|
|
|
SB2713 Engrossed |
- 2 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| offenses against laws and
ordinances regulating the |
2 |
| movement of traffic, to a degree that
indicates lack of |
3 |
| ability to exercise ordinary and reasonable care in
the |
4 |
| safe operation of a motor vehicle or disrespect for the |
5 |
| traffic laws
and the safety of other persons upon the |
6 |
| highway;
|
7 |
| 4. Has by the unlawful operation of a motor vehicle |
8 |
| caused or
contributed to an accident resulting in death or |
9 |
| injury requiring
immediate professional treatment in a |
10 |
| medical facility or doctor's office
to any person, except |
11 |
| that any suspension or revocation imposed by the
Secretary |
12 |
| of State under the provisions of this subsection shall |
13 |
| start no
later than 6 months after being convicted of |
14 |
| violating a law or
ordinance regulating the movement of |
15 |
| traffic, which violation is related
to the accident, or |
16 |
| shall start not more than one year
after
the date of the |
17 |
| accident, whichever date occurs later;
|
18 |
| 5. Has permitted an unlawful or fraudulent use of a |
19 |
| driver's
license, identification card, or permit;
|
20 |
| 6. Has been lawfully convicted of an offense or |
21 |
| offenses in another
state, including the authorization |
22 |
| contained in Section 6-203.1, which
if committed within |
23 |
| this State would be grounds for suspension or revocation;
|
24 |
| 7. Has refused or failed to submit to an examination |
25 |
| provided for by
Section 6-207 or has failed to pass the |
26 |
| examination;
|
|
|
|
SB2713 Engrossed |
- 3 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| 8. Is ineligible for a driver's license or permit under |
2 |
| the provisions
of Section 6-103;
|
3 |
| 9. Has made a false statement or knowingly concealed a |
4 |
| material fact
or has used false information or |
5 |
| identification in any application for a
license, |
6 |
| identification card, or permit;
|
7 |
| 10. Has possessed, displayed, or attempted to |
8 |
| fraudulently use any
license, identification card, or |
9 |
| permit not issued to the person;
|
10 |
| 11. Has operated a motor vehicle upon a highway of this |
11 |
| State when
the person's driving privilege or privilege to |
12 |
| obtain a driver's license
or permit was revoked or |
13 |
| suspended unless the operation was authorized by
a |
14 |
| monitoring device driving permit, judicial driving permit |
15 |
| issued prior to January 1, 2009
the effective date of this |
16 |
| amendatory Act of the 95th General Assembly , probationary |
17 |
| license to drive, or a restricted
driving permit issued |
18 |
| under this Code;
|
19 |
| 12. Has submitted to any portion of the application |
20 |
| process for
another person or has obtained the services of |
21 |
| another person to submit to
any portion of the application |
22 |
| process for the purpose of obtaining a
license, |
23 |
| identification card, or permit for some other person;
|
24 |
| 13. Has operated a motor vehicle upon a highway of this |
25 |
| State when
the person's driver's license or permit was |
26 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
|
|
|
|
SB2713 Engrossed |
- 4 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| 14. Has committed a violation of Section 6-301, |
2 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
3 |
| of the Illinois Identification Card
Act;
|
4 |
| 15. Has been convicted of violating Section 21-2 of the |
5 |
| Criminal Code
of 1961 relating to criminal trespass to |
6 |
| vehicles in which case, the suspension
shall be for one |
7 |
| year;
|
8 |
| 16. Has been convicted of violating Section 11-204 of |
9 |
| this Code relating
to fleeing from a peace officer;
|
10 |
| 17. Has refused to submit to a test, or tests, as |
11 |
| required under Section
11-501.1 of this Code and the person |
12 |
| has not sought a hearing as
provided for in Section |
13 |
| 11-501.1;
|
14 |
| 18. Has, since issuance of a driver's license or |
15 |
| permit, been adjudged
to be afflicted with or suffering |
16 |
| from any mental disability or disease;
|
17 |
| 19. Has committed a violation of paragraph (a) or (b) |
18 |
| of Section 6-101
relating to driving without a driver's |
19 |
| license;
|
20 |
| 20. Has been convicted of violating Section 6-104 |
21 |
| relating to
classification of driver's license;
|
22 |
| 21. Has been convicted of violating Section 11-402 of
|
23 |
| this Code relating to leaving the scene of an accident |
24 |
| resulting in damage
to a vehicle in excess of $1,000, in |
25 |
| which case the suspension shall be
for one year;
|
26 |
| 22. Has used a motor vehicle in violating paragraph |
|
|
|
SB2713 Engrossed |
- 5 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
2 |
| the Criminal Code of 1961 relating
to unlawful use of |
3 |
| weapons, in which case the suspension shall be for one
|
4 |
| year;
|
5 |
| 23. Has, as a driver, been convicted of committing a |
6 |
| violation of
paragraph (a) of Section 11-502 of this Code |
7 |
| for a second or subsequent
time within one year of a |
8 |
| similar violation;
|
9 |
| 24. Has been convicted by a court-martial or punished |
10 |
| by non-judicial
punishment by military authorities of the |
11 |
| United States at a military
installation in Illinois of or |
12 |
| for a traffic related offense that is the
same as or |
13 |
| similar to an offense specified under Section 6-205 or |
14 |
| 6-206 of
this Code;
|
15 |
| 25. Has permitted any form of identification to be used |
16 |
| by another in
the application process in order to obtain or |
17 |
| attempt to obtain a license,
identification card, or |
18 |
| permit;
|
19 |
| 26. Has altered or attempted to alter a license or has |
20 |
| possessed an
altered license, identification card, or |
21 |
| permit;
|
22 |
| 27. Has violated Section 6-16 of the Liquor Control Act |
23 |
| of 1934;
|
24 |
| 28. Has been convicted of the illegal possession, while |
25 |
| operating or
in actual physical control, as a driver, of a |
26 |
| motor vehicle, of any
controlled substance prohibited |
|
|
|
SB2713 Engrossed |
- 6 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| under the Illinois Controlled Substances
Act, any cannabis |
2 |
| prohibited under the Cannabis Control
Act, or any |
3 |
| methamphetamine prohibited under the Methamphetamine |
4 |
| Control and Community Protection Act, in which case the |
5 |
| person's driving privileges shall be suspended for
one |
6 |
| year, and any driver who is convicted of a second or |
7 |
| subsequent
offense, within 5 years of a previous |
8 |
| conviction, for the illegal
possession, while operating or |
9 |
| in actual physical control, as a driver, of
a motor |
10 |
| vehicle, of any controlled substance prohibited under the |
11 |
| Illinois Controlled Substances Act, any cannabis
|
12 |
| prohibited under the Cannabis Control Act, or any |
13 |
| methamphetamine prohibited under the Methamphetamine |
14 |
| Control and Community Protection Act shall be suspended for |
15 |
| 5 years.
Any defendant found guilty of this offense while |
16 |
| operating a motor vehicle,
shall have an entry made in the |
17 |
| court record by the presiding judge that
this offense did |
18 |
| occur while the defendant was operating a motor vehicle
and |
19 |
| order the clerk of the court to report the violation to the |
20 |
| Secretary
of State;
|
21 |
| 29. Has been convicted of the following offenses that |
22 |
| were committed
while the person was operating or in actual |
23 |
| physical control, as a driver,
of a motor vehicle: criminal |
24 |
| sexual assault,
predatory criminal sexual assault of a |
25 |
| child,
aggravated criminal sexual
assault, criminal sexual |
26 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, |
|
|
|
SB2713 Engrossed |
- 7 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| soliciting for a juvenile prostitute and the manufacture, |
2 |
| sale or
delivery of controlled substances or instruments |
3 |
| used for illegal drug use
or abuse in which case the |
4 |
| driver's driving privileges shall be suspended
for one |
5 |
| year;
|
6 |
| 30. Has been convicted a second or subsequent time for |
7 |
| any
combination of the offenses named in paragraph 29 of |
8 |
| this subsection,
in which case the person's driving |
9 |
| privileges shall be suspended for 5
years;
|
10 |
| 31. Has refused to submit to a test as
required by |
11 |
| Section 11-501.6 or has submitted to a test resulting in
an |
12 |
| alcohol concentration of 0.08 or more or any amount of a |
13 |
| drug, substance, or
compound resulting from the unlawful |
14 |
| use or consumption of cannabis as listed
in the Cannabis |
15 |
| Control Act, a controlled substance as listed in the |
16 |
| Illinois
Controlled Substances Act, an intoxicating |
17 |
| compound as listed in the Use of
Intoxicating Compounds |
18 |
| Act, or methamphetamine as listed in the Methamphetamine |
19 |
| Control and Community Protection Act, in which case the |
20 |
| penalty shall be
as prescribed in Section 6-208.1;
|
21 |
| 32. Has been convicted of Section 24-1.2 of the |
22 |
| Criminal Code of
1961 relating to the aggravated discharge |
23 |
| of a firearm if the offender was
located in a motor vehicle |
24 |
| at the time the firearm was discharged, in which
case the |
25 |
| suspension shall be for 3 years;
|
26 |
| 33. Has as a driver, who was less than 21 years of age |
|
|
|
SB2713 Engrossed |
- 8 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| on the date of
the offense, been convicted a first time of |
2 |
| a violation of paragraph (a) of
Section 11-502 of this Code |
3 |
| or a similar provision of a local ordinance;
|
4 |
| 34. Has committed a violation of Section 11-1301.5 of |
5 |
| this Code;
|
6 |
| 35. Has committed a violation of Section 11-1301.6 of |
7 |
| this Code;
|
8 |
| 36. Is under the age of 21 years at the time of arrest |
9 |
| and has been
convicted of not less than 2 offenses against |
10 |
| traffic regulations governing
the movement of vehicles |
11 |
| committed within any 24 month period. No revocation
or |
12 |
| suspension shall be entered more than 6 months after the |
13 |
| date of last
conviction;
|
14 |
| 37. Has committed a violation of subsection (c) of |
15 |
| Section 11-907 of this
Code that resulted in damage to the |
16 |
| property of another or the death or injury of another ;
|
17 |
| 38. Has been convicted of a violation of Section 6-20 |
18 |
| of the Liquor
Control Act of 1934 or a similar provision of |
19 |
| a local ordinance;
|
20 |
| 39. Has committed a second or subsequent violation of |
21 |
| Section
11-1201 of this Code;
|
22 |
| 40. Has committed a violation of subsection (a-1) of |
23 |
| Section 11-908 of
this Code; |
24 |
| 41. Has committed a second or subsequent violation of |
25 |
| Section 11-605.1 of this Code within 2 years of the date of |
26 |
| the previous violation, in which case the suspension shall |
|
|
|
SB2713 Engrossed |
- 9 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| be for 90 days; |
2 |
| 42. Has committed a violation of subsection (a-1) of |
3 |
| Section 11-1301.3 of this Code; or
|
4 |
| 43. Has received a disposition of court supervision for |
5 |
| a violation of subsection (a), (d), or (e) of Section 6-20 |
6 |
| of the Liquor
Control Act of 1934 or a similar provision of |
7 |
| a local ordinance, in which case the suspension shall be |
8 |
| for a period of 3 months ; .
|
9 |
| 44.
43. Is under the age of 21 years at the time of |
10 |
| arrest and has been convicted of an offense against traffic |
11 |
| regulations governing the movement of vehicles after |
12 |
| having previously had his or her driving privileges
been |
13 |
| suspended or revoked pursuant to subparagraph 36 of this |
14 |
| Section ; or . |
15 |
| 45.
43. Has, in connection with or during the course of |
16 |
| a formal hearing conducted under Section 2-118 of this |
17 |
| Code: (i) committed perjury; (ii) submitted fraudulent or |
18 |
| falsified documents; (iii) submitted documents that have |
19 |
| been materially altered; or (iv) , submitted , as his or her |
20 |
| own, documents that were in fact prepared or composed for |
21 |
| another person.
|
22 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
23 |
| and 27 of this
subsection, license means any driver's license, |
24 |
| any traffic ticket issued when
the person's driver's license is |
25 |
| deposited in lieu of bail, a suspension
notice issued by the |
26 |
| Secretary of State, a duplicate or corrected driver's
license, |
|
|
|
SB2713 Engrossed |
- 10 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| a probationary driver's license or a temporary driver's |
2 |
| license.
|
3 |
| (b) If any conviction forming the basis of a suspension or
|
4 |
| revocation authorized under this Section is appealed, the
|
5 |
| Secretary of State may rescind or withhold the entry of the |
6 |
| order of suspension
or revocation, as the case may be, provided |
7 |
| that a certified copy of a stay
order of a court is filed with |
8 |
| the Secretary of State. If the conviction is
affirmed on |
9 |
| appeal, the date of the conviction shall relate back to the |
10 |
| time
the original judgment of conviction was entered and the 6 |
11 |
| month limitation
prescribed shall not apply.
|
12 |
| (c) 1. Upon suspending or revoking the driver's license or |
13 |
| permit of
any person as authorized in this Section, the |
14 |
| Secretary of State shall
immediately notify the person in |
15 |
| writing of the revocation or suspension.
The notice to be |
16 |
| deposited in the United States mail, postage prepaid,
to the |
17 |
| last known address of the person.
|
18 |
| 2. If the Secretary of State suspends the driver's |
19 |
| license
of a person under subsection 2 of paragraph (a) of |
20 |
| this Section, a
person's privilege to operate a vehicle as |
21 |
| an occupation shall not be
suspended, provided an affidavit |
22 |
| is properly completed, the appropriate fee
received, and a |
23 |
| permit issued prior to the effective date of the
|
24 |
| suspension, unless 5 offenses were committed, at least 2 of |
25 |
| which occurred
while operating a commercial vehicle in |
26 |
| connection with the driver's
regular occupation. All other |
|
|
|
SB2713 Engrossed |
- 11 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| driving privileges shall be suspended by the
Secretary of |
2 |
| State. Any driver prior to operating a vehicle for
|
3 |
| occupational purposes only must submit the affidavit on |
4 |
| forms to be
provided by the Secretary of State setting |
5 |
| forth the facts of the person's
occupation. The affidavit |
6 |
| shall also state the number of offenses
committed while |
7 |
| operating a vehicle in connection with the driver's regular
|
8 |
| occupation. The affidavit shall be accompanied by the |
9 |
| driver's license.
Upon receipt of a properly completed |
10 |
| affidavit, the Secretary of State
shall issue the driver a |
11 |
| permit to operate a vehicle in connection with the
driver's |
12 |
| regular occupation only. Unless the permit is issued by the
|
13 |
| Secretary of State prior to the date of suspension, the |
14 |
| privilege to drive
any motor vehicle shall be suspended as |
15 |
| set forth in the notice that was
mailed under this Section. |
16 |
| If an affidavit is received subsequent to the
effective |
17 |
| date of this suspension, a permit may be issued for the |
18 |
| remainder
of the suspension period.
|
19 |
| The provisions of this subparagraph shall not apply to |
20 |
| any driver
required to possess a CDL for the purpose of |
21 |
| operating a commercial motor vehicle.
|
22 |
| Any person who falsely states any fact in the affidavit |
23 |
| required
herein shall be guilty of perjury under Section |
24 |
| 6-302 and upon conviction
thereof shall have all driving |
25 |
| privileges revoked without further rights.
|
26 |
| 3. At the conclusion of a hearing under Section 2-118 |
|
|
|
SB2713 Engrossed |
- 12 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| of this Code,
the Secretary of State shall either rescind |
2 |
| or continue an order of
revocation or shall substitute an |
3 |
| order of suspension; or, good
cause appearing therefor, |
4 |
| rescind, continue, change, or extend the
order of |
5 |
| suspension. If the Secretary of State does not rescind the |
6 |
| order,
the Secretary may upon application,
to relieve undue |
7 |
| hardship (as defined by the rules of the Secretary of |
8 |
| State), issue
a restricted driving permit granting the |
9 |
| privilege of driving a motor
vehicle between the |
10 |
| petitioner's residence and petitioner's place of
|
11 |
| employment or within the scope of the petitioner's |
12 |
| employment related duties, or to
allow transportation for |
13 |
| the petitioner, or a household member of the
petitioner's |
14 |
| family, to receive necessary medical care, provide |
15 |
| transportation to and from alcohol or drug
remedial or |
16 |
| rehabilitative activity recommended by a licensed service |
17 |
| provider, or for the petitioner to attend
classes, as a |
18 |
| student, in an accredited educational institution. The
|
19 |
| petitioner must demonstrate that no alternative means of
|
20 |
| transportation is reasonably available and that the |
21 |
| petitioner will not endanger
the public safety or welfare. |
22 |
| Those multiple offenders identified in subdivision (b)4 of |
23 |
| Section 6-208 of this Code, however, shall not be eligible |
24 |
| for the issuance of a restricted driving permit.
|
25 |
|
(A) If a person's license or permit is revoked or |
26 |
| suspended due to 2
or more convictions of violating |
|
|
|
SB2713 Engrossed |
- 13 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| Section 11-501 of this Code or a similar
provision of a |
2 |
| local ordinance or a similar out-of-state offense, or |
3 |
| Section 9-3 of the Criminal Code of 1961, where the use |
4 |
| of alcohol or other drugs is recited as an element of |
5 |
| the offense, or a similar out-of-state offense, or a |
6 |
| combination of these offenses, arising out
of separate |
7 |
| occurrences, that person, if issued a restricted |
8 |
| driving permit,
may not operate a vehicle unless it has |
9 |
| been equipped with an ignition
interlock device as |
10 |
| defined in Section 1-129.1.
|
11 |
| (B) If a person's license or permit is revoked or |
12 |
| suspended 2 or more
times within a 10 year period due |
13 |
| to any combination of: |
14 |
| (i) a single conviction of violating Section
|
15 |
| 11-501 of this Code or a similar provision of a |
16 |
| local ordinance or a similar
out-of-state offense |
17 |
| or Section 9-3 of the Criminal Code of 1961, where |
18 |
| the use of alcohol or other drugs is recited as an |
19 |
| element of the offense, or a similar out-of-state |
20 |
| offense; or |
21 |
| (ii) a statutory summary suspension under |
22 |
| Section
11-501.1; or |
23 |
| (iii) a suspension under Section 6-203.1 ; , |
24 |
| arising out of
separate occurrences ; , that person, if |
25 |
| issued a restricted driving permit, may
not operate a |
26 |
| vehicle unless it has been
equipped with an ignition |
|
|
|
SB2713 Engrossed |
- 14 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| interlock device as defined in Section 1-129.1. |
2 |
| (C)
The person must pay to the Secretary of State |
3 |
| DUI Administration Fund an amount
not to exceed $20 per |
4 |
| month. The Secretary shall establish by rule the amount
|
5 |
| and the procedures, terms, and conditions relating to |
6 |
| these fees. |
7 |
| (D) If the
restricted driving permit is issued for |
8 |
| employment purposes, then the prohibition against |
9 |
| operating a motor vehicle that is not equipped with an |
10 |
| ignition interlock device does not apply to the |
11 |
| operation of an occupational vehicle owned or
leased by |
12 |
| that person's employer when used solely for employment |
13 |
| purposes. |
14 |
| (E) In each case the Secretary may issue a
|
15 |
| restricted driving permit for a period deemed |
16 |
| appropriate, except that all
permits shall expire |
17 |
| within one year from the date of issuance. The |
18 |
| Secretary
may not, however, issue a restricted driving |
19 |
| permit to any person whose current
revocation is the |
20 |
| result of a second or subsequent conviction for a |
21 |
| violation
of Section 11-501 of this Code or a similar |
22 |
| provision of a local ordinance
or any similar |
23 |
| out-of-state offense, or Section 9-3 of the Criminal |
24 |
| Code of 1961, where the use of alcohol or other drugs |
25 |
| is recited as an element of the offense, or any similar |
26 |
| out-of-state offense, or any combination
of those |
|
|
|
SB2713 Engrossed |
- 15 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| offenses, until the expiration of at least one year |
2 |
| from the date of
the revocation. A
restricted driving |
3 |
| permit issued under this Section shall be subject to
|
4 |
| cancellation, revocation, and suspension by the |
5 |
| Secretary of State in like
manner and for like cause as |
6 |
| a driver's license issued under this Code may be
|
7 |
| cancelled, revoked, or suspended; except that a |
8 |
| conviction upon one or more
offenses against laws or |
9 |
| ordinances regulating the movement of traffic
shall be |
10 |
| deemed sufficient cause for the revocation, |
11 |
| suspension, or
cancellation of a restricted driving |
12 |
| permit. The Secretary of State may, as
a condition to |
13 |
| the issuance of a restricted driving permit, require |
14 |
| the
applicant to participate in a designated driver |
15 |
| remedial or rehabilitative
program. The Secretary of |
16 |
| State is authorized to cancel a restricted
driving |
17 |
| permit if the permit holder does not successfully |
18 |
| complete the program.
|
19 |
| (c-3) In the case of a suspension under paragraph 43 of |
20 |
| subsection (a), reports received by the Secretary of State |
21 |
| under this Section shall, except during the actual time the |
22 |
| suspension is in effect, be privileged information and for use |
23 |
| only by the courts, police officers, prosecuting authorities, |
24 |
| the driver licensing administrator of any other state, or the |
25 |
| Secretary of State. However, beginning January 1, 2008, if the |
26 |
| person is a CDL holder, the suspension shall also be made |
|
|
|
SB2713 Engrossed |
- 16 - |
LRB095 05854 LCT 25945 b |
|
|
1 |
| available to the driver licensing administrator of any other |
2 |
| state, the U.S. Department of Transportation, and the affected |
3 |
| driver or motor
carrier or prospective motor carrier upon |
4 |
| request.
|
5 |
| (c-4) In the case of a suspension under paragraph 43 of |
6 |
| subsection (a), the Secretary of State shall notify the person |
7 |
| by mail that his or her driving privileges and driver's license |
8 |
| will be suspended one month after the date of the mailing of |
9 |
| the notice.
|
10 |
| (c-5) The Secretary of State may, as a condition of the |
11 |
| reissuance of a
driver's license or permit to an applicant |
12 |
| whose driver's license or permit has
been suspended before he |
13 |
| or she reached the age of 18 years pursuant to any of
the |
14 |
| provisions of this Section, require the applicant to |
15 |
| participate in a
driver remedial education course and be |
16 |
| retested under Section 6-109 of this
Code.
|
17 |
| (d) This Section is subject to the provisions of the |
18 |
| Drivers License
Compact.
|
19 |
| (e) The Secretary of State shall not issue a restricted |
20 |
| driving permit to
a person under the age of 16 years whose |
21 |
| driving privileges have been suspended
or revoked under any |
22 |
| provisions of this Code.
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23 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of |
24 |
| State may not issue a restricted driving permit for the |
25 |
| operation of a commercial motor vehicle to a person holding a |
26 |
| CDL whose driving privileges have been suspended, revoked, |
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SB2713 Engrossed |
- 17 - |
LRB095 05854 LCT 25945 b |
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1 |
| cancelled, or disqualified under any provisions of this Code. |
2 |
| (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; |
3 |
| 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; |
4 |
| 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; |
5 |
| revised 2-7-08.)
|