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Judiciary II - Criminal Law Committee
Filed: 3/6/2008
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09500HB4738ham001 |
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LRB095 15226 RLC 47185 a |
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| AMENDMENT TO HOUSE BILL 4738
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| AMENDMENT NO. ______. Amend House Bill 4738 on page 1, by |
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| inserting immediately below line 3 the following:
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| "Section 2. The Illinois Vehicle Code is amended by |
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| changing Section 6-205 as follows:
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| (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
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| (Text of Section after amendment by P.A. 95-337 and 95-627 ) |
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| Sec. 6-205. Mandatory revocation of license or permit; |
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| Hardship cases.
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| (a) Except as provided in this Section, the Secretary of |
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| State shall
immediately revoke the license, permit, or driving |
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| privileges of
any driver upon receiving a
report of the |
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| driver's conviction of any of the following offenses:
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| 1. Reckless homicide resulting from the operation of a |
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| motor vehicle;
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| 2. Violation of Section 11-501 of this Code or a |
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LRB095 15226 RLC 47185 a |
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| similar provision of
a local ordinance relating to the |
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| offense of operating or being in physical
control of a |
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| vehicle while under the influence of alcohol, other drug or
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| drugs, intoxicating compound or compounds, or any |
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| combination thereof;
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| 3. Any felony under the laws of any State or the |
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| federal government
in the commission of which a motor |
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| vehicle was used;
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| 4. Violation of Section 11-401 of this Code relating to |
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| the offense of
leaving the scene of a traffic accident |
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| involving death or personal injury;
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| 5. Perjury or the making of a false affidavit or |
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| statement under
oath to the Secretary of State under this |
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| Code or under any
other law relating to the ownership or |
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| operation of motor vehicles;
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| 6. Conviction upon 3 charges of violation of Section |
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| 11-503 of this
Code relating to the offense of reckless |
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| driving committed within a
period of 12 months;
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| 7. Conviction of any offense
defined in
Section 4-102 |
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| of this Code;
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| 8. Violation of Section 11-504 of this Code relating to |
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| the offense
of drag racing;
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| 9. Violation of Chapters 8 and 9 of this Code;
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| 10. Violation of Section 12-5 of the Criminal Code of |
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| 1961 arising from
the use of a motor vehicle;
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| 11. Violation of Section 11-204.1 of this Code relating |
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LRB095 15226 RLC 47185 a |
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| to aggravated
fleeing or attempting to elude a peace |
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| officer;
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| 12. Violation of paragraph (1) of subsection (b) of |
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| Section 6-507,
or a similar law of any other state, |
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| relating to the
unlawful operation of a commercial motor |
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| vehicle;
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| 13. Violation of paragraph (a) of Section 11-502 of |
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| this Code or a
similar provision of a local ordinance if |
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| the driver has been previously
convicted of a violation of |
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| that Section or a similar provision of a local
ordinance |
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| and the driver was less than 21 years of age at the time of |
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| the
offense;
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| 14. Violation of Section 11-506 of this Code or a |
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| similar provision of a local ordinance relating to the |
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| offense of street racing ; .
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| 15. Violation of Section 9-3.4 of the Criminal Code of |
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| 1961 relating to the offense of negligent vehicular |
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| homicide. |
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| (b) The Secretary of State shall also immediately revoke |
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| the license
or permit of any driver in the following |
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| situations:
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| 1. Of any minor upon receiving the notice provided for |
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| in Section
5-901 of the Juvenile Court Act of 1987 that the |
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| minor has been
adjudicated under that Act as having |
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| committed an offense relating to
motor vehicles prescribed |
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| in Section 4-103 of this Code;
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LRB095 15226 RLC 47185 a |
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| 2. Of any person when any other law of this State |
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| requires either the
revocation or suspension of a license |
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| or permit;
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| 3. Of any person adjudicated under the Juvenile Court |
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| Act of 1987 based on an offense determined to have been |
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| committed in furtherance of the criminal activities of an |
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| organized gang as provided in Section 5-710 of that Act, |
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| and that involved the operation or use of a motor vehicle |
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| or the use of a driver's license or permit. The revocation |
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| shall remain in effect for the period determined by the |
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| court. Upon the direction of the court, the Secretary shall |
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| issue the person a judicial driving permit, also known as a |
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| JDP. The JDP shall be subject to the same terms as a JDP |
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| issued under Section 6-206.1, except that the court may |
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| direct that a JDP issued under this subdivision (b)(3) be |
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| effective immediately.
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| (c)(1) Except as provided in subsection (c-5), whenever a |
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| person is convicted of any of the offenses enumerated in
this |
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| Section, the court may recommend and the Secretary of State in |
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| his
discretion, without regard to whether the recommendation is |
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| made by the
court may, upon application,
issue to the person a
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| restricted driving permit granting the privilege of driving a |
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| motor
vehicle between the petitioner's residence and |
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| petitioner's place
of employment or within the scope of the |
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| petitioner's employment related
duties, or to allow |
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| transportation for the petitioner or a household member
of the |
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LRB095 15226 RLC 47185 a |
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| petitioner's family for the receipt of necessary medical care |
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| or , provide transportation for the
petitioner to and from |
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| alcohol or drug remedial or rehabilitative activity |
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| recommended by a licensed service provider, or for the
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| petitioner to attend classes, as a student, in an accredited |
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| educational
institution; if the petitioner is able to |
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| demonstrate that no alternative means
of transportation is |
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| reasonably available and that the petitioner will not endanger
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| the public safety or welfare; provided that the Secretary's |
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| discretion shall be
limited to cases where undue hardship, as |
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| defined by the rules of the Secretary of State, would result |
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| from a failure to issue the
restricted driving permit. Those |
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| multiple offenders identified in subdivision (b)4 of Section |
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| 6-208 of this Code, however, shall not be eligible for the |
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| issuance of a restricted driving permit.
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| (2) If a person's license or permit is revoked or |
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| suspended due to 2 or
more convictions of violating Section |
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| 11-501 of this Code or a similar
provision of a local |
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| ordinance or a similar out-of-state offense, or Section 9-3 |
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| of the Criminal Code of 1961, where the use of alcohol or |
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| other drugs is recited as an element of the offense, or a |
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| similar out-of-state offense, or a combination of these |
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| offenses, arising out
of separate occurrences, that |
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| person, if issued a restricted driving permit,
may not |
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| operate a vehicle unless it has been equipped with an |
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| ignition
interlock device as defined in Section 1-129.1.
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09500HB4738ham001 |
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LRB095 15226 RLC 47185 a |
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| (3) If :
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| (A) a person's license or permit is revoked or |
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| suspended 2 or more
times within a 10 year period due |
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| to any combination of: |
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| (i)
(A) a single conviction of violating |
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| Section
11-501 of this Code or a similar provision |
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| of a local ordinance or a similar
out-of-state |
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| offense, or Section 9-3 of the Criminal Code of |
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| 1961, where the use of alcohol or other drugs is |
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| recited as an element of the offense, or a similar |
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| out-of-state offense; or |
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| (ii)
(B) a statutory summary suspension under |
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| Section
11-501.1; or |
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| (iii)
(C) a suspension pursuant to Section |
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| 6-203.1 ; ,
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| arising out of
separate occurrences ; , or |
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| (B)
if a person has been convicted of one violation |
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| of Section 6-303 of this Code committed while his or |
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| her driver's license, permit, or privilege was revoked |
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| because of a violation of Section 9-3 of the Criminal |
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| Code of 1961, relating to the offense of reckless |
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| homicide, or a similar provision of a law of another |
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| state ; , |
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| that person, if issued a restricted
driving permit, may not |
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| operate a vehicle unless it has been equipped with an
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| ignition interlock device as defined in Section 1-129.1. |
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LRB095 15226 RLC 47185 a |
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| (4)
The person must pay to the Secretary of State DUI |
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| Administration Fund an amount
not to exceed $20 per month. |
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| The Secretary shall establish by rule the amount
and the |
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| procedures, terms, and conditions relating to these fees. |
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| (5)
If the restricted driving permit is issued for |
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| employment purposes, then
the prohibition against |
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| operating a motor vehicle that is not equipped with an |
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| ignition interlock device does not apply to the operation |
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| of an occupational vehicle
owned or leased by that person's |
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| employer when used solely for employment purposes. |
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| (6)
In each case the Secretary of State may issue a
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| restricted driving permit for a period he deems |
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| appropriate, except that the
permit shall expire within one |
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| year from the date of issuance. The Secretary
may not, |
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| however, issue a restricted driving permit to any person |
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| whose current
revocation is the result of a second or |
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| subsequent conviction for a violation
of Section 11-501 of |
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| this Code or a similar provision of a local ordinance
or |
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| any similar out-of-state offense, or Section 9-3 of the |
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| Criminal Code of 1961, where the use of alcohol or other |
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| drugs is recited as an element of the offense, or any |
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| similar out-of-state offense, or any combination of these |
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| offenses, until the expiration of at least one year from |
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| the date of the
revocation. A restricted
driving permit |
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| issued under this Section shall be
subject to cancellation, |
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| revocation, and suspension by the Secretary of
State in |
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LRB095 15226 RLC 47185 a |
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| like manner and for like cause as a driver's license issued
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| under this Code may be cancelled, revoked, or
suspended; |
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| except that a conviction upon one or more offenses against |
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| laws or
ordinances regulating the movement of traffic shall |
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| be deemed sufficient cause
for the revocation, suspension, |
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| or cancellation of a restricted driving permit.
The |
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| Secretary of State may, as a condition to the issuance of a |
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| restricted
driving permit, require the petitioner to |
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| participate in a designated driver
remedial or |
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| rehabilitative program. The Secretary of State is |
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| authorized to
cancel a restricted driving permit if the |
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| permit holder does not successfully
complete the program. |
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| However, if an individual's driving privileges have been
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| revoked in accordance with paragraph 13 of subsection (a) |
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| of this Section, no
restricted driving permit shall be |
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| issued until the individual has served 6
months of the |
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| revocation period.
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| (c-5) The Secretary may not issue a restricted driving |
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| permit to any person who has been convicted of a second or |
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| subsequent violation of Section 6-303 of this Code committed |
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| while his or her driver's license, permit, or privilege was |
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| revoked because of a violation of Section 9-3 of the Criminal |
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| Code of 1961, relating to the offense of reckless homicide, or |
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| a similar provision of a law of another state.
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| (d)(1) Whenever a person under the age of 21 is convicted |
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| under Section
11-501 of this Code or a similar provision of a |
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LRB095 15226 RLC 47185 a |
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| local ordinance , or a similar out-of-state offense, the
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| Secretary of State shall revoke the driving privileges of that |
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| person. One
year after the date of revocation, and upon |
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| application, the Secretary of
State may, if satisfied that the |
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| person applying will not endanger the
public safety or welfare, |
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| issue a restricted driving permit granting the
privilege of |
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| driving a motor vehicle only between the hours of 5 a.m. and 9
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| p.m. or as otherwise provided by this Section for a period of |
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| one year.
After this one year period, and upon reapplication |
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| for a license as
provided in Section 6-106, upon payment of the |
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| appropriate reinstatement
fee provided under paragraph (b) of |
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| Section 6-118, the Secretary of State,
in his discretion, may
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| reinstate the petitioner's driver's license and driving |
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| privileges, or extend the restricted driving permit as many |
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| times as the
Secretary of State deems appropriate, by |
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| additional periods of not more than
12 months each.
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| (2) If a person's license or permit is revoked or |
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| suspended due to 2 or
more convictions of violating Section |
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| 11-501 of this Code or a similar
provision of a local |
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| ordinance or a similar out-of-state offense, or Section 9-3 |
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| of the Criminal Code of 1961, where the use of alcohol or |
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| other drugs is recited as an element of the offense, or a |
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| similar out-of-state offense, or a combination of these |
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| offenses, arising out
of separate occurrences, that |
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| person, if issued a restricted driving permit,
may not |
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| operate a vehicle unless it has been equipped with an |
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09500HB4738ham001 |
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LRB095 15226 RLC 47185 a |
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| ignition
interlock device as defined in Section 1-129.1.
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| (3) If a person's license or permit is revoked or |
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| suspended 2 or more times
within a 10 year period due to |
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| any combination of: |
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| (A) a single conviction of violating Section |
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| 11-501
of this
Code or a similar provision of a local |
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| ordinance or a similar out-of-state
offense, or |
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| Section 9-3 of the Criminal Code of 1961, where the use |
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| of alcohol or other drugs is recited as an element of |
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| the offense, or a similar out-of-state offense; or |
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| (B)
a statutory summary suspension under Section |
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| 11-501.1; or |
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| (C) a suspension pursuant to Section 6-203.1 ; , |
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| arising out of separate occurrences, that person, if issued |
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| a
restricted
driving permit, may not operate a vehicle |
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| unless it has been equipped with an
ignition interlock |
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| device as defined in Section 1-129.1. |
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| (4)
The person must pay to the Secretary of State DUI |
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| Administration Fund an amount
not to exceed $20 per month. |
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| The Secretary shall establish by rule the amount
and the |
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| procedures, terms, and conditions relating to these fees. |
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| (5)
If the restricted driving permit is issued for |
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| employment purposes, then
the prohibition against driving |
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| a vehicle that is not equipped with an ignition interlock |
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| device does not apply to the operation of an occupational |
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| vehicle
owned or leased by that person's employer when used |
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| solely for employment purposes. |
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| (6) A
restricted driving permit issued under this |
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| Section shall be subject to
cancellation, revocation, and |
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| suspension by the Secretary of State in like
manner and for |
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| like cause as a driver's license issued under this Code may |
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| be
cancelled, revoked, or suspended; except that a |
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| conviction upon one or more
offenses against laws or |
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| ordinances regulating the movement of traffic
shall be |
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| deemed sufficient cause for the revocation, suspension, or
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| cancellation of a restricted driving permit.
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| (d-5) The revocation of the license, permit, or driving |
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| privileges of a person convicted of a third or subsequent |
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| violation of Section 6-303 of this Code committed while his or |
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| her driver's license, permit, or privilege was revoked because |
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| of a violation of Section 9-3 of the Criminal Code of 1961, |
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| relating to the offense of reckless homicide, or a similar |
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| provision of a law of another state, is permanent. The |
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| Secretary may not, at any time, issue a license or permit to |
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| that person.
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| (e) This Section is subject to the provisions of the Driver |
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| License
Compact.
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| (f) Any revocation imposed upon any person under |
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| subsections 2
and 3 of paragraph (b) that is in effect on |
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| December 31, 1988 shall be
converted to a suspension for a like |
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| period of time.
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| (g) The Secretary of State shall not issue a restricted |
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LRB095 15226 RLC 47185 a |
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| driving permit to
a person under the age of 16 years whose |
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| driving privileges have been revoked
under any provisions of |
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| this Code.
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| (h) The Secretary of State shall require the use of |
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| ignition interlock
devices on all vehicles owned by an |
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| individual who has been convicted of a
second or subsequent |
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| offense under Section 11-501 of this Code or a similar
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| provision of a local ordinance. The Secretary shall establish |
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| by rule and
regulation the procedures for certification and use |
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| of the interlock
system.
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| (i) (Blank).
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| (j) In accordance with 49 C.F.R. 384, the Secretary of |
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| State may not issue a restricted driving permit for the |
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| operation of a commercial motor vehicle to a person holding a |
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| CDL whose driving privileges have been revoked, suspended, |
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| cancelled, or disqualified under any provisions of this Code.
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| (Source: P.A. 94-307, eff. 9-30-05; 95-310, eff. 1-1-08; |
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| 95-337, eff. 6-1-08; 95-377, eff. 1-1-08; 95-382, eff. 8-23-07; |
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| 95-627, eff. 6-1-08; revised 2-7-08.)".
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