96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4201

 

Introduced 2/27/2009, by Rep. Jim Sacia

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-101.15 new
625 ILCS 5/1-187.005 new
625 ILCS 5/6-206   from Ch. 95 1/2, par. 6-206
625 ILCS 5/6-208.2

    Amends the Illinois Vehicle Code. Defines "active duty" in the Illinois Vehicle Code as active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor. Defines "service member" as a member of the armed services or reserve forces of the United States or a member of the Illinois National Guard. Provides that the Secretary of State's discretionary authority to suspend a person's driving privileges who is under the age of 21 and has had 2 moving violations in a period of 24 months does not apply to service members on active duty. Provides that the Secretary of State shall rescind the any such suspension occurring before the effective date of this Act. Effective immediately.


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A BILL FOR

 

HB4201 LRB096 05713 AJT 15780 b

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 adding
5 Sections 1-101.15 and 1-187.005 and by changing Sections 6-206
6 and 6-208.2 as follows:
 
7     (625 ILCS 5/1-101.15 new)
8     Sec. 1-101.15. Active Duty. Active duty pursuant to an
9 executive order of the President of the United States, an act
10 of the Congress of the United States, or an order of the
11 Governor.
 
12     (625 ILCS 5/1-187.005 new)
13     Sec. 1-187.005. Service member. A member of the armed
14 services or reserve forces of the United States or a member of
15 the Illinois National Guard.
 
16     (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
17     Sec. 6-206. Discretionary authority to suspend or revoke
18 license or permit; Right to a hearing.
19     (a) The Secretary of State is authorized to suspend or
20 revoke the driving privileges of any person without preliminary
21 hearing upon a showing of the person's records or other

 

 

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1 sufficient evidence that the person:
2         1. Has committed an offense for which mandatory
3     revocation of a driver's license or permit is required upon
4     conviction;
5         2. Has been convicted of not less than 3 offenses
6     against traffic regulations governing the movement of
7     vehicles committed within any 12 month period. No
8     revocation or suspension shall be entered more than 6
9     months after the date of last conviction;
10         3. Has been repeatedly involved as a driver in motor
11     vehicle collisions or has been repeatedly convicted of
12     offenses against laws and ordinances regulating the
13     movement of traffic, to a degree that indicates lack of
14     ability to exercise ordinary and reasonable care in the
15     safe operation of a motor vehicle or disrespect for the
16     traffic laws and the safety of other persons upon the
17     highway;
18         4. Has by the unlawful operation of a motor vehicle
19     caused or contributed to an accident resulting in death or
20     injury requiring immediate professional treatment in a
21     medical facility or doctor's office to any person, except
22     that any suspension or revocation imposed by the Secretary
23     of State under the provisions of this subsection shall
24     start no later than 6 months after being convicted of
25     violating a law or ordinance regulating the movement of
26     traffic, which violation is related to the accident, or

 

 

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1     shall start not more than one year after the date of the
2     accident, whichever date occurs later;
3         5. Has permitted an unlawful or fraudulent use of a
4     driver's license, identification card, or permit;
5         6. Has been lawfully convicted of an offense or
6     offenses in another state, including the authorization
7     contained in Section 6-203.1, which if committed within
8     this State would be grounds for suspension or revocation;
9         7. Has refused or failed to submit to an examination
10     provided for by Section 6-207 or has failed to pass the
11     examination;
12         8. Is ineligible for a driver's license or permit under
13     the provisions of Section 6-103;
14         9. Has made a false statement or knowingly concealed a
15     material fact or has used false information or
16     identification in any application for a license,
17     identification card, or permit;
18         10. Has possessed, displayed, or attempted to
19     fraudulently use any license, identification card, or
20     permit not issued to the person;
21         11. Has operated a motor vehicle upon a highway of this
22     State when the person's driving privilege or privilege to
23     obtain a driver's license or permit was revoked or
24     suspended unless the operation was authorized by a
25     monitoring device driving permit, judicial driving permit
26     issued prior to January 1, 2009, probationary license to

 

 

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1     drive, or a restricted driving permit issued under this
2     Code;
3         12. Has submitted to any portion of the application
4     process for another person or has obtained the services of
5     another person to submit to any portion of the application
6     process for the purpose of obtaining a license,
7     identification card, or permit for some other person;
8         13. Has operated a motor vehicle upon a highway of this
9     State when the person's driver's license or permit was
10     invalid under the provisions of Sections 6-107.1 and 6-110;
11         14. Has committed a violation of Section 6-301,
12     6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
13     of the Illinois Identification Card Act;
14         15. Has been convicted of violating Section 21-2 of the
15     Criminal Code of 1961 relating to criminal trespass to
16     vehicles in which case, the suspension shall be for one
17     year;
18         16. Has been convicted of violating Section 11-204 of
19     this Code relating to fleeing from a peace officer;
20         17. Has refused to submit to a test, or tests, as
21     required under Section 11-501.1 of this Code and the person
22     has not sought a hearing as provided for in Section
23     11-501.1;
24         18. Has, since issuance of a driver's license or
25     permit, been adjudged to be afflicted with or suffering
26     from any mental disability or disease;

 

 

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1         19. Has committed a violation of paragraph (a) or (b)
2     of Section 6-101 relating to driving without a driver's
3     license;
4         20. Has been convicted of violating Section 6-104
5     relating to classification of driver's license;
6         21. Has been convicted of violating Section 11-402 of
7     this Code relating to leaving the scene of an accident
8     resulting in damage to a vehicle in excess of $1,000, in
9     which case the suspension shall be for one year;
10         22. Has used a motor vehicle in violating paragraph
11     (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
12     the Criminal Code of 1961 relating to unlawful use of
13     weapons, in which case the suspension shall be for one
14     year;
15         23. Has, as a driver, been convicted of committing a
16     violation of paragraph (a) of Section 11-502 of this Code
17     for a second or subsequent time within one year of a
18     similar violation;
19         24. Has been convicted by a court-martial or punished
20     by non-judicial punishment by military authorities of the
21     United States at a military installation in Illinois of or
22     for a traffic related offense that is the same as or
23     similar to an offense specified under Section 6-205 or
24     6-206 of this Code;
25         25. Has permitted any form of identification to be used
26     by another in the application process in order to obtain or

 

 

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1     attempt to obtain a license, identification card, or
2     permit;
3         26. Has altered or attempted to alter a license or has
4     possessed an altered license, identification card, or
5     permit;
6         27. Has violated Section 6-16 of the Liquor Control Act
7     of 1934;
8         28. Has been convicted of the illegal possession, while
9     operating or in actual physical control, as a driver, of a
10     motor vehicle, of any controlled substance prohibited
11     under the Illinois Controlled Substances Act, any cannabis
12     prohibited under the Cannabis Control Act, or any
13     methamphetamine prohibited under the Methamphetamine
14     Control and Community Protection Act, in which case the
15     person's driving privileges shall be suspended for one
16     year, and any driver who is convicted of a second or
17     subsequent offense, within 5 years of a previous
18     conviction, for the illegal possession, while operating or
19     in actual physical control, as a driver, of a motor
20     vehicle, of any controlled substance prohibited under the
21     Illinois Controlled Substances Act, any cannabis
22     prohibited under the Cannabis Control Act, or any
23     methamphetamine prohibited under the Methamphetamine
24     Control and Community Protection Act shall be suspended for
25     5 years. Any defendant found guilty of this offense while
26     operating a motor vehicle, shall have an entry made in the

 

 

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1     court record by the presiding judge that this offense did
2     occur while the defendant was operating a motor vehicle and
3     order the clerk of the court to report the violation to the
4     Secretary of State;
5         29. Has been convicted of the following offenses that
6     were committed while the person was operating or in actual
7     physical control, as a driver, of a motor vehicle: criminal
8     sexual assault, predatory criminal sexual assault of a
9     child, aggravated criminal sexual assault, criminal sexual
10     abuse, aggravated criminal sexual abuse, juvenile pimping,
11     soliciting for a juvenile prostitute and the manufacture,
12     sale or delivery of controlled substances or instruments
13     used for illegal drug use or abuse in which case the
14     driver's driving privileges shall be suspended for one
15     year;
16         30. Has been convicted a second or subsequent time for
17     any combination of the offenses named in paragraph 29 of
18     this subsection, in which case the person's driving
19     privileges shall be suspended for 5 years;
20         31. Has refused to submit to a test as required by
21     Section 11-501.6 or has submitted to a test resulting in an
22     alcohol concentration of 0.08 or more or any amount of a
23     drug, substance, or compound resulting from the unlawful
24     use or consumption of cannabis as listed in the Cannabis
25     Control Act, a controlled substance as listed in the
26     Illinois Controlled Substances Act, an intoxicating

 

 

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1     compound as listed in the Use of Intoxicating Compounds
2     Act, or methamphetamine as listed in the Methamphetamine
3     Control and Community Protection Act, in which case the
4     penalty shall be as prescribed in Section 6-208.1;
5         32. Has been convicted of Section 24-1.2 of the
6     Criminal Code of 1961 relating to the aggravated discharge
7     of a firearm if the offender was located in a motor vehicle
8     at the time the firearm was discharged, in which case the
9     suspension shall be for 3 years;
10         33. Has as a driver, who was less than 21 years of age
11     on the date of the offense, been convicted a first time of
12     a violation of paragraph (a) of Section 11-502 of this Code
13     or a similar provision of a local ordinance;
14         34. Has committed a violation of Section 11-1301.5 of
15     this Code;
16         35. Has committed a violation of Section 11-1301.6 of
17     this Code;
18         36. Is under the age of 21 years at the time of arrest,
19     is not a service member on active duty, and has been
20     convicted of not less than 2 offenses against traffic
21     regulations governing the movement of vehicles committed
22     within any 24 month period. No revocation or suspension
23     shall be entered more than 6 months after the date of last
24     conviction;
25         37. Has committed a violation of subsection (c) of
26     Section 11-907 of this Code that resulted in damage to the

 

 

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1     property of another or the death or injury of another;
2         38. Has been convicted of a violation of Section 6-20
3     of the Liquor Control Act of 1934 or a similar provision of
4     a local ordinance;
5         39. Has committed a second or subsequent violation of
6     Section 11-1201 of this Code;
7         40. Has committed a violation of subsection (a-1) of
8     Section 11-908 of this Code;
9         41. Has committed a second or subsequent violation of
10     Section 11-605.1 of this Code within 2 years of the date of
11     the previous violation, in which case the suspension shall
12     be for 90 days;
13         42. Has committed a violation of subsection (a-1) of
14     Section 11-1301.3 of this Code;
15         43. Has received a disposition of court supervision for
16     a violation of subsection (a), (d), or (e) of Section 6-20
17     of the Liquor Control Act of 1934 or a similar provision of
18     a local ordinance, in which case the suspension shall be
19     for a period of 3 months;
20         44. Is under the age of 21 years at the time of arrest
21     and has been convicted of an offense against traffic
22     regulations governing the movement of vehicles after
23     having previously had his or her driving privileges
24     suspended or revoked pursuant to subparagraph 36 of this
25     Section; or
26         45. Has, in connection with or during the course of a

 

 

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1     formal hearing conducted under Section 2-118 of this Code:
2     (i) committed perjury; (ii) submitted fraudulent or
3     falsified documents; (iii) submitted documents that have
4     been materially altered; or (iv) submitted, as his or her
5     own, documents that were in fact prepared or composed for
6     another person.
7     For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
8 and 27 of this subsection, license means any driver's license,
9 any traffic ticket issued when the person's driver's license is
10 deposited in lieu of bail, a suspension notice issued by the
11 Secretary of State, a duplicate or corrected driver's license,
12 a probationary driver's license or a temporary driver's
13 license.
14     (b) If any conviction forming the basis of a suspension or
15 revocation authorized under this Section is appealed, the
16 Secretary of State may rescind or withhold the entry of the
17 order of suspension or revocation, as the case may be, provided
18 that a certified copy of a stay order of a court is filed with
19 the Secretary of State. If the conviction is affirmed on
20 appeal, the date of the conviction shall relate back to the
21 time the original judgment of conviction was entered and the 6
22 month limitation prescribed shall not apply.
23     (c) 1. Upon suspending or revoking the driver's license or
24 permit of any person as authorized in this Section, the
25 Secretary of State shall immediately notify the person in
26 writing of the revocation or suspension. The notice to be

 

 

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1 deposited in the United States mail, postage prepaid, to the
2 last known address of the person.
3         2. If the Secretary of State suspends the driver's
4     license of a person under subsection 2 of paragraph (a) of
5     this Section, a person's privilege to operate a vehicle as
6     an occupation shall not be suspended, provided an affidavit
7     is properly completed, the appropriate fee received, and a
8     permit issued prior to the effective date of the
9     suspension, unless 5 offenses were committed, at least 2 of
10     which occurred while operating a commercial vehicle in
11     connection with the driver's regular occupation. All other
12     driving privileges shall be suspended by the Secretary of
13     State. Any driver prior to operating a vehicle for
14     occupational purposes only must submit the affidavit on
15     forms to be provided by the Secretary of State setting
16     forth the facts of the person's occupation. The affidavit
17     shall also state the number of offenses committed while
18     operating a vehicle in connection with the driver's regular
19     occupation. The affidavit shall be accompanied by the
20     driver's license. Upon receipt of a properly completed
21     affidavit, the Secretary of State shall issue the driver a
22     permit to operate a vehicle in connection with the driver's
23     regular occupation only. Unless the permit is issued by the
24     Secretary of State prior to the date of suspension, the
25     privilege to drive any motor vehicle shall be suspended as
26     set forth in the notice that was mailed under this Section.

 

 

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1     If an affidavit is received subsequent to the effective
2     date of this suspension, a permit may be issued for the
3     remainder of the suspension period.
4         The provisions of this subparagraph shall not apply to
5     any driver required to possess a CDL for the purpose of
6     operating a commercial motor vehicle.
7         Any person who falsely states any fact in the affidavit
8     required herein shall be guilty of perjury under Section
9     6-302 and upon conviction thereof shall have all driving
10     privileges revoked without further rights.
11         3. At the conclusion of a hearing under Section 2-118
12     of this Code, the Secretary of State shall either rescind
13     or continue an order of revocation or shall substitute an
14     order of suspension; or, good cause appearing therefor,
15     rescind, continue, change, or extend the order of
16     suspension. If the Secretary of State does not rescind the
17     order, the Secretary may upon application, to relieve undue
18     hardship (as defined by the rules of the Secretary of
19     State), issue a restricted driving permit granting the
20     privilege of driving a motor vehicle between the
21     petitioner's residence and petitioner's place of
22     employment or within the scope of the petitioner's
23     employment related duties, or to allow the petitioner to
24     transport himself or herself, or a family member of the
25     petitioner's household to a medical facility, to receive
26     necessary medical care, to allow the petitioner to

 

 

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1     transport himself or herself to and from alcohol or drug
2     remedial or rehabilitative activity recommended by a
3     licensed service provider, or to allow the petitioner to
4     transport himself or herself or a family member of the
5     petitioner's household to classes, as a student, at an
6     accredited educational institution, or to allow the
7     petitioner to transport children living in the
8     petitioner's household to and from daycare. The petitioner
9     must demonstrate that no alternative means of
10     transportation is reasonably available and that the
11     petitioner will not endanger the public safety or welfare.
12     Those multiple offenders identified in subdivision (b)4 of
13     Section 6-208 of this Code, however, shall not be eligible
14     for the issuance of a restricted driving permit.
15              (A) If a person's license or permit is revoked or
16         suspended due to 2 or more convictions of violating
17         Section 11-501 of this Code or a similar provision of a
18         local ordinance or a similar out-of-state offense, or
19         Section 9-3 of the Criminal Code of 1961, where the use
20         of alcohol or other drugs is recited as an element of
21         the offense, or a similar out-of-state offense, or a
22         combination of these offenses, arising out of separate
23         occurrences, that person, if issued a restricted
24         driving permit, may not operate a vehicle unless it has
25         been equipped with an ignition interlock device as
26         defined in Section 1-129.1.

 

 

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1             (B) If a person's license or permit is revoked or
2         suspended 2 or more times within a 10 year period due
3         to any combination of:
4                 (i) a single conviction of violating Section
5             11-501 of this Code or a similar provision of a
6             local ordinance or a similar out-of-state offense
7             or Section 9-3 of the Criminal Code of 1961, where
8             the use of alcohol or other drugs is recited as an
9             element of the offense, or a similar out-of-state
10             offense; or
11                 (ii) a statutory summary suspension under
12             Section 11-501.1; or
13                 (iii) a suspension under Section 6-203.1;
14         arising out of separate occurrences; that person, if
15         issued a restricted driving permit, may not operate a
16         vehicle unless it has been equipped with an ignition
17         interlock device as defined in Section 1-129.1.
18             (C) The person issued a permit conditioned upon the
19         use of an ignition interlock device must pay to the
20         Secretary of State DUI Administration Fund an amount
21         not to exceed $30 per month. The Secretary shall
22         establish by rule the amount and the procedures, terms,
23         and conditions relating to these fees.
24             (D) If the restricted driving permit is issued for
25         employment purposes, then the prohibition against
26         operating a motor vehicle that is not equipped with an

 

 

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1         ignition interlock device does not apply to the
2         operation of an occupational vehicle owned or leased by
3         that person's employer when used solely for employment
4         purposes.
5             (E) In each case the Secretary may issue a
6         restricted driving permit for a period deemed
7         appropriate, except that all permits shall expire
8         within one year from the date of issuance. The
9         Secretary may not, however, issue a restricted driving
10         permit to any person whose current revocation is the
11         result of a second or subsequent conviction for a
12         violation of Section 11-501 of this Code or a similar
13         provision of a local ordinance or any similar
14         out-of-state offense, or Section 9-3 of the Criminal
15         Code of 1961, where the use of alcohol or other drugs
16         is recited as an element of the offense, or any similar
17         out-of-state offense, or any combination of those
18         offenses, until the expiration of at least one year
19         from the date of the revocation. A restricted driving
20         permit issued under this Section shall be subject to
21         cancellation, revocation, and suspension by the
22         Secretary of State in like manner and for like cause as
23         a driver's license issued under this Code may be
24         cancelled, revoked, or suspended; except that a
25         conviction upon one or more offenses against laws or
26         ordinances regulating the movement of traffic shall be

 

 

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1         deemed sufficient cause for the revocation,
2         suspension, or cancellation of a restricted driving
3         permit. The Secretary of State may, as a condition to
4         the issuance of a restricted driving permit, require
5         the applicant to participate in a designated driver
6         remedial or rehabilitative program. The Secretary of
7         State is authorized to cancel a restricted driving
8         permit if the permit holder does not successfully
9         complete the program.
10     (c-3) In the case of a suspension under paragraph 43 of
11 subsection (a), reports received by the Secretary of State
12 under this Section shall, except during the actual time the
13 suspension is in effect, be privileged information and for use
14 only by the courts, police officers, prosecuting authorities,
15 the driver licensing administrator of any other state, or the
16 Secretary of State. However, beginning January 1, 2008, if the
17 person is a CDL holder, the suspension shall also be made
18 available to the driver licensing administrator of any other
19 state, the U.S. Department of Transportation, and the affected
20 driver or motor carrier or prospective motor carrier upon
21 request.
22     (c-4) In the case of a suspension under paragraph 43 of
23 subsection (a), the Secretary of State shall notify the person
24 by mail that his or her driving privileges and driver's license
25 will be suspended one month after the date of the mailing of
26 the notice.

 

 

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1     (c-5) The Secretary of State may, as a condition of the
2 reissuance of a driver's license or permit to an applicant
3 whose driver's license or permit has been suspended before he
4 or she reached the age of 18 years pursuant to any of the
5 provisions of this Section, require the applicant to
6 participate in a driver remedial education course and be
7 retested under Section 6-109 of this Code.
8     (d) This Section is subject to the provisions of the
9 Drivers License Compact.
10     (e) The Secretary of State shall not issue a restricted
11 driving permit to a person under the age of 16 years whose
12 driving privileges have been suspended or revoked under any
13 provisions of this Code.
14     (f) In accordance with 49 C.F.R. 384, the Secretary of
15 State may not issue a restricted driving permit for the
16 operation of a commercial motor vehicle to a person holding a
17 CDL whose driving privileges have been suspended, revoked,
18 cancelled, or disqualified under any provisions of this Code.
19 (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05;
20 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08;
21 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08;
22 95-848, eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09;
23 revised 9-5-08.)
 
24     (625 ILCS 5/6-208.2)
25     Sec. 6-208.2. Restoration of driving privileges; persons

 

 

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1 under age 21.
2     (a) Unless the suspension based upon consumption of alcohol
3 by a minor or refusal to submit to testing has been rescinded
4 by the Secretary of State in accordance with item (c)(3) of
5 Section 6-206 of this Code, a person whose privilege to drive a
6 motor vehicle on the public highways has been suspended under
7 Section 11-501.8 is not eligible for restoration of the
8 privilege until the expiration of:
9         1. Six months from the effective date of the suspension
10     for a refusal or failure to complete a test or tests to
11     determine the alcohol concentration under Section
12     11-501.8;
13         2. Three months from the effective date of the
14     suspension imposed following the person's submission to a
15     chemical test which disclosed an alcohol concentration
16     greater than 0.00 under Section 11-501.8;
17         3. Two years from the effective date of the suspension
18     for a person who has been previously suspended under
19     Section 11-501.8 and who refuses or fails to complete a
20     test or tests to determine the alcohol concentration under
21     Section 11-501.8; or
22         4. One year from the effective date of the suspension
23     imposed for a person who has been previously suspended
24     under Section 11-501.8 following submission to a chemical
25     test that disclosed an alcohol concentration greater than
26     0.00 under Section 11-501.8.

 

 

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1     (b) Following a suspension of the privilege to drive a
2 motor vehicle under Section 11-501.8, full driving privileges
3 shall be restored unless the person is otherwise disqualified
4 by this Code.
5     (c) Full driving privileges may not be restored until all
6 applicable reinstatement fees, as provided by this Code, have
7 been paid to the Secretary of State and the appropriate entry
8 made to the driver's record. The Secretary of State may also,
9 as a condition of the reissuance of a driver's license or
10 permit to an individual under the age of 18 years whose driving
11 privileges have been suspended pursuant to Section 11-501.8,
12 require the applicant to participate in a driver remedial
13 education course and be retested under Section 6-109.
14     (d) Where a driving privilege has been suspended under
15 Section 11-501.8 and the person is subsequently convicted of
16 violating Section 11-501, or a similar provision of a local
17 ordinance, for the same incident, any period served on that
18 suspension shall be credited toward the minimum period of
19 revocation of driving privileges imposed under Section 6-205.
20     (e) Following a suspension of driving privileges under
21 Section 11-501.8 for a person who has not had his or her
22 driving privileges previously suspended under that Section,
23 the Secretary of State may issue a restricted driving permit
24 after at least 30 days from the effective date of the
25 suspension.
26     (f) Following a second or subsequent suspension of driving

 

 

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1 privileges under Section 11-501.8, the Secretary of State may
2 issue a restricted driving permit after at least 12 months from
3 the effective date of the suspension.
4     (g) (Blank).
5     (h) Any restricted driving permit considered under this
6 Section is subject to the provisions of item (e) of Section
7 11-501.8.
8     (i) Notwithstanding any other provision of law, the
9 Secretary shall rescind the suspension of driving privileges
10 for all service members on active duty who have had their
11 driving privileges suspended pursuant to paragraph 36 of
12 subsection (a) of Section 6-206 of this Code prior to the
13 effective date of this Act.
14 (Source: P.A. 92-248, eff. 8-3-01.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.