093_HB0092ham001











                                     LRB093 02382 DRH 12159 a

 1                     AMENDMENT TO HOUSE BILL 92

 2        AMENDMENT NO.     .  Amend House  Bill  92  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 02382 DRH 12159 a
 1        federal government in the commission  of  which  a  motor
 2        vehicle was used;
 3             4.  Violation   of   Section  11-401  of  this  Code
 4        relating to the offense of leaving the scene of a traffic
 5        accident involving death or personal injury;
 6             5.  Perjury or the making of a  false  affidavit  or
 7        statement under oath to the Secretary of State under this
 8        Code  or under any other law relating to the ownership or
 9        operation of motor vehicles;
10             6.  Conviction  upon  3  charges  of  violation   of
11        Section  11-503  of  this Code relating to the offense of
12        reckless driving committed within a period of 12 months;
13             7.  Conviction of any  offense  defined  in  Section
14        4-102 of this Code;
15             8.  Violation   of   Section  11-504  of  this  Code
16        relating to the offense of drag racing;
17             9.  Violation of Chapters 8 and 9 of this Code;
18             10.  Violation of Section 12-5 of the Criminal  Code
19        of 1961 arising from the use of a motor vehicle;
20             11.  Violation  of  Section  11-204.1  of  this Code
21        relating to aggravated fleeing or attempting to  elude  a
22        peace police officer;
23             12.  Violation of paragraph (1) of subsection (b) of
24        Section  6-507,  or  a  similar  law  of any other state,
25        relating to the unlawful operation of a commercial  motor
26        vehicle;
27             13.  Violation of paragraph (a) of Section 11-502 of
28        this  Code or a similar provision of a local ordinance if
29        the driver has been previously convicted of  a  violation
30        of  that  Section  or  a  similar  provision  of  a local
31        ordinance and the driver was less than 21 years of age at
32        the time of the offense.
33        (b)  The Secretary of State shall also immediately revoke
34    the  license  or  permit  of  any  driver  in  the  following
 
                            -3-      LRB093 02382 DRH 12159 a
 1    situations:
 2             1.  Of any minor upon receiving the notice  provided
 3        for  in  Section  5-901 of the Juvenile Court Act of 1987
 4        that the minor has been adjudicated  under  that  Act  as
 5        having  committed  an  offense relating to motor vehicles
 6        prescribed in Section 4-103 of this Code;
 7             2.  Of any person when any other law of  this  State
 8        requires either the revocation or suspension of a license
 9        or permit.
10        (c)  Whenever  a  person  is  convicted  of  any  of  the
11    offenses  enumerated in this Section, the court may recommend
12    and the Secretary of State in his discretion, without  regard
13    to  whether the recommendation is made by the court may, upon
14    application, issue to the person a restricted driving  permit
15    granting the privilege of driving a motor vehicle between the
16    petitioner's  residence  and petitioner's place of employment
17    or within the scope of the  petitioner's  employment  related
18    duties,  or  to  allow transportation for the petitioner or a
19    household member of the petitioner's family for  the  receipt
20    of  necessary medical care or, if the professional evaluation
21    indicates, provide  transportation  for  the  petitioner  for
22    alcohol  remedial  or  rehabilitative  activity,  or  for the
23    petitioner to attend classes, as a student, in an  accredited
24    educational   institution;  if  the  petitioner  is  able  to
25    demonstrate that no alternative means  of  transportation  is
26    reasonably available and the petitioner will not endanger the
27    public  safety  or  welfare;  provided  that  the Secretary's
28    discretion shall be limited to  cases  where  undue  hardship
29    would  result  from a failure to issue the restricted driving
30    permit.
31        If a person's license  or  permit  has  been  revoked  or
32    suspended  due  to 2 or more convictions of violating Section
33    11-501 of this  Code  or  a  similar  provision  of  a  local
34    ordinance  or  a similar out-of-state offense, arising out of
 
                            -4-      LRB093 02382 DRH 12159 a
 1    separate occurrences, that person,  if  issued  a  restricted
 2    driving  permit, may not operate a vehicle unless it has been
 3    equipped with an ignition  interlock  device  as  defined  in
 4    Section 1-129.1.
 5        If  a  person's  license  or  permit  has been revoked or
 6    suspended 2 or more times within a 10 year period  due  to  a
 7    single conviction of violating Section 11-501 of this Code or
 8    a  similar  provision  of  a  local  ordinance  or  a similar
 9    out-of-state offense,  and  a  statutory  summary  suspension
10    under  Section  11-501.1,  or  2  or  more  statutory summary
11    suspensions, or combination of 2 offenses, or of  an  offense
12    and  a  statutory summary suspension, arising out of separate
13    occurrences, that person,  if  issued  a  restricted  driving
14    permit, may not operate a vehicle unless it has been equipped
15    with  an  ignition  interlock  device  as  defined in Section
16    1-129.1.  The person must pay to the Secretary of  State  DUI
17    Administration  Fund  an  amount not to exceed $20 per month.
18    The Secretary shall establish by  rule  the  amount  and  the
19    procedures,  terms, and conditions relating to these fees. If
20    the restricted  driving  permit  was  issued  for  employment
21    purposes, then this provision does not apply to the operation
22    of  an  occupational vehicle owned or leased by that person's
23    employer.  In each case the Secretary of State  may  issue  a
24    restricted  driving permit for a period he deems appropriate,
25    except that the permit shall expire within one year from  the
26    date  of  issuance.  The  Secretary may not, however, issue a
27    restricted  driving  permit  to  any  person  whose   current
28    revocation is the result of a second or subsequent conviction
29    for  a  violation of Section 11-501 of this Code or a similar
30    provision of a local ordinance relating  to  the  offense  of
31    operating  or  being  in  physical control of a motor vehicle
32    while under the influence of alcohol, other  drug  or  drugs,
33    intoxicating   compound   or   compounds,   or   any  similar
34    out-of-state offense, or any combination thereof,  until  the
 
                            -5-      LRB093 02382 DRH 12159 a
 1    expiration  of  at  least  one  year  from  the  date  of the
 2    revocation.  A restricted driving permit  issued  under  this
 3    Section  shall  be  subject  to cancellation, revocation, and
 4    suspension by the Secretary of State in like manner  and  for
 5    like  cause  as a driver's license issued under this Code may
 6    be cancelled, revoked, or suspended; except that a conviction
 7    upon  one  or  more  offenses  against  laws  or   ordinances
 8    regulating the movement of traffic shall be deemed sufficient
 9    cause  for  the  revocation, suspension, or cancellation of a
10    restricted driving permit. The Secretary of State may,  as  a
11    condition  to  the  issuance  of a restricted driving permit,
12    require the applicant to participate in a  designated  driver
13    remedial or rehabilitative program. The Secretary of State is
14    authorized  to  cancel  a  restricted  driving  permit if the
15    permit holder does not  successfully  complete  the  program.
16    However,  if  an  individual's  driving  privileges have been
17    revoked in accordance with paragraph 13 of subsection (a)  of
18    this  Section,  no  restricted driving permit shall be issued
19    until the individual has served 6 months  of  the  revocation
20    period.
21        (d)  Whenever  a  person under the age of 21 is convicted
22    under Section 11-501 of this Code or a similar provision of a
23    local ordinance, the Secretary  of  State  shall  revoke  the
24    driving  privileges  of that person.  One year after the date
25    of revocation, and upon application, the Secretary  of  State
26    may,  if satisfied that the person applying will not endanger
27    the public safety or  welfare,  issue  a  restricted  driving
28    permit granting the privilege of driving a motor vehicle only
29    between  the  hours  of  5  a.m.  and  9 p.m. or as otherwise
30    provided by this Section for a period of  one  year.    After
31    this one year period, and upon reapplication for a license as
32    provided  in  Section  6-106, upon payment of the appropriate
33    reinstatement fee provided under  paragraph  (b)  of  Section
34    6-118,  the  Secretary of State, in his discretion, may issue
 
                            -6-      LRB093 02382 DRH 12159 a
 1    the applicant a license, or  extend  the  restricted  driving
 2    permit  as  many  times  as  the  Secretary  of  State  deems
 3    appropriate, by additional periods of not more than 12 months
 4    each, until the applicant attains 21 years of age.
 5        If  a  person's  license  or  permit  has been revoked or
 6    suspended due to 2 or more convictions of  violating  Section
 7    11-501  of  this  Code  or  a  similar  provision  of a local
 8    ordinance or a similar out-of-state offense, arising  out  of
 9    separate  occurrences,  that  person,  if issued a restricted
10    driving permit, may not operate a vehicle unless it has  been
11    equipped  with  an  ignition  interlock  device as defined in
12    Section 1-129.1.
13        If a person's license  or  permit  has  been  revoked  or
14    suspended  2  or  more times within a 10 year period due to a
15    single conviction of violating Section 11-501 of this Code or
16    a similar  provision  of  a  local  ordinance  or  a  similar
17    out-of-state  offense,  and  a  statutory  summary suspension
18    under Section  11-501.1,  or  2  or  more  statutory  summary
19    suspensions,  or  combination of 2 offenses, or of an offense
20    and a statutory summary suspension, arising out  of  separate
21    occurrences,  that  person,  if  issued  a restricted driving
22    permit, may not operate a vehicle unless it has been equipped
23    with an ignition  interlock  device  as  defined  in  Section
24    1-129.1.  The  person  must pay to the Secretary of State DUI
25    Administration Fund an amount not to exceed  $20  per  month.
26    The  Secretary  shall  establish  by  rule the amount and the
27    procedures, terms, and conditions relating to these fees.  If
28    the  restricted  driving  permit  was  issued  for employment
29    purposes, then this provision does not apply to the operation
30    of an occupational vehicle owned or leased by  that  person's
31    employer.   A  restricted  driving  permit  issued under this
32    Section shall be subject  to  cancellation,  revocation,  and
33    suspension  by  the Secretary of State in like manner and for
34    like cause as a driver's license issued under this  Code  may
 
                            -7-      LRB093 02382 DRH 12159 a
 1    be cancelled, revoked, or suspended; except that a conviction
 2    upon   one  or  more  offenses  against  laws  or  ordinances
 3    regulating the movement of traffic shall be deemed sufficient
 4    cause for the revocation, suspension, or  cancellation  of  a
 5    restricted  driving permit.  The revocation periods contained
 6    in this subparagraph  shall  apply  to  similar  out-of-state
 7    convictions.
 8        (e)  This  Section  is  subject  to the provisions of the
 9    Driver License Compact.
10        (f)  Any  revocation  imposed  upon  any   person   under
11    subsections  2  and  3  of paragraph (b) that is in effect on
12    December 31, 1988 shall be converted to a  suspension  for  a
13    like period of time.
14        (g)  The  Secretary of State shall not issue a restricted
15    driving permit to a person under the age of  16  years  whose
16    driving  privileges have been revoked under any provisions of
17    this Code.
18        (h)  The Secretary of State  shall  require  the  use  of
19    ignition  interlock  devices  on  all  vehicles  owned  by an
20    individual who has been convicted of a second  or  subsequent
21    offense  under  Section  11-501  of  this  Code  or a similar
22    provision  of  a  local  ordinance.   The   Secretary   shall
23    establish   by   rule   and  regulation  the  procedures  for
24    certification and use of the interlock system.
25        (i)  The Secretary of State may not  issue  a  restricted
26    driving  permit  for  a  period of one year after a second or
27    subsequent revocation  of  driving  privileges  under  clause
28    (a)(2) of this Section; however, one year after the date of a
29    second  or  subsequent revocation of driving privileges under
30    clause (a)(2) of this Section, the Secretary  of  State  may,
31    upon application, issue a restricted driving permit under the
32    terms and conditions of subsection (c).
33    (Source: P.A.  91-357,  eff.  7-29-99;  92-248,  eff. 8-3-01;
34    92-418, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-834,  eff.
 
                            -8-      LRB093 02382 DRH 12159 a
 1    8-22-02.)

 2        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
 3        Sec. 6-206.  Discretionary authority to suspend or revoke
 4    license or permit; Right to a hearing.
 5        (a)  The  Secretary  of State is authorized to suspend or
 6    revoke  the  driving  privileges  of   any   person   without
 7    preliminary hearing upon a showing of the person's records or
 8    other sufficient evidence that the person:
 9             1.  Has  committed  an  offense  for which mandatory
10        revocation of a driver's license or  permit  is  required
11        upon conviction;
12             2.  Has  been  convicted of not less than 3 offenses
13        against traffic regulations  governing  the  movement  of
14        vehicles  committed  within  any  12  month  period.   No
15        revocation  or  suspension  shall  be entered more than 6
16        months after the date of last conviction;
17             3.  Has been repeatedly  involved  as  a  driver  in
18        motor vehicle collisions or has been repeatedly convicted
19        of  offenses  against  laws and ordinances regulating the
20        movement of traffic, to a degree that indicates  lack  of
21        ability  to  exercise ordinary and reasonable care in the
22        safe operation of a motor vehicle or disrespect  for  the
23        traffic  laws  and  the  safety of other persons upon the
24        highway;
25             4.  Has by the unlawful operation of a motor vehicle
26        caused or contributed to an accident resulting  in  death
27        or injury requiring immediate professional treatment in a
28        medical facility or doctor's office to any person, except
29        that   any   suspension  or  revocation  imposed  by  the
30        Secretary  of  State  under  the   provisions   of   this
31        subsection shall start no later than 6 months after being
32        convicted  of violating a law or ordinance regulating the
33        movement of traffic, which violation is  related  to  the
 
                            -9-      LRB093 02382 DRH 12159 a
 1        accident, or shall start not more than one year after the
 2        date of the accident, whichever date occurs later;
 3             5.  Has permitted an unlawful or fraudulent use of a
 4        driver's license, identification card, or permit;
 5             6.  Has  been  lawfully  convicted  of an offense or
 6        offenses in another state,  including  the  authorization
 7        contained  in  Section 6-203.1, which if committed within
 8        this State would be grounds for suspension or revocation;
 9             7.  Has  refused  or  failed   to   submit   to   an
10        examination  provided  for by Section 6-207 or has failed
11        to pass the examination;
12             8.  Is ineligible for a driver's license  or  permit
13        under the provisions of Section 6-103;
14             9.  Has   made   a   false  statement  or  knowingly
15        concealed a material fact or has used  false  information
16        or  identification  in  any  application  for  a license,
17        identification card, or permit;
18             10.  Has  possessed,  displayed,  or  attempted   to
19        fraudulently  use  any  license,  identification card, or
20        permit not issued to the person;
21             11.  Has operated a motor vehicle upon a highway  of
22        this   State  when  the  person's  driving  privilege  or
23        privilege to obtain a  driver's  license  or  permit  was
24        revoked  or suspended unless the operation was authorized
25        by a judicial driving  permit,  probationary  license  to
26        drive,  or  a restricted driving permit issued under this
27        Code;
28             12.  Has submitted to any portion of the application
29        process for another person or has obtained  the  services
30        of  another  person  to  submit  to  any  portion  of the
31        application  process  for  the  purpose  of  obtaining  a
32        license, identification card, or permit  for  some  other
33        person;
34             13.  Has  operated a motor vehicle upon a highway of
 
                            -10-     LRB093 02382 DRH 12159 a
 1        this State when the person's driver's license  or  permit
 2        was  invalid under the provisions of Sections 6-107.1 and
 3        6-110;
 4             14.  Has committed a  violation  of  Section  6-301,
 5        6-301.1,  or  6-301.2 of this Act, or Section 14, 14A, or
 6        14B of the Illinois Identification Card Act;
 7             15.  Has been convicted of violating Section 21-2 of
 8        the Criminal Code of 1961 relating to  criminal  trespass
 9        to  vehicles  in  which case, the suspension shall be for
10        one year;
11             16.  Has been convicted of violating Section  11-204
12        of  this  Code  relating  to  fleeing from a peace police
13        officer;
14             17.  Has refused to submit to a test, or  tests,  as
15        required  under  Section  11-501.1  of  this Code and the
16        person has not  sought  a  hearing  as  provided  for  in
17        Section 11-501.1;
18             18.  Has,  since  issuance  of a driver's license or
19        permit, been adjudged to be afflicted with  or  suffering
20        from any mental disability or disease;
21             19.  Has  committed  a violation of paragraph (a) or
22        (b) of  Section  6-101  relating  to  driving  without  a
23        driver's license;
24             20.  Has  been  convicted of violating Section 6-104
25        relating to classification of driver's license;
26             21.  Has been convicted of violating Section  11-402
27        of this Code relating to leaving the scene of an accident
28        resulting  in damage to a vehicle in excess of $1,000, in
29        which case the suspension shall be for one year;
30             22.  Has used a motor vehicle in violating paragraph
31        (3), (4), (7), or (9) of subsection (a) of  Section  24-1
32        of  the Criminal Code of 1961 relating to unlawful use of
33        weapons, in which case the suspension shall  be  for  one
34        year;
 
                            -11-     LRB093 02382 DRH 12159 a
 1             23.  Has,  as a driver, been convicted of committing
 2        a violation of paragraph (a) of Section  11-502  of  this
 3        Code for a second or subsequent time within one year of a
 4        similar violation;
 5             24.  Has   been  convicted  by  a  court-martial  or
 6        punished   by   non-judicial   punishment   by   military
 7        authorities  of  the  United   States   at   a   military
 8        installation  in  Illinois  of  or  for a traffic related
 9        offense that is the same as  or  similar  to  an  offense
10        specified under Section 6-205 or 6-206 of this Code;
11             25.  Has  permitted any form of identification to be
12        used by another in the application process  in  order  to
13        obtain  or  attempt  to  obtain a license, identification
14        card, or permit;
15             26.  Has altered or attempted to alter a license  or
16        has possessed an altered license, identification card, or
17        permit;
18             27.  Has violated Section 6-16 of the Liquor Control
19        Act of 1934;
20             28.  Has  been  convicted of the illegal possession,
21        while operating or  in  actual  physical  control,  as  a
22        driver,  of  a motor vehicle, of any controlled substance
23        prohibited under the Illinois Controlled  Substances  Act
24        or  any  cannabis  prohibited under the provisions of the
25        Cannabis Control Act, in which case the person's  driving
26        privileges  shall  be  suspended  for  one  year, and any
27        driver  who  is  convicted  of  a  second  or  subsequent
28        offense, within 5 years of a previous conviction, for the
29        illegal possession, while operating or in actual physical
30        control,  as  a  driver,  of  a  motor  vehicle,  of  any
31        controlled substance prohibited under the  provisions  of
32        the  Illinois  Controlled  Substances Act or any cannabis
33        prohibited  under  the  Cannabis  Control  Act  shall  be
34        suspended for 5 years. Any defendant found guilty of this
 
                            -12-     LRB093 02382 DRH 12159 a
 1        offense while operating a motor vehicle,  shall  have  an
 2        entry  made  in  the  court record by the presiding judge
 3        that this offense  did  occur  while  the  defendant  was
 4        operating  a  motor  vehicle  and  order the clerk of the
 5        court to report the violation to the Secretary of State;
 6             29.  Has been convicted of  the  following  offenses
 7        that  were committed while the person was operating or in
 8        actual physical control, as a driver, of a motor vehicle:
 9        criminal  sexual  assault,  predatory   criminal   sexual
10        assault  of  a child, aggravated criminal sexual assault,
11        criminal sexual abuse, aggravated criminal sexual  abuse,
12        juvenile  pimping,  soliciting  for a juvenile prostitute
13        and the  manufacture,  sale  or  delivery  of  controlled
14        substances  or  instruments  used for illegal drug use or
15        abuse in which case the driver's driving privileges shall
16        be suspended for one year;
17             30.  Has been convicted a second or subsequent  time
18        for any combination of the offenses named in paragraph 29
19        of  this  subsection,  in which case the person's driving
20        privileges shall be suspended for 5 years;
21             31.  Has refused to submit to a test as required  by
22        Section  11-501.6 or has submitted to a test resulting in
23        an alcohol concentration of 0.08 or more or any amount of
24        a  drug,  substance,  or  compound  resulting  from   the
25        unlawful  use or consumption of cannabis as listed in the
26        Cannabis Control Act, a controlled substance as listed in
27        the   Illinois   Controlled   Substances   Act,   or   an
28        intoxicating  compound  as   listed   in   the   Use   of
29        Intoxicating  Compounds  Act,  in  which case the penalty
30        shall be as prescribed in Section 6-208.1;
31             32.  Has been convicted of  Section  24-1.2  of  the
32        Criminal   Code   of  1961  relating  to  the  aggravated
33        discharge of a firearm if the offender was located  in  a
34        motor  vehicle at the time the firearm was discharged, in
 
                            -13-     LRB093 02382 DRH 12159 a
 1        which case the suspension shall be for 3 years;
 2             33.  Has as  a driver, who was less than 21 years of
 3        age on the date of the offense, been  convicted  a  first
 4        time of a violation of paragraph (a) of Section 11-502 of
 5        this Code or a similar provision of a local ordinance;
 6             34.  Has  committed a violation of Section 11-1301.5
 7        of this Code;
 8             35.  Has committed a violation of Section  11-1301.6
 9        of this Code;
10             36.  Is  under  the  age  of 21 years at the time of
11        arrest and has been convicted of not less than 2 offenses
12        against traffic regulations  governing  the  movement  of
13        vehicles  committed  within  any  24  month  period.   No
14        revocation  or  suspension  shall  be entered more than 6
15        months after the date of last conviction;
16             37.  Has committed a violation of subsection (c)  of
17        Section 11-907 of this Code; or
18             38.  Has  been  convicted  of a violation of Section
19        6-20 of the Liquor Control  Act  of  1934  or  a  similar
20        provision of a local ordinance; or.
21             39.   38.  Has  committed  a  second  or  subsequent
22        violation of Section 11-1201 of this Code.
23        For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
24    and  27  of  this  subsection,  license  means  any  driver's
25    license, any traffic ticket issued when the person's driver's
26    license  is  deposited  in  lieu of bail, a suspension notice
27    issued by the Secretary of State, a  duplicate  or  corrected
28    driver's  license,  a  probationary  driver's  license  or  a
29    temporary driver's license.
30        (b)  If  any conviction forming the basis of a suspension
31    or revocation authorized under this Section is appealed,  the
32    Secretary  of  State may rescind or withhold the entry of the
33    order of suspension  or  revocation,  as  the  case  may  be,
34    provided  that a certified copy of a stay order of a court is
 
                            -14-     LRB093 02382 DRH 12159 a
 1    filed with the Secretary of  State.   If  the  conviction  is
 2    affirmed  on  appeal, the date of the conviction shall relate
 3    back to the time the  original  judgment  of  conviction  was
 4    entered  and  the  6  month  limitation  prescribed shall not
 5    apply.
 6         (c) 1.  Upon suspending or revoking the driver's license
 7        or permit of any person as authorized  in  this  Section,
 8        the  Secretary  of  State  shall  immediately  notify the
 9        person in writing of the revocation  or  suspension.  The
10        notice to be deposited in the United States mail, postage
11        prepaid, to the last known address of the person.
12             2.  If  the Secretary of State suspends the driver's
13        license of a person under subsection 2 of  paragraph  (a)
14        of  this  Section,  a  person's  privilege  to  operate a
15        vehicle as an occupation shall not be suspended, provided
16        an affidavit is properly completed, the  appropriate  fee
17        received, and a permit issued prior to the effective date
18        of  the  suspension, unless 5 offenses were committed, at
19        least 2 of which occurred while  operating  a  commercial
20        vehicle   in   connection   with   the  driver's  regular
21        occupation.  All  other  driving  privileges   shall   be
22        suspended  by the Secretary of State. Any driver prior to
23        operating a vehicle for occupational purposes  only  must
24        submit  the  affidavit  on  forms  to  be provided by the
25        Secretary  of  State  setting  forth  the  facts  of  the
26        person's occupation.  The affidavit shall also state  the
27        number of offenses committed while operating a vehicle in
28        connection  with  the  driver's  regular  occupation. The
29        affidavit shall be accompanied by the  driver's  license.
30        Upon  receipt  of  a  properly  completed  affidavit, the
31        Secretary of State shall issue the  driver  a  permit  to
32        operate a vehicle in connection with the driver's regular
33        occupation  only.  Unless  the  permit  is  issued by the
34        Secretary of State prior to the date of  suspension,  the
 
                            -15-     LRB093 02382 DRH 12159 a
 1        privilege  to  drive any motor vehicle shall be suspended
 2        as set forth in the notice that  was  mailed  under  this
 3        Section.  If  an  affidavit is received subsequent to the
 4        effective date of this suspension, a permit may be issued
 5        for the remainder of the suspension period.
 6             The provisions of this subparagraph shall not  apply
 7        to  any  driver  required to obtain a commercial driver's
 8        license under  Section  6-507  during  the  period  of  a
 9        disqualification  of  commercial driving privileges under
10        Section 6-514.
11             Any person  who  falsely  states  any  fact  in  the
12        affidavit  required  herein  shall  be  guilty of perjury
13        under Section 6-302 and  upon  conviction  thereof  shall
14        have  all  driving  privileges  revoked  without  further
15        rights.
16             3.  At  the  conclusion  of  a hearing under Section
17        2-118 of this Code, the Secretary of State  shall  either
18        rescind  or  continue  an  order  of  revocation or shall
19        substitute  an  order  of  suspension;  or,  good   cause
20        appearing  therefor, rescind, continue, change, or extend
21        the order of suspension.  If the Secretary of State  does
22        not   rescind   the   order,   the   Secretary  may  upon
23        application,  to  relieve   undue   hardship,   issue   a
24        restricted  driving  permit  granting  the  privilege  of
25        driving   a   motor   vehicle  between  the  petitioner's
26        residence and petitioner's place of employment or  within
27        the  scope  of his employment related duties, or to allow
28        transportation for the petitioner, or a household  member
29        of  the petitioner's family, to receive necessary medical
30        care  and  if  the  professional  evaluation   indicates,
31        provide    transportation   for   alcohol   remedial   or
32        rehabilitative activity, or for the petitioner to  attend
33        classes,  as  a  student,  in  an  accredited educational
34        institution; if the petitioner  is  able  to  demonstrate
 
                            -16-     LRB093 02382 DRH 12159 a
 1        that no alternative means of transportation is reasonably
 2        available and the petitioner will not endanger the public
 3        safety or welfare.
 4             If  a person's license or permit has been revoked or
 5        suspended due to  2  or  more  convictions  of  violating
 6        Section  11-501  of this Code or a similar provision of a
 7        local  ordinance  or  a  similar  out-of-state   offense,
 8        arising  out  of  separate  occurrences,  that person, if
 9        issued a restricted driving permit,  may  not  operate  a
10        vehicle  unless  it  has  been  equipped with an ignition
11        interlock device as defined in Section 1-129.1.
12             If a person's license or permit has been revoked  or
13        suspended  2 or more times within a 10 year period due to
14        a single conviction of violating Section 11-501  of  this
15        Code  or  a  similar  provision of a local ordinance or a
16        similar out-of-state offense,  and  a  statutory  summary
17        suspension under Section 11-501.1, or 2 or more statutory
18        summary  suspensions, or combination of 2 offenses, or of
19        an offense and a statutory  summary  suspension,  arising
20        out  of  separate  occurrences,  that person, if issued a
21        restricted driving permit,  may  not  operate  a  vehicle
22        unless  it  has  been equipped with an ignition interlock
23        device as defined in Section 1-129.1.   The  person  must
24        pay  to the Secretary of State DUI Administration Fund an
25        amount not to exceed $20 per month.  The Secretary  shall
26        establish  by  rule the amount and the procedures, terms,
27        and conditions relating to these fees.  If the restricted
28        driving permit was issued for employment  purposes,  then
29        this  provision  does  not  apply  to the operation of an
30        occupational vehicle owned or  leased  by  that  person's
31        employer.   In  each  case  the  Secretary  may  issue  a
32        restricted   driving   permit   for   a   period   deemed
33        appropriate,  except that all permits shall expire within
34        one year from the date of issuance.   The  Secretary  may
 
                            -17-     LRB093 02382 DRH 12159 a
 1        not,  however,  issue  a restricted driving permit to any
 2        person whose current revocation is the result of a second
 3        or subsequent  conviction  for  a  violation  of  Section
 4        11-501  of  this  Code  or a similar provision of a local
 5        ordinance relating to the offense of operating  or  being
 6        in  physical  control  of a motor vehicle while under the
 7        influence of alcohol, other drug or  drugs,  intoxicating
 8        compound   or  compounds,  or  any  similar  out-of-state
 9        offense, or any combination of those offenses, until  the
10        expiration  of  at  least  one  year from the date of the
11        revocation.  A restricted  driving  permit  issued  under
12        this   Section   shall   be   subject   to  cancellation,
13        revocation, and suspension by the Secretary of  State  in
14        like  manner  and  for  like  cause as a driver's license
15        issued under this Code  may  be  cancelled,  revoked,  or
16        suspended;  except  that  a  conviction  upon one or more
17        offenses  against  laws  or  ordinances  regulating   the
18        movement  of traffic shall be deemed sufficient cause for
19        the  revocation,  suspension,  or   cancellation   of   a
20        restricted  driving  permit.  The Secretary of State may,
21        as a condition to the issuance of  a  restricted  driving
22        permit,   require  the  applicant  to  participate  in  a
23        designated driver  remedial  or  rehabilitative  program.
24        The   Secretary  of  State  is  authorized  to  cancel  a
25        restricted driving permit if the permit holder  does  not
26        successfully complete the program.
27        (c-5)  The  Secretary of State may, as a condition of the
28    reissuance of a driver's license or permit  to  an  applicant
29    whose driver's license or permit has been suspended before he
30    or  she  reached  the  age of 18 years pursuant to any of the
31    provisions  of  this  Section,  require  the   applicant   to
32    participate  in  a  driver  remedial  education course and be
33    retested under Section 6-109 of this Code.
34        (d)  This Section is subject to  the  provisions  of  the
 
                            -18-     LRB093 02382 DRH 12159 a
 1    Drivers License Compact.
 2        (e)  The  Secretary of State shall not issue a restricted
 3    driving permit to a person under the age of  16  years  whose
 4    driving  privileges  have been suspended or revoked under any
 5    provisions of this Code.
 6    (Source: P.A. 92-283,  eff.  1-1-02;  92-418,  eff.  8-17-01;
 7    92-458,  eff.  8-22-01;  92-651,  eff.  7-11-02; 92-804, eff.
 8    1-1-03; 92-814, eff. 1-1-03; revised 8-26-02.)

 9        (625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
10        Sec. 11-204. Fleeing  or  attempting  to  elude  a  peace
11    police officer.
12        (a)  Any  driver  or  operator  of  a  motor vehicle who,
13    having been given a visual  or  audible  signal  by  a  peace
14    officer  directing  such  driver  or  operator  to  bring his
15    vehicle to a stop, wilfully fails or  refuses  to  obey  such
16    direction,  increases  his speed, extinguishes his lights, or
17    otherwise flees or attempts to elude the officer,  is  guilty
18    of  a  Class  A  misdemeanor.  The  signal given by the peace
19    officer may be by hand, voice,  siren,  red  or  blue  light.
20    Provided,  the  officer giving such signal shall be in police
21    uniform, and,  if  driving  a  vehicle,  such  vehicle  shall
22    display  illuminated oscillating, rotating or flashing red or
23    blue lights which when used in conjunction  with  an  audible
24    horn  or  siren  would indicate the vehicle to be an official
25    police vehicle. Such requirement shall not preclude  the  use
26    of amber or white oscillating, rotating or flashing lights in
27    conjunction   with  red  or  blue  oscillating,  rotating  or
28    flashing lights as required in Section 12-215 of Chapter 12.
29        (b)  Upon  receiving  notice  of  such   conviction   the
30    Secretary  of  State shall suspend the drivers license of the
31    person so convicted for a period of not more  than  6  months
32    for  a  first  conviction  and  not more than 12 months for a
33    second conviction.
 
                            -19-     LRB093 02382 DRH 12159 a
 1        (c)  A third or subsequent violation of this Section is a
 2    Class 4 felony.
 3    (Source: P.A. 90-134, eff. 7-22-97.)

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