|
|||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
1 | AN ACT concerning transportation.
| ||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 6-201, 6-205, and 6-206 as follows:
| ||||||||||||||||||||||||||||
6 | (625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
| ||||||||||||||||||||||||||||
7 | Sec. 6-201. Authority to cancel licenses and permits.
| ||||||||||||||||||||||||||||
8 | (a) The Secretary of State is authorized to cancel any | ||||||||||||||||||||||||||||
9 | license or permit
upon determining that the holder thereof:
| ||||||||||||||||||||||||||||
10 | 1. was not entitled to the issuance thereof hereunder; | ||||||||||||||||||||||||||||
11 | or
| ||||||||||||||||||||||||||||
12 | 2. failed to give the required or correct information | ||||||||||||||||||||||||||||
13 | in his
application; or
| ||||||||||||||||||||||||||||
14 | 3. failed to pay any fees, civil penalties owed to the | ||||||||||||||||||||||||||||
15 | Illinois Commerce
Commission, or taxes due under this Act | ||||||||||||||||||||||||||||
16 | and upon reasonable notice and demand;
or
| ||||||||||||||||||||||||||||
17 | 4. committed any fraud in the making of such | ||||||||||||||||||||||||||||
18 | application; or
| ||||||||||||||||||||||||||||
19 | 5. is ineligible therefor under the provisions of | ||||||||||||||||||||||||||||
20 | Section 6-103 of this
Act, as amended; or
| ||||||||||||||||||||||||||||
21 | 6. has refused or neglected to submit an alcohol, drug, | ||||||||||||||||||||||||||||
22 | and
intoxicating compound evaluation or to
submit to | ||||||||||||||||||||||||||||
23 | examination or re-examination as required under this Act; |
| |||||||
| |||||||
1 | or
| ||||||
2 | 7. has been convicted of violating the Cannabis Control | ||||||
3 | Act,
the
Illinois Controlled Substances Act, the | ||||||
4 | Methamphetamine Control and Community Protection Act, or | ||||||
5 | the Use of Intoxicating Compounds
Act while that individual | ||||||
6 | was in actual physical
control of a motor vehicle. For | ||||||
7 | purposes of this Section, any person placed on
probation | ||||||
8 | under Section 10 of the Cannabis Control Act, Section 410 | ||||||
9 | of the
Illinois Controlled Substances Act, or Section 70 of | ||||||
10 | the Methamphetamine Control and Community Protection Act | ||||||
11 | shall not be considered convicted. Any
person found guilty | ||||||
12 | of this offense, while in actual physical control of a
| ||||||
13 | motor vehicle, shall have an entry made in the court record | ||||||
14 | by the
judge that this offense did occur while the person | ||||||
15 | was in actual
physical control of a motor vehicle and order | ||||||
16 | the clerk of the court to report
the violation to the | ||||||
17 | Secretary of State as such. After the cancellation, the
| ||||||
18 | Secretary of State shall not issue a new license or permit | ||||||
19 | for a period of one
year after the date of cancellation. | ||||||
20 | However, upon application, the Secretary
of State may, if | ||||||
21 | satisfied that the person applying will not endanger the
| ||||||
22 | public safety, or welfare, issue a restricted driving | ||||||
23 | permit granting the
privilege of driving a motor vehicle | ||||||
24 | between the petitioner's
person's residence and
| ||||||
25 | petitioner's
person's place of employment or within the | ||||||
26 | scope of the petitioner's
person's employment
related |
| |||||||
| |||||||
1 | duties, or to allow transportation for
the petitioner
| ||||||
2 | person or a household member of the petitioner's
person's | ||||||
3 | family for the receipt of
necessary medical care or, if the | ||||||
4 | professional evaluation indicates,
provide transportation | ||||||
5 | for the petitioner to and from
for alcohol or drug remedial | ||||||
6 | or
rehabilitative activity recommended by a licensed | ||||||
7 | service provider , or for the petitioner
person to attend | ||||||
8 | classes, as a student,
in an accredited educational | ||||||
9 | institution . The petitioner must ; if the person is able to
| ||||||
10 | demonstrate that no alternative means of transportation is | ||||||
11 | reasonably
available; provided that the Secretary's | ||||||
12 | discretion shall be limited to
cases where undue hardship , | ||||||
13 | as defined by the rules of the Secretary of State, would | ||||||
14 | result from a failure to issue such
restricted driving | ||||||
15 | permit. In each case the Secretary of State may issue
such | ||||||
16 | restricted driving permit for such period as he deems | ||||||
17 | appropriate,
except that such permit shall expire within | ||||||
18 | one year from the date of
issuance. A restricted driving | ||||||
19 | permit issued hereunder shall be subject to
cancellation, | ||||||
20 | revocation and suspension by the Secretary of State in like
| ||||||
21 | manner and for like cause as a driver's license issued | ||||||
22 | hereunder may be
cancelled, revoked or suspended; except | ||||||
23 | that a conviction upon one or more
offenses against laws or | ||||||
24 | ordinances regulating the movement of traffic
shall be | ||||||
25 | deemed sufficient cause for the revocation, suspension or
| ||||||
26 | cancellation of a restricted driving permit. The Secretary |
| |||||||
| |||||||
1 | of State may,
as a condition to the issuance of a | ||||||
2 | restricted driving permit, require the
applicant to | ||||||
3 | participate in a driver remedial or rehabilitative
| ||||||
4 | program; or
| ||||||
5 | 8. failed to submit a report as required by Section | ||||||
6 | 6-116.5 of this
Code; or
| ||||||
7 | 9. has been convicted of a sex offense as defined in | ||||||
8 | the Sex Offender Registration Act. The driver's license | ||||||
9 | shall remain cancelled until the driver registers as a sex | ||||||
10 | offender as required by the Sex Offender Registration Act, | ||||||
11 | proof of the registration is furnished to the Secretary of | ||||||
12 | State and the sex offender provides proof of current | ||||||
13 | address to the Secretary ; or .
| ||||||
14 | 10.
9. is ineligible for a license or permit under | ||||||
15 | Section 6-107, 6-107.1, or
6-108 of this Code.
| ||||||
16 | (b) Upon such cancellation the licensee or permittee must | ||||||
17 | surrender the
license or permit so cancelled to the Secretary | ||||||
18 | of State.
| ||||||
19 | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||||||
20 | Secretary of State
shall have exclusive authority to grant, | ||||||
21 | issue, deny, cancel, suspend and
revoke driving privileges, | ||||||
22 | drivers' licenses and restricted driving permits.
| ||||||
23 | (d) The Secretary of State may adopt rules to implement | ||||||
24 | this Section.
| ||||||
25 | (Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; | ||||||
26 | 94-993, eff. 1-1-07; revised 8-3-06.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| ||||||
2 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
3 | Hardship cases.
| ||||||
4 | (a) Except as provided in this Section, the Secretary of | ||||||
5 | State shall
immediately revoke the license, permit, or driving | ||||||
6 | privileges of
any driver upon receiving a
report of the | ||||||
7 | driver's conviction of any of the following offenses:
| ||||||
8 | 1. Reckless homicide resulting from the operation of a | ||||||
9 | motor vehicle;
| ||||||
10 | 2. Violation of Section 11-501 of this Code or a | ||||||
11 | similar provision of
a local ordinance relating to the | ||||||
12 | offense of operating or being in physical
control of a | ||||||
13 | vehicle while under the influence of alcohol, other drug or
| ||||||
14 | drugs, intoxicating compound or compounds, or any | ||||||
15 | combination thereof;
| ||||||
16 | 3. Any felony under the laws of any State or the | ||||||
17 | federal government
in the commission of which a motor | ||||||
18 | vehicle was used;
| ||||||
19 | 4. Violation of Section 11-401 of this Code relating to | ||||||
20 | the offense of
leaving the scene of a traffic accident | ||||||
21 | involving death or personal injury;
| ||||||
22 | 5. Perjury or the making of a false affidavit or | ||||||
23 | statement under
oath to the Secretary of State under this | ||||||
24 | Code or under any
other law relating to the ownership or | ||||||
25 | operation of motor vehicles;
|
| |||||||
| |||||||
1 | 6. Conviction upon 3 charges of violation of Section | ||||||
2 | 11-503 of this
Code relating to the offense of reckless | ||||||
3 | driving committed within a
period of 12 months;
| ||||||
4 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
5 | of this Code;
| ||||||
6 | 8. Violation of Section 11-504 of this Code relating to | ||||||
7 | the offense
of drag racing;
| ||||||
8 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
9 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
10 | 1961 arising from
the use of a motor vehicle;
| ||||||
11 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
12 | to aggravated
fleeing or attempting to elude a peace | ||||||
13 | officer;
| ||||||
14 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
15 | Section 6-507,
or a similar law of any other state, | ||||||
16 | relating to the
unlawful operation of a commercial motor | ||||||
17 | vehicle;
| ||||||
18 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
19 | this Code or a
similar provision of a local ordinance if | ||||||
20 | the driver has been previously
convicted of a violation of | ||||||
21 | that Section or a similar provision of a local
ordinance | ||||||
22 | and the driver was less than 21 years of age at the time of | ||||||
23 | the
offense.
| ||||||
24 | (b) The Secretary of State shall also immediately revoke | ||||||
25 | the license
or permit of any driver in the following | ||||||
26 | situations:
|
| |||||||
| |||||||
1 | 1. Of any minor upon receiving the notice provided for | ||||||
2 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
3 | minor has been
adjudicated under that Act as having | ||||||
4 | committed an offense relating to
motor vehicles prescribed | ||||||
5 | in Section 4-103 of this Code;
| ||||||
6 | 2. Of any person when any other law of this State | ||||||
7 | requires either the
revocation or suspension of a license | ||||||
8 | or permit.
| ||||||
9 | (c) (1) Whenever a person is convicted of any of the | ||||||
10 | offenses enumerated in
this Section, the court may | ||||||
11 | recommend and the Secretary of State in his
discretion, | ||||||
12 | without regard to whether the recommendation is made by the
| ||||||
13 | court may, upon application,
issue to the person a
| ||||||
14 | restricted driving permit granting the privilege of | ||||||
15 | driving a motor
vehicle between the petitioner's residence | ||||||
16 | and petitioner's place
of employment or within the scope of | ||||||
17 | the petitioner's employment related
duties, or to allow | ||||||
18 | transportation for the petitioner or a household member
of | ||||||
19 | the petitioner's family for the receipt of necessary | ||||||
20 | medical care or, if
the professional evaluation indicates, | ||||||
21 | provide transportation for the
petitioner to and from
for | ||||||
22 | alcohol or drug remedial or rehabilitative activity | ||||||
23 | recommended by a licensed service provider , or for the
| ||||||
24 | petitioner to attend classes, as a student, in an | ||||||
25 | accredited educational
institution; if the petitioner is | ||||||
26 | able to demonstrate that no alternative means
of |
| |||||||
| |||||||
1 | transportation is reasonably available and that the | ||||||
2 | petitioner will not endanger
the public safety or welfare; | ||||||
3 | provided that the Secretary's discretion shall be
limited | ||||||
4 | to cases where undue hardship , as defined by the rules of | ||||||
5 | the Secretary of State, would result from a failure to | ||||||
6 | issue the
restricted driving permit. Those multiple | ||||||
7 | offenders identified in subdivision (b)4 of Section 6-208 | ||||||
8 | of this Code, however, shall not be eligible for the | ||||||
9 | issuance of a restricted driving permit.
| ||||||
10 | (2) If a person's license or permit is
has been revoked | ||||||
11 | or suspended due to 2 or
more convictions of violating | ||||||
12 | Section 11-501 of this Code or a similar
provision of a | ||||||
13 | local ordinance or a similar out-of-state offense, or | ||||||
14 | Section 9-3 of the Criminal Code of 1961, where the use of | ||||||
15 | alcohol or other drugs is recited as an element of the | ||||||
16 | offense, or a similar out-of-state offense, or a | ||||||
17 | combination of these offenses, arising out
of separate | ||||||
18 | occurrences, that person, if issued a restricted driving | ||||||
19 | permit,
may not operate a vehicle unless it has been | ||||||
20 | equipped with an ignition
interlock device as defined in | ||||||
21 | Section 1-129.1.
| ||||||
22 | (3) If a person's license or permit is
has been revoked | ||||||
23 | or suspended 2 or more
times within a 10 year period due to | ||||||
24 | any combination of: | ||||||
25 | (A) a single conviction of violating Section
| ||||||
26 | 11-501 of this Code or a similar provision of a local |
| |||||||
| |||||||
1 | ordinance or a similar
out-of-state offense , or | ||||||
2 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
3 | of alcohol or other drugs is recited as an element of | ||||||
4 | the offense, or a similar out-of-state offense; or , and
| ||||||
5 | (B) a statutory summary suspension under Section
| ||||||
6 | 11-501.1 ;
, or | ||||||
7 | (C) a suspension pursuant to Section 6-203.1,
2 or | ||||||
8 | more statutory summary suspensions, or combination of | ||||||
9 | 2
offenses, or of an offense and a statutory summary | ||||||
10 | suspension, arising out of
separate occurrences, that | ||||||
11 | person, if issued a restricted
driving permit, may not | ||||||
12 | operate a vehicle unless it has been equipped with an
| ||||||
13 | ignition interlock device as defined in Section | ||||||
14 | 1-129.1.
| ||||||
15 | (4) The person must pay to the Secretary of State DUI | ||||||
16 | Administration Fund an amount
not to exceed $20 per month. | ||||||
17 | The Secretary shall establish by rule the amount
and the | ||||||
18 | procedures, terms, and conditions relating to these fees.
| ||||||
19 | (5) If the restricted driving permit is
was issued for | ||||||
20 | employment purposes, then
the prohibition against | ||||||
21 | operating a motor vehicle that is not equipped with an | ||||||
22 | ignition interlock device
this provision does not apply to | ||||||
23 | the operation of an occupational vehicle
owned or leased by | ||||||
24 | that person's employer when used solely for employment | ||||||
25 | purposes .
| ||||||
26 | (6) In each case the Secretary of State may issue a
|
| |||||||
| |||||||
1 | restricted driving permit for a period he deems | ||||||
2 | appropriate, except that the
permit shall expire within one | ||||||
3 | 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 Section | ||||||
12 | 9-3 of the Criminal Code of 1961, where the use of alcohol | ||||||
13 | or other drugs is recited as an element of the offense, or | ||||||
14 | any similar out-of-state offense, or any combination of | ||||||
15 | these offenses,
or any combination
thereof, until the | ||||||
16 | expiration of at least one year from the date of the
| ||||||
17 | revocation. A restricted
driving permit issued under this | ||||||
18 | Section shall be
subject to cancellation, revocation, and | ||||||
19 | suspension by the Secretary of
State in like manner and for | ||||||
20 | like cause as a driver's license issued
under this Code may | ||||||
21 | be cancelled, revoked, or
suspended; except that a | ||||||
22 | conviction upon one or more offenses against laws or
| ||||||
23 | ordinances regulating the movement of traffic shall be | ||||||
24 | deemed sufficient cause
for the revocation, suspension, or | ||||||
25 | cancellation of a restricted driving permit.
The Secretary | ||||||
26 | of State may, as a condition to the issuance of a |
| |||||||
| |||||||
1 | restricted
driving permit, require the petitioner
| ||||||
2 | applicant to participate in a designated driver
remedial or | ||||||
3 | rehabilitative program. The Secretary of State is | ||||||
4 | authorized to
cancel a restricted driving permit if the | ||||||
5 | permit holder does not successfully
complete the program. | ||||||
6 | However, if an individual's driving privileges have been
| ||||||
7 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
8 | of this Section, no
restricted driving permit shall be | ||||||
9 | issued until the individual has served 6
months of the | ||||||
10 | revocation period.
| ||||||
11 | (d) (1) Whenever a person under the age of 21 is | ||||||
12 | convicted under Section
11-501 of this Code or a similar | ||||||
13 | provision of a local ordinance, or a similar out-of-state | ||||||
14 | offense, the
Secretary of State shall revoke the driving | ||||||
15 | privileges of that person. One
year after the date of | ||||||
16 | revocation, and upon application, the Secretary of
State | ||||||
17 | may, if satisfied that the person applying will not | ||||||
18 | endanger the
public safety or welfare, issue a restricted | ||||||
19 | driving permit granting the
privilege of driving a motor | ||||||
20 | vehicle only between the hours of 5 a.m. and 9
p.m. or as | ||||||
21 | otherwise provided by this Section for a period of one | ||||||
22 | year.
After this one year period, and upon reapplication | ||||||
23 | for a license as
provided in Section 6-106, upon payment of | ||||||
24 | the appropriate reinstatement
fee provided under paragraph | ||||||
25 | (b) of Section 6-118, the Secretary of State,
in his | ||||||
26 | discretion, may
reinstate the petitioner's driver's |
| |||||||
| |||||||
1 | license and driving privileges
issue the applicant a
| ||||||
2 | license , or extend the restricted driving permit as many | ||||||
3 | times as the
Secretary of State deems appropriate, by | ||||||
4 | additional periods of not more than
12 months each , until | ||||||
5 | the applicant attains 21 years of age .
| ||||||
6 | (2) If a person's license or permit is
has been revoked | ||||||
7 | or suspended due to 2 or
more convictions of violating | ||||||
8 | Section 11-501 of this Code or a similar
provision of a | ||||||
9 | local ordinance or a similar out-of-state offense, or | ||||||
10 | Section 9-3 of the Criminal Code of 1961, where the use of | ||||||
11 | alcohol or other drugs is recited as an element of the | ||||||
12 | offense, or a similar out-of-state offense, or a | ||||||
13 | combination of these offenses, arising out
of separate | ||||||
14 | occurrences, that person, if issued a restricted driving | ||||||
15 | permit,
may not operate a vehicle unless it has been | ||||||
16 | equipped with an ignition
interlock device as defined in | ||||||
17 | Section 1-129.1.
| ||||||
18 | (3) If a person's license or permit is
has been revoked | ||||||
19 | or suspended 2 or more times
within a 10 year period due to | ||||||
20 | any combination of:
| ||||||
21 | (A) a single conviction of violating Section | ||||||
22 | 11-501
of this
Code or a similar provision of a local | ||||||
23 | ordinance or a similar out-of-state
offense , or | ||||||
24 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
25 | of alcohol or other drugs is recited as an element of | ||||||
26 | the offense, or a similar out-of-state offense; or , and
|
| |||||||
| |||||||
1 | (B) a statutory summary suspension under Section | ||||||
2 | 11-501.1 ; , or | ||||||
3 | (C) a suspension pursuant to Section 6-203.1,
2 or | ||||||
4 | more statutory
summary
suspensions, or combination of | ||||||
5 | 2 offenses, or of an offense and a statutory
summary
| ||||||
6 | suspension, arising out of separate occurrences, that | ||||||
7 | person, if issued a
restricted
driving permit, may not | ||||||
8 | operate a vehicle unless it has been equipped with an
| ||||||
9 | ignition interlock device as defined in Section | ||||||
10 | 1-129.1.
| ||||||
11 | (4) The person must pay to the Secretary of State DUI | ||||||
12 | Administration Fund an amount
not to exceed $20 per month. | ||||||
13 | The Secretary shall establish by rule the amount
and the | ||||||
14 | procedures, terms, and conditions relating to these fees.
| ||||||
15 | (5) If the restricted driving permit is
was issued for | ||||||
16 | employment purposes, then the prohibition against driving | ||||||
17 | a vehicle that is not equipped with an ignition interlock | ||||||
18 | device
this provision does not apply to the operation of an | ||||||
19 | occupational vehicle
owned or leased by that person's | ||||||
20 | employer when used solely for employment purposes . | ||||||
21 | (6) A
restricted driving permit issued under this | ||||||
22 | Section shall be subject to
cancellation, revocation, and | ||||||
23 | suspension by the Secretary of State in like
manner and for | ||||||
24 | like cause as a driver's license issued under this Code may | ||||||
25 | be
cancelled, revoked, or suspended; except that a | ||||||
26 | conviction upon one or more
offenses against laws or |
| |||||||
| |||||||
1 | ordinances regulating the movement of traffic
shall be | ||||||
2 | deemed sufficient cause for the revocation, suspension, or
| ||||||
3 | cancellation of a restricted driving permit.
The | ||||||
4 | revocation periods contained in this subparagraph shall | ||||||
5 | apply to similar
out-of-state convictions.
| ||||||
6 | (e) This Section is subject to the provisions of the Driver | ||||||
7 | License
Compact.
| ||||||
8 | (f) Any revocation imposed upon any person under | ||||||
9 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
10 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
11 | period of time.
| ||||||
12 | (g) The Secretary of State shall not issue a restricted | ||||||
13 | driving permit to
a person under the age of 16 years whose | ||||||
14 | driving privileges have been revoked
under any provisions of | ||||||
15 | this Code.
| ||||||
16 | (h) The Secretary of State shall require the use of | ||||||
17 | ignition interlock
devices on all vehicles owned by an | ||||||
18 | individual who has been convicted of a
second or subsequent | ||||||
19 | offense under Section 11-501 of this Code or a similar
| ||||||
20 | provision of a local ordinance. The Secretary shall establish | ||||||
21 | by rule and
regulation the procedures for certification and use | ||||||
22 | of the interlock
system.
| ||||||
23 | (i) The Secretary of State may not issue a restricted | ||||||
24 | driving permit for
a period of one year after a second or | ||||||
25 | subsequent revocation of driving
privileges under clause | ||||||
26 | (a)(2) of this Section; however, one
year after the date of a |
| |||||||
| |||||||
1 | second or subsequent revocation of driving privileges
under | ||||||
2 | clause (a)(2) of this Section, the Secretary of State may,
upon | ||||||
3 | application, issue a restricted driving permit under the terms | ||||||
4 | and
conditions of subsection (c).
| ||||||
5 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
6 | State may not issue a restricted driving permit for the | ||||||
7 | operation of a commercial motor vehicle to a person holding a | ||||||
8 | CDL whose driving privileges have been revoked under any | ||||||
9 | provisions of this Code.
| ||||||
10 | (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
| ||||||
11 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| ||||||
12 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
13 | license or
permit; Right to a hearing.
| ||||||
14 | (a) The Secretary of State is authorized to suspend or | ||||||
15 | revoke the
driving privileges of any person without preliminary | ||||||
16 | hearing upon a showing
of the person's records or other | ||||||
17 | sufficient evidence that
the person:
| ||||||
18 | 1. Has committed an offense for which mandatory | ||||||
19 | revocation of
a driver's license or permit is required upon | ||||||
20 | conviction;
| ||||||
21 | 2. Has been convicted of not less than 3 offenses | ||||||
22 | against traffic
regulations governing the movement of | ||||||
23 | vehicles committed within any 12
month period. No | ||||||
24 | revocation or suspension shall be entered more than
6 | ||||||
25 | months after the date of last conviction;
|
| |||||||
| |||||||
1 | 3. Has been repeatedly involved as a driver in motor | ||||||
2 | vehicle
collisions or has been repeatedly convicted of | ||||||
3 | offenses against laws and
ordinances regulating the | ||||||
4 | movement of traffic, to a degree that
indicates lack of | ||||||
5 | ability to exercise ordinary and reasonable care in
the | ||||||
6 | safe operation of a motor vehicle or disrespect for the | ||||||
7 | traffic laws
and the safety of other persons upon the | ||||||
8 | highway;
| ||||||
9 | 4. Has by the unlawful operation of a motor vehicle | ||||||
10 | caused or
contributed to an accident resulting in death or | ||||||
11 | injury requiring
immediate professional treatment in a | ||||||
12 | medical facility or doctor's office
to any person, except | ||||||
13 | that any suspension or revocation imposed by the
Secretary | ||||||
14 | of State under the provisions of this subsection shall | ||||||
15 | start no
later than 6 months after being convicted of | ||||||
16 | violating a law or
ordinance regulating the movement of | ||||||
17 | traffic, which violation is related
to the accident, or | ||||||
18 | shall start not more than one year
after
the date of the | ||||||
19 | accident, whichever date occurs later;
| ||||||
20 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
21 | driver's
license, identification card, or permit;
| ||||||
22 | 6. Has been lawfully convicted of an offense or | ||||||
23 | offenses in another
state, including the authorization | ||||||
24 | contained in Section 6-203.1, which
if committed within | ||||||
25 | this State would be grounds for suspension or revocation;
| ||||||
26 | 7. Has refused or failed to submit to an examination |
| |||||||
| |||||||
1 | provided for by
Section 6-207 or has failed to pass the | ||||||
2 | examination;
| ||||||
3 | 8. Is ineligible for a driver's license or permit under | ||||||
4 | the provisions
of Section 6-103;
| ||||||
5 | 9. Has made a false statement or knowingly concealed a | ||||||
6 | material fact
or has used false information or | ||||||
7 | identification in any application for a
license, | ||||||
8 | identification card, or permit;
| ||||||
9 | 10. Has possessed, displayed, or attempted to | ||||||
10 | fraudulently use any
license, identification card, or | ||||||
11 | permit not issued to the person;
| ||||||
12 | 11. Has operated a motor vehicle upon a highway of this | ||||||
13 | State when
the person's driving privilege or privilege to | ||||||
14 | obtain a driver's license
or permit was revoked or | ||||||
15 | suspended unless the operation was authorized by
a judicial | ||||||
16 | driving permit, probationary license to drive, or a | ||||||
17 | restricted
driving permit issued under this Code;
| ||||||
18 | 12. Has submitted to any portion of the application | ||||||
19 | process for
another person or has obtained the services of | ||||||
20 | another person to submit to
any portion of the application | ||||||
21 | process for the purpose of obtaining a
license, | ||||||
22 | identification card, or permit for some other person;
| ||||||
23 | 13. Has operated a motor vehicle upon a highway of this | ||||||
24 | State when
the person's driver's license or permit was | ||||||
25 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
26 | 14. Has committed a violation of Section 6-301, |
| |||||||
| |||||||
1 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
2 | of the Illinois Identification Card
Act;
| ||||||
3 | 15. Has been convicted of violating Section 21-2 of the | ||||||
4 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
5 | vehicles in which case, the suspension
shall be for one | ||||||
6 | year;
| ||||||
7 | 16. Has been convicted of violating Section 11-204 of | ||||||
8 | this Code relating
to fleeing from a peace officer;
| ||||||
9 | 17. Has refused to submit to a test, or tests, as | ||||||
10 | required under Section
11-501.1 of this Code and the person | ||||||
11 | has not sought a hearing as
provided for in Section | ||||||
12 | 11-501.1;
| ||||||
13 | 18. Has, since issuance of a driver's license or | ||||||
14 | permit, been adjudged
to be afflicted with or suffering | ||||||
15 | from any mental disability or disease;
| ||||||
16 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
17 | of Section 6-101
relating to driving without a driver's | ||||||
18 | license;
| ||||||
19 | 20. Has been convicted of violating Section 6-104 | ||||||
20 | relating to
classification of driver's license;
| ||||||
21 | 21. Has been convicted of violating Section 11-402 of
| ||||||
22 | this Code relating to leaving the scene of an accident | ||||||
23 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
24 | which case the suspension shall be
for one year;
| ||||||
25 | 22. Has used a motor vehicle in violating paragraph | ||||||
26 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
| |||||||
| |||||||
1 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
2 | weapons, in which case the suspension shall be for one
| ||||||
3 | year;
| ||||||
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. Has been convicted of Section 24-1.2 of the | ||||||
20 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
21 | of a firearm if the offender was
located in a motor vehicle | ||||||
22 | at the time the firearm was discharged, in which
case the | ||||||
23 | 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. |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 (as defined by the rules of the Secretary of | ||||||
13 | State) , issue
a restricted driving permit granting the | ||||||
14 | privilege of driving a motor
vehicle between the | ||||||
15 | petitioner's residence and petitioner's place of
| ||||||
16 | employment or within the scope of the petitioner's
his | ||||||
17 | employment related duties, or to
allow transportation for | ||||||
18 | the petitioner, or a household member of the
petitioner's | ||||||
19 | family, to receive necessary medical care and if the
| ||||||
20 | professional evaluation indicates, provide transportation | ||||||
21 | to and from
for alcohol or drug
remedial or rehabilitative | ||||||
22 | activity recommended by a licensed service provider , or for | ||||||
23 | the petitioner to attend
classes, as a student, in an | ||||||
24 | accredited educational institution . The ; if the
petitioner | ||||||
25 | must
is able to demonstrate that no alternative means of
| ||||||
26 | transportation is reasonably available and that the |
| |||||||
| |||||||
1 | petitioner will not endanger
the public safety or welfare. | ||||||
2 | Those multiple offenders identified in subdivision (b)4 of | ||||||
3 | Section 6-208 of this Code, however, shall not be eligible | ||||||
4 | for the issuance of a restricted driving permit.
| ||||||
5 | (A) If a person's license or permit is
has been revoked | ||||||
6 | or suspended due to 2
or more convictions of violating | ||||||
7 | Section 11-501 of this Code or a similar
provision of a | ||||||
8 | local ordinance or a similar out-of-state offense, or | ||||||
9 | Section 9-3 of the Criminal Code of 1961, where the use of | ||||||
10 | alcohol or other drugs is recited as an element of the | ||||||
11 | offense, or a similar out-of-state offense, or a | ||||||
12 | combination of these offenses, arising out
of separate | ||||||
13 | occurrences, that person, if issued a restricted driving | ||||||
14 | permit,
may not operate a vehicle unless it has been | ||||||
15 | equipped with an ignition
interlock device as defined in | ||||||
16 | Section 1-129.1.
| ||||||
17 | (B) If a person's license or permit is
has been revoked | ||||||
18 | or suspended 2 or more
times within a 10 year period due to | ||||||
19 | any combination of:
| ||||||
20 | (i) a single conviction of violating Section
| ||||||
21 | 11-501 of this Code or a similar provision of a local | ||||||
22 | ordinance or a similar
out-of-state offense or Section | ||||||
23 | 9-3 of the Criminal Code of 1961, where the use of | ||||||
24 | alcohol or other drugs is recited as an element of the | ||||||
25 | offense, or a similar out-of-state offense; or , and | ||||||
26 | (ii) a statutory summary suspension under Section
|
| |||||||
| |||||||
1 | 11-501.1 ;
, or | ||||||
2 | (iii) a suspension under Section 6-203.1,
2 or more | ||||||
3 | statutory summary suspensions, or combination of 2
| ||||||
4 | offenses, or of an offense and a statutory summary | ||||||
5 | suspension, arising out of
separate occurrences, that | ||||||
6 | person, if issued a restricted driving permit, may
not | ||||||
7 | operate a vehicle unless it has been
equipped with an | ||||||
8 | ignition interlock device as defined in Section | ||||||
9 | 1-129.1.
| ||||||
10 | (C) The person must pay to the Secretary of State DUI | ||||||
11 | Administration Fund an amount
not to exceed $20 per month. | ||||||
12 | The Secretary shall establish by rule the amount
and the | ||||||
13 | procedures, terms, and conditions relating to these fees. | ||||||
14 | (D) If the
restricted driving permit is
was issued for | ||||||
15 | employment purposes, then the prohibition against | ||||||
16 | operating a motor vehicle that is not equipped with an | ||||||
17 | ignition interlock device
this
provision does not apply to | ||||||
18 | the operation of an occupational vehicle owned or
leased by | ||||||
19 | that person's employer when used solely for employment | ||||||
20 | purposes . | ||||||
21 | (E) In each case the Secretary may issue a
restricted | ||||||
22 | driving permit for a period deemed appropriate, except that | ||||||
23 | all
permits shall expire within one year from the date of | ||||||
24 | issuance. The Secretary
may not, however, issue a | ||||||
25 | restricted driving permit to any person whose current
| ||||||
26 | revocation is the result of a second or subsequent |
| |||||||
| |||||||
1 | conviction for a violation
of Section 11-501 of this Code | ||||||
2 | or a similar provision of a local ordinance
relating to the | ||||||
3 | offense of operating or being in physical control of a | ||||||
4 | motor
vehicle while under the influence of alcohol, other | ||||||
5 | drug or drugs, intoxicating
compound or compounds, or any | ||||||
6 | similar out-of-state offense, or Section 9-3 of the | ||||||
7 | Criminal Code of 1961, where the use of alcohol or other | ||||||
8 | drugs is recited as an element of the offense, or any | ||||||
9 | similar out-of-state offense, or any combination
of those | ||||||
10 | offenses, until the expiration of at least one year from | ||||||
11 | the date of
the revocation. A
restricted driving permit | ||||||
12 | issued under 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 issued | ||||||
15 | under this Code may be
cancelled, revoked, or suspended; | ||||||
16 | except that a conviction upon one or more
offenses against | ||||||
17 | laws or ordinances regulating the movement of traffic
shall | ||||||
18 | be deemed sufficient cause for the revocation, suspension, | ||||||
19 | or
cancellation of a restricted driving permit. The | ||||||
20 | Secretary of State may, as
a condition to the issuance of a | ||||||
21 | restricted driving permit, require the
applicant to | ||||||
22 | participate in a designated driver remedial or | ||||||
23 | rehabilitative
program. The Secretary of State is | ||||||
24 | authorized to cancel a restricted
driving permit if the | ||||||
25 | permit holder does not successfully complete the program.
| ||||||
26 | (c-5) The Secretary of State may, as a condition of the |
| |||||||
| |||||||
1 | reissuance of a
driver's license or permit to an applicant | ||||||
2 | whose driver's license or permit has
been suspended before he | ||||||
3 | or she reached the age of 18 years pursuant to any of
the | ||||||
4 | provisions of this Section, require the applicant to | ||||||
5 | participate in a
driver remedial education course and be | ||||||
6 | retested under Section 6-109 of this
Code.
| ||||||
7 | (d) This Section is subject to the provisions of the | ||||||
8 | Drivers License
Compact.
| ||||||
9 | (e) The Secretary of State shall not issue a restricted | ||||||
10 | driving permit to
a person under the age of 16 years whose | ||||||
11 | driving privileges have been suspended
or revoked under any | ||||||
12 | provisions of this Code.
| ||||||
13 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
14 | State may not issue a restricted driving permit for the | ||||||
15 | operation of a commercial motor vehicle to a person holding a | ||||||
16 | CDL whose driving privileges have been suspended or revoked | ||||||
17 | under any provisions of this Code. | ||||||
18 | (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | ||||||
19 | 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | ||||||
20 | 9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)
|