Sen. John J. Cullerton
Filed: 4/28/2010
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3677
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3677 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 6-205 as follows:
| ||||||
6 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| ||||||
7 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
8 | Hardship cases.
| ||||||
9 | (a) Except as provided in this Section, the the Secretary | ||||||
10 | of State shall
immediately revoke the license, permit, or | ||||||
11 | driving privileges of
any driver upon receiving a
report of the | ||||||
12 | driver's conviction of any of the following offenses:
| ||||||
13 | 1. Reckless homicide resulting from the operation of a | ||||||
14 | motor vehicle;
| ||||||
15 | 2. Violation of Section 11-501 of this Code or a | ||||||
16 | similar provision of
a local ordinance relating to the |
| |||||||
| |||||||
1 | offense of operating or being in physical
control of a | ||||||
2 | vehicle while under the influence of alcohol, other drug or
| ||||||
3 | drugs, intoxicating compound or compounds, or any | ||||||
4 | combination thereof;
| ||||||
5 | 3. Any felony under the laws of any State or the | ||||||
6 | federal government
in the commission of which a motor | ||||||
7 | vehicle was used;
| ||||||
8 | 4. Violation of Section 11-401 of this Code relating to | ||||||
9 | the offense of
leaving the scene of a traffic accident | ||||||
10 | involving death or personal injury;
| ||||||
11 | 5. Perjury or the making of a false affidavit or | ||||||
12 | statement under
oath to the Secretary of State under this | ||||||
13 | Code or under any
other law relating to the ownership or | ||||||
14 | operation of motor vehicles;
| ||||||
15 | 6. Conviction upon 3 charges of violation of Section | ||||||
16 | 11-503 of this
Code relating to the offense of reckless | ||||||
17 | driving committed within a
period of 12 months;
| ||||||
18 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
19 | of this Code;
| ||||||
20 | 8. Violation of Section 11-504 of this Code relating to | ||||||
21 | the offense
of drag racing;
| ||||||
22 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
23 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
24 | 1961 arising from
the use of a motor vehicle;
| ||||||
25 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
26 | to aggravated
fleeing or attempting to elude a peace |
| |||||||
| |||||||
1 | officer;
| ||||||
2 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
3 | Section 6-507,
or a similar law of any other state, | ||||||
4 | relating to the
unlawful operation of a commercial motor | ||||||
5 | vehicle;
| ||||||
6 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
7 | this Code or a
similar provision of a local ordinance if | ||||||
8 | the driver has been previously
convicted of a violation of | ||||||
9 | that Section or a similar provision of a local
ordinance | ||||||
10 | and the driver was less than 21 years of age at the time of | ||||||
11 | the
offense;
| ||||||
12 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
13 | this Code or a similar provision of a local ordinance | ||||||
14 | relating to the offense of street racing;
| ||||||
15 | 15. A second or subsequent conviction of driving while | ||||||
16 | the person's driver's license, permit or privileges was | ||||||
17 | revoked for reckless homicide or a similar out-of-state | ||||||
18 | offense. | ||||||
19 | (b) The Secretary of State shall also immediately revoke | ||||||
20 | the license
or permit of any driver in the following | ||||||
21 | situations:
| ||||||
22 | 1. Of any minor upon receiving the notice provided for | ||||||
23 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
24 | minor has been
adjudicated under that Act as having | ||||||
25 | committed an offense relating to
motor vehicles prescribed | ||||||
26 | in Section 4-103 of this Code;
|
| |||||||
| |||||||
1 | 2. Of any person when any other law of this State | ||||||
2 | requires either the
revocation or suspension of a license | ||||||
3 | or permit;
| ||||||
4 | 3. Of any person adjudicated under the Juvenile Court | ||||||
5 | Act of 1987 based on an offense determined to have been | ||||||
6 | committed in furtherance of the criminal activities of an | ||||||
7 | organized gang as provided in Section 5-710 of that Act, | ||||||
8 | and that involved the operation or use of a motor vehicle | ||||||
9 | or the use of a driver's license or permit. The revocation | ||||||
10 | shall remain in effect for the period determined by the | ||||||
11 | court. Upon the direction of the court, the Secretary shall | ||||||
12 | issue the person a judicial driving permit, also known as a | ||||||
13 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
14 | issued under Section 6-206.1, except that the court may | ||||||
15 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
16 | effective immediately.
| ||||||
17 | (c)(1) Except as provided in subsection (c-5), whenever a | ||||||
18 | person is convicted of any of the offenses enumerated in
this | ||||||
19 | Section, the court may recommend and the Secretary of State in | ||||||
20 | his
discretion, without regard to whether the recommendation is | ||||||
21 | made by the
court may, upon application,
issue to the person a
| ||||||
22 | restricted driving permit granting the privilege of driving a | ||||||
23 | motor
vehicle between the petitioner's residence and | ||||||
24 | petitioner's place
of employment or within the scope of the | ||||||
25 | petitioner's employment related
duties, or to allow the | ||||||
26 | petitioner to transport himself or herself or a family member
|
| |||||||
| |||||||
1 | of the petitioner's household to a medical facility for the | ||||||
2 | receipt of necessary medical care or to allow the
petitioner to | ||||||
3 | transport himself or herself to and from alcohol or drug | ||||||
4 | remedial or rehabilitative activity recommended by a licensed | ||||||
5 | service provider, or to allow the
petitioner to transport | ||||||
6 | himself or herself or a family member of the petitioner's | ||||||
7 | household to classes, as a student, at an accredited | ||||||
8 | educational
institution, or to allow the petitioner to | ||||||
9 | transport children living in the petitioner's household to and | ||||||
10 | from daycare; if the petitioner is able to demonstrate that no | ||||||
11 | alternative means
of transportation is reasonably available | ||||||
12 | and that the petitioner will not endanger
the public safety or | ||||||
13 | welfare; provided that the Secretary's discretion shall be
| ||||||
14 | limited to cases where undue hardship, as defined by the rules | ||||||
15 | of the Secretary of State, would result from a failure to issue | ||||||
16 | the
restricted driving permit. Those multiple offenders | ||||||
17 | identified in subdivision (b)4 of Section 6-208 of this Code, | ||||||
18 | however, shall not be eligible for the issuance of a restricted | ||||||
19 | driving permit.
| ||||||
20 | (2) If a person's license or permit is revoked or | ||||||
21 | suspended due to 2 or
more convictions of violating Section | ||||||
22 | 11-501 of this Code or a similar
provision of a local | ||||||
23 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
24 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
25 | other drugs is recited as an element of the offense, or a | ||||||
26 | similar out-of-state offense, or a combination of these |
| |||||||
| |||||||
1 | offenses, arising out
of separate occurrences, that | ||||||
2 | person, if issued a restricted driving permit,
may not | ||||||
3 | operate a vehicle unless it has been equipped with an | ||||||
4 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
5 | (3) If:
| ||||||
6 | (A) a person's license or permit is revoked or | ||||||
7 | suspended 2 or more
times within a 10 year period due | ||||||
8 | to any combination of: | ||||||
9 | (i)
a single conviction of violating Section
| ||||||
10 | 11-501 of this Code or a similar provision of a | ||||||
11 | local ordinance or a similar
out-of-state offense, | ||||||
12 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
13 | the use of alcohol or other drugs is recited as an | ||||||
14 | element of the offense, or a similar out-of-state | ||||||
15 | offense; or | ||||||
16 | (ii)
a statutory summary suspension under | ||||||
17 | Section
11-501.1; or | ||||||
18 | (iii)
a suspension pursuant to Section | ||||||
19 | 6-203.1;
| ||||||
20 | arising out of
separate occurrences; or | ||||||
21 | (B)
a person has been convicted of one violation of | ||||||
22 | Section 6-303 of this Code committed while his or her | ||||||
23 | driver's license, permit, or privilege was revoked | ||||||
24 | because of a violation of Section 9-3 of the Criminal | ||||||
25 | Code of 1961, relating to the offense of reckless | ||||||
26 | homicide where the use of alcohol or other drugs was |
| |||||||
| |||||||
1 | recited as an element of the offense, or a similar | ||||||
2 | provision of a law of another state;
| ||||||
3 | that person, if issued a restricted
driving permit, may not | ||||||
4 | operate a vehicle unless it has been equipped with an
| ||||||
5 | ignition interlock device as defined in Section 1-129.1. | ||||||
6 | (4)
The person issued a permit conditioned on the use | ||||||
7 | of an ignition interlock device must pay to the Secretary | ||||||
8 | of State DUI Administration Fund an amount
not to exceed | ||||||
9 | $30 per month. The Secretary shall establish by rule the | ||||||
10 | amount
and the procedures, terms, and conditions relating | ||||||
11 | to these fees. | ||||||
12 | (5)
If the restricted driving permit is issued for | ||||||
13 | employment purposes, then
the prohibition against | ||||||
14 | operating a motor vehicle that is not equipped with an | ||||||
15 | ignition interlock device does not apply to the operation | ||||||
16 | of an occupational vehicle
owned or leased by that person's | ||||||
17 | employer when used solely for employment purposes. | ||||||
18 | (6)
In each case the Secretary of State may issue a
| ||||||
19 | restricted driving permit for a period he deems | ||||||
20 | appropriate, except that the
permit shall expire within one | ||||||
21 | year from the date of issuance. The Secretary
may not, | ||||||
22 | however, issue a restricted driving permit to any person | ||||||
23 | whose current
revocation is the result of a second or | ||||||
24 | subsequent conviction for a violation
of Section 11-501 of | ||||||
25 | this Code or a similar provision of a local ordinance
or | ||||||
26 | any similar out-of-state offense, or Section 9-3 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961, where the use of alcohol or other | ||||||
2 | drugs is recited as an element of the offense, or any | ||||||
3 | similar out-of-state offense, or any combination of these | ||||||
4 | offenses, until the expiration of at least one year from | ||||||
5 | the date of the
revocation. A restricted
driving permit | ||||||
6 | issued under this Section shall be
subject to cancellation, | ||||||
7 | revocation, and suspension by the Secretary of
State in | ||||||
8 | like manner and for like cause as a driver's license issued
| ||||||
9 | under this Code may be cancelled, revoked, or
suspended; | ||||||
10 | except that a conviction upon one or more offenses against | ||||||
11 | laws or
ordinances regulating the movement of traffic shall | ||||||
12 | be deemed sufficient cause
for the revocation, suspension, | ||||||
13 | or cancellation of a restricted driving permit.
The | ||||||
14 | Secretary of State may, as a condition to the issuance of a | ||||||
15 | restricted
driving permit, require the petitioner to | ||||||
16 | participate in a designated driver
remedial or | ||||||
17 | rehabilitative program. The Secretary of State is | ||||||
18 | authorized to
cancel a restricted driving permit if the | ||||||
19 | permit holder does not successfully
complete the program. | ||||||
20 | However, if an individual's driving privileges have been
| ||||||
21 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
22 | of this Section, no
restricted driving permit shall be | ||||||
23 | issued until the individual has served 6
months of the | ||||||
24 | revocation period.
| ||||||
25 | (c-5) (Blank).
| ||||||
26 | (c-6) If a person is convicted of a second violation of |
| |||||||
| |||||||
1 | operating a motor vehicle while the person's driver's license, | ||||||
2 | permit or privilege was revoked, where the revocation was for a | ||||||
3 | violation of Section 9-3 of the Criminal Code of 1961 relating | ||||||
4 | to the offense of reckless homicide or a similar out-of-state | ||||||
5 | offense, the person's driving privileges shall be revoked | ||||||
6 | pursuant to subdivision (a)(15) of this Section. The person may | ||||||
7 | not make application for a license or permit until the | ||||||
8 | expiration of five years from the effective date of the | ||||||
9 | revocation or the expiration of five years from the date of | ||||||
10 | release from a term of imprisonment, whichever is later. | ||||||
11 | (c-7) If a person is convicted of a third or subsequent | ||||||
12 | violation of operating a motor vehicle while the person's | ||||||
13 | driver's license, permit or privilege was revoked, where the | ||||||
14 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
15 | Code of 1961 relating to the offense of reckless homicide or a | ||||||
16 | similar out-of-state offense, the person may never apply for a | ||||||
17 | license or permit. | ||||||
18 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
19 | under Section
11-501 of this Code or a similar provision of a | ||||||
20 | local ordinance or a similar out-of-state offense, the
| ||||||
21 | Secretary of State shall revoke the driving privileges of that | ||||||
22 | person. One
year after the date of revocation, and upon | ||||||
23 | application, the Secretary of
State may, if satisfied that the | ||||||
24 | person applying will not endanger the
public safety or welfare, | ||||||
25 | issue a restricted driving permit granting the
privilege of | ||||||
26 | driving a motor vehicle only between the hours of 5 a.m. and 9
|
| |||||||
| |||||||
1 | p.m. or as otherwise provided by this Section for a period of | ||||||
2 | one year.
After this one year period, and upon reapplication | ||||||
3 | for a license as
provided in Section 6-106, upon payment of the | ||||||
4 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
5 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
6 | reinstate the petitioner's driver's license and driving | ||||||
7 | privileges, or extend the restricted driving permit as many | ||||||
8 | times as the
Secretary of State deems appropriate, by | ||||||
9 | additional periods of not more than
12 months each.
| ||||||
10 | (2) If a person's license or permit is revoked or | ||||||
11 | suspended due to 2 or
more convictions of violating Section | ||||||
12 | 11-501 of this Code or a similar
provision of a local | ||||||
13 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
14 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
15 | other drugs is recited as an element of the offense, or a | ||||||
16 | similar out-of-state offense, or a combination of these | ||||||
17 | offenses, arising out
of separate occurrences, that | ||||||
18 | person, if issued a restricted driving permit,
may not | ||||||
19 | operate a vehicle unless it has been equipped with an | ||||||
20 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
21 | (3) If a person's license or permit is revoked or | ||||||
22 | suspended 2 or more times
within a 10 year period due to | ||||||
23 | any combination of: | ||||||
24 | (A) a single conviction of violating Section | ||||||
25 | 11-501
of this
Code or a similar provision of a local | ||||||
26 | ordinance or a similar out-of-state
offense, or |
| |||||||
| |||||||
1 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
2 | of alcohol or other drugs is recited as an element of | ||||||
3 | the offense, or a similar out-of-state offense; or | ||||||
4 | (B)
a statutory summary suspension under Section | ||||||
5 | 11-501.1; or | ||||||
6 | (C) a suspension pursuant to Section 6-203.1; | ||||||
7 | arising out of separate occurrences, that person, if issued | ||||||
8 | a
restricted
driving permit, may not operate a vehicle | ||||||
9 | unless it has been equipped with an
ignition interlock | ||||||
10 | device as defined in Section 1-129.1. | ||||||
11 | (4)
The person issued a permit conditioned upon the use | ||||||
12 | of an interlock device must pay to the Secretary of State | ||||||
13 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
14 | month. The Secretary shall establish by rule the amount
and | ||||||
15 | the procedures, terms, and conditions relating to these | ||||||
16 | fees. | ||||||
17 | (5)
If the restricted driving permit is issued for | ||||||
18 | employment purposes, then
the prohibition against driving | ||||||
19 | a vehicle that is not equipped with an ignition interlock | ||||||
20 | device does not apply to the operation of an occupational | ||||||
21 | vehicle
owned or leased by that person's employer when used | ||||||
22 | solely for employment purposes. | ||||||
23 | (6) A
restricted driving permit issued under this | ||||||
24 | Section shall be subject to
cancellation, revocation, and | ||||||
25 | suspension by the Secretary of State in like
manner and for | ||||||
26 | like cause as a driver's license issued under this Code may |
| |||||||
| |||||||
1 | be
cancelled, revoked, or suspended; except that a | ||||||
2 | conviction upon one or more
offenses against laws or | ||||||
3 | ordinances regulating the movement of traffic
shall be | ||||||
4 | deemed sufficient cause for the revocation, suspension, or
| ||||||
5 | cancellation of a restricted driving permit.
| ||||||
6 | (d-5) The revocation of the license, permit, or driving | ||||||
7 | privileges of a person convicted of a third or subsequent | ||||||
8 | violation of Section 6-303 of this Code committed while his or | ||||||
9 | her driver's license, permit, or privilege was revoked because | ||||||
10 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
11 | relating to the offense of reckless homicide, or a similar | ||||||
12 | provision of a law of another state, is permanent. The | ||||||
13 | Secretary may not, at any time, issue a license or permit to | ||||||
14 | that person.
| ||||||
15 | (e) This Section is subject to the provisions of the Driver | ||||||
16 | License
Compact.
| ||||||
17 | (f) Any revocation imposed upon any person under | ||||||
18 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
19 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
20 | period of time.
| ||||||
21 | (g) The Secretary of State shall not issue a restricted | ||||||
22 | driving permit to
a person under the age of 16 years whose | ||||||
23 | driving privileges have been revoked
under any provisions of | ||||||
24 | this Code.
| ||||||
25 | (h) The Secretary of State shall require the use of | ||||||
26 | ignition interlock
devices on all vehicles owned by a person |
| |||||||
| |||||||
1 | who has been convicted of a
second or subsequent offense under | ||||||
2 | Section 11-501 of this Code or a similar
provision of a local | ||||||
3 | ordinance. The person must pay to the Secretary of State DUI | ||||||
4 | Administration Fund an amount not to exceed $30 for each month | ||||||
5 | that he or she uses the device. The Secretary shall establish | ||||||
6 | by rule and
regulation the procedures for certification and use | ||||||
7 | of the interlock
system, the amount of the fee, and the | ||||||
8 | procedures, terms, and conditions relating to these fees.
| ||||||
9 | (i) (Blank).
| ||||||
10 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
11 | State may not issue a restricted driving permit for the | ||||||
12 | operation of a commercial motor vehicle to a person holding a | ||||||
13 | CDL whose driving privileges have been revoked, suspended, | ||||||
14 | cancelled, or disqualified under any provisions of this Code.
| ||||||
15 | (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377, | ||||||
16 | eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848, | ||||||
17 | eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; | ||||||
18 | 96-607, eff. 8-24-09.)".
|