Sen. Don Harmon

Filed: 3/21/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 967

2    AMENDMENT NO. ______. Amend Senate Bill 967 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 6-205 and 6-206 as follows:
 
6    (625 ILCS 5/6-205)
7    Sec. 6-205. Mandatory revocation of license or permit;
8Hardship cases.
9    (a) Except as provided in this Section, the Secretary of
10State shall immediately revoke the license, permit, or driving
11privileges of any driver upon receiving a report of the
12driver's conviction of any of the following offenses:
13        1. Reckless homicide resulting from the operation of a
14    motor vehicle;
15        2. Violation of Section 11-501 of this Code or a
16    similar provision of a local ordinance relating to the

 

 

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1    offense of operating or being in physical control of a
2    vehicle while under the influence of alcohol, other drug or
3    drugs, intoxicating compound or compounds, or any
4    combination thereof;
5        3. Any felony under the laws of any State or the
6    federal government in the commission of which a motor
7    vehicle was used;
8        4. Violation of Section 11-401 of this Code relating to
9    the offense of leaving the scene of a traffic accident
10    involving death or personal injury;
11        5. Perjury or the making of a false affidavit or
12    statement under oath to the Secretary of State under this
13    Code or under any other law relating to the ownership or
14    operation of motor vehicles;
15        6. Conviction upon 3 charges of violation of Section
16    11-503 of this Code relating to the offense of reckless
17    driving committed within a period of 12 months;
18        7. Conviction of any offense defined in Section 4-102
19    of this Code;
20        8. Violation of Section 11-504 of this Code relating to
21    the offense of drag racing;
22        9. Violation of Chapters 8 and 9 of this Code;
23        10. Violation of Section 12-5 of the Criminal Code of
24    1961 arising from the use of a motor vehicle;
25        11. Violation of Section 11-204.1 of this Code relating
26    to aggravated fleeing or attempting to elude a peace

 

 

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1    officer;
2        12. Violation of paragraph (1) of subsection (b) of
3    Section 6-507, or a similar law of any other state,
4    relating to the unlawful operation of a commercial motor
5    vehicle;
6        13. Violation of paragraph (a) of Section 11-502 of
7    this Code or a similar provision of a local ordinance if
8    the driver has been previously convicted of a violation of
9    that Section or a similar provision of a local ordinance
10    and the driver was less than 21 years of age at the time of
11    the offense;
12        14. Violation of paragraph (a) of Section 11-506 of
13    this Code or a similar provision of a local ordinance
14    relating to the offense of street racing;
15        15. A second or subsequent conviction of driving while
16    the person's driver's license, permit or privileges was
17    revoked for reckless homicide or a similar out-of-state
18    offense;
19        16. Any offense against any provision in this Code, or
20    any local ordinance, regulating the movement of traffic
21    when that offense was the proximate cause of the death of
22    any person. Any person whose driving privileges have been
23    revoked pursuant to this paragraph may seek to have the
24    revocation terminated or to have the length of revocation
25    reduced by requesting an administrative hearing with the
26    Secretary of State prior to the projected driver's license

 

 

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1    application eligibility date.
2    (b) The Secretary of State shall also immediately revoke
3the license or permit of any driver in the following
4situations:
5        1. Of any minor upon receiving the notice provided for
6    in Section 5-901 of the Juvenile Court Act of 1987 that the
7    minor has been adjudicated under that Act as having
8    committed an offense relating to motor vehicles prescribed
9    in Section 4-103 of this Code;
10        2. Of any person when any other law of this State
11    requires either the revocation or suspension of a license
12    or permit;
13        3. Of any person adjudicated under the Juvenile Court
14    Act of 1987 based on an offense determined to have been
15    committed in furtherance of the criminal activities of an
16    organized gang as provided in Section 5-710 of that Act,
17    and that involved the operation or use of a motor vehicle
18    or the use of a driver's license or permit. The revocation
19    shall remain in effect for the period determined by the
20    court. Upon the direction of the court, the Secretary shall
21    issue the person a judicial driving permit, also known as a
22    JDP. The JDP shall be subject to the same terms as a JDP
23    issued under Section 6-206.1, except that the court may
24    direct that a JDP issued under this subdivision (b)(3) be
25    effective immediately.
26    (c)(1) Whenever a person is convicted of any of the

 

 

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1offenses enumerated in this Section, the court may recommend
2and the Secretary of State in his discretion, without regard to
3whether the recommendation is made by the court may, upon
4application, issue to the person a restricted driving permit
5granting the privilege of driving a motor vehicle between the
6petitioner's residence and petitioner's place of employment or
7within the scope of the petitioner's employment related duties,
8or to allow the petitioner to transport himself or herself or a
9family member of the petitioner's household to a medical
10facility for the receipt of necessary medical care or to allow
11the petitioner to transport himself or herself to and from
12alcohol or drug remedial or rehabilitative activity
13recommended by a licensed service provider, or to allow the
14petitioner to transport himself or herself or a family member
15of the petitioner's household to classes, as a student, at an
16accredited educational institution, or to allow the petitioner
17to transport children, elderly persons, or disabled persons who
18do not hold driving privileges and are living in the
19petitioner's household to and from daycare; if the petitioner
20is able to demonstrate that no alternative means of
21transportation is reasonably available and that the petitioner
22will not endanger the public safety or welfare; provided that
23the Secretary's discretion shall be limited to cases where
24undue hardship, as defined by the rules of the Secretary of
25State, would result from a failure to issue the restricted
26driving permit. Those multiple offenders identified in

 

 

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1subdivision (b)4 of Section 6-208 of this Code, however, shall
2not be eligible for the issuance of a restricted driving
3permit.
4        (2) If a person's license or permit is revoked or
5    suspended due to 2 or more convictions of violating Section
6    11-501 of this Code or a similar provision of a local
7    ordinance or a similar out-of-state offense, or Section 9-3
8    of the Criminal Code of 1961, where the use of alcohol or
9    other drugs is recited as an element of the offense, or a
10    similar out-of-state offense, or a combination of these
11    offenses, arising out of separate occurrences, that
12    person, if issued a restricted driving permit, may not
13    operate a vehicle unless it has been equipped with an
14    ignition interlock device as defined in Section 1-129.1.
15        (3) If:
16            (A) a person's license or permit is revoked or
17        suspended 2 or more times within a 10 year period due
18        to any combination of:
19                (i) a single conviction of violating Section
20            11-501 of this Code or a similar provision of a
21            local ordinance or a similar out-of-state offense,
22            or Section 9-3 of the Criminal Code of 1961, where
23            the use of alcohol or other drugs is recited as an
24            element of the offense, or a similar out-of-state
25            offense; or
26                (ii) a statutory summary suspension or

 

 

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1            revocation under Section 11-501.1; or
2                (iii) a suspension pursuant to Section
3            6-203.1;
4        arising out of separate occurrences; or
5            (B) a person has been convicted of one violation of
6        Section 6-303 of this Code committed while his or her
7        driver's license, permit, or privilege was revoked
8        because of a violation of Section 9-3 of the Criminal
9        Code of 1961, relating to the offense of reckless
10        homicide where the use of alcohol or other drugs was
11        recited as an element of the offense, or a similar
12        provision of a law of another state;
13    that person, if issued a restricted driving permit, may not
14    operate a vehicle unless it has been equipped with an
15    ignition interlock device as defined in Section 1-129.1.
16        (4) The person issued a permit conditioned on the use
17    of an ignition interlock device must pay to the Secretary
18    of State DUI Administration Fund an amount not to exceed
19    $30 per month. The Secretary shall establish by rule the
20    amount and the procedures, terms, and conditions relating
21    to these fees.
22        (5) If the restricted driving permit is issued for
23    employment purposes, then the prohibition against
24    operating a motor vehicle that is not equipped with an
25    ignition interlock device does not apply to the operation
26    of an occupational vehicle owned or leased by that person's

 

 

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

 

 

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1    or rehabilitative program. The Secretary of State is
2    authorized to cancel a restricted driving permit if the
3    permit holder does not successfully complete the program.
4    However, if an individual's driving privileges have been
5    revoked in accordance with paragraph 13 of subsection (a)
6    of this Section, no restricted driving permit shall be
7    issued until the individual has served 6 months of the
8    revocation period.
9    (c-5) (Blank).
10    (c-6) If a person is convicted of a second violation of
11operating a motor vehicle while the person's driver's license,
12permit or privilege was revoked, where the revocation was for a
13violation of Section 9-3 of the Criminal Code of 1961 relating
14to the offense of reckless homicide or a similar out-of-state
15offense, the person's driving privileges shall be revoked
16pursuant to subdivision (a)(15) of this Section. The person may
17not make application for a license or permit until the
18expiration of five years from the effective date of the
19revocation or the expiration of five years from the date of
20release from a term of imprisonment, whichever is later.
21    (c-7) If a person is convicted of a third or subsequent
22violation of operating a motor vehicle while the person's
23driver's license, permit or privilege was revoked, where the
24revocation was for a violation of Section 9-3 of the Criminal
25Code of 1961 relating to the offense of reckless homicide or a
26similar out-of-state offense, the person may never apply for a

 

 

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1license or permit.
2    (d)(1) Whenever a person under the age of 21 is convicted
3under Section 11-501 of this Code or a similar provision of a
4local ordinance or a similar out-of-state offense, the
5Secretary of State shall revoke the driving privileges of that
6person. One year after the date of revocation, and upon
7application, the Secretary of State may, if satisfied that the
8person applying will not endanger the public safety or welfare,
9issue a restricted driving permit granting the privilege of
10driving a motor vehicle only between the hours of 5 a.m. and 9
11p.m. or as otherwise provided by this Section for a period of
12one year. After this one year period, and upon reapplication
13for a license as provided in Section 6-106, upon payment of the
14appropriate reinstatement fee provided under paragraph (b) of
15Section 6-118, the Secretary of State, in his discretion, may
16reinstate the petitioner's driver's license and driving
17privileges, or extend the restricted driving permit as many
18times as the Secretary of State deems appropriate, by
19additional 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

 

 

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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 or revocation
15        under Section 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.

 

 

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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
17privileges of a person convicted of a third or subsequent
18violation of Section 6-303 of this Code committed while his or
19her driver's license, permit, or privilege was revoked because
20of a violation of Section 9-3 of the Criminal Code of 1961,
21relating to the offense of reckless homicide, or a similar
22provision of a law of another state, is permanent. The
23Secretary may not, at any time, issue a license or permit to
24that person.
25    (e) This Section is subject to the provisions of the Driver
26License Compact.

 

 

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1    (f) Any revocation imposed upon any person under
2subsections 2 and 3 of paragraph (b) that is in effect on
3December 31, 1988 shall be converted to a suspension for a like
4period of time.
5    (g) The Secretary of State shall not issue a restricted
6driving permit to a person under the age of 16 years whose
7driving privileges have been revoked under any provisions of
8this Code.
9    (h) The Secretary of State shall require the use of
10ignition interlock devices on all vehicles owned by a person
11who has been convicted of a second or subsequent offense under
12Section 11-501 of this Code or a similar provision of a local
13ordinance. The person must pay to the Secretary of State DUI
14Administration Fund an amount not to exceed $30 for each month
15that he or she uses the device. The Secretary shall establish
16by rule and regulation the procedures for certification and use
17of the interlock system, the amount of the fee, and the
18procedures, terms, and conditions relating to these fees.
19    (i) (Blank).
20    (j) In accordance with 49 C.F.R. 384, the Secretary of
21State may not issue a restricted driving permit for the
22operation of a commercial motor vehicle to a person holding a
23CDL whose driving privileges have been revoked, suspended,
24cancelled, or disqualified under any provisions of this Code.
25    (k) An application for a license or permit made following a
26period of license revocation under this Section must be

 

 

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1accompanied by proof of the applicant's participation in a
2designated driver remedial or rehabilitative program, unless
3the revocation was the result of a conviction for a violation
4of Section 11-501 of this Code or a similar provision of a
5local ordinance or any similar out-of-state offense or Section
69-3 of the Criminal Code of 1961, where the use of alcohol or
7other drugs is recited as an element of the offense, or any
8similar out-of-state offense, or any combination of these
9offenses.
10(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
1196-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
127-1-11; 97-333, eff. 8-12-11.)
 
13    (625 ILCS 5/6-206)
14    Sec. 6-206. Discretionary authority to suspend or revoke
15license or permit; Right to a hearing.
16    (a) The Secretary of State is authorized to suspend or
17revoke the driving privileges of any person without preliminary
18hearing upon a showing of the person's records or other
19sufficient evidence that the person:
20        1. Has committed an offense for which mandatory
21    revocation of a driver's license or permit is required upon
22    conviction;
23        2. Has been convicted of not less than 3 offenses
24    against traffic regulations governing the movement of
25    vehicles committed within any 12 month period. No

 

 

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1    revocation or suspension shall be entered more than 6
2    months after the date of last conviction;
3        3. Has been repeatedly involved as a driver in motor
4    vehicle collisions or has been repeatedly convicted of
5    offenses against laws and ordinances regulating the
6    movement of traffic, to a degree that indicates lack of
7    ability to exercise ordinary and reasonable care in the
8    safe operation of a motor vehicle or disrespect for the
9    traffic laws and the safety of other persons upon the
10    highway;
11        4. Has by the unlawful operation of a motor vehicle
12    caused or contributed to an accident resulting in injury
13    requiring immediate professional treatment in a medical
14    facility or doctor's office to any person, except that any
15    suspension or revocation imposed by the Secretary of State
16    under the provisions of this subsection shall start no
17    later than 6 months after being convicted of violating a
18    law or ordinance regulating the movement of traffic, which
19    violation is related to the accident, or shall start not
20    more than one year after the date of the accident,
21    whichever date occurs later;
22        5. Has permitted an unlawful or fraudulent use of a
23    driver's license, identification card, or permit;
24        6. Has been lawfully convicted of an offense or
25    offenses in another state, including the authorization
26    contained in Section 6-203.1, which if committed within

 

 

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1    this State would be grounds for suspension or revocation;
2        7. Has refused or failed to submit to an examination
3    provided for by Section 6-207 or has failed to pass the
4    examination;
5        8. Is ineligible for a driver's license or permit under
6    the provisions of Section 6-103;
7        9. Has made a false statement or knowingly concealed a
8    material fact or has used false information or
9    identification in any application for a license,
10    identification card, or permit;
11        10. Has possessed, displayed, or attempted to
12    fraudulently use any license, identification card, or
13    permit not issued to the person;
14        11. Has operated a motor vehicle upon a highway of this
15    State when the person's driving privilege or privilege to
16    obtain a driver's license or permit was revoked or
17    suspended unless the operation was authorized by a
18    monitoring device driving permit, judicial driving permit
19    issued prior to January 1, 2009, probationary license to
20    drive, or a restricted driving permit issued under this
21    Code;
22        12. Has submitted to any portion of the application
23    process for another person or has obtained the services of
24    another person to submit to any portion of the application
25    process for the purpose of obtaining a license,
26    identification card, or permit for some other person;

 

 

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1        13. Has operated a motor vehicle upon a highway of this
2    State when the person's driver's license or permit was
3    invalid under the provisions of Sections 6-107.1 and 6-110;
4        14. Has committed a violation of Section 6-301,
5    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
6    of the Illinois Identification Card Act;
7        15. Has been convicted of violating Section 21-2 of the
8    Criminal Code of 1961 relating to criminal trespass to
9    vehicles in which case, the suspension shall be for one
10    year;
11        16. Has been convicted of violating Section 11-204 of
12    this Code relating to fleeing from a peace officer;
13        17. Has refused to submit to a test, or tests, as
14    required under Section 11-501.1 of this Code and the person
15    has not sought a hearing as provided for in Section
16    11-501.1;
17        18. Has, since issuance of a driver's license or
18    permit, been adjudged to be afflicted with or suffering
19    from any mental disability or disease;
20        19. Has committed a violation of paragraph (a) or (b)
21    of Section 6-101 relating to driving without a driver's
22    license;
23        20. Has been convicted of violating Section 6-104
24    relating to classification of driver's license;
25        21. Has been convicted of violating Section 11-402 of
26    this Code relating to leaving the scene of an accident

 

 

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1    resulting in damage to a vehicle in excess of $1,000, in
2    which case the suspension shall be for one year;
3        22. Has used a motor vehicle in violating paragraph
4    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
5    the Criminal Code of 1961 relating to unlawful use of
6    weapons, in which case the suspension shall be for one
7    year;
8        23. Has, as a driver, been convicted of committing a
9    violation of paragraph (a) of Section 11-502 of this Code
10    for a second or subsequent time within one year of a
11    similar violation;
12        24. Has been convicted by a court-martial or punished
13    by non-judicial punishment by military authorities of the
14    United States at a military installation in Illinois of or
15    for a traffic related offense that is the same as or
16    similar to an offense specified under Section 6-205 or
17    6-206 of this Code;
18        25. Has permitted any form of identification to be used
19    by another in the application process in order to obtain or
20    attempt to obtain a license, identification card, or
21    permit;
22        26. Has altered or attempted to alter a license or has
23    possessed an altered license, identification card, or
24    permit;
25        27. Has violated Section 6-16 of the Liquor Control Act
26    of 1934;

 

 

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1        28. Has been convicted of the illegal possession, while
2    operating or in actual physical control, as a driver, of a
3    motor vehicle, of any controlled substance prohibited
4    under the Illinois Controlled Substances Act, any cannabis
5    prohibited under the Cannabis Control Act, or any
6    methamphetamine prohibited under the Methamphetamine
7    Control and Community Protection Act, in which case the
8    person's driving privileges shall be suspended for one
9    year, and any driver who is convicted of a second or
10    subsequent offense, within 5 years of a previous
11    conviction, for the illegal possession, while operating or
12    in actual physical control, as a driver, of a motor
13    vehicle, of any controlled substance prohibited under the
14    Illinois Controlled Substances Act, any cannabis
15    prohibited under the Cannabis Control Act, or any
16    methamphetamine prohibited under the Methamphetamine
17    Control and Community Protection Act shall be suspended for
18    5 years. Any defendant found guilty of this offense while
19    operating a motor vehicle, shall have an entry made in the
20    court record by the presiding judge that this offense did
21    occur while the defendant was operating a motor vehicle and
22    order the clerk of the court to report the violation to the
23    Secretary of State;
24        29. Has been convicted of the following offenses that
25    were committed while the person was operating or in actual
26    physical control, as a driver, of a motor vehicle: criminal

 

 

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1    sexual assault, predatory criminal sexual assault of a
2    child, aggravated criminal sexual assault, criminal sexual
3    abuse, aggravated criminal sexual abuse, juvenile pimping,
4    soliciting for a juvenile prostitute, promoting juvenile
5    prostitution as described in subdivision (a)(1), (a)(2),
6    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961,
7    and the manufacture, sale or delivery of controlled
8    substances or instruments used for illegal drug use or
9    abuse in which case the driver's driving privileges shall
10    be suspended for one year;
11        30. Has been convicted a second or subsequent time for
12    any combination of the offenses named in paragraph 29 of
13    this subsection, in which case the person's driving
14    privileges shall be suspended for 5 years;
15        31. Has refused to submit to a test as required by
16    Section 11-501.6 or has submitted to a test resulting in an
17    alcohol concentration of 0.08 or more or any amount of a
18    drug, substance, or compound resulting from the unlawful
19    use or consumption of cannabis as listed in the Cannabis
20    Control Act, a controlled substance as listed in the
21    Illinois Controlled Substances Act, an intoxicating
22    compound as listed in the Use of Intoxicating Compounds
23    Act, or methamphetamine as listed in the Methamphetamine
24    Control and Community Protection Act, in which case the
25    penalty shall be as prescribed in Section 6-208.1;
26        32. Has been convicted of Section 24-1.2 of the

 

 

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1    Criminal Code of 1961 relating to the aggravated discharge
2    of a firearm if the offender was located in a motor vehicle
3    at the time the firearm was discharged, in which case the
4    suspension shall be for 3 years;
5        33. Has as a driver, who was less than 21 years of age
6    on the date of the offense, been convicted a first time of
7    a violation of paragraph (a) of Section 11-502 of this Code
8    or a similar provision of a local ordinance;
9        34. Has committed a violation of Section 11-1301.5 of
10    this Code;
11        35. Has committed a violation of Section 11-1301.6 of
12    this Code;
13        36. Is under the age of 21 years at the time of arrest
14    and has been convicted of not less than 2 offenses against
15    traffic regulations governing the movement of vehicles
16    committed within any 24 month period. No revocation or
17    suspension shall be entered more than 6 months after the
18    date of last conviction;
19        37. Has committed a violation of subsection (c) of
20    Section 11-907 of this Code that resulted in damage to the
21    property of another or the death or injury of another;
22        38. Has been convicted of a violation of Section 6-20
23    of the Liquor Control Act of 1934 or a similar provision of
24    a local ordinance;
25        39. Has committed a second or subsequent violation of
26    Section 11-1201 of this Code;

 

 

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1        40. Has committed a violation of subsection (a-1) of
2    Section 11-908 of this Code;
3        41. Has committed a second or subsequent violation of
4    Section 11-605.1 of this Code, a similar provision of a
5    local ordinance, or a similar violation in any other state
6    within 2 years of the date of the previous violation, in
7    which case the suspension shall be for 90 days;
8        42. Has committed a violation of subsection (a-1) of
9    Section 11-1301.3 of this Code;
10        43. Has received a disposition of court supervision for
11    a violation of subsection (a), (d), or (e) of Section 6-20
12    of the Liquor Control Act of 1934 or a similar provision of
13    a local ordinance, in which case the suspension shall be
14    for a period of 3 months;
15        44. Is under the age of 21 years at the time of arrest
16    and has been convicted of an offense against traffic
17    regulations governing the movement of vehicles after
18    having previously had his or her driving privileges
19    suspended or revoked pursuant to subparagraph 36 of this
20    Section; or
21        45. Has, in connection with or during the course of a
22    formal hearing conducted under Section 2-118 of this Code:
23    (i) committed perjury; (ii) submitted fraudulent or
24    falsified documents; (iii) submitted documents that have
25    been materially altered; or (iv) submitted, as his or her
26    own, documents that were in fact prepared or composed for

 

 

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1    another person.
2    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
3and 27 of this subsection, license means any driver's license,
4any traffic ticket issued when the person's driver's license is
5deposited in lieu of bail, a suspension notice issued by the
6Secretary of State, a duplicate or corrected driver's license,
7a probationary driver's license or a temporary driver's
8license.
9    (b) If any conviction forming the basis of a suspension or
10revocation authorized under this Section is appealed, the
11Secretary of State may rescind or withhold the entry of the
12order of suspension or revocation, as the case may be, provided
13that a certified copy of a stay order of a court is filed with
14the Secretary of State. If the conviction is affirmed on
15appeal, the date of the conviction shall relate back to the
16time the original judgment of conviction was entered and the 6
17month limitation prescribed shall not apply.
18    (c) 1. Upon suspending or revoking the driver's license or
19permit of any person as authorized in this Section, the
20Secretary of State shall immediately notify the person in
21writing of the revocation or suspension. The notice to be
22deposited in the United States mail, postage prepaid, to the
23last known address of the person.
24        2. If the Secretary of State suspends the driver's
25    license of a person under subsection 2 of paragraph (a) of
26    this Section, a person's privilege to operate a vehicle as

 

 

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

 

 

09700SB0967sam001- 25 -LRB097 04704 HEP 67568 a

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

 

 

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

 

 

09700SB0967sam001- 27 -LRB097 04704 HEP 67568 a

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

 

 

09700SB0967sam001- 28 -LRB097 04704 HEP 67568 a

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

 

 

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

 

 

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1or she reached the age of 21 years pursuant to any of the
2provisions of this Section, require the applicant to
3participate in a driver remedial education course and be
4retested under Section 6-109 of this Code.
5    (d) This Section is subject to the provisions of the
6Drivers License Compact.
7    (e) The Secretary of State shall not issue a restricted
8driving permit to a person under the age of 16 years whose
9driving privileges have been suspended or revoked under any
10provisions of this Code.
11    (f) In accordance with 49 C.F.R. 384, the Secretary of
12State may not issue a restricted driving permit for the
13operation of a commercial motor vehicle to a person holding a
14CDL whose driving privileges have been suspended, revoked,
15cancelled, or disqualified under any provisions of this Code.
16    (g) An application for a license or permit made following a
17period of license revocation under this Section must be
18accompanied by proof of the applicant's participation in a
19designated driver remedial or rehabilitative program, unless
20the revocation was the result of a conviction for a violation
21of Section 11-501 of this Code or a similar provision of a
22local ordinance or any similar out-of-state offense or Section
239-3 of the Criminal Code of 1961, where the use of alcohol or
24other drugs is recited as an element of the offense, or any
25similar out-of-state offense, or any combination of these
26offenses.

 

 

09700SB0967sam001- 31 -LRB097 04704 HEP 67568 a

1    (h) As a condition of reinstatement of a person's license
2or permit following a suspension under this Section, the person
3must provide proof of his or her participation in a designated
4driver remedial or rehabilitative program.
5(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
696-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
77-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,
8eff. 8-12-11; revised 9-15-11.)".