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1 | AN ACT concerning certain offenses.
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2 | WHEREAS, Section 10 of this Act may be referred to as the | ||||||||||||||||||||||||||||
3 | Matt Wilhelm Law; therefore | ||||||||||||||||||||||||||||
4 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||
5 | represented in the General Assembly:
| ||||||||||||||||||||||||||||
6 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||||||
7 | Section 6-205 and by adding Section 11-507 as follows:
| ||||||||||||||||||||||||||||
8 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| ||||||||||||||||||||||||||||
9 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||||||||||||||||||||||||
10 | Hardship cases.
| ||||||||||||||||||||||||||||
11 | (a) Except as provided in this Section, the Secretary of | ||||||||||||||||||||||||||||
12 | State shall
immediately revoke the license, permit, or driving | ||||||||||||||||||||||||||||
13 | privileges of
any driver upon receiving a
report of the | ||||||||||||||||||||||||||||
14 | driver's conviction of any of the following offenses:
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15 | 1. Reckless homicide resulting from the operation of a | ||||||||||||||||||||||||||||
16 | motor vehicle;
| ||||||||||||||||||||||||||||
17 | 2. Violation of Section 11-501 of this Code or a | ||||||||||||||||||||||||||||
18 | similar provision of
a local ordinance relating to the | ||||||||||||||||||||||||||||
19 | offense of operating or being in physical
control of a | ||||||||||||||||||||||||||||
20 | vehicle while under the influence of alcohol, other drug or
| ||||||||||||||||||||||||||||
21 | drugs, intoxicating compound or compounds, or any | ||||||||||||||||||||||||||||
22 | combination thereof;
|
| |||||||
| |||||||
1 | 3. Any felony under the laws of any State or the | ||||||
2 | federal government
in the commission of which a motor | ||||||
3 | vehicle was used;
| ||||||
4 | 4. Violation of Section 11-401 of this Code relating to | ||||||
5 | the offense of
leaving the scene of a traffic accident | ||||||
6 | involving death or personal injury;
| ||||||
7 | 5. Perjury or the making of a false affidavit or | ||||||
8 | statement under
oath to the Secretary of State under this | ||||||
9 | Code or under any
other law relating to the ownership or | ||||||
10 | operation of motor vehicles;
| ||||||
11 | 6. Conviction upon 3 charges of violation of Section | ||||||
12 | 11-503 of this
Code relating to the offense of reckless | ||||||
13 | driving committed within a
period of 12 months;
| ||||||
14 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
15 | of this Code;
| ||||||
16 | 8. Violation of Section 11-504 of this Code relating to | ||||||
17 | the offense
of drag racing;
| ||||||
18 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
19 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
20 | 1961 arising from
the use of a motor vehicle;
| ||||||
21 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
22 | to aggravated
fleeing or attempting to elude a peace | ||||||
23 | officer;
| ||||||
24 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
25 | Section 6-507,
or a similar law of any other state, | ||||||
26 | relating to the
unlawful operation of a commercial motor |
| |||||||
| |||||||
1 | vehicle;
| ||||||
2 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
3 | this Code or a
similar provision of a local ordinance if | ||||||
4 | the driver has been previously
convicted of a violation of | ||||||
5 | that Section or a similar provision of a local
ordinance | ||||||
6 | and the driver was less than 21 years of age at the time of | ||||||
7 | the
offense;
| ||||||
8 | 14. Violation of Section 11-506 of this Code or a | ||||||
9 | similar provision of a local ordinance relating to the | ||||||
10 | offense of street racing ; .
| ||||||
11 | 15. Violation of Section 9-3.4 of the Criminal Code of | ||||||
12 | 1961 relating to the offense of negligent vehicular | ||||||
13 | homicide; | ||||||
14 | 16. Violation of Section 11-507 of this Code relating | ||||||
15 | to aggravated negligent driving. | ||||||
16 | (b) The Secretary of State shall also immediately revoke | ||||||
17 | the license
or permit of any driver in the following | ||||||
18 | situations:
| ||||||
19 | 1. Of any minor upon receiving the notice provided for | ||||||
20 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
21 | minor has been
adjudicated under that Act as having | ||||||
22 | committed an offense relating to
motor vehicles prescribed | ||||||
23 | in Section 4-103 of this Code;
| ||||||
24 | 2. Of any person when any other law of this State | ||||||
25 | requires either the
revocation or suspension of a license | ||||||
26 | or permit;
|
| |||||||
| |||||||
1 | 3. Of any person adjudicated under the Juvenile Court | ||||||
2 | Act of 1987 based on an offense determined to have been | ||||||
3 | committed in furtherance of the criminal activities of an | ||||||
4 | organized gang as provided in Section 5-710 of that Act, | ||||||
5 | and that involved the operation or use of a motor vehicle | ||||||
6 | or the use of a driver's license or permit. The revocation | ||||||
7 | shall remain in effect for the period determined by the | ||||||
8 | court. Upon the direction of the court, the Secretary shall | ||||||
9 | issue the person a judicial driving permit, also known as a | ||||||
10 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
11 | issued under Section 6-206.1, except that the court may | ||||||
12 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
13 | effective immediately.
| ||||||
14 | (c)(1) Except as provided in subsection (c-5), whenever a | ||||||
15 | person is convicted of any of the offenses enumerated in
this | ||||||
16 | Section, the court may recommend and the Secretary of State in | ||||||
17 | his
discretion, without regard to whether the recommendation is | ||||||
18 | made by the
court may, upon application,
issue to the person a
| ||||||
19 | restricted driving permit granting the privilege of driving a | ||||||
20 | motor
vehicle between the petitioner's residence and | ||||||
21 | petitioner's place
of employment or within the scope of the | ||||||
22 | petitioner's employment related
duties, or to allow the | ||||||
23 | petitioner to transport himself or herself or a family member
| ||||||
24 | of the petitioner's household to a medical facility for the | ||||||
25 | receipt of necessary medical care or to allow the
petitioner to | ||||||
26 | transport himself or herself to and from alcohol or drug |
| |||||||
| |||||||
1 | remedial or rehabilitative activity recommended by a licensed | ||||||
2 | service provider, or to allow the
petitioner to transport | ||||||
3 | himself or herself or a family member of the petitioner's | ||||||
4 | household to classes, as a student, at an accredited | ||||||
5 | educational
institution, or to allow the petitioner to | ||||||
6 | transport children living in the petitioner's household to and | ||||||
7 | from daycare; if the petitioner is able to demonstrate that no | ||||||
8 | alternative means
of transportation is reasonably available | ||||||
9 | and that the petitioner will not endanger
the public safety or | ||||||
10 | welfare; provided that the Secretary's discretion shall be
| ||||||
11 | limited to cases where undue hardship, as defined by the rules | ||||||
12 | of the Secretary of State, would result from a failure to issue | ||||||
13 | the
restricted driving permit. Those multiple offenders | ||||||
14 | identified in subdivision (b)4 of Section 6-208 of this Code, | ||||||
15 | however, shall not be eligible for the issuance of a restricted | ||||||
16 | driving permit.
| ||||||
17 | (2) If a person's license or permit is revoked or | ||||||
18 | suspended due to 2 or
more convictions of violating Section | ||||||
19 | 11-501 of this Code or a similar
provision of a local | ||||||
20 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
21 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
22 | other drugs is recited as an element of the offense, or a | ||||||
23 | similar out-of-state offense, or a combination of these | ||||||
24 | offenses, arising out
of separate occurrences, that | ||||||
25 | person, if issued a restricted driving permit,
may not | ||||||
26 | operate a vehicle unless it has been equipped with an |
| |||||||
| |||||||
1 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
2 | (3) If:
| ||||||
3 | (A) a person's license or permit is revoked or | ||||||
4 | suspended 2 or more
times within a 10 year period due | ||||||
5 | to any combination of: | ||||||
6 | (i)
a single conviction of violating Section
| ||||||
7 | 11-501 of this Code or a similar provision of a | ||||||
8 | local ordinance or a similar
out-of-state offense, | ||||||
9 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
10 | the use of alcohol or other drugs is recited as an | ||||||
11 | element of the offense, or a similar out-of-state | ||||||
12 | offense; or | ||||||
13 | (ii)
a statutory summary suspension under | ||||||
14 | Section
11-501.1; or | ||||||
15 | (iii)
a suspension pursuant to Section | ||||||
16 | 6-203.1;
| ||||||
17 | arising out of
separate occurrences; or | ||||||
18 | (B)
a person has been convicted of one violation of | ||||||
19 | Section 6-303 of this Code committed while his or her | ||||||
20 | driver's license, permit, or privilege was revoked | ||||||
21 | because of a violation of Section 9-3 of the Criminal | ||||||
22 | Code of 1961, relating to the offense of reckless | ||||||
23 | homicide, or a similar provision of a law of another | ||||||
24 | state ;
, | ||||||
25 | that person, if issued a restricted
driving permit, may not | ||||||
26 | operate a vehicle unless it has been equipped with an
|
| |||||||
| |||||||
1 | ignition interlock device as defined in Section 1-129.1. | ||||||
2 | (4)
The person issued a permit conditioned on the use | ||||||
3 | of an ignition interlock device must pay to the Secretary | ||||||
4 | of State DUI Administration Fund an amount
not to exceed | ||||||
5 | $30 per month. The Secretary shall establish by rule the | ||||||
6 | amount
and the procedures, terms, and conditions relating | ||||||
7 | to these fees. | ||||||
8 | (5)
If the restricted driving permit is issued for | ||||||
9 | employment purposes, then
the prohibition against | ||||||
10 | operating a motor vehicle that is not equipped with an | ||||||
11 | ignition interlock device does not apply to the operation | ||||||
12 | of an occupational vehicle
owned or leased by that person's | ||||||
13 | employer when used solely for employment purposes. | ||||||
14 | (6)
In each case the Secretary of State may issue a
| ||||||
15 | restricted driving permit for a period he deems | ||||||
16 | appropriate, except that the
permit shall expire within one | ||||||
17 | year from the date of issuance. The Secretary
may not, | ||||||
18 | however, issue a restricted driving permit to any person | ||||||
19 | whose current
revocation is the result of a second or | ||||||
20 | subsequent conviction for a violation
of Section 11-501 of | ||||||
21 | this Code or a similar provision of a local ordinance
or | ||||||
22 | any similar out-of-state offense, or Section 9-3 of the | ||||||
23 | Criminal Code of 1961, where the use of alcohol or other | ||||||
24 | drugs is recited as an element of the offense, or any | ||||||
25 | similar out-of-state offense, or any combination of these | ||||||
26 | offenses, until the expiration of at least one year from |
| |||||||
| |||||||
1 | the date of the
revocation. A restricted
driving permit | ||||||
2 | issued under this Section shall be
subject to cancellation, | ||||||
3 | revocation, and suspension by the Secretary of
State in | ||||||
4 | like manner and for like cause as a driver's license issued
| ||||||
5 | under this Code may be cancelled, revoked, or
suspended; | ||||||
6 | except that a conviction upon one or more offenses against | ||||||
7 | laws or
ordinances regulating the movement of traffic shall | ||||||
8 | be deemed sufficient cause
for the revocation, suspension, | ||||||
9 | or cancellation of a restricted driving permit.
The | ||||||
10 | Secretary of State may, as a condition to the issuance of a | ||||||
11 | restricted
driving permit, require the petitioner to | ||||||
12 | participate in a designated driver
remedial or | ||||||
13 | rehabilitative program. The Secretary of State is | ||||||
14 | authorized to
cancel a restricted driving permit if the | ||||||
15 | permit holder does not successfully
complete the program. | ||||||
16 | However, if an individual's driving privileges have been
| ||||||
17 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
18 | of this Section, no
restricted driving permit shall be | ||||||
19 | issued until the individual has served 6
months of the | ||||||
20 | revocation period.
| ||||||
21 | (c-5) The Secretary may not issue a restricted driving | ||||||
22 | permit to any person who has been convicted of a second or | ||||||
23 | subsequent violation of Section 6-303 of this Code committed | ||||||
24 | while his or her driver's license, permit, or privilege was | ||||||
25 | revoked because of a violation of Section 9-3 of the Criminal | ||||||
26 | Code of 1961, relating to the offense of reckless homicide, or |
| |||||||
| |||||||
1 | a similar provision of a law of another state.
| ||||||
2 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
3 | under Section
11-501 of this Code or a similar provision of a | ||||||
4 | local ordinance or a similar out-of-state offense, the
| ||||||
5 | Secretary of State shall revoke the driving privileges of that | ||||||
6 | person. One
year after the date of revocation, and upon | ||||||
7 | application, the Secretary of
State may, if satisfied that the | ||||||
8 | person applying will not endanger the
public safety or welfare, | ||||||
9 | issue a restricted driving permit granting the
privilege of | ||||||
10 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
11 | p.m. or as otherwise provided by this Section for a period of | ||||||
12 | one year.
After this one year period, and upon reapplication | ||||||
13 | for a license as
provided in Section 6-106, upon payment of the | ||||||
14 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
15 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
16 | reinstate the petitioner's driver's license and driving | ||||||
17 | privileges, or extend the restricted driving permit as many | ||||||
18 | times as the
Secretary of State deems appropriate, by | ||||||
19 | additional periods of not more than
12 months each.
| ||||||
20 | (2) If a person's license or permit is revoked or | ||||||
21 | suspended due to 2 or
more convictions 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 Section 9-3 | ||||||
24 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
25 | other drugs is recited as an element of the offense, or a | ||||||
26 | similar out-of-state offense, or a combination of these |
| |||||||
| |||||||
1 | offenses, arising out
of separate occurrences, that | ||||||
2 | person, if issued a restricted driving permit,
may not | ||||||
3 | operate a vehicle unless it has been equipped with an | ||||||
4 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
5 | (3) If a person's license or permit is revoked or | ||||||
6 | suspended 2 or more times
within a 10 year period due to | ||||||
7 | any combination of: | ||||||
8 | (A) a single conviction of violating Section | ||||||
9 | 11-501
of this
Code or a similar provision of a local | ||||||
10 | ordinance or a similar out-of-state
offense, or | ||||||
11 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
12 | of alcohol or other drugs is recited as an element of | ||||||
13 | the offense, or a similar out-of-state offense; or | ||||||
14 | (B)
a statutory summary suspension under Section | ||||||
15 | 11-501.1; or | ||||||
16 | (C) a suspension pursuant to Section 6-203.1; | ||||||
17 | arising out of separate occurrences, that person, if issued | ||||||
18 | a
restricted
driving permit, may not operate a vehicle | ||||||
19 | unless it has been equipped with an
ignition interlock | ||||||
20 | device as defined in Section 1-129.1. | ||||||
21 | (4)
The person issued a permit conditioned upon the use | ||||||
22 | of an interlock device must pay to the Secretary of State | ||||||
23 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
24 | month. The Secretary shall establish by rule the amount
and | ||||||
25 | the procedures, terms, and conditions relating to these | ||||||
26 | fees. |
| |||||||
| |||||||
1 | (5)
If the restricted driving permit is issued for | ||||||
2 | employment purposes, then
the prohibition against driving | ||||||
3 | a vehicle that is not equipped with an ignition interlock | ||||||
4 | device does not apply to the operation of an occupational | ||||||
5 | vehicle
owned or leased by that person's employer when used | ||||||
6 | solely for employment purposes. | ||||||
7 | (6) A
restricted driving permit issued under this | ||||||
8 | Section shall be subject to
cancellation, revocation, and | ||||||
9 | suspension by the Secretary of State in like
manner and for | ||||||
10 | like cause as a driver's license issued under this Code may | ||||||
11 | be
cancelled, revoked, or suspended; except that a | ||||||
12 | conviction upon one or more
offenses against laws or | ||||||
13 | ordinances regulating the movement of traffic
shall be | ||||||
14 | deemed sufficient cause for the revocation, suspension, or
| ||||||
15 | cancellation of a restricted driving permit.
| ||||||
16 | (d-5) The revocation of the license, permit, or driving | ||||||
17 | privileges of a person convicted of a third or subsequent | ||||||
18 | violation of Section 6-303 of this Code committed while his or | ||||||
19 | her driver's license, permit, or privilege was revoked because | ||||||
20 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
21 | relating to the offense of reckless homicide, or a similar | ||||||
22 | provision of a law of another state, is permanent. The | ||||||
23 | Secretary may not, at any time, issue a license or permit to | ||||||
24 | that person.
| ||||||
25 | (e) This Section is subject to the provisions of the Driver | ||||||
26 | License
Compact.
|
| |||||||
| |||||||
1 | (f) Any revocation imposed upon any person under | ||||||
2 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
3 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
4 | period of time.
| ||||||
5 | (g) The Secretary of State shall not issue a restricted | ||||||
6 | driving permit to
a person under the age of 16 years whose | ||||||
7 | driving privileges have been revoked
under any provisions of | ||||||
8 | this Code.
| ||||||
9 | (h) The Secretary of State shall require the use of | ||||||
10 | ignition interlock
devices on all vehicles owned by a person | ||||||
11 | who has been convicted of a
second or subsequent offense under | ||||||
12 | Section 11-501 of this Code or a similar
provision of a local | ||||||
13 | ordinance. The person must pay to the Secretary of State DUI | ||||||
14 | Administration Fund an amount not to exceed $30 for each month | ||||||
15 | that he or she uses the device. The Secretary shall establish | ||||||
16 | by rule and
regulation the procedures for certification and use | ||||||
17 | of the interlock
system, the amount of the fee, and the | ||||||
18 | procedures, terms, and conditions relating to these fees.
| ||||||
19 | (i) (Blank).
| ||||||
20 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
21 | State may not issue a restricted driving permit for the | ||||||
22 | operation of a commercial motor vehicle to a person holding a | ||||||
23 | CDL whose driving privileges have been revoked, suspended, | ||||||
24 | cancelled, or disqualified under any provisions of this Code.
| ||||||
25 | (Source: P.A. 94-307, eff. 9-30-05; 95-310, eff. 1-1-08; | ||||||
26 | 95-337, eff. 6-1-08; 95-377, eff. 1-1-08; 95-382, eff. 8-23-07; |
| |||||||
| |||||||
1 | 95-627, eff. 6-1-08; 95-848, eff. 1-1-09; 95-876, eff. 8-21-08; | ||||||
2 | revised 9-10-08.)
| ||||||
3 | (625 ILCS 5/11-507 new) | ||||||
4 | Sec. 11-507. Aggravated negligent driving. | ||||||
5 | (a) A person commits aggravated negligent driving if the | ||||||
6 | person's negligent operation of a motor vehicle is the | ||||||
7 | proximate cause of a motor vehicle accident that results in a | ||||||
8 | type A injury to another or property damage of another in | ||||||
9 | excess of $1,500. | ||||||
10 | (b) For purposes of this Section, "negligence" has the | ||||||
11 | meaning ascribed in Section 4-7 of the Criminal Code of 1961. | ||||||
12 | (c) The finder of fact may consider statutes and ordinances | ||||||
13 | regulating the defendant's conduct in determining whether he or | ||||||
14 | she was culpably negligent under subsection (a). If the trier | ||||||
15 | of fact determines beyond a reasonable doubt that the defendant | ||||||
16 | has engaged in conduct which would be a violation of the laws | ||||||
17 | or ordinances regulating the movement of traffic, he or she may | ||||||
18 | infer that the person has acted negligently. | ||||||
19 | (d) For purposes of this Section, "type A injury" means any | ||||||
20 | injury that requires immediate professional attention in | ||||||
21 | either a doctor's office or a medical facility, including | ||||||
22 | severely bleeding wounds, distorted extremities, and injuries | ||||||
23 | that require the injured party to be carried from the scene. | ||||||
24 | (e) Aggravated negligent driving is a Class A misdemeanor. |
| |||||||
| |||||||
1 | Section 10. The Criminal Code of 1961 is amended by adding | ||||||
2 | Section 9-3.4 as follows: | ||||||
3 | (720 ILCS 5/9-3.4 new) | ||||||
4 | Sec. 9-3.4. Negligent vehicular homicide. | ||||||
5 | (a) A person commits negligent vehicular homicide if the | ||||||
6 | person's negligent operation of a motor vehicle is the | ||||||
7 | proximate cause of the death of another person. | ||||||
8 | (b) For purposes of this Section, "negligence" has the | ||||||
9 | meaning ascribed in Section 4-7 of this Code. | ||||||
10 | (c) The finder of fact may consider statutes and ordinances | ||||||
11 | regulating the defendant's conduct in determining whether he or | ||||||
12 | she was culpably negligent under subsection (a). If the trier | ||||||
13 | of fact determines beyond a reasonable doubt that the defendant | ||||||
14 | has engaged in conduct which would be a violation of the laws | ||||||
15 | or ordinances regulating the movement of traffic, he or she may | ||||||
16 | infer that the person has acted negligently. | ||||||
17 | (d) Negligent vehicular homicide is a Class 4 felony.
|