plates of the person's | ||
vehicle.
| ||
(2) Immobilization of the person's vehicle for a period | ||
of time
to be determined by the court.
| ||
(c-3) Any person convicted of a violation of this Section | ||
during a period of summary suspension imposed pursuant to | ||
Section 11-501.1 when the person was eligible for a MDDP shall | ||
be guilty of a Class 4 felony and shall serve a minimum term of | ||
imprisonment of 30 days. | ||
(c-4) Any person who has been issued a MDDP or a restricted | ||
driving permit which requires the person to operate only motor | ||
vehicles equipped with an ignition interlock device and who is | ||
convicted of a violation of this Section as a result of | ||
operating or being in actual physical control of a motor | ||
vehicle not equipped with an ignition interlock device at the | ||
time of the offense shall be guilty of a Class 4 felony and | ||
shall serve a minimum term of imprisonment of 30 days.
| ||
(c-5) Any person convicted of a second violation of this
| ||
Section is guilty of a Class 2 felony, is not eligible for | ||
probation or conditional discharge, and shall serve a mandatory | ||
term of
imprisonment, if: | ||
(1) the current violation occurred when the person's | ||
driver's license was suspended or revoked for a violation | ||
of Section 9-3 of the Criminal Code of 1961 or the Criminal |
Code of 2012, relating
to the offense of reckless homicide, | ||
or a similar out-of-state offense; and | ||
(2) the prior conviction under this Section occurred | ||
while the person's driver's license was suspended or | ||
revoked for a violation of Section 9-3 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 relating to the | ||
offense of reckless homicide, or a similar out-of-state | ||
offense, or was suspended or revoked for a violation of | ||
Section 11-401 or 11-501 of this Code, a similar | ||
out-of-state offense, a similar provision of a local | ||
ordinance, or a statutory summary suspension or revocation | ||
under Section 11-501.1 of this Code.
| ||
(d) Any person convicted of a second violation of this
| ||
Section shall be guilty of a Class 4 felony and shall serve a | ||
minimum term of
imprisonment of 30 days or 300 hours of | ||
community service, as determined by the
court, if: | ||
(1) the current violation occurred when the person's | ||
driver's license was suspended or revoked for a violation | ||
of Section 11-401 or 11-501 of this Code,
a similar | ||
out-of-state offense, a similar provision of a local
| ||
ordinance, or a
statutory summary suspension or revocation | ||
under Section 11-501.1 of this Code; and | ||
(2) the prior conviction under this Section occurred | ||
while the person's driver's license was suspended or | ||
revoked for a violation of Section 11-401 or 11-501 of this | ||
Code, a similar out-of-state offense, a similar provision |
of a local ordinance, or a statutory summary suspension or | ||
revocation under Section 11-501.1 of this Code, or for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, relating to the offense of | ||
reckless homicide, or a similar out-of-state offense.
| ||
(d-1) Except as provided in subsections (d-2), (d-2.5), and | ||
(d-3), any
person convicted of
a third or subsequent violation | ||
of this Section shall serve a minimum term of
imprisonment of | ||
30 days or 300 hours of community service, as determined by the
| ||
court.
| ||
(d-2) Any person convicted of a third violation of this
| ||
Section is guilty of a Class 4 felony and must serve a minimum | ||
term of
imprisonment of 30 days, if: | ||
(1) the current violation occurred when the person's | ||
driver's license was suspended or revoked for a violation | ||
of Section 11-401 or 11-501 of this Code,
or a similar | ||
out-of-state offense, or a similar provision of a local
| ||
ordinance, or a
statutory summary suspension or revocation | ||
under Section 11-501.1 of this Code; and | ||
(2) the prior convictions under this Section occurred | ||
while the person's driver's license was suspended or | ||
revoked for a violation of Section 11-401 or 11-501 of this | ||
Code, a similar out-of-state offense, a similar provision | ||
of a local ordinance, or a statutory summary suspension or | ||
revocation under Section 11-501.1 of this Code, or for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of | ||
reckless homicide, or a similar out-of-state offense.
| ||
(d-2.5) Any person convicted of a third violation of this
| ||
Section is guilty of a Class 1 felony, is not eligible for | ||
probation or conditional discharge, and must serve a mandatory | ||
term of
imprisonment, if: | ||
(1) the current violation occurred while the person's | ||
driver's license was suspended or revoked for a violation | ||
of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, relating to the offense of reckless homicide, | ||
or a similar out-of-state offense.
The person's driving | ||
privileges shall be revoked for the remainder of the | ||
person's life; and | ||
(2) the prior convictions under this Section occurred | ||
while the person's driver's license was suspended or | ||
revoked for a violation of Section 9-3 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012, relating to the | ||
offense of reckless homicide, or a similar out-of-state | ||
offense, or was suspended or revoked for a violation of | ||
Section 11-401 or 11-501 of this Code, a similar | ||
out-of-state offense, a similar provision of a local | ||
ordinance, or a statutory summary suspension or revocation | ||
under Section 11-501.1 of this Code. | ||
(d-3) Any person convicted of a fourth, fifth, sixth, | ||
seventh, eighth, or ninth violation of this
Section is guilty | ||
of a Class 4 felony and must serve a minimum term of
|
imprisonment of 180 days, if: | ||
(1) the current violation occurred when the person's | ||
driver's license was suspended or revoked for a
violation | ||
of Section 11-401 or 11-501 of this Code, a similar | ||
out-of-state
offense, a similar provision of a local | ||
ordinance, or a statutory
summary suspension or revocation | ||
under Section 11-501.1 of this Code; and | ||
(2) the prior convictions under this Section occurred | ||
while the person's driver's license was suspended or | ||
revoked for a violation of Section 11-401 or 11-501 of this | ||
Code, a similar out-of-state offense, a similar provision | ||
of a local ordinance, or a statutory summary suspension or | ||
revocation under Section 11-501.1 of this Code, or for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, relating to the offense of | ||
reckless homicide, or a similar out-of-state offense.
| ||
(d-3.5) Any person convicted of a fourth or subsequent | ||
violation of this
Section is guilty of a Class 1 felony, is not | ||
eligible for probation or conditional discharge, and must serve | ||
a mandatory term of
imprisonment, and is eligible for an | ||
extended term, if: | ||
(1) the current violation occurred when the person's | ||
driver's license was suspended or revoked for a
violation | ||
of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, relating to the offense of reckless homicide, | ||
or a similar out-of-state offense; and |
(2) the prior convictions under this Section occurred | ||
while the person's driver's license was suspended or | ||
revoked for a violation of Section 9-3 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012, relating to the | ||
offense of reckless homicide, or a similar out-of-state | ||
offense, or was suspended or revoked for a violation of | ||
Section 11-401 or 11-501 of this Code, a similar | ||
out-of-state offense, a similar provision of a local | ||
ordinance, or a statutory summary suspension or revocation | ||
under Section 11-501.1 of this Code.
| ||
(d-4) Any person convicted of a tenth, eleventh, twelfth, | ||
thirteenth, or fourteenth violation of this Section is guilty | ||
of a Class 3 felony, and is not eligible for probation or | ||
conditional discharge, if: | ||
(1) the current violation occurred when the person's | ||
driver's license was suspended or revoked for a violation | ||
of Section 11-401 or 11-501 of this Code, or a similar | ||
out-of-state offense, or a similar provision of a local | ||
ordinance, or a statutory summary suspension or revocation | ||
under Section 11-501.1 of this Code; and | ||
(2) the prior convictions under this Section occurred | ||
while the person's driver's license was suspended or | ||
revoked for a violation of Section 11-401 or 11-501 of this | ||
Code, a similar out-of-state offense, a similar provision | ||
of a local ordinance, or a statutory suspension or | ||
revocation under Section 11-501.1 of this Code, or for a |
violation of Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, relating to the offense of | ||
reckless homicide, or a similar out-of-state offense. | ||
(d-5) Any person convicted of a fifteenth or subsequent | ||
violation of this Section is guilty of a Class 2 felony, and is | ||
not eligible for probation or conditional discharge, if: | ||
(1) the current violation occurred when the person's | ||
driver's license was suspended or revoked for a violation | ||
of Section 11-401 or 11-501 of this Code, or a similar | ||
out-of-state offense, or a similar provision of a local | ||
ordinance, or a statutory summary suspension or revocation | ||
under Section 11-501.1 of this Code; and | ||
(2) the prior convictions under this Section occurred | ||
while the person's driver's license was suspended or | ||
revoked for a violation of Section 11-401 or 11-501 of this | ||
Code, a similar out-of-state offense, a similar provision | ||
of a local ordinance, or a statutory summary suspension or | ||
revocation under Section 11-501.1 of this Code, or for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, relating to the offense of | ||
reckless homicide, or a similar out-of-state offense.
| ||
(e) Any person in violation of this Section who is also in | ||
violation of
Section 7-601 of this Code relating to mandatory | ||
insurance requirements, in
addition to other penalties imposed | ||
under this Section, shall have his or her
motor vehicle | ||
immediately impounded by the arresting law enforcement |
officer.
The motor vehicle may be released to any licensed | ||
driver upon a showing of
proof of insurance for the vehicle | ||
that was impounded and the notarized written
consent for the | ||
release by the vehicle owner.
| ||
(f) For any prosecution under this Section, a certified | ||
copy of the
driving abstract of the defendant shall be admitted | ||
as proof of any prior
conviction.
| ||
(g) The motor vehicle used in a violation of this Section | ||
is subject
to seizure and forfeiture as provided in Sections | ||
36-1 and 36-2 of the
Criminal Code of 2012 if the person's | ||
driving privilege was revoked
or suspended as a result of: | ||
(1) a violation of Section 11-501 of this Code, a | ||
similar provision
of a local ordinance, or a similar | ||
provision of a law of another state; | ||
(2) a violation of paragraph (b) of Section 11-401 of | ||
this Code, a
similar provision of a local ordinance, or a | ||
similar provision of a law of another state; | ||
(3) a statutory summary suspension or revocation under | ||
Section 11-501.1 of this
Code or a similar provision of a | ||
law of another state; or | ||
(4) a violation of Section 9-3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 relating to the offense | ||
of reckless homicide, or a similar provision of a law of | ||
another state.
| ||
(Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||
98-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff. |
8-27-13; 98-756, eff. 7-16-14.)
|