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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 6-206 as follows:
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6 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
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7 | Sec. 6-206. Discretionary authority to suspend or revoke | |||||||||||||||||||
8 | license or
permit; Right to a hearing.
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9 | (a) The Secretary of State is authorized to suspend or | |||||||||||||||||||
10 | revoke the
driving privileges of any person without preliminary | |||||||||||||||||||
11 | hearing upon a showing
of the person's records or other | |||||||||||||||||||
12 | sufficient evidence that
the person:
| |||||||||||||||||||
13 | 1. Has committed an offense for which mandatory | |||||||||||||||||||
14 | revocation of
a driver's license or permit is required upon | |||||||||||||||||||
15 | conviction;
| |||||||||||||||||||
16 | 2. Has been convicted of not less than 3 offenses | |||||||||||||||||||
17 | against traffic
regulations governing the movement of | |||||||||||||||||||
18 | vehicles committed within any 12
month period. No | |||||||||||||||||||
19 | revocation or suspension shall be entered more than
6 | |||||||||||||||||||
20 | months after the date of last conviction;
| |||||||||||||||||||
21 | 3. Has been repeatedly involved as a driver in motor | |||||||||||||||||||
22 | vehicle
collisions or has been repeatedly convicted of | |||||||||||||||||||
23 | offenses against laws and
ordinances regulating the |
| |||||||
| |||||||
1 | movement of traffic, to a degree that
indicates lack of | ||||||
2 | ability to exercise ordinary and reasonable care in
the | ||||||
3 | safe operation of a motor vehicle or disrespect for the | ||||||
4 | traffic laws
and the safety of other persons upon the | ||||||
5 | highway;
| ||||||
6 | 4. Has by the unlawful operation of a motor vehicle | ||||||
7 | caused or
contributed to an accident resulting in death or | ||||||
8 | injury requiring
immediate professional treatment in a | ||||||
9 | medical facility or doctor's office
to any person, except | ||||||
10 | that any suspension or revocation imposed by the
Secretary | ||||||
11 | of State under the provisions of this subsection shall | ||||||
12 | start no
later than 6 months after being convicted of | ||||||
13 | violating a law or
ordinance regulating the movement of | ||||||
14 | traffic, which violation is related
to the accident, or | ||||||
15 | shall start not more than one year
after
the date of the | ||||||
16 | accident, whichever date occurs later;
| ||||||
17 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
18 | driver's
license, identification card, or permit;
| ||||||
19 | 6. Has been lawfully convicted of an offense or | ||||||
20 | offenses in another
state, including the authorization | ||||||
21 | contained in Section 6-203.1, which
if committed within | ||||||
22 | this State would be grounds for suspension or revocation;
| ||||||
23 | 7. Has refused or failed to submit to an examination | ||||||
24 | provided for by
Section 6-207 or has failed to pass the | ||||||
25 | examination;
| ||||||
26 | 8. Is ineligible for a driver's license or permit under |
| |||||||
| |||||||
1 | the provisions
of Section 6-103;
| ||||||
2 | 9. Has made a false statement or knowingly concealed a | ||||||
3 | material fact
or has used false information or | ||||||
4 | identification in any application for a
license, | ||||||
5 | identification card, or permit;
| ||||||
6 | 10. Has possessed, displayed, or attempted to | ||||||
7 | fraudulently use any
license, identification card, or | ||||||
8 | permit not issued to the person;
| ||||||
9 | 11. Has operated a motor vehicle upon a highway of this | ||||||
10 | State when
the person's driving privilege or privilege to | ||||||
11 | obtain a driver's license
or permit was revoked or | ||||||
12 | suspended unless the operation was authorized by
a judicial | ||||||
13 | driving permit, probationary license to drive, or a | ||||||
14 | restricted
driving permit issued under this Code;
| ||||||
15 | 12. Has submitted to any portion of the application | ||||||
16 | process for
another person or has obtained the services of | ||||||
17 | another person to submit to
any portion of the application | ||||||
18 | process for the purpose of obtaining a
license, | ||||||
19 | identification card, or permit for some other person;
| ||||||
20 | 13. Has operated a motor vehicle upon a highway of this | ||||||
21 | State when
the person's driver's license or permit was | ||||||
22 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
23 | 14. Has committed a violation of Section 6-301, | ||||||
24 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
25 | of the Illinois Identification Card
Act;
| ||||||
26 | 15. Has been convicted of violating Section 21-2 of the |
| |||||||
| |||||||
1 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
2 | vehicles in which case, the suspension
shall be for one | ||||||
3 | year;
| ||||||
4 | 16. Has been convicted of violating Section 11-204 of | ||||||
5 | this Code relating
to fleeing from a peace officer;
| ||||||
6 | 17. Has refused to submit to a test, or tests, as | ||||||
7 | required under Section
11-501.1 of this Code and the person | ||||||
8 | has not sought a hearing as
provided for in Section | ||||||
9 | 11-501.1;
| ||||||
10 | 18. Has, since issuance of a driver's license or | ||||||
11 | permit, been adjudged
to be afflicted with or suffering | ||||||
12 | from any mental disability or disease;
| ||||||
13 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
14 | of Section 6-101
relating to driving without a driver's | ||||||
15 | license;
| ||||||
16 | 20. Has been convicted of violating Section 6-104 | ||||||
17 | relating to
classification of driver's license;
| ||||||
18 | 21. Has been convicted of violating Section 11-402 of
| ||||||
19 | this Code relating to leaving the scene of an accident | ||||||
20 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
21 | which case the suspension shall be
for one year;
| ||||||
22 | 22. Has used a motor vehicle in violating paragraph | ||||||
23 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 , | ||||||
24 | 24-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-1.6, or 24-1.7 of the | ||||||
25 | Criminal Code of 1961 relating
to deadly
unlawful use of | ||||||
26 | weapons, in which case the suspension shall be for one
year |
| |||||||
| |||||||
1 | if the violation is a misdemeanor or a Class 3 or Class 4 | ||||||
2 | felony and shall be for 3 years if the violation is a Class | ||||||
3 | X, Class 1, or Class 2 felony ;
| ||||||
4 | 23. Has, as a driver, been convicted of committing a | ||||||
5 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
6 | for a second or subsequent
time within one year of a | ||||||
7 | similar violation;
| ||||||
8 | 24. Has been convicted by a court-martial or punished | ||||||
9 | by non-judicial
punishment by military authorities of the | ||||||
10 | United States at a military
installation in Illinois of or | ||||||
11 | for a traffic related offense that is the
same as or | ||||||
12 | similar to an offense specified under Section 6-205 or | ||||||
13 | 6-206 of
this Code;
| ||||||
14 | 25. Has permitted any form of identification to be used | ||||||
15 | by another in
the application process in order to obtain or | ||||||
16 | attempt to obtain a license,
identification card, or | ||||||
17 | permit;
| ||||||
18 | 26. Has altered or attempted to alter a license or has | ||||||
19 | possessed an
altered license, identification card, or | ||||||
20 | permit;
| ||||||
21 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
22 | of 1934;
| ||||||
23 | 28. Has been convicted of the illegal possession, while | ||||||
24 | operating or
in actual physical control, as a driver, of a | ||||||
25 | motor vehicle, of any
controlled substance prohibited | ||||||
26 | under the Illinois Controlled Substances
Act, any cannabis |
| |||||||
| |||||||
1 | prohibited under the Cannabis Control
Act, or any | ||||||
2 | methamphetamine prohibited under the Methamphetamine | ||||||
3 | Control and Community Protection Act, in which case the | ||||||
4 | person's driving privileges shall be suspended for
one | ||||||
5 | year, and any driver who is convicted of a second or | ||||||
6 | subsequent
offense, within 5 years of a previous | ||||||
7 | conviction, for the illegal
possession, while operating or | ||||||
8 | in actual physical control, as a driver, of
a motor | ||||||
9 | vehicle, of any controlled substance prohibited under the | ||||||
10 | Illinois Controlled Substances Act, any cannabis
| ||||||
11 | prohibited under the Cannabis Control Act, or any | ||||||
12 | methamphetamine prohibited under the Methamphetamine | ||||||
13 | Control and Community Protection Act shall be suspended for | ||||||
14 | 5 years.
Any defendant found guilty of this offense while | ||||||
15 | operating a motor vehicle,
shall have an entry made in the | ||||||
16 | court record by the presiding judge that
this offense did | ||||||
17 | occur while the defendant was operating a motor vehicle
and | ||||||
18 | order the clerk of the court to report the violation to the | ||||||
19 | Secretary
of State;
| ||||||
20 | 29. Has been convicted of the following offenses that | ||||||
21 | were committed
while the person was operating or in actual | ||||||
22 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
23 | sexual assault,
predatory criminal sexual assault of a | ||||||
24 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
25 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
26 | soliciting for a juvenile prostitute and the manufacture, |
| |||||||
| |||||||
1 | sale or
delivery of controlled substances or instruments | ||||||
2 | used for illegal drug use
or abuse in which case the | ||||||
3 | driver's driving privileges shall be suspended
for one | ||||||
4 | year;
| ||||||
5 | 30. Has been convicted a second or subsequent time for | ||||||
6 | any
combination of the offenses named in paragraph 29 of | ||||||
7 | this subsection,
in which case the person's driving | ||||||
8 | privileges shall be suspended for 5
years;
| ||||||
9 | 31. Has refused to submit to a test as
required by | ||||||
10 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
11 | alcohol concentration of 0.08 or more or any amount of a | ||||||
12 | drug, substance, or
compound resulting from the unlawful | ||||||
13 | use or consumption of cannabis as listed
in the Cannabis | ||||||
14 | Control Act, a controlled substance as listed in the | ||||||
15 | Illinois
Controlled Substances Act, or an intoxicating | ||||||
16 | compound as listed in the Use of
Intoxicating Compounds | ||||||
17 | Act, in which case the penalty shall be
as prescribed in | ||||||
18 | Section 6-208.1;
| ||||||
19 | 32. (Blank).
Has been convicted of Section 24-1.2 of | ||||||
20 | the Criminal Code of
1961 relating to the aggravated | ||||||
21 | discharge of a firearm if the offender was
located in a | ||||||
22 | motor vehicle at the time the firearm was discharged, in | ||||||
23 | which
case the suspension shall be for 3 years;
| ||||||
24 | 33. Has as a driver, who was less than 21 years of age | ||||||
25 | on the date of
the offense, been convicted a first time of | ||||||
26 | a violation of paragraph (a) of
Section 11-502 of this Code |
| |||||||
| |||||||
1 | or a similar provision of a local ordinance;
| ||||||
2 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
3 | this Code;
| ||||||
4 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
5 | this Code;
| ||||||
6 | 36. Is under the age of 21 years at the time of arrest | ||||||
7 | and has been
convicted of not less than 2 offenses against | ||||||
8 | traffic regulations governing
the movement of vehicles | ||||||
9 | committed within any 24 month period. No revocation
or | ||||||
10 | suspension shall be entered more than 6 months after the | ||||||
11 | date of last
conviction;
| ||||||
12 | 37. Has committed a violation of subsection (c) of | ||||||
13 | Section 11-907 of this
Code;
| ||||||
14 | 38. Has been convicted of a violation of Section 6-20 | ||||||
15 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
16 | a local ordinance;
| ||||||
17 | 39. Has committed a second or subsequent violation of | ||||||
18 | Section
11-1201 of this Code;
| ||||||
19 | 40. Has committed a violation of subsection (a-1) of | ||||||
20 | Section 11-908 of
this Code; | ||||||
21 | 41. Has committed a second or subsequent violation of | ||||||
22 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
23 | the previous violation, in which case the suspension shall | ||||||
24 | be for 90 days; or | ||||||
25 | 42. Has committed a violation of subsection (a-1) of | ||||||
26 | Section 11-1301.3 of this Code. |
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| |||||||
1 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
2 | and 27 of this
subsection, license means any driver's license, | ||||||
3 | any traffic ticket issued when
the person's driver's license is | ||||||
4 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
5 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
6 | a probationary driver's license or a temporary driver's | ||||||
7 | license.
| ||||||
8 | (b) If any conviction forming the basis of a suspension or
| ||||||
9 | revocation authorized under this Section is appealed, the
| ||||||
10 | Secretary of State may rescind or withhold the entry of the | ||||||
11 | order of suspension
or revocation, as the case may be, provided | ||||||
12 | that a certified copy of a stay
order of a court is filed with | ||||||
13 | the Secretary of State. If the conviction is
affirmed on | ||||||
14 | appeal, the date of the conviction shall relate back to the | ||||||
15 | time
the original judgment of conviction was entered and the 6 | ||||||
16 | month limitation
prescribed shall not apply.
| ||||||
17 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
18 | permit of
any person as authorized in this Section, the | ||||||
19 | Secretary of State shall
immediately notify the person in | ||||||
20 | writing of the revocation or suspension.
The notice to be | ||||||
21 | deposited in the United States mail, postage prepaid,
to | ||||||
22 | the last known address of the person.
| ||||||
23 | 2. If the Secretary of State suspends the driver's | ||||||
24 | license
of a person under subsection 2 of paragraph (a) of | ||||||
25 | this Section, a
person's privilege to operate a vehicle as | ||||||
26 | an occupation shall not be
suspended, provided an affidavit |
| |||||||
| |||||||
1 | is properly completed, the appropriate fee
received, and a | ||||||
2 | permit issued prior to the effective date of the
| ||||||
3 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
4 | which occurred
while operating a commercial vehicle in | ||||||
5 | connection with the driver's
regular occupation. All other | ||||||
6 | driving privileges shall be suspended by the
Secretary of | ||||||
7 | State. Any driver prior to operating a vehicle for
| ||||||
8 | occupational purposes only must submit the affidavit on | ||||||
9 | forms to be
provided by the Secretary of State setting | ||||||
10 | forth the facts of the person's
occupation. The affidavit | ||||||
11 | shall also state the number of offenses
committed while | ||||||
12 | operating a vehicle in connection with the driver's regular
| ||||||
13 | occupation. The affidavit shall be accompanied by the | ||||||
14 | driver's license.
Upon receipt of a properly completed | ||||||
15 | affidavit, the Secretary of State
shall issue the driver a | ||||||
16 | permit to operate a vehicle in connection with the
driver's | ||||||
17 | regular occupation only. Unless the permit is issued by the
| ||||||
18 | Secretary of State prior to the date of suspension, the | ||||||
19 | privilege to drive
any motor vehicle shall be suspended as | ||||||
20 | set forth in the notice that was
mailed under this Section. | ||||||
21 | If an affidavit is received subsequent to the
effective | ||||||
22 | date of this suspension, a permit may be issued for the | ||||||
23 | remainder
of the suspension period.
| ||||||
24 | The provisions of this subparagraph shall not apply to | ||||||
25 | any driver
required to possess a CDL for the purpose of | ||||||
26 | operating a commercial motor vehicle.
|
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| |||||||
1 | Any person who falsely states any fact in the affidavit | ||||||
2 | required
herein shall be guilty of perjury under Section | ||||||
3 | 6-302 and upon conviction
thereof shall have all driving | ||||||
4 | privileges revoked without further rights.
| ||||||
5 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
6 | of this Code,
the Secretary of State shall either rescind | ||||||
7 | or continue an order of
revocation or shall substitute an | ||||||
8 | order of suspension; or, good
cause appearing therefor, | ||||||
9 | rescind, continue, change, or extend the
order of | ||||||
10 | suspension. If the Secretary of State does not rescind the | ||||||
11 | order,
the Secretary may upon application,
to relieve undue | ||||||
12 | hardship, issue
a restricted driving permit granting the | ||||||
13 | privilege of driving a motor
vehicle between the | ||||||
14 | petitioner's residence and petitioner's place of
| ||||||
15 | employment or within the scope of his employment related | ||||||
16 | duties, or to
allow transportation for the petitioner, or a | ||||||
17 | household member of the
petitioner's family, to receive | ||||||
18 | necessary medical care and if the
professional evaluation | ||||||
19 | indicates, provide transportation for alcohol
remedial or | ||||||
20 | rehabilitative activity, or for the petitioner to attend
| ||||||
21 | classes, as a student, in an accredited educational | ||||||
22 | institution; if the
petitioner is able to demonstrate that | ||||||
23 | no alternative means of
transportation is reasonably | ||||||
24 | available and the petitioner will not endanger
the public | ||||||
25 | safety or welfare.
| ||||||
26 | If a person's license or permit has been revoked or |
| |||||||
| |||||||
1 | suspended due to 2
or more convictions of violating Section | ||||||
2 | 11-501 of this Code or a similar
provision of a local | ||||||
3 | ordinance or a similar out-of-state offense, arising out
of | ||||||
4 | separate occurrences, that person, if issued a restricted | ||||||
5 | driving permit,
may not operate a vehicle unless it has | ||||||
6 | been equipped with an ignition
interlock device as defined | ||||||
7 | in Section 1-129.1.
| ||||||
8 | If a person's license or permit has been revoked or | ||||||
9 | suspended 2 or more
times within a 10 year period due to a | ||||||
10 | single conviction of violating Section
11-501 of this Code | ||||||
11 | or a similar provision of a local ordinance or a similar
| ||||||
12 | out-of-state offense, and a statutory summary suspension | ||||||
13 | under Section
11-501.1, or 2 or more statutory summary | ||||||
14 | suspensions, or combination of 2
offenses, or of an offense | ||||||
15 | and a statutory summary suspension, arising out of
separate | ||||||
16 | occurrences, that person, if issued a restricted driving | ||||||
17 | permit, may
not operate a vehicle unless it has been
| ||||||
18 | equipped with an ignition interlock device as defined in | ||||||
19 | Section 1-129.1.
The person must pay to the Secretary of | ||||||
20 | State DUI Administration Fund an amount
not to exceed $20 | ||||||
21 | per month. The Secretary shall establish by rule the amount
| ||||||
22 | and the procedures, terms, and conditions relating to these | ||||||
23 | fees. If the
restricted driving permit was issued for | ||||||
24 | employment purposes, then this
provision does not apply to | ||||||
25 | the operation of an occupational vehicle owned or
leased by | ||||||
26 | that person's employer. In each case the Secretary may |
| |||||||
| |||||||
1 | issue a
restricted driving permit for a period deemed | ||||||
2 | appropriate, except that all
permits shall expire within | ||||||
3 | one year from the date of issuance. The Secretary
may not, | ||||||
4 | however, issue a restricted driving permit to any person | ||||||
5 | whose current
revocation is the result of a second or | ||||||
6 | subsequent conviction for a violation
of Section 11-501 of | ||||||
7 | this Code or a similar provision of a local ordinance
| ||||||
8 | relating to the offense of operating or being in physical | ||||||
9 | control of a motor
vehicle while under the influence of | ||||||
10 | alcohol, other drug or drugs, intoxicating
compound or | ||||||
11 | compounds, or any similar out-of-state offense, or any | ||||||
12 | combination
of those offenses, until the expiration of at | ||||||
13 | least one year from the date of
the revocation. A
| ||||||
14 | restricted driving permit issued under this Section shall | ||||||
15 | be subject to
cancellation, revocation, and suspension by | ||||||
16 | the Secretary of State in like
manner and for like cause as | ||||||
17 | a driver's license issued under this Code may be
cancelled, | ||||||
18 | revoked, or suspended; except that a conviction upon one or | ||||||
19 | more
offenses against laws or ordinances regulating the | ||||||
20 | movement of traffic
shall be deemed sufficient cause for | ||||||
21 | the revocation, suspension, or
cancellation of a | ||||||
22 | restricted driving permit. The Secretary of State may, as
a | ||||||
23 | condition to the issuance of a restricted driving permit, | ||||||
24 | require the
applicant to participate in a designated driver | ||||||
25 | remedial or rehabilitative
program. The Secretary of State | ||||||
26 | is authorized to cancel a restricted
driving permit if the |
| |||||||
| |||||||
1 | permit holder does not successfully complete the program.
| ||||||
2 | (c-5) The Secretary of State may, as a condition of the | ||||||
3 | reissuance of a
driver's license or permit to an applicant | ||||||
4 | whose driver's license or permit has
been suspended before he | ||||||
5 | or she reached the age of 18 years pursuant to any of
the | ||||||
6 | provisions of this Section, require the applicant to | ||||||
7 | participate in a
driver remedial education course and be | ||||||
8 | retested under Section 6-109 of this
Code.
| ||||||
9 | (d) This Section is subject to the provisions of the | ||||||
10 | Drivers License
Compact.
| ||||||
11 | (e) The Secretary of State shall not issue a restricted | ||||||
12 | driving permit to
a person under the age of 16 years whose | ||||||
13 | driving privileges have been suspended
or revoked under any | ||||||
14 | provisions of this Code.
| ||||||
15 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
16 | State may not issue a restricted driving permit for the | ||||||
17 | operation of a commercial motor vehicle to a person holding a | ||||||
18 | CDL whose driving privileges have been suspended or revoked | ||||||
19 | under any provisions of this Code. | ||||||
20 | (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | ||||||
21 | 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | ||||||
22 | 9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)
|