093_HB0092eng

 
HB0092 Engrossed                      LRB093 02382 RLC 02390b

 1        AN ACT in relation to vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 5    changing Sections  6-205,  6-206,  11-204,  and  11-204.1  as
 6    follows:

 7        (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
 8        Sec.  6-205.  Mandatory  revocation of license or permit;
 9    Hardship cases.
10        (a)  Except as provided in this Section, the Secretary of
11    State  shall  immediately  revoke  the  license,  permit,  or
12    driving privileges of any driver upon receiving a  report  of
13    the driver's conviction of any of the following offenses:
14             1.  Reckless  homicide  resulting from the operation
15        of a motor vehicle;
16             2.  Violation of Section 11-501 of this  Code  or  a
17        similar  provision  of  a local ordinance relating to the
18        offense of operating or being in physical  control  of  a
19        vehicle  while under the influence of alcohol, other drug
20        or drugs, intoxicating  compound  or  compounds,  or  any
21        combination thereof;
22             3.  Any  felony  under  the laws of any State or the
23        federal government in the commission  of  which  a  motor
24        vehicle was used;
25             4.  Violation   of   Section  11-401  of  this  Code
26        relating to the offense of leaving the scene of a traffic
27        accident involving death or personal injury;
28             5.  Perjury or the making of a  false  affidavit  or
29        statement under oath to the Secretary of State under this
30        Code  or under any other law relating to the ownership or
31        operation of motor vehicles;
 
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 1             6.  Conviction  upon  3  charges  of  violation   of
 2        Section  11-503  of  this Code relating to the offense of
 3        reckless driving committed within a period of 12 months;
 4             7.  Conviction of any  offense  defined  in  Section
 5        4-102 of this Code;
 6             8.  Violation   of   Section  11-504  of  this  Code
 7        relating to the offense of drag racing;
 8             9.  Violation of Chapters 8 and 9 of this Code;
 9             10.  Violation of Section 12-5 of the Criminal  Code
10        of 1961 arising from the use of a motor vehicle;
11             11.  Violation  of  Section  11-204.1  of  this Code
12        relating to aggravated fleeing or attempting to  elude  a
13        peace police officer;
14             12.  Violation of paragraph (1) of subsection (b) of
15        Section  6-507,  or  a  similar  law  of any other state,
16        relating to the unlawful operation of a commercial  motor
17        vehicle;
18             13.  Violation of paragraph (a) of Section 11-502 of
19        this  Code or a similar provision of a local ordinance if
20        the driver has been previously convicted of  a  violation
21        of  that  Section  or  a  similar  provision  of  a local
22        ordinance and the driver was less than 21 years of age at
23        the time of the offense.
24        (b)  The Secretary of State shall also immediately revoke
25    the  license  or  permit  of  any  driver  in  the  following
26    situations:
27             1.  Of any minor upon receiving the notice  provided
28        for  in  Section  5-901 of the Juvenile Court Act of 1987
29        that the minor has been adjudicated  under  that  Act  as
30        having  committed  an  offense relating to motor vehicles
31        prescribed in Section 4-103 of this Code;
32             2.  Of any person when any other law of  this  State
33        requires either the revocation or suspension of a license
34        or permit.
 
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 1        (c)  Whenever  a  person  is  convicted  of  any  of  the
 2    offenses  enumerated in this Section, the court may recommend
 3    and the Secretary of State in his discretion, without  regard
 4    to  whether the recommendation is made by the court may, upon
 5    application, issue to the person a restricted driving  permit
 6    granting the privilege of driving a motor vehicle between the
 7    petitioner's  residence  and petitioner's place of employment
 8    or within the scope of the  petitioner's  employment  related
 9    duties,  or  to  allow transportation for the petitioner or a
10    household member of the petitioner's family for  the  receipt
11    of  necessary medical care or, if the professional evaluation
12    indicates, provide  transportation  for  the  petitioner  for
13    alcohol  remedial  or  rehabilitative  activity,  or  for the
14    petitioner to attend classes, as a student, in an  accredited
15    educational   institution;  if  the  petitioner  is  able  to
16    demonstrate that no alternative means  of  transportation  is
17    reasonably available and the petitioner will not endanger the
18    public  safety  or  welfare;  provided  that  the Secretary's
19    discretion shall be limited to  cases  where  undue  hardship
20    would  result  from a failure to issue the restricted driving
21    permit.
22        If a person's license  or  permit  has  been  revoked  or
23    suspended  due  to 2 or more convictions of violating Section
24    11-501 of this  Code  or  a  similar  provision  of  a  local
25    ordinance  or  a similar out-of-state offense, arising out of
26    separate occurrences, that person,  if  issued  a  restricted
27    driving  permit, may not operate a vehicle unless it has been
28    equipped with an ignition  interlock  device  as  defined  in
29    Section 1-129.1.
30        If  a  person's  license  or  permit  has been revoked or
31    suspended 2 or more times within a 10 year period  due  to  a
32    single conviction of violating Section 11-501 of this Code or
33    a  similar  provision  of  a  local  ordinance  or  a similar
34    out-of-state offense,  and  a  statutory  summary  suspension
 
HB0092 Engrossed            -4-       LRB093 02382 RLC 02390b
 1    under  Section  11-501.1,  or  2  or  more  statutory summary
 2    suspensions, or combination of 2 offenses, or of  an  offense
 3    and  a  statutory summary suspension, arising out of separate
 4    occurrences, that person,  if  issued  a  restricted  driving
 5    permit, may not operate a vehicle unless it has been equipped
 6    with  an  ignition  interlock  device  as  defined in Section
 7    1-129.1.  The person must pay to the Secretary of  State  DUI
 8    Administration  Fund  an  amount not to exceed $20 per month.
 9    The Secretary shall establish by  rule  the  amount  and  the
10    procedures,  terms, and conditions relating to these fees. If
11    the restricted  driving  permit  was  issued  for  employment
12    purposes, then this provision does not apply to the operation
13    of  an  occupational vehicle owned or leased by that person's
14    employer.  In each case the Secretary of State  may  issue  a
15    restricted  driving permit for a period he deems appropriate,
16    except that the permit shall expire within one year from  the
17    date  of  issuance.  The  Secretary may not, however, issue a
18    restricted  driving  permit  to  any  person  whose   current
19    revocation is the result of a second or subsequent conviction
20    for  a  violation of Section 11-501 of this Code or a similar
21    provision of a local ordinance relating  to  the  offense  of
22    operating  or  being  in  physical control of a motor vehicle
23    while under the influence of alcohol, other  drug  or  drugs,
24    intoxicating   compound   or   compounds,   or   any  similar
25    out-of-state offense, or any combination thereof,  until  the
26    expiration  of  at  least  one  year  from  the  date  of the
27    revocation.  A restricted driving permit  issued  under  this
28    Section  shall  be  subject  to cancellation, revocation, and
29    suspension by the Secretary of State in like manner  and  for
30    like  cause  as a driver's license issued under this Code may
31    be cancelled, revoked, or suspended; except that a conviction
32    upon  one  or  more  offenses  against  laws  or   ordinances
33    regulating the movement of traffic shall be deemed sufficient
34    cause  for  the  revocation, suspension, or cancellation of a
 
HB0092 Engrossed            -5-       LRB093 02382 RLC 02390b
 1    restricted driving permit. The Secretary of State may,  as  a
 2    condition  to  the  issuance  of a restricted driving permit,
 3    require the applicant to participate in a  designated  driver
 4    remedial or rehabilitative program. The Secretary of State is
 5    authorized  to  cancel  a  restricted  driving  permit if the
 6    permit holder does not  successfully  complete  the  program.
 7    However,  if  an  individual's  driving  privileges have been
 8    revoked in accordance with paragraph 13 of subsection (a)  of
 9    this  Section,  no  restricted driving permit shall be issued
10    until the individual has served 6 months  of  the  revocation
11    period.
12        (d)  Whenever  a  person under the age of 21 is convicted
13    under Section 11-501 of this Code or a similar provision of a
14    local ordinance, the Secretary  of  State  shall  revoke  the
15    driving  privileges  of that person.  One year after the date
16    of revocation, and upon application, the Secretary  of  State
17    may,  if satisfied that the person applying will not endanger
18    the public safety or  welfare,  issue  a  restricted  driving
19    permit granting the privilege of driving a motor vehicle only
20    between  the  hours  of  5  a.m.  and  9 p.m. or as otherwise
21    provided by this Section for a period of  one  year.    After
22    this one year period, and upon reapplication for a license as
23    provided  in  Section  6-106, upon payment of the appropriate
24    reinstatement fee provided under  paragraph  (b)  of  Section
25    6-118,  the  Secretary of State, in his discretion, may issue
26    the applicant a license, or  extend  the  restricted  driving
27    permit  as  many  times  as  the  Secretary  of  State  deems
28    appropriate, by additional periods of not more than 12 months
29    each, until the applicant attains 21 years of age.
30        If  a  person's  license  or  permit  has been revoked or
31    suspended due to 2 or more convictions of  violating  Section
32    11-501  of  this  Code  or  a  similar  provision  of a local
33    ordinance or a similar out-of-state offense, arising  out  of
34    separate  occurrences,  that  person,  if issued a restricted
 
HB0092 Engrossed            -6-       LRB093 02382 RLC 02390b
 1    driving permit, may not operate a vehicle unless it has  been
 2    equipped  with  an  ignition  interlock  device as defined in
 3    Section 1-129.1.
 4        If a person's license  or  permit  has  been  revoked  or
 5    suspended  2  or  more times within a 10 year period due to a
 6    single conviction of violating Section 11-501 of this Code or
 7    a similar  provision  of  a  local  ordinance  or  a  similar
 8    out-of-state  offense,  and  a  statutory  summary suspension
 9    under Section  11-501.1,  or  2  or  more  statutory  summary
10    suspensions,  or  combination of 2 offenses, or of an offense
11    and a statutory summary suspension, arising out  of  separate
12    occurrences,  that  person,  if  issued  a restricted driving
13    permit, may not operate a vehicle unless it has been equipped
14    with an ignition  interlock  device  as  defined  in  Section
15    1-129.1.  The  person  must pay to the Secretary of State DUI
16    Administration Fund an amount not to exceed  $20  per  month.
17    The  Secretary  shall  establish  by  rule the amount and the
18    procedures, terms, and conditions relating to these fees.  If
19    the  restricted  driving  permit  was  issued  for employment
20    purposes, then this provision does not apply to the operation
21    of an occupational vehicle owned or leased by  that  person's
22    employer.   A  restricted  driving  permit  issued under this
23    Section shall be subject  to  cancellation,  revocation,  and
24    suspension  by  the Secretary of State in like manner and for
25    like cause as a driver's license issued under this  Code  may
26    be cancelled, revoked, or suspended; except that a conviction
27    upon   one  or  more  offenses  against  laws  or  ordinances
28    regulating the movement of traffic shall be deemed sufficient
29    cause for the revocation, suspension, or  cancellation  of  a
30    restricted  driving permit.  The revocation periods contained
31    in this subparagraph  shall  apply  to  similar  out-of-state
32    convictions.
33        (e)  This  Section  is  subject  to the provisions of the
34    Driver License Compact.
 
HB0092 Engrossed            -7-       LRB093 02382 RLC 02390b
 1        (f)  Any  revocation  imposed  upon  any   person   under
 2    subsections  2  and  3  of paragraph (b) that is in effect on
 3    December 31, 1988 shall be converted to a  suspension  for  a
 4    like period of time.
 5        (g)  The  Secretary of State shall not issue a restricted
 6    driving permit to a person under the age of  16  years  whose
 7    driving  privileges have been revoked under any provisions of
 8    this Code.
 9        (h)  The Secretary of State  shall  require  the  use  of
10    ignition  interlock  devices  on  all  vehicles  owned  by an
11    individual who has been convicted of a second  or  subsequent
12    offense  under  Section  11-501  of  this  Code  or a similar
13    provision  of  a  local  ordinance.   The   Secretary   shall
14    establish   by   rule   and  regulation  the  procedures  for
15    certification and use of the interlock system.
16        (i)  The Secretary of State may not  issue  a  restricted
17    driving  permit  for  a  period of one year after a second or
18    subsequent revocation  of  driving  privileges  under  clause
19    (a)(2) of this Section; however, one year after the date of a
20    second  or  subsequent revocation of driving privileges under
21    clause (a)(2) of this Section, the Secretary  of  State  may,
22    upon application, issue a restricted driving permit under the
23    terms and conditions of subsection (c).
24    (Source: P.A.  91-357,  eff.  7-29-99;  92-248,  eff. 8-3-01;
25    92-418, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-834,  eff.
26    8-22-02.)

27        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
28        Sec. 6-206.  Discretionary authority to suspend or revoke
29    license or permit; Right to a hearing.
30        (a)  The  Secretary  of State is authorized to suspend or
31    revoke  the  driving  privileges  of   any   person   without
32    preliminary hearing upon a showing of the person's records or
33    other sufficient evidence that the person:
 
HB0092 Engrossed            -8-       LRB093 02382 RLC 02390b
 1             1.  Has  committed  an  offense  for which mandatory
 2        revocation of a driver's license or  permit  is  required
 3        upon conviction;
 4             2.  Has  been  convicted of not less than 3 offenses
 5        against traffic regulations  governing  the  movement  of
 6        vehicles  committed  within  any  12  month  period.   No
 7        revocation  or  suspension  shall  be entered more than 6
 8        months after the date of last conviction;
 9             3.  Has been repeatedly  involved  as  a  driver  in
10        motor vehicle collisions or has been repeatedly convicted
11        of  offenses  against  laws and ordinances regulating the
12        movement of traffic, to a degree that indicates  lack  of
13        ability  to  exercise ordinary and reasonable care in the
14        safe operation of a motor vehicle or disrespect  for  the
15        traffic  laws  and  the  safety of other persons upon the
16        highway;
17             4.  Has by the unlawful operation of a motor vehicle
18        caused or contributed to an accident resulting  in  death
19        or injury requiring immediate professional treatment in a
20        medical facility or doctor's office to any person, except
21        that   any   suspension  or  revocation  imposed  by  the
22        Secretary  of  State  under  the   provisions   of   this
23        subsection shall start no later than 6 months after being
24        convicted  of violating a law or ordinance regulating the
25        movement of traffic, which violation is  related  to  the
26        accident, or shall start not more than one year after the
27        date of the accident, whichever date occurs later;
28             5.  Has permitted an unlawful or fraudulent use of a
29        driver's license, identification card, or permit;
30             6.  Has  been  lawfully  convicted  of an offense or
31        offenses in another state,  including  the  authorization
32        contained  in  Section 6-203.1, which if committed within
33        this State would be grounds for suspension or revocation;
34             7.  Has  refused  or  failed   to   submit   to   an
 
HB0092 Engrossed            -9-       LRB093 02382 RLC 02390b
 1        examination  provided  for by Section 6-207 or has failed
 2        to pass the examination;
 3             8.  Is ineligible for a driver's license  or  permit
 4        under the provisions of Section 6-103;
 5             9.  Has   made   a   false  statement  or  knowingly
 6        concealed a material fact or has used  false  information
 7        or  identification  in  any  application  for  a license,
 8        identification card, or permit;
 9             10.  Has  possessed,  displayed,  or  attempted   to
10        fraudulently  use  any  license,  identification card, or
11        permit not issued to the person;
12             11.  Has operated a motor vehicle upon a highway  of
13        this   State  when  the  person's  driving  privilege  or
14        privilege to obtain a  driver's  license  or  permit  was
15        revoked  or suspended unless the operation was authorized
16        by a judicial driving  permit,  probationary  license  to
17        drive,  or  a restricted driving permit issued under this
18        Code;
19             12.  Has submitted to any portion of the application
20        process for another person or has obtained  the  services
21        of  another  person  to  submit  to  any  portion  of the
22        application  process  for  the  purpose  of  obtaining  a
23        license, identification card, or permit  for  some  other
24        person;
25             13.  Has  operated a motor vehicle upon a highway of
26        this State when the person's driver's license  or  permit
27        was  invalid under the provisions of Sections 6-107.1 and
28        6-110;
29             14.  Has committed a  violation  of  Section  6-301,
30        6-301.1,  or  6-301.2 of this Act, or Section 14, 14A, or
31        14B of the Illinois Identification Card Act;
32             15.  Has been convicted of violating Section 21-2 of
33        the Criminal Code of 1961 relating to  criminal  trespass
34        to  vehicles  in  which case, the suspension shall be for
 
HB0092 Engrossed            -10-      LRB093 02382 RLC 02390b
 1        one year;
 2             16.  Has been convicted of violating Section  11-204
 3        of  this  Code  relating  to  fleeing from a peace police
 4        officer;
 5             17.  Has refused to submit to a test, or  tests,  as
 6        required  under  Section  11-501.1  of  this Code and the
 7        person has not  sought  a  hearing  as  provided  for  in
 8        Section 11-501.1;
 9             18.  Has,  since  issuance  of a driver's license or
10        permit, been adjudged to be afflicted with  or  suffering
11        from any mental disability or disease;
12             19.  Has  committed  a violation of paragraph (a) or
13        (b) of  Section  6-101  relating  to  driving  without  a
14        driver's license;
15             20.  Has  been  convicted of violating Section 6-104
16        relating to classification of driver's license;
17             21.  Has been convicted of violating Section  11-402
18        of this Code relating to leaving the scene of an accident
19        resulting  in damage to a vehicle in excess of $1,000, in
20        which case the suspension shall be for one year;
21             22.  Has used a motor vehicle in violating paragraph
22        (3), (4), (7), or (9) of subsection (a) of  Section  24-1
23        of  the Criminal Code of 1961 relating to unlawful use of
24        weapons, in which case the suspension shall  be  for  one
25        year;
26             23.  Has,  as a driver, been convicted of committing
27        a violation of paragraph (a) of Section  11-502  of  this
28        Code for a second or subsequent time within one year of a
29        similar violation;
30             24.  Has   been  convicted  by  a  court-martial  or
31        punished   by   non-judicial   punishment   by   military
32        authorities  of  the  United   States   at   a   military
33        installation  in  Illinois  of  or  for a traffic related
34        offense that is the same as  or  similar  to  an  offense
 
HB0092 Engrossed            -11-      LRB093 02382 RLC 02390b
 1        specified under Section 6-205 or 6-206 of this Code;
 2             25.  Has  permitted any form of identification to be
 3        used by another in the application process  in  order  to
 4        obtain  or  attempt  to  obtain a license, identification
 5        card, or permit;
 6             26.  Has altered or attempted to alter a license  or
 7        has possessed an altered license, identification card, or
 8        permit;
 9             27.  Has violated Section 6-16 of the Liquor Control
10        Act of 1934;
11             28.  Has  been  convicted of the illegal possession,
12        while operating or  in  actual  physical  control,  as  a
13        driver,  of  a motor vehicle, of any controlled substance
14        prohibited under the Illinois Controlled  Substances  Act
15        or  any  cannabis  prohibited under the provisions of the
16        Cannabis Control Act, in which case the person's  driving
17        privileges  shall  be  suspended  for  one  year, and any
18        driver  who  is  convicted  of  a  second  or  subsequent
19        offense, within 5 years of a previous conviction, for the
20        illegal possession, while operating or in actual physical
21        control,  as  a  driver,  of  a  motor  vehicle,  of  any
22        controlled substance prohibited under the  provisions  of
23        the  Illinois  Controlled  Substances Act or any cannabis
24        prohibited  under  the  Cannabis  Control  Act  shall  be
25        suspended for 5 years. Any defendant found guilty of this
26        offense while operating a motor vehicle,  shall  have  an
27        entry  made  in  the  court record by the presiding judge
28        that this offense  did  occur  while  the  defendant  was
29        operating  a  motor  vehicle  and  order the clerk of the
30        court to report the violation to the Secretary of State;
31             29.  Has been convicted of  the  following  offenses
32        that  were committed while the person was operating or in
33        actual physical control, as a driver, of a motor vehicle:
34        criminal  sexual  assault,  predatory   criminal   sexual
 
HB0092 Engrossed            -12-      LRB093 02382 RLC 02390b
 1        assault  of  a child, aggravated criminal sexual assault,
 2        criminal sexual abuse, aggravated criminal sexual  abuse,
 3        juvenile  pimping,  soliciting  for a juvenile prostitute
 4        and the  manufacture,  sale  or  delivery  of  controlled
 5        substances  or  instruments  used for illegal drug use or
 6        abuse in which case the driver's driving privileges shall
 7        be suspended for one year;
 8             30.  Has been convicted a second or subsequent  time
 9        for any combination of the offenses named in paragraph 29
10        of  this  subsection,  in which case the person's driving
11        privileges shall be suspended for 5 years;
12             31.  Has refused to submit to a test as required  by
13        Section  11-501.6 or has submitted to a test resulting in
14        an alcohol concentration of 0.08 or more or any amount of
15        a  drug,  substance,  or  compound  resulting  from   the
16        unlawful  use or consumption of cannabis as listed in the
17        Cannabis Control Act, a controlled substance as listed in
18        the   Illinois   Controlled   Substances   Act,   or   an
19        intoxicating  compound  as   listed   in   the   Use   of
20        Intoxicating  Compounds  Act,  in  which case the penalty
21        shall be as prescribed in Section 6-208.1;
22             32.  Has been convicted of  Section  24-1.2  of  the
23        Criminal   Code   of  1961  relating  to  the  aggravated
24        discharge of a firearm if the offender was located  in  a
25        motor  vehicle at the time the firearm was discharged, in
26        which case the suspension shall be for 3 years;
27             33.  Has as  a driver, who was less than 21 years of
28        age on the date of the offense, been  convicted  a  first
29        time of a violation of paragraph (a) of Section 11-502 of
30        this Code or a similar provision of a local ordinance;
31             34.  Has  committed a violation of Section 11-1301.5
32        of this Code;
33             35.  Has committed a violation of Section  11-1301.6
34        of this Code;
 
HB0092 Engrossed            -13-      LRB093 02382 RLC 02390b
 1             36.  Is  under  the  age  of 21 years at the time of
 2        arrest and has been convicted of not less than 2 offenses
 3        against traffic regulations  governing  the  movement  of
 4        vehicles  committed  within  any  24  month  period.   No
 5        revocation  or  suspension  shall  be entered more than 6
 6        months after the date of last conviction;
 7             37.  Has committed a violation of subsection (c)  of
 8        Section 11-907 of this Code; or
 9             38.  Has  been  convicted  of a violation of Section
10        6-20 of the Liquor Control  Act  of  1934  or  a  similar
11        provision of a local ordinance; or.
12             39.   38.  Has  committed  a  second  or  subsequent
13        violation of Section 11-1201 of this Code.
14        For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
15    and  27  of  this  subsection,  license  means  any  driver's
16    license, any traffic ticket issued when the person's driver's
17    license  is  deposited  in  lieu of bail, a suspension notice
18    issued by the Secretary of State, a  duplicate  or  corrected
19    driver's  license,  a  probationary  driver's  license  or  a
20    temporary driver's license.
21        (b)  If  any conviction forming the basis of a suspension
22    or revocation authorized under this Section is appealed,  the
23    Secretary  of  State may rescind or withhold the entry of the
24    order of suspension  or  revocation,  as  the  case  may  be,
25    provided  that a certified copy of a stay order of a court is
26    filed with the Secretary of  State.   If  the  conviction  is
27    affirmed  on  appeal, the date of the conviction shall relate
28    back to the time the  original  judgment  of  conviction  was
29    entered  and  the  6  month  limitation  prescribed shall not
30    apply.
31         (c) 1.  Upon suspending or revoking the driver's license
32        or permit of any person as authorized  in  this  Section,
33        the  Secretary  of  State  shall  immediately  notify the
34        person in writing of the revocation  or  suspension.  The
 
HB0092 Engrossed            -14-      LRB093 02382 RLC 02390b
 1        notice to be deposited in the United States mail, postage
 2        prepaid, to the last known address of the person.
 3             2.  If  the Secretary of State suspends the driver's
 4        license of a person under subsection 2 of  paragraph  (a)
 5        of  this  Section,  a  person's  privilege  to  operate a
 6        vehicle as an occupation shall not be suspended, provided
 7        an affidavit is properly completed, the  appropriate  fee
 8        received, and a permit issued prior to the effective date
 9        of  the  suspension, unless 5 offenses were committed, at
10        least 2 of which occurred while  operating  a  commercial
11        vehicle   in   connection   with   the  driver's  regular
12        occupation.  All  other  driving  privileges   shall   be
13        suspended  by the Secretary of State. Any driver prior to
14        operating a vehicle for occupational purposes  only  must
15        submit  the  affidavit  on  forms  to  be provided by the
16        Secretary  of  State  setting  forth  the  facts  of  the
17        person's occupation.  The affidavit shall also state  the
18        number of offenses committed while operating a vehicle in
19        connection  with  the  driver's  regular  occupation. The
20        affidavit shall be accompanied by the  driver's  license.
21        Upon  receipt  of  a  properly  completed  affidavit, the
22        Secretary of State shall issue the  driver  a  permit  to
23        operate a vehicle in connection with the driver's regular
24        occupation  only.  Unless  the  permit  is  issued by the
25        Secretary of State prior to the date of  suspension,  the
26        privilege  to  drive any motor vehicle shall be suspended
27        as set forth in the notice that  was  mailed  under  this
28        Section.  If  an  affidavit is received subsequent to the
29        effective date of this suspension, a permit may be issued
30        for the remainder of the suspension period.
31             The provisions of this subparagraph shall not  apply
32        to  any  driver  required to obtain a commercial driver's
33        license under  Section  6-507  during  the  period  of  a
34        disqualification  of  commercial driving privileges under
 
HB0092 Engrossed            -15-      LRB093 02382 RLC 02390b
 1        Section 6-514.
 2             Any person  who  falsely  states  any  fact  in  the
 3        affidavit  required  herein  shall  be  guilty of perjury
 4        under Section 6-302 and  upon  conviction  thereof  shall
 5        have  all  driving  privileges  revoked  without  further
 6        rights.
 7             3.  At  the  conclusion  of  a hearing under Section
 8        2-118 of this Code, the Secretary of State  shall  either
 9        rescind  or  continue  an  order  of  revocation or shall
10        substitute  an  order  of  suspension;  or,  good   cause
11        appearing  therefor, rescind, continue, change, or extend
12        the order of suspension.  If the Secretary of State  does
13        not   rescind   the   order,   the   Secretary  may  upon
14        application,  to  relieve   undue   hardship,   issue   a
15        restricted  driving  permit  granting  the  privilege  of
16        driving   a   motor   vehicle  between  the  petitioner's
17        residence and petitioner's place of employment or  within
18        the  scope  of his employment related duties, or to allow
19        transportation for the petitioner, or a household  member
20        of  the petitioner's family, to receive necessary medical
21        care  and  if  the  professional  evaluation   indicates,
22        provide    transportation   for   alcohol   remedial   or
23        rehabilitative activity, or for the petitioner to  attend
24        classes,  as  a  student,  in  an  accredited educational
25        institution; if the petitioner  is  able  to  demonstrate
26        that no alternative means of transportation is reasonably
27        available and the petitioner will not endanger the public
28        safety or welfare.
29             If  a person's license or permit has been revoked or
30        suspended due to  2  or  more  convictions  of  violating
31        Section  11-501  of this Code or a similar provision of a
32        local  ordinance  or  a  similar  out-of-state   offense,
33        arising  out  of  separate  occurrences,  that person, if
34        issued a restricted driving permit,  may  not  operate  a
 
HB0092 Engrossed            -16-      LRB093 02382 RLC 02390b
 1        vehicle  unless  it  has  been  equipped with an ignition
 2        interlock device as defined in Section 1-129.1.
 3             If a person's license or permit has been revoked  or
 4        suspended  2 or more times within a 10 year period due to
 5        a single conviction of violating Section 11-501  of  this
 6        Code  or  a  similar  provision of a local ordinance or a
 7        similar out-of-state offense,  and  a  statutory  summary
 8        suspension under Section 11-501.1, or 2 or more statutory
 9        summary  suspensions, or combination of 2 offenses, or of
10        an offense and a statutory  summary  suspension,  arising
11        out  of  separate  occurrences,  that person, if issued a
12        restricted driving permit,  may  not  operate  a  vehicle
13        unless  it  has  been equipped with an ignition interlock
14        device as defined in Section 1-129.1.   The  person  must
15        pay  to the Secretary of State DUI Administration Fund an
16        amount not to exceed $20 per month.  The Secretary  shall
17        establish  by  rule the amount and the procedures, terms,
18        and conditions relating to these fees.  If the restricted
19        driving permit was issued for employment  purposes,  then
20        this  provision  does  not  apply  to the operation of an
21        occupational vehicle owned or  leased  by  that  person's
22        employer.   In  each  case  the  Secretary  may  issue  a
23        restricted   driving   permit   for   a   period   deemed
24        appropriate,  except that all permits shall expire within
25        one year from the date of issuance.   The  Secretary  may
26        not,  however,  issue  a restricted driving permit to any
27        person whose current revocation is the result of a second
28        or subsequent  conviction  for  a  violation  of  Section
29        11-501  of  this  Code  or a similar provision of a local
30        ordinance relating to the offense of operating  or  being
31        in  physical  control  of a motor vehicle while under the
32        influence of alcohol, other drug or  drugs,  intoxicating
33        compound   or  compounds,  or  any  similar  out-of-state
34        offense, or any combination of those offenses, until  the
 
HB0092 Engrossed            -17-      LRB093 02382 RLC 02390b
 1        expiration  of  at  least  one  year from the date of the
 2        revocation.  A restricted  driving  permit  issued  under
 3        this   Section   shall   be   subject   to  cancellation,
 4        revocation, and suspension by the Secretary of  State  in
 5        like  manner  and  for  like  cause as a driver's license
 6        issued under this Code  may  be  cancelled,  revoked,  or
 7        suspended;  except  that  a  conviction  upon one or more
 8        offenses  against  laws  or  ordinances  regulating   the
 9        movement  of traffic shall be deemed sufficient cause for
10        the  revocation,  suspension,  or   cancellation   of   a
11        restricted  driving  permit.  The Secretary of State may,
12        as a condition to the issuance of  a  restricted  driving
13        permit,   require  the  applicant  to  participate  in  a
14        designated driver  remedial  or  rehabilitative  program.
15        The   Secretary  of  State  is  authorized  to  cancel  a
16        restricted driving permit if the permit holder  does  not
17        successfully complete the program.
18        (c-5)  The  Secretary of State may, as a condition of the
19    reissuance of a driver's license or permit  to  an  applicant
20    whose driver's license or permit has been suspended before he
21    or  she  reached  the  age of 18 years pursuant to any of the
22    provisions  of  this  Section,  require  the   applicant   to
23    participate  in  a  driver  remedial  education course and be
24    retested under Section 6-109 of this Code.
25        (d)  This Section is subject to  the  provisions  of  the
26    Drivers License Compact.
27        (e)  The  Secretary of State shall not issue a restricted
28    driving permit to a person under the age of  16  years  whose
29    driving  privileges  have been suspended or revoked under any
30    provisions of this Code.
31    (Source: P.A. 92-283,  eff.  1-1-02;  92-418,  eff.  8-17-01;
32    92-458,  eff.  8-22-01;  92-651,  eff.  7-11-02; 92-804, eff.
33    1-1-03; 92-814, eff. 1-1-03; revised 8-26-02.)
 
HB0092 Engrossed            -18-      LRB093 02382 RLC 02390b
 1        (625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
 2        Sec. 11-204. Fleeing  or  attempting  to  elude  a  peace
 3    police officer.
 4        (a)  Any  driver  or  operator  of  a  motor vehicle who,
 5    having been given a visual  or  audible  signal  by  a  peace
 6    officer  directing  such  driver  or  operator  to  bring his
 7    vehicle to a stop, wilfully fails or  refuses  to  obey  such
 8    direction,  increases  his speed, extinguishes his lights, or
 9    otherwise flees or attempts to elude the officer,  is  guilty
10    of  a  Class  A  misdemeanor.  The  signal given by the peace
11    officer may be by hand, voice,  siren,  red  or  blue  light.
12    Provided,  the  officer giving such signal shall be in police
13    uniform, and,  if  driving  a  vehicle,  such  vehicle  shall
14    display  illuminated oscillating, rotating or flashing red or
15    blue lights which when used in conjunction  with  an  audible
16    horn  or  siren  would indicate the vehicle to be an official
17    police vehicle. Such requirement shall not preclude  the  use
18    of amber or white oscillating, rotating or flashing lights in
19    conjunction   with  red  or  blue  oscillating,  rotating  or
20    flashing lights as required in Section 12-215 of Chapter 12.
21        (b)  Upon  receiving  notice  of  such   conviction   the
22    Secretary  of  State shall suspend the drivers license of the
23    person so convicted for a period of not more  than  6  months
24    for  a  first  conviction  and  not more than 12 months for a
25    second conviction.
26        (c)  A third or subsequent violation of this Section is a
27    Class 4 felony.
28    (Source: P.A. 90-134, eff. 7-22-97.)

29        (625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
30        Sec. 11-204.1.  Aggravated fleeing or attempt to elude  a
31    peace police officer.
32        (a)  The  offense  of aggravated fleeing or attempting to
33    elude a peace police officer is committed by  any  driver  or
 
HB0092 Engrossed            -19-      LRB093 02382 RLC 02390b
 1    operator  of a motor vehicle who flees or attempts to elude a
 2    peace police officer, after being given a visual  or  audible
 3    signal  by a peace police officer in the manner prescribed in
 4    subsection (a) of Section  11-204  of  this  Code,  and  such
 5    flight or attempt to elude:
 6             (1)  is  at  a  rate  of speed at least 21 miles per
 7        hour over the legal speed limit;
 8             (2)  causes bodily injury to any individual; or
 9             (3) causes damage in excess of $300 to property; or.
10             (4)  involves disobedience of  2  or  more  official
11        traffic control devices.
12        (b)  Any  person  convicted  of a first violation of this
13    Section shall be guilty of a Class 4 felony.  Upon notice  of
14    such  a  conviction  the  Secretary  of State shall forthwith
15    revoke the driver's license of the person  so  convicted,  as
16    provided  in Section 6-205 of this Code. Any person convicted
17    of a second or subsequent violation of this Section shall  be
18    guilty  of  a  Class  3  felony,  and  upon  notice of such a
19    conviction the Secretary of State shall forthwith revoke  the
20    driver's  license  of  the  person  convicted, as provided in
21    Section 6-205 of the Code.
22        (c)  The motor  vehicle  used  in  a  violation  of  this
23    Section  is  subject to seizure and forfeiture as provided in
24    Sections 36-1 and 36-2 of the Criminal Code of 1961.
25    (Source: P.A. 90-134, eff. 7-22-97.)