|
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4206 Introduced , by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-205 | | 625 ILCS 5/6-206 | | 625 ILCS 5/6-208 | from Ch. 95 1/2, par. 6-208 | 625 ILCS 5/6-303 | from Ch. 95 1/2, par. 6-303 |
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Amends the Illinois Vehicle Code. Provides that certain persons ineligible to re-apply for a license may instead apply for a restricted driving permit after the expiration of 5 years from the effective date of the most recent revocation, provided the person proves by clear and convincing evidence a minimum 3 years of uninterrupted sobriety from alcohol and other drugs and the successful completion of all rehabilitative activity recommended by a properly licensed service provider. Provides that the Secretary of State shall cancel a restricted driving permit issued under the conditions if the holder fails to comply with ignition interlock device requirements and that the person shall be ineligible to re-apply for restricted driving privileges. Provides that a bona fide resident of a foreign jurisdiction who would be eligible for a restricted driving permit under the new provisions if the person were a resident of Illinois may make application for termination of the revocation after a period of 10 years from the effective date of the most recent revocation. Provides that if a person who has been granted a termination of revocation subsequently becomes a resident, the revocation shall be reinstated and the person shall be subject to the provisions concerning the issuance of a restricted driving permit.
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| | A BILL FOR |
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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Vehicle Code is amended by changing |
5 | | Sections 6-205, 6-206, 6-208, and 6-303 as follows:
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6 | | (625 ILCS 5/6-205)
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7 | | Sec. 6-205. Mandatory revocation of license or permit; |
8 | | Hardship cases.
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9 | | (a) Except as provided in this Section, the Secretary of |
10 | | State shall
immediately revoke the license, permit, or driving |
11 | | privileges of
any driver upon receiving a
report of the |
12 | | driver's conviction of any of the following offenses:
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13 | | 1. Reckless homicide resulting from the operation of a |
14 | | motor vehicle;
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15 | | 2. Violation of Section 11-501 of this Code or a |
16 | | similar provision of
a local ordinance relating to the |
17 | | offense of operating or being in physical
control of a |
18 | | vehicle while under the influence of alcohol, other drug or
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19 | | drugs, intoxicating compound or compounds, or any |
20 | | combination thereof;
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21 | | 3. Any felony under the laws of any State or the |
22 | | federal government
in the commission of which a motor |
23 | | vehicle was used;
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1 | | 4. Violation of Section 11-401 of this Code relating to |
2 | | the offense of
leaving the scene of a traffic accident |
3 | | involving death or personal injury;
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4 | | 5. Perjury or the making of a false affidavit or |
5 | | statement under
oath to the Secretary of State under this |
6 | | Code or under any
other law relating to the ownership or |
7 | | operation of motor vehicles;
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8 | | 6. Conviction upon 3 charges of violation of Section |
9 | | 11-503 of this
Code relating to the offense of reckless |
10 | | driving committed within a
period of 12 months;
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11 | | 7. Conviction of any offense
defined in
Section 4-102 |
12 | | of this Code;
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13 | | 8. Violation of Section 11-504 of this Code relating to |
14 | | the offense
of drag racing;
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15 | | 9. Violation of Chapters 8 and 9 of this Code;
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16 | | 10. Violation of Section 12-5 of the Criminal Code of |
17 | | 1961 or the Criminal Code of 2012 arising from
the use of a |
18 | | motor vehicle;
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19 | | 11. Violation of Section 11-204.1 of this Code relating |
20 | | to aggravated
fleeing or attempting to elude a peace |
21 | | officer;
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22 | | 12. Violation of paragraph (1) of subsection (b) of |
23 | | Section 6-507,
or a similar law of any other state, |
24 | | relating to the
unlawful operation of a commercial motor |
25 | | vehicle;
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26 | | 13. Violation of paragraph (a) of Section 11-502 of |
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1 | | this Code or a
similar provision of a local ordinance if |
2 | | the driver has been previously
convicted of a violation of |
3 | | that Section or a similar provision of a local
ordinance |
4 | | and the driver was less than 21 years of age at the time of |
5 | | the
offense;
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6 | | 14. Violation of paragraph (a) of Section 11-506 of |
7 | | this Code or a similar provision of a local ordinance |
8 | | relating to the offense of street racing;
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9 | | 15. A second or subsequent conviction of driving while |
10 | | the person's driver's license, permit or privileges was |
11 | | revoked for reckless homicide or a similar out-of-state |
12 | | offense; |
13 | | 16. Any offense against any provision in this Code, or |
14 | | any local ordinance, regulating the
movement of traffic |
15 | | when that offense was the proximate cause of the death of |
16 | | any person. Any person whose driving privileges have been |
17 | | revoked pursuant to this paragraph may seek to have the |
18 | | revocation terminated or to have the length of revocation |
19 | | reduced by requesting an administrative hearing with the |
20 | | Secretary of State prior to the projected driver's license |
21 | | application eligibility date; |
22 | | 17. Violation of subsection (a-2) of Section 11-1301.3 |
23 | | of this Code or a similar provision of a local ordinance; |
24 | | 18. A second or subsequent conviction of illegal |
25 | | possession, while operating or in actual physical control, |
26 | | as a driver, of a motor vehicle, of any controlled |
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1 | | substance prohibited under the Illinois Controlled |
2 | | Substances Act, any cannabis prohibited under the Cannabis |
3 | | Control Act, or any methamphetamine prohibited under the |
4 | | Methamphetamine Control and Community Protection Act. A |
5 | | defendant found guilty of this offense while operating a |
6 | | motor vehicle
shall have an entry made in the court record |
7 | | by the presiding judge that
this offense did occur while |
8 | | the defendant was operating a motor vehicle
and order the |
9 | | clerk of the court to report the violation to the Secretary
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10 | | of State. |
11 | | (b) The Secretary of State shall also immediately revoke |
12 | | the license
or permit of any driver in the following |
13 | | situations:
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14 | | 1. Of any minor upon receiving the notice provided for |
15 | | in Section
5-901 of the Juvenile Court Act of 1987 that the |
16 | | minor has been
adjudicated under that Act as having |
17 | | committed an offense relating to
motor vehicles prescribed |
18 | | in Section 4-103 of this Code;
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19 | | 2. Of any person when any other law of this State |
20 | | requires either the
revocation or suspension of a license |
21 | | or permit;
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22 | | 3. Of any person adjudicated under the Juvenile Court |
23 | | Act of 1987 based on an offense determined to have been |
24 | | committed in furtherance of the criminal activities of an |
25 | | organized gang as provided in Section 5-710 of that Act, |
26 | | and that involved the operation or use of a motor vehicle |
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1 | | or the use of a driver's license or permit. The revocation |
2 | | shall remain in effect for the period determined by the |
3 | | court. Upon the direction of the court, the Secretary shall |
4 | | issue the person a judicial driving permit, also known as a |
5 | | JDP. The JDP shall be subject to the same terms as a JDP |
6 | | issued under Section 6-206.1, except that the court may |
7 | | direct that a JDP issued under this subdivision (b)(3) be |
8 | | effective immediately.
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9 | | (c)(1) Whenever a person is convicted of any of the |
10 | | offenses enumerated in
this Section, the court may recommend |
11 | | and the Secretary of State in his
discretion, without regard to |
12 | | whether the recommendation is made by the
court may, upon |
13 | | application,
issue to the person a
restricted driving permit |
14 | | granting the privilege of driving a motor
vehicle between the |
15 | | petitioner's residence and petitioner's place
of employment or |
16 | | within the scope of the petitioner's employment related
duties, |
17 | | or to allow the petitioner to transport himself or herself or a |
18 | | family member
of the petitioner's household to a medical |
19 | | facility for the receipt of necessary medical care or to allow |
20 | | the
petitioner to transport himself or herself to and from |
21 | | alcohol or drug remedial or rehabilitative activity |
22 | | recommended by a licensed service provider, or to allow the
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23 | | petitioner to transport himself or herself or a family member |
24 | | of the petitioner's household to classes, as a student, at an |
25 | | accredited educational
institution, or to allow the petitioner |
26 | | to transport children, elderly persons, or disabled persons who |
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1 | | do not hold driving privileges and are living in the |
2 | | petitioner's household to and from daycare; if the petitioner |
3 | | is able to demonstrate that no alternative means
of |
4 | | transportation is reasonably available and that the petitioner |
5 | | will not endanger
the public safety or welfare; provided that |
6 | | the Secretary's discretion shall be
limited to cases where |
7 | | undue hardship, as defined by the rules of the Secretary of |
8 | | State, would result from a failure to issue the
restricted |
9 | | driving permit. Those multiple offenders identified in |
10 | | subdivision (b)4 of Section 6-208 of this Code, however, shall |
11 | | not be eligible for the issuance of a restricted driving |
12 | | permit.
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13 | | (1.5) If a person is
convicted of a combination of 4 or |
14 | | more offenses which include a violation of Section 11-501 |
15 | | of this Code or a similar provision of a local
ordinance, |
16 | | Section 11-401 of this Code, or Section 9-3 of the
Criminal |
17 | | Code of 1961 or the Criminal Code of 2012, or
a combination |
18 | | of violations of
similar provisions of local ordinances,
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19 | | similar out-of-state offenses, or similar offenses |
20 | | committed on a military installation, the person may make |
21 | | application for a restricted driving permit, at a formal |
22 | | hearing conducted under Section 2-118 of this Code, after |
23 | | the expiration of 5 years from the effective date of the |
24 | | most recent revocation or after the expiration of 5 years |
25 | | from the date of release from a period of imprisonment |
26 | | resulting from a conviction of the most recent offense, |
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1 | | whichever is later, provided the person, in addition to all |
2 | | other requirements of the Secretary, shows by clear and |
3 | | convincing evidence: |
4 | | (A) a minimum 3 years of uninterrupted abstinence |
5 | | from alcohol, other drug or drugs, intoxicating |
6 | | compound or compounds, or any combination thereof |
7 | | immediately prior to submitting the application; and |
8 | | (B) the successful completion of all |
9 | | rehabilitative activity recommended by a properly |
10 | | licensed service provider, pursuant to an assessment |
11 | | of the person's alcohol or drug use. |
12 | | In determining whether an applicant is eligible for a |
13 | | restricted driving permit under this paragraph (1.5), the |
14 | | Secretary may consider any relevant evidence, including |
15 | | but not limited to testimony, affidavits, records, and the |
16 | | results of regular alcohol or drug tests. |
17 | | A restricted driving permit issued under this |
18 | | paragraph (1.5) shall provide that the holder may only |
19 | | operate vehicles equipped with an ignition interlock |
20 | | device. The Secretary may cancel a restricted driving |
21 | | permit or amend the conditions of a restricted driving |
22 | | permit issued under this paragraph (1.5) if the holder |
23 | | operates a vehicle that is not equipped with an ignition |
24 | | interlock device, or for any other reason authorized under |
25 | | this Code. |
26 | | (2) If a person's license or permit is revoked or |
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1 | | suspended due to 2 or
more convictions of violating Section |
2 | | 11-501 of this Code or a similar
provision of a local |
3 | | ordinance or a similar out-of-state offense, or Section 9-3 |
4 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
5 | | where the use of alcohol or other drugs is recited as an |
6 | | element of the offense, or a similar out-of-state offense, |
7 | | or a combination of these offenses, arising out
of separate |
8 | | occurrences, that person, if issued a restricted driving |
9 | | permit,
may not operate a vehicle unless it has been |
10 | | equipped with an ignition
interlock device as defined in |
11 | | Section 1-129.1.
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12 | | (3) If:
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13 | | (A) a person's license or permit is revoked or |
14 | | suspended 2 or more
times within a 10 year period due |
15 | | to any combination of: |
16 | | (i)
a single conviction of violating Section
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17 | | 11-501 of this Code or a similar provision of a |
18 | | local ordinance or a similar
out-of-state offense, |
19 | | or Section 9-3 of the Criminal Code of 1961 or the |
20 | | Criminal Code of 2012, where the use of alcohol or |
21 | | other drugs is recited as an element of the |
22 | | offense, or a similar out-of-state offense; or |
23 | | (ii)
a statutory summary suspension or |
24 | | revocation under Section
11-501.1; or |
25 | | (iii)
a suspension pursuant to Section |
26 | | 6-203.1;
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1 | | arising out of
separate occurrences; or |
2 | | (B)
a person has been convicted of one violation of |
3 | | Section 6-303 of this Code committed while his or her |
4 | | driver's license, permit, or privilege was revoked |
5 | | because of a violation of Section 9-3 of the Criminal |
6 | | Code of 1961 or the Criminal Code of 2012, relating to |
7 | | the offense of reckless homicide where the use of |
8 | | alcohol or other drugs was recited as an element of the |
9 | | offense, or a similar provision of a law of another |
10 | | state;
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11 | | that person, if issued a restricted
driving permit, may not |
12 | | operate a vehicle unless it has been equipped with an
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13 | | ignition interlock device as defined in Section 1-129.1. |
14 | | (4)
The person issued a permit conditioned on the use |
15 | | of an ignition interlock device must pay to the Secretary |
16 | | of State DUI Administration Fund an amount
not to exceed |
17 | | $30 per month. The Secretary shall establish by rule the |
18 | | amount
and the procedures, terms, and conditions relating |
19 | | to these fees. |
20 | | (5)
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 operation |
24 | | of an occupational vehicle
owned or leased by that person's |
25 | | employer when used solely for employment purposes. |
26 | | (6)
In each case the Secretary of State may issue a
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1 | | restricted driving permit for a period he deems |
2 | | appropriate, except that the
permit shall expire within one |
3 | | year from the date of issuance. The Secretary
may not, |
4 | | however, issue a restricted driving permit to any person |
5 | | whose current
revocation is the result of a second or |
6 | | subsequent conviction for a violation
of Section 11-501 of |
7 | | this Code or a similar provision of a local ordinance
or |
8 | | any similar out-of-state offense, or Section 9-3 of the |
9 | | Criminal Code of 1961 or the Criminal Code of 2012, where |
10 | | the use of alcohol or other drugs is recited as an element |
11 | | of the offense, or any similar out-of-state offense, or any |
12 | | combination of these offenses, until the expiration of at |
13 | | least one year from the date of the
revocation. A |
14 | | restricted
driving permit issued under this Section shall |
15 | | be
subject to cancellation, revocation, and suspension by |
16 | | the Secretary of
State in like manner and for like cause as |
17 | | a driver's license issued
under this Code may be cancelled, |
18 | | revoked, or
suspended; except that a conviction upon one or |
19 | | more offenses against laws or
ordinances regulating the |
20 | | movement of traffic shall be deemed sufficient cause
for |
21 | | the revocation, suspension, or cancellation of a |
22 | | restricted driving permit.
The Secretary of State may, as a |
23 | | condition to the issuance of a restricted
driving permit, |
24 | | require the petitioner to participate in a designated |
25 | | driver
remedial or rehabilitative program. The Secretary |
26 | | of State is authorized to
cancel a restricted driving |
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1 | | permit if the permit holder does not successfully
complete |
2 | | the program. However, if an individual's driving |
3 | | privileges have been
revoked in accordance with paragraph |
4 | | 13 of subsection (a) of this Section, no
restricted driving |
5 | | permit shall be issued until the individual has served 6
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6 | | months of the revocation period.
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7 | | (c-5) (Blank).
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8 | | (c-6) If a person is convicted of a second violation of |
9 | | operating a motor vehicle while the person's driver's license, |
10 | | permit or privilege was revoked, where the revocation was for a |
11 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
12 | | Criminal Code of 2012 relating to the offense of reckless |
13 | | homicide or a similar out-of-state offense, the person's |
14 | | driving privileges shall be revoked pursuant to subdivision |
15 | | (a)(15) of this Section. The person may not make application |
16 | | for a license or permit until the expiration of five years from |
17 | | the effective date of the revocation or the expiration of five |
18 | | years from the date of release from a term of imprisonment, |
19 | | whichever is later. |
20 | | (c-7) If a person is convicted of a third or subsequent |
21 | | violation of operating a motor vehicle while the person's |
22 | | driver's license, permit or privilege was revoked, where the |
23 | | revocation was for a violation of Section 9-3 of the Criminal |
24 | | Code of 1961 or the Criminal Code of 2012 relating to the |
25 | | offense of reckless homicide or a similar out-of-state offense, |
26 | | the person may never apply for a license or permit. |
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1 | | (d)(1) Whenever a person under the age of 21 is convicted |
2 | | under Section
11-501 of this Code or a similar provision of a |
3 | | local ordinance or a similar out-of-state offense, the
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4 | | Secretary of State shall revoke the driving privileges of that |
5 | | person. One
year after the date of revocation, and upon |
6 | | application, the Secretary of
State may, if satisfied that the |
7 | | person applying will not endanger the
public safety or welfare, |
8 | | issue a restricted driving permit granting the
privilege of |
9 | | driving a motor vehicle only between the hours of 5 a.m. and 9
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10 | | p.m. or as otherwise provided by this Section for a period of |
11 | | one year.
After this one year period, and upon reapplication |
12 | | for a license as
provided in Section 6-106, upon payment of the |
13 | | appropriate reinstatement
fee provided under paragraph (b) of |
14 | | Section 6-118, the Secretary of State,
in his discretion, may
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15 | | reinstate the petitioner's driver's license and driving |
16 | | privileges, or extend the restricted driving permit as many |
17 | | times as the
Secretary of State deems appropriate, by |
18 | | additional periods of not more than
12 months each.
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19 | | (2) If a person's license or permit is revoked or |
20 | | suspended due to 2 or
more convictions of violating Section |
21 | | 11-501 of this Code or a similar
provision of a local |
22 | | ordinance or a similar out-of-state offense, or Section 9-3 |
23 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
24 | | where the use of alcohol or other drugs is recited as an |
25 | | element of the offense, or a similar out-of-state offense, |
26 | | or a combination of these offenses, arising out
of separate |
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1 | | occurrences, that person, if issued a restricted driving |
2 | | permit,
may not operate a vehicle unless it has been |
3 | | equipped with an ignition
interlock device as defined in |
4 | | Section 1-129.1.
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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 or the |
12 | | Criminal Code of 2012, where the use of alcohol or |
13 | | other drugs is recited as an element of the offense, or |
14 | | a similar out-of-state offense; or |
15 | | (B)
a statutory summary suspension or revocation |
16 | | under Section 11-501.1; or |
17 | | (C) a suspension pursuant to Section 6-203.1; |
18 | | arising out of separate occurrences, that person, if issued |
19 | | a
restricted
driving permit, may not operate a vehicle |
20 | | unless it has been equipped with an
ignition interlock |
21 | | device as defined in Section 1-129.1. |
22 | | (4)
The person issued a permit conditioned upon the use |
23 | | of an interlock device must pay to the Secretary of State |
24 | | DUI Administration Fund an amount
not to exceed $30 per |
25 | | month. The Secretary shall establish by rule the amount
and |
26 | | the procedures, terms, and conditions relating to these |
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1 | | fees. |
2 | | (5)
If the restricted driving permit is issued for |
3 | | employment purposes, then
the prohibition against driving |
4 | | a vehicle that is not equipped with an ignition interlock |
5 | | device does not apply to the operation of an occupational |
6 | | vehicle
owned or leased by that person's employer when used |
7 | | solely for employment purposes. |
8 | | (6) A
restricted driving permit issued under this |
9 | | Section shall be subject to
cancellation, revocation, and |
10 | | suspension by the Secretary of State in like
manner and for |
11 | | like cause as a driver's license issued under this Code may |
12 | | be
cancelled, revoked, or suspended; except that a |
13 | | conviction upon one or more
offenses against laws or |
14 | | ordinances regulating the movement of traffic
shall be |
15 | | deemed sufficient cause for the revocation, suspension, or
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16 | | cancellation of a restricted driving permit.
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17 | | (d-5) The revocation of the license, permit, or driving |
18 | | privileges of a person convicted of a third or subsequent |
19 | | violation of Section 6-303 of this Code committed while his or |
20 | | her driver's license, permit, or privilege was revoked because |
21 | | of a violation of Section 9-3 of the Criminal Code of 1961 or |
22 | | the Criminal Code of 2012, relating to the offense of reckless |
23 | | homicide, or a similar provision of a law of another state, is |
24 | | permanent. The Secretary may not, at any time, issue a license |
25 | | or permit to that person.
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26 | | (e) This Section is subject to the provisions of the Driver |
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1 | | License
Compact.
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2 | | (f) Any revocation imposed upon any person under |
3 | | subsections 2
and 3 of paragraph (b) that is in effect on |
4 | | December 31, 1988 shall be
converted to a suspension for a like |
5 | | period of time.
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6 | | (g) The Secretary of State shall not issue a restricted |
7 | | driving permit to
a person under the age of 16 years whose |
8 | | driving privileges have been revoked
under any provisions of |
9 | | this Code.
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10 | | (h) The Secretary of State shall require the use of |
11 | | ignition interlock
devices on all vehicles owned by a person |
12 | | who has been convicted of a
second or subsequent offense under |
13 | | Section 11-501 of this Code or a similar
provision of a local |
14 | | ordinance. The person must pay to the Secretary of State DUI |
15 | | Administration Fund an amount not to exceed $30 for each month |
16 | | that he or she uses the device. The Secretary shall establish |
17 | | by rule and
regulation the procedures for certification and use |
18 | | of the interlock
system, the amount of the fee, and the |
19 | | procedures, terms, and conditions relating to these fees.
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20 | | (i) (Blank).
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21 | | (j) In accordance with 49 C.F.R. 384, the Secretary of |
22 | | State may not issue a restricted driving permit for the |
23 | | operation of a commercial motor vehicle to a person holding a |
24 | | CDL whose driving privileges have been revoked, suspended, |
25 | | cancelled, or disqualified under any provisions of this Code.
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26 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; |
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1 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. |
2 | | 7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. |
3 | | 1-1-13; 97-1150, eff. 1-25-13.)
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4 | | (625 ILCS 5/6-206)
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5 | | Sec. 6-206. Discretionary authority to suspend or revoke |
6 | | license or
permit; Right to a hearing.
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7 | | (a) The Secretary of State is authorized to suspend or |
8 | | revoke the
driving privileges of any person without preliminary |
9 | | hearing upon a showing
of the person's records or other |
10 | | sufficient evidence that
the person:
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11 | | 1. Has committed an offense for which mandatory |
12 | | revocation of
a driver's license or permit is required upon |
13 | | conviction;
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14 | | 2. Has been convicted of not less than 3 offenses |
15 | | against traffic
regulations governing the movement of |
16 | | vehicles committed within any 12
month period. No |
17 | | revocation or suspension shall be entered more than
6 |
18 | | months after the date of last conviction;
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19 | | 3. Has been repeatedly involved as a driver in motor |
20 | | vehicle
collisions or has been repeatedly convicted of |
21 | | offenses against laws and
ordinances regulating the |
22 | | movement of traffic, to a degree that
indicates lack of |
23 | | ability to exercise ordinary and reasonable care in
the |
24 | | safe operation of a motor vehicle or disrespect for the |
25 | | traffic laws
and the safety of other persons upon the |
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1 | | highway;
|
2 | | 4. Has by the unlawful operation of a motor vehicle |
3 | | caused or
contributed to an accident resulting in injury |
4 | | requiring
immediate professional treatment in a medical |
5 | | facility or doctor's office
to any person, except that any |
6 | | suspension or revocation imposed by the
Secretary of State |
7 | | under the provisions of this subsection shall start no
|
8 | | later than 6 months after being convicted of violating a |
9 | | law or
ordinance regulating the movement of traffic, which |
10 | | violation is related
to the accident, or shall start not |
11 | | more than one year
after
the date of the accident, |
12 | | whichever date occurs later;
|
13 | | 5. Has permitted an unlawful or fraudulent use of a |
14 | | driver's
license, identification card, or permit;
|
15 | | 6. Has been lawfully convicted of an offense or |
16 | | offenses in another
state, including the authorization |
17 | | contained in Section 6-203.1, which
if committed within |
18 | | this State would be grounds for suspension or revocation;
|
19 | | 7. Has refused or failed to submit to an examination |
20 | | provided for by
Section 6-207 or has failed to pass the |
21 | | examination;
|
22 | | 8. Is ineligible for a driver's license or permit under |
23 | | the provisions
of Section 6-103;
|
24 | | 9. Has made a false statement or knowingly concealed a |
25 | | material fact
or has used false information or |
26 | | identification in any application for a
license, |
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1 | | identification card, or permit;
|
2 | | 10. Has possessed, displayed, or attempted to |
3 | | fraudulently use any
license, identification card, or |
4 | | permit not issued to the person;
|
5 | | 11. Has operated a motor vehicle upon a highway of this |
6 | | State when
the person's driving privilege or privilege to |
7 | | obtain a driver's license
or permit was revoked or |
8 | | suspended unless the operation was authorized by
a |
9 | | monitoring device driving permit, judicial driving permit |
10 | | issued prior to January 1, 2009, probationary license to |
11 | | drive, or a restricted
driving permit issued under this |
12 | | Code;
|
13 | | 12. Has submitted to any portion of the application |
14 | | process for
another person or has obtained the services of |
15 | | another person to submit to
any portion of the application |
16 | | process for the purpose of obtaining a
license, |
17 | | identification card, or permit for some other person;
|
18 | | 13. Has operated a motor vehicle upon a highway of this |
19 | | State when
the person's driver's license or permit was |
20 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
|
21 | | 14. Has committed a violation of Section 6-301, |
22 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
23 | | of the Illinois Identification Card
Act;
|
24 | | 15. Has been convicted of violating Section 21-2 of the |
25 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating |
26 | | to criminal trespass to vehicles in which case, the |
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1 | | suspension
shall be for one year;
|
2 | | 16. Has been convicted of violating Section 11-204 of |
3 | | this Code relating
to fleeing from a peace officer;
|
4 | | 17. Has refused to submit to a test, or tests, as |
5 | | required under Section
11-501.1 of this Code and the person |
6 | | has not sought a hearing as
provided for in Section |
7 | | 11-501.1;
|
8 | | 18. Has, since issuance of a driver's license or |
9 | | permit, been adjudged
to be afflicted with or suffering |
10 | | from any mental disability or disease;
|
11 | | 19. Has committed a violation of paragraph (a) or (b) |
12 | | of Section 6-101
relating to driving without a driver's |
13 | | license;
|
14 | | 20. Has been convicted of violating Section 6-104 |
15 | | relating to
classification of driver's license;
|
16 | | 21. Has been convicted of violating Section 11-402 of
|
17 | | this Code relating to leaving the scene of an accident |
18 | | resulting in damage
to a vehicle in excess of $1,000, in |
19 | | which case the suspension shall be
for one year;
|
20 | | 22. Has used a motor vehicle in violating paragraph |
21 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
22 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
23 | | relating
to unlawful use of weapons, in which case the |
24 | | suspension shall be for one
year;
|
25 | | 23. Has, as a driver, been convicted of committing a |
26 | | violation of
paragraph (a) of Section 11-502 of this Code |
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1 | | for a second or subsequent
time within one year of a |
2 | | similar violation;
|
3 | | 24. Has been convicted by a court-martial or punished |
4 | | by non-judicial
punishment by military authorities of the |
5 | | United States at a military
installation in Illinois of or |
6 | | for a traffic related offense that is the
same as or |
7 | | similar to an offense specified under Section 6-205 or |
8 | | 6-206 of
this Code;
|
9 | | 25. Has permitted any form of identification to be used |
10 | | by another in
the application process in order to obtain or |
11 | | attempt to obtain a license,
identification card, or |
12 | | permit;
|
13 | | 26. Has altered or attempted to alter a license or has |
14 | | possessed an
altered license, identification card, or |
15 | | permit;
|
16 | | 27. Has violated Section 6-16 of the Liquor Control Act |
17 | | of 1934;
|
18 | | 28. Has been convicted for a first time of the illegal |
19 | | possession, while operating or
in actual physical control, |
20 | | as a driver, of a motor vehicle, of any
controlled |
21 | | substance prohibited under the Illinois Controlled |
22 | | Substances
Act, any cannabis prohibited under the Cannabis |
23 | | Control
Act, or any methamphetamine prohibited under the |
24 | | Methamphetamine Control and Community Protection Act, in |
25 | | which case the person's driving privileges shall be |
26 | | suspended for
one year.
Any defendant found guilty of this |
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1 | | offense while operating a motor vehicle,
shall have an |
2 | | entry made in the court record by the presiding judge that
|
3 | | this offense did occur while the defendant was operating a |
4 | | motor vehicle
and order the clerk of the court to report |
5 | | the violation to the Secretary
of State;
|
6 | | 29. Has been convicted of the following offenses that |
7 | | were committed
while the person was operating or in actual |
8 | | physical control, as a driver,
of a motor vehicle: criminal |
9 | | sexual assault,
predatory criminal sexual assault of a |
10 | | child,
aggravated criminal sexual
assault, criminal sexual |
11 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, |
12 | | soliciting for a juvenile prostitute, promoting juvenile |
13 | | prostitution as described in subdivision (a)(1), (a)(2), |
14 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 |
15 | | or the Criminal Code of 2012, and the manufacture, sale or
|
16 | | delivery of controlled substances or instruments used for |
17 | | illegal drug use
or abuse in which case the driver's |
18 | | driving privileges shall be suspended
for one year;
|
19 | | 30. Has been convicted a second or subsequent time for |
20 | | any
combination of the offenses named in paragraph 29 of |
21 | | this subsection,
in which case the person's driving |
22 | | privileges shall be suspended for 5
years;
|
23 | | 31. Has refused to submit to a test as
required by |
24 | | Section 11-501.6 of this Code or Section 5-16c of the Boat |
25 | | Registration and Safety Act or has submitted to a test |
26 | | resulting in
an alcohol concentration of 0.08 or more or |
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1 | | any amount of a drug, substance, or
compound resulting from |
2 | | the unlawful use or consumption of cannabis as listed
in |
3 | | the Cannabis Control Act, a controlled substance as listed |
4 | | in the Illinois
Controlled Substances Act, an intoxicating |
5 | | compound as listed in the Use of
Intoxicating Compounds |
6 | | Act, or methamphetamine as listed in the Methamphetamine |
7 | | Control and Community Protection Act, in which case the |
8 | | penalty shall be
as prescribed in Section 6-208.1;
|
9 | | 32. Has been convicted of Section 24-1.2 of the |
10 | | Criminal Code of
1961 or the Criminal Code of 2012 relating |
11 | | to the aggravated discharge of a firearm if the offender |
12 | | was
located in a motor vehicle at the time the firearm was |
13 | | discharged, in which
case the suspension shall be for 3 |
14 | | years;
|
15 | | 33. Has as a driver, who was less than 21 years of age |
16 | | on the date of
the offense, been convicted a first time of |
17 | | a violation of paragraph (a) of
Section 11-502 of this Code |
18 | | or a similar provision of a local ordinance;
|
19 | | 34. Has committed a violation of Section 11-1301.5 of |
20 | | this Code or a similar provision of a local ordinance;
|
21 | | 35. Has committed a violation of Section 11-1301.6 of |
22 | | this Code or a similar provision of a local ordinance;
|
23 | | 36. Is under the age of 21 years at the time of arrest |
24 | | and has been
convicted of not less than 2 offenses against |
25 | | traffic regulations governing
the movement of vehicles |
26 | | committed within any 24 month period. No revocation
or |
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1 | | suspension shall be entered more than 6 months after the |
2 | | date of last
conviction;
|
3 | | 37. Has committed a violation of subsection (c) of |
4 | | Section 11-907 of this
Code that resulted in damage to the |
5 | | property of another or the death or injury of another;
|
6 | | 38. Has been convicted of a violation of Section 6-20 |
7 | | of the Liquor
Control Act of 1934 or a similar provision of |
8 | | a local ordinance;
|
9 | | 39. Has committed a second or subsequent violation of |
10 | | Section
11-1201 of this Code;
|
11 | | 40. Has committed a violation of subsection (a-1) of |
12 | | Section 11-908 of
this Code; |
13 | | 41. Has committed a second or subsequent violation of |
14 | | Section 11-605.1 of this Code, a similar provision of a |
15 | | local ordinance, or a similar violation in any other state |
16 | | within 2 years of the date of the previous violation, in |
17 | | which case the suspension shall be for 90 days; |
18 | | 42. Has committed a violation of subsection (a-1) of |
19 | | Section 11-1301.3 of this Code or a similar provision of a |
20 | | local ordinance;
|
21 | | 43. Has received a disposition of court supervision for |
22 | | a violation of subsection (a), (d), or (e) of Section 6-20 |
23 | | of the Liquor
Control Act of 1934 or a similar provision of |
24 | | a local ordinance, in which case the suspension shall be |
25 | | for a period of 3 months;
|
26 | | 44.
Is under the age of 21 years at the time of arrest |
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1 | | and has been convicted of an offense against traffic |
2 | | regulations governing the movement of vehicles after |
3 | | having previously had his or her driving privileges
|
4 | | suspended or revoked pursuant to subparagraph 36 of this |
5 | | Section; |
6 | | 45.
Has, in connection with or during the course of a |
7 | | formal hearing conducted under Section 2-118 of this Code: |
8 | | (i) committed perjury; (ii) submitted fraudulent or |
9 | | falsified documents; (iii) submitted documents that have |
10 | | been materially altered; or (iv) submitted, as his or her |
11 | | own, documents that were in fact prepared or composed for |
12 | | another person; |
13 | | 46. Has committed a violation of subsection (j) of |
14 | | Section 3-413 of this Code; or
|
15 | | 47. Has committed a violation of Section 11-502.1 of |
16 | | this Code. |
17 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
18 | | and 27 of this
subsection, license means any driver's license, |
19 | | any traffic ticket issued when
the person's driver's license is |
20 | | deposited in lieu of bail, a suspension
notice issued by the |
21 | | Secretary of State, a duplicate or corrected driver's
license, |
22 | | a probationary driver's license or a temporary driver's |
23 | | license. |
24 | | (b) If any conviction forming the basis of a suspension or
|
25 | | revocation authorized under this Section is appealed, the
|
26 | | Secretary of State may rescind or withhold the entry of the |
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1 | | order of suspension
or revocation, as the case may be, provided |
2 | | that a certified copy of a stay
order of a court is filed with |
3 | | the Secretary of State. If the conviction is
affirmed on |
4 | | appeal, the date of the conviction shall relate back to the |
5 | | time
the original judgment of conviction was entered and the 6 |
6 | | month limitation
prescribed shall not apply.
|
7 | | (c) 1. Upon suspending or revoking the driver's license or |
8 | | permit of
any person as authorized in this Section, the |
9 | | Secretary of State shall
immediately notify the person in |
10 | | writing of the revocation or suspension.
The notice to be |
11 | | deposited in the United States mail, postage prepaid,
to the |
12 | | last known address of the person.
|
13 | | 2. If the Secretary of State suspends the driver's |
14 | | license
of a person under subsection 2 of paragraph (a) of |
15 | | this Section, a
person's privilege to operate a vehicle as |
16 | | an occupation shall not be
suspended, provided an affidavit |
17 | | is properly completed, the appropriate fee
received, and a |
18 | | permit issued prior to the effective date of the
|
19 | | suspension, unless 5 offenses were committed, at least 2 of |
20 | | which occurred
while operating a commercial vehicle in |
21 | | connection with the driver's
regular occupation. All other |
22 | | driving privileges shall be suspended by the
Secretary of |
23 | | State. Any driver prior to operating a vehicle for
|
24 | | occupational purposes only must submit the affidavit on |
25 | | forms to be
provided by the Secretary of State setting |
26 | | forth the facts of the person's
occupation. The affidavit |
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1 | | shall also state the number of offenses
committed while |
2 | | operating a vehicle in connection with the driver's regular
|
3 | | occupation. The affidavit shall be accompanied by the |
4 | | driver's license.
Upon receipt of a properly completed |
5 | | affidavit, the Secretary of State
shall issue the driver a |
6 | | permit to operate a vehicle in connection with the
driver's |
7 | | regular occupation only. Unless the permit is issued by the
|
8 | | Secretary of State prior to the date of suspension, the |
9 | | privilege to drive
any motor vehicle shall be suspended as |
10 | | set forth in the notice that was
mailed under this Section. |
11 | | If an affidavit is received subsequent to the
effective |
12 | | date of this suspension, a permit may be issued for the |
13 | | remainder
of the suspension period.
|
14 | | The provisions of this subparagraph shall not apply to |
15 | | any driver
required to possess a CDL for the purpose of |
16 | | operating a commercial motor vehicle.
|
17 | | Any person who falsely states any fact in the affidavit |
18 | | required
herein shall be guilty of perjury under Section |
19 | | 6-302 and upon conviction
thereof shall have all driving |
20 | | privileges revoked without further rights.
|
21 | | 3. At the conclusion of a hearing under Section 2-118 |
22 | | of this Code,
the Secretary of State shall either rescind |
23 | | or continue an order of
revocation or shall substitute an |
24 | | order of suspension; or, good
cause appearing therefor, |
25 | | rescind, continue, change, or extend the
order of |
26 | | suspension. If the Secretary of State does not rescind the |
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1 | | order,
the Secretary may upon application,
to relieve undue |
2 | | hardship (as defined by the rules of the Secretary of |
3 | | State), issue
a restricted driving permit granting the |
4 | | privilege of driving a motor
vehicle between the |
5 | | petitioner's residence and petitioner's place of
|
6 | | employment or within the scope of the petitioner's |
7 | | employment related duties, or to
allow the petitioner to |
8 | | transport himself or herself, or a family member of the
|
9 | | petitioner's household to a medical facility, to receive |
10 | | necessary medical care, to allow the petitioner to |
11 | | transport himself or herself to and from alcohol or drug
|
12 | | remedial or rehabilitative activity recommended by a |
13 | | licensed service provider, or to allow the petitioner to |
14 | | transport himself or herself or a family member of the |
15 | | petitioner's household to classes, as a student, at an |
16 | | accredited educational institution, or to allow the |
17 | | petitioner to transport children, elderly persons, or |
18 | | disabled persons who do not hold driving privileges and are |
19 | | living in the petitioner's household to and from daycare. |
20 | | The
petitioner must demonstrate that no alternative means |
21 | | of
transportation is reasonably available and that the |
22 | | petitioner will not endanger
the public safety or welfare. |
23 | | Those multiple offenders identified in subdivision (b)4 of |
24 | | Section 6-208 of this Code, however, shall not be eligible |
25 | | for the issuance of a restricted driving permit.
|
26 | |
(A) If a person's license or permit is revoked or |
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1 | | suspended due to 2
or more convictions of violating |
2 | | Section 11-501 of this Code or a similar
provision of a |
3 | | local ordinance or a similar out-of-state offense, or |
4 | | Section 9-3 of the Criminal Code of 1961 or the |
5 | | Criminal Code of 2012, where the use of alcohol or |
6 | | other drugs is recited as an element of the offense, or |
7 | | a similar out-of-state offense, or a combination of |
8 | | these offenses, arising out
of separate occurrences, |
9 | | that person, if issued a restricted driving permit,
may |
10 | | not operate a vehicle unless it has been equipped with |
11 | | an ignition
interlock device as defined in Section |
12 | | 1-129.1.
|
13 | | (B) If a person's license or permit is revoked or |
14 | | suspended 2 or more
times within a 10 year period due |
15 | | to any combination of: |
16 | | (i) a single conviction of violating Section
|
17 | | 11-501 of this Code or a similar provision of a |
18 | | local ordinance or a similar
out-of-state offense |
19 | | or Section 9-3 of the Criminal Code of 1961 or the |
20 | | Criminal Code of 2012, where the use of alcohol or |
21 | | other drugs is recited as an element of the |
22 | | offense, or a similar out-of-state offense; or |
23 | | (ii) a statutory summary suspension or |
24 | | revocation under Section
11-501.1; or |
25 | | (iii) a suspension under Section 6-203.1; |
26 | | arising out of
separate occurrences; that person, if |
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1 | | issued a restricted driving permit, may
not operate a |
2 | | vehicle unless it has been
equipped with an ignition |
3 | | interlock device as defined in Section 1-129.1. |
4 | | (C)
The person issued a permit conditioned upon the |
5 | | use of an ignition interlock device must pay to the |
6 | | Secretary of State DUI Administration Fund an amount
|
7 | | not to exceed $30 per month. The Secretary shall |
8 | | establish by rule the amount
and the procedures, terms, |
9 | | and conditions relating to these fees. |
10 | | (D) If the
restricted driving permit is issued for |
11 | | employment purposes, then the prohibition against |
12 | | operating a motor vehicle that is not equipped with an |
13 | | ignition interlock device does not apply to the |
14 | | operation of an occupational vehicle owned or
leased by |
15 | | that person's employer when used solely for employment |
16 | | purposes. |
17 | | (E) In each case the Secretary may issue a
|
18 | | restricted driving permit for a period deemed |
19 | | appropriate, except that all
permits shall expire |
20 | | within one year from the date of issuance. The |
21 | | Secretary
may not, however, issue a restricted driving |
22 | | permit to any person whose current
revocation is the |
23 | | result of a second or subsequent conviction for a |
24 | | violation
of Section 11-501 of this Code or a similar |
25 | | provision of a local ordinance
or any similar |
26 | | out-of-state offense, or Section 9-3 of the Criminal |
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1 | | Code of 1961 or the Criminal Code of 2012, where the |
2 | | use of alcohol or other drugs is recited as an element |
3 | | of the offense, or any similar out-of-state offense, or |
4 | | any combination
of those offenses, until the |
5 | | expiration of at least one year from the date of
the |
6 | | revocation. A
restricted driving permit issued under |
7 | | this Section shall be subject to
cancellation, |
8 | | revocation, and suspension by the Secretary of State in |
9 | | like
manner and for like cause as a driver's license |
10 | | issued under this Code may be
cancelled, revoked, or |
11 | | suspended; except that a conviction upon one or more
|
12 | | offenses against laws or ordinances regulating the |
13 | | movement of traffic
shall be deemed sufficient cause |
14 | | for the revocation, suspension, or
cancellation of a |
15 | | restricted driving permit. The Secretary of State may, |
16 | | as
a condition to the issuance of a restricted driving |
17 | | permit, require the
applicant to participate in a |
18 | | designated driver remedial or rehabilitative
program. |
19 | | The Secretary of State is authorized to cancel a |
20 | | restricted
driving permit if the permit holder does not |
21 | | successfully complete the program.
|
22 | | (F) If a person is
convicted of a combination of 4 |
23 | | or more offenses which include a violation of Section |
24 | | 11-501 of this Code or a similar provision of a local
|
25 | | ordinance, Section 11-401 of this Code, or Section 9-3 |
26 | | of the
Criminal Code of 1961 or the Criminal Code of |
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1 | | 2012, or
a combination of violations of
similar |
2 | | provisions of local ordinances,
similar out-of-state |
3 | | offenses, or similar offenses committed on a military |
4 | | installation, the person may make application for a |
5 | | restricted driving permit, at a formal hearing |
6 | | conducted under Section 2-118 of this Code, after the |
7 | | expiration of 5 years from the effective date of the |
8 | | most recent revocation or after the expiration of 5 |
9 | | years from the date of release from a period of |
10 | | imprisonment resulting from a conviction of the most |
11 | | recent offense, whichever is later, provided the |
12 | | person, in addition to all other requirements of the |
13 | | Secretary, shows by clear and convincing evidence: |
14 | | (i) a minimum 3 years of uninterrupted |
15 | | abstinence from alcohol, other drug or drugs, |
16 | | intoxicating compound or compounds, or any |
17 | | combination thereof immediately prior to |
18 | | submitting the application; and |
19 | | (ii) the successful completion of all |
20 | | rehabilitative activity recommended by a properly |
21 | | licensed service provider, pursuant to an |
22 | | assessment of the person's alcohol or drug use. |
23 | | In determining whether an applicant is eligible |
24 | | for a restricted driving permit under this |
25 | | subparagraph (F), the Secretary may consider any |
26 | | relevant evidence, including but not limited to |
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1 | | testimony, affidavits, records, and the results of |
2 | | regular alcohol or drug tests. |
3 | | A restricted driving permit issued under this |
4 | | subparagraph (F) shall provide that the holder may only |
5 | | operate vehicles equipped with an ignition interlock |
6 | | device. The Secretary may cancel a restricted driving |
7 | | permit or amend the conditions of a restricted driving |
8 | | permit issued under this subparagraph (F) if the holder |
9 | | operates a vehicle that is not equipped with an |
10 | | ignition interlock device, or for any other reason |
11 | | authorized under this Code. |
12 | | (c-3) In the case of a suspension under paragraph 43 of |
13 | | subsection (a), reports received by the Secretary of State |
14 | | under this Section shall, except during the actual time the |
15 | | suspension is in effect, be privileged information and for use |
16 | | only by the courts, police officers, prosecuting authorities, |
17 | | the driver licensing administrator of any other state, the |
18 | | Secretary of State, or the parent or legal guardian of a driver |
19 | | under the age of 18. However, beginning January 1, 2008, if the |
20 | | person is a CDL holder, the suspension shall also be made |
21 | | available to the driver licensing administrator of any other |
22 | | state, the U.S. Department of Transportation, and the affected |
23 | | driver or motor
carrier or prospective motor carrier upon |
24 | | request.
|
25 | | (c-4) In the case of a suspension under paragraph 43 of |
26 | | subsection (a), the Secretary of State shall notify the person |
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1 | | by mail that his or her driving privileges and driver's license |
2 | | will be suspended one month after the date of the mailing of |
3 | | the notice.
|
4 | | (c-5) The Secretary of State may, as a condition of the |
5 | | reissuance of a
driver's license or permit to an applicant |
6 | | whose driver's license or permit has
been suspended before he |
7 | | or she reached the age of 21 years pursuant to any of
the |
8 | | provisions of this Section, require the applicant to |
9 | | participate in a
driver remedial education course and be |
10 | | retested under Section 6-109 of this
Code.
|
11 | | (d) This Section is subject to the provisions of the |
12 | | Drivers License
Compact.
|
13 | | (e) The Secretary of State shall not issue a restricted |
14 | | driving permit to
a person under the age of 16 years whose |
15 | | driving privileges have been suspended
or revoked under any |
16 | | provisions of this Code.
|
17 | | (f) In accordance with 49 C.F.R. 384, the Secretary of |
18 | | State may not issue a restricted driving permit for the |
19 | | operation of a commercial motor vehicle to a person holding a |
20 | | CDL whose driving privileges have been suspended, revoked, |
21 | | cancelled, or disqualified under any provisions of this Code. |
22 | | (Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; |
23 | | 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; |
24 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. |
25 | | 1-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)
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1 | | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
|
2 | | Sec. 6-208. Period of Suspension - Application After |
3 | | Revocation.
|
4 | | (a) Except as otherwise provided by this Code or any other |
5 | | law of this
State, the Secretary of State shall not suspend a |
6 | | driver's license,
permit, or privilege to drive a motor vehicle |
7 | | on the highways for a
period of more than one year.
|
8 | | (b) Any person whose license, permit, or privilege to drive |
9 | | a motor
vehicle on the highways has been revoked shall not be |
10 | | entitled to have
such license, permit, or privilege renewed or |
11 | | restored. However, such
person may, except as provided under |
12 | | subsections (d) and (d-5) of Section 6-205, make
application |
13 | | for a license pursuant to Section 6-106 (i) if the revocation
|
14 | | was
for a cause that
has been removed or (ii) as provided in |
15 | | the following
subparagraphs:
|
16 | | 1. Except as provided in subparagraphs 1.5, 2, 3,
4, |
17 | | and 5,
the person may make application for a license (A) |
18 | | after the expiration of one
year from the effective date of |
19 | | the revocation, (B) in the case of a violation of paragraph |
20 | | (b) of Section 11-401 of this
Code or a similar provision |
21 | | of a local ordinance, after the expiration of 3
years from |
22 | | the effective date of the revocation, or
(C) in the case of |
23 | | a violation
of Section 9-3 of the Criminal Code of 1961 or |
24 | | the Criminal Code of 2012 or a similar provision of a law |
25 | | of another state relating to the offense of reckless
|
26 | | homicide or a violation of subparagraph (F) of paragraph 1 |
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1 | | of subsection (d) of Section 11-501 of this Code relating |
2 | | to aggravated driving under the influence of alcohol, other |
3 | | drug or drugs, intoxicating compound or compounds, or any |
4 | | combination thereof, if the violation was the proximate |
5 | | cause of a death, after the expiration of 2 years from the |
6 | | effective date of the
revocation
or after the expiration of |
7 | | 24 months from the date of release from
a
period of |
8 | | imprisonment as provided in Section
6-103 of this Code, |
9 | | whichever is later.
|
10 | | 1.5. If the person is convicted of a violation of |
11 | | Section 6-303 of this Code committed while his or her |
12 | | driver's license, permit, or privilege was revoked because |
13 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
14 | | or the Criminal Code of 2012, relating to the offense of |
15 | | reckless homicide, or a similar provision of a law of |
16 | | another state, the person may not make application for a |
17 | | license or permit until the expiration of 3 years from the |
18 | | date of the conviction.
|
19 | | 2. If such person is convicted of committing a second |
20 | | violation within a 20-year
period of:
|
21 | | (A) Section 11-501 of this Code or a similar |
22 | | provision of a local
ordinance;
|
23 | | (B) Paragraph (b) of Section 11-401 of this Code or |
24 | | a similar
provision
of a local ordinance;
|
25 | | (C) Section 9-3 of the Criminal Code of 1961 or the |
26 | | Criminal Code of 2012, relating
to the
offense of |
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1 | | reckless homicide; or
|
2 | | (D) any combination of the above offenses |
3 | | committed at different
instances;
|
4 | | then such person may not make application for a license |
5 | | until after
the expiration of 5 years from the effective |
6 | | date of the most recent
revocation. The 20-year
period |
7 | | shall be computed by using the dates the
offenses were |
8 | | committed and shall also include similar out-of-state
|
9 | | offenses and similar offenses committed on a military |
10 | | installation.
|
11 | | 2.5. If a person is convicted of a second violation of |
12 | | Section 6-303 of this Code committed while the person's |
13 | | driver's license, permit, or privilege was revoked because |
14 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
15 | | or the Criminal Code of 2012, relating to the offense of |
16 | | reckless homicide, or a similar provision of a law of |
17 | | another state, the person may not make application for a |
18 | | license or permit until the expiration of 5 years from the |
19 | | date of release from a term of imprisonment.
|
20 | | 3. However, except as provided in subparagraph 4, if |
21 | | such person is
convicted of committing a third or
|
22 | | subsequent violation or any combination of the above |
23 | | offenses, including
similar out-of-state offenses and |
24 | | similar offenses committed on a military installation, |
25 | | contained in subparagraph 2, then such person
may not make |
26 | | application for a license until after the expiration of 10 |
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1 | | years
from the effective date of the most recent |
2 | | revocation.
|
3 | | 4. Except as provided in paragraph (1.5) of subsection |
4 | | (c) of Section 6-205 and subparagraph (F) of paragraph (3) |
5 | | of subsection (c) of Section 6-206 of this Code, the The |
6 | | person may not make application for a license if the person |
7 | | is
convicted of committing a fourth or subsequent
violation |
8 | | of Section 11-501 of this Code or a similar provision of a |
9 | | local
ordinance, Section 11-401 of this Code, Section 9-3 |
10 | | of the
Criminal Code of 1961 or the Criminal Code of 2012, |
11 | | or
a combination of these offenses,
similar provisions of |
12 | | local ordinances,
similar out-of-state offenses, or |
13 | | similar offenses committed on a military installation.
|
14 | | 4.5. A bona fide resident of a foreign jurisdiction who |
15 | | is subject to the provisions of subparagraph 4 of this |
16 | | subsection (b) may make application for termination of the |
17 | | revocation after a period of 10 years from the effective |
18 | | date of the most recent revocation. However, if a person |
19 | | who has been granted a termination of revocation under this |
20 | | subparagraph 4.5 subsequently becomes a resident of this |
21 | | State, the revocation shall be reinstated and the person |
22 | | shall be subject to the provisions of subparagraph 4. |
23 | | 5. The person may not make application for a license or |
24 | | permit if the person is convicted of a third or subsequent |
25 | | violation of Section 6-303 of this Code committed while his |
26 | | or her driver's license, permit, or privilege was revoked |
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1 | | because of a violation of Section 9-3 of the Criminal Code |
2 | | of 1961 or the Criminal Code of 2012, relating to the |
3 | | offense of reckless homicide, or a similar provision of a |
4 | | law of another state.
|
5 | | Notwithstanding any other provision of this Code, all |
6 | | persons referred to
in this paragraph (b) may not have their |
7 | | privileges restored until the
Secretary receives payment of the |
8 | | required reinstatement fee pursuant to
subsection (b) of |
9 | | Section 6-118.
|
10 | | In no event shall the Secretary issue such license
unless |
11 | | and until such person has had a hearing pursuant to this Code |
12 | | and
the appropriate administrative rules and the Secretary is
|
13 | | satisfied, after a review or investigation of such person, that
|
14 | | to grant the privilege of driving a motor vehicle on the |
15 | | highways will
not endanger the public safety or welfare.
|
16 | | (c) (Blank).
|
17 | | (Source: P.A. 96-607, eff. 8-24-09; 97-1150, eff. 1-25-13.)
|
18 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
|
19 | | Sec. 6-303. Driving while driver's license, permit or |
20 | | privilege to
operate a motor vehicle is suspended or revoked.
|
21 | | (a) Except as otherwise provided in subsection (a-5), any |
22 | | person who drives or is in actual physical control of a motor
|
23 | | vehicle on any highway of this State at a time when such |
24 | | person's driver's
license, permit or privilege to do so or the |
25 | | privilege to obtain a driver's
license or permit is revoked or |
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1 | | suspended as provided by this Code or the law
of another state, |
2 | | except as may be specifically allowed by a judicial driving
|
3 | | permit issued prior to January 1, 2009, monitoring device |
4 | | driving permit, family financial responsibility driving |
5 | | permit, probationary
license to drive, or a restricted driving |
6 | | permit issued pursuant to this Code
or under the law of another |
7 | | state, shall be guilty of a Class A misdemeanor.
|
8 | | (a-3) A second or subsequent violation of subsection (a) of |
9 | | this Section is a Class 4 felony if committed by a person whose |
10 | | driving or operation of a motor vehicle is the proximate cause |
11 | | of a motor vehicle accident that causes personal injury or |
12 | | death to another. For purposes of this subsection, a personal |
13 | | injury includes any Type A injury as indicated on the traffic |
14 | | accident report completed by a law enforcement officer that |
15 | | requires immediate professional attention in either a doctor's |
16 | | office or a medical facility. A Type A injury includes severe |
17 | | bleeding wounds, distorted extremities, and injuries that |
18 | | require the injured party to be carried from the scene. |
19 | | (a-5) Any person who violates this Section as provided in |
20 | | subsection (a) while his or her driver's license, permit or |
21 | | privilege is revoked because of a violation of Section 9-3 of |
22 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
23 | | relating to the offense of reckless homicide or a similar |
24 | | provision of a law of another state, is guilty of a Class 4 |
25 | | felony. The person shall be required to undergo a professional |
26 | | evaluation, as provided in Section 11-501 of this Code, to |
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1 | | determine if an alcohol, drug, or intoxicating compound problem |
2 | | exists and the extent of the problem, and to undergo the |
3 | | imposition of treatment as appropriate.
|
4 | | (a-10) A person's driver's license, permit, or privilege to |
5 | | obtain a driver's license or permit may be subject to multiple |
6 | | revocations, multiple suspensions, or any combination of both |
7 | | simultaneously. No revocation or suspension shall serve to |
8 | | negate, invalidate, cancel, postpone, or in any way lessen the |
9 | | effect of any other revocation or suspension entered prior or |
10 | | subsequent to any other revocation or suspension. |
11 | | (b) (Blank). |
12 | | (b-1) Upon receiving a report of the conviction of any |
13 | | violation indicating a person was operating a motor vehicle |
14 | | during the time when the person's driver's license, permit or |
15 | | privilege was suspended by the Secretary of State or the |
16 | | driver's licensing administrator of another state, except as |
17 | | specifically allowed by a probationary license, judicial |
18 | | driving permit, restricted driving permit or monitoring device |
19 | | driving permit the Secretary shall extend the suspension for |
20 | | the same period of time as the originally imposed suspension |
21 | | unless the suspension has already expired, in which case the |
22 | | Secretary shall be authorized to suspend the person's driving |
23 | | privileges for the same period of time as the originally |
24 | | imposed suspension. |
25 | | (b-2) Except as provided in subsection (b-6), upon |
26 | | receiving a report of the conviction of any violation |
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1 | | indicating a person was operating a motor vehicle when the |
2 | | person's driver's license, permit or privilege was revoked by |
3 | | the Secretary of State or the driver's license administrator of |
4 | | any other state, except as specifically allowed by a restricted |
5 | | driving permit issued pursuant to this Code or the law of |
6 | | another state, the Secretary shall not issue a driver's license |
7 | | for an additional period of one year from the date of such |
8 | | conviction indicating such person was operating a vehicle |
9 | | during such period of revocation. |
10 | | (b-3) (Blank).
|
11 | | (b-4) When the Secretary of State receives a report of a |
12 | | conviction of any violation indicating a person was operating a |
13 | | motor vehicle that was not equipped with an ignition interlock |
14 | | device during a time when the person was prohibited from |
15 | | operating a motor vehicle not equipped with such a device, the |
16 | | Secretary shall not issue a driver's license to that person for |
17 | | an additional period of one year from the date of the |
18 | | conviction.
|
19 | | (b-5) Any person convicted of violating this Section shall |
20 | | serve a minimum
term of imprisonment of 30 consecutive days or |
21 | | 300
hours of community service
when the person's driving |
22 | | privilege was revoked or suspended as a result of a violation |
23 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
24 | | Code of 2012,
relating to the offense of reckless homicide, or |
25 | | a similar provision of a law of another state.
|
26 | | (b-6) Upon receiving a report of a first conviction of |
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1 | | operating a motor vehicle while the person's driver's license, |
2 | | permit or privilege was revoked where the revocation was for a |
3 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
4 | | Criminal Code of 2012 relating to the offense of reckless |
5 | | homicide or a similar out-of-state offense, the Secretary shall |
6 | | not issue a driver's license for an additional period of three |
7 | | years from the date of such conviction. |
8 | | (c) Except as provided in subsections (c-3) and (c-4), any |
9 | | person convicted of violating this Section shall serve a |
10 | | minimum
term of imprisonment of 10 consecutive days or 30
days |
11 | | of community service
when the person's driving privilege was |
12 | | revoked or suspended as a result of:
|
13 | | (1) a violation of Section 11-501 of this Code or a |
14 | | similar provision
of a local ordinance relating to the |
15 | | offense of operating or being in physical
control of a |
16 | | vehicle while under the influence of alcohol, any other |
17 | | drug
or any combination thereof; or
|
18 | | (2) a violation of paragraph (b) of Section 11-401 of |
19 | | this Code or a
similar provision of a local ordinance |
20 | | relating to the offense of leaving the
scene of a motor |
21 | | vehicle accident involving personal injury or death; or
|
22 | | (3)
a statutory summary suspension or revocation under |
23 | | Section 11-501.1 of this
Code.
|
24 | | Such sentence of imprisonment or community service shall |
25 | | not be subject
to suspension in order to reduce such sentence.
|
26 | | (c-1) Except as provided in subsections (c-5) and (d), any |
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1 | | person convicted of a
second violation of this Section shall be |
2 | | ordered by the court to serve a
minimum
of 100 hours of |
3 | | community service.
|
4 | | (c-2) In addition to other penalties imposed under this |
5 | | Section, the
court may impose on any person convicted a fourth |
6 | | time of violating this
Section any of
the following:
|
7 | | (1) Seizure of the license plates of the person's |
8 | | vehicle.
|
9 | | (2) Immobilization of the person's vehicle for a period |
10 | | of time
to be determined by the court.
|
11 | | (c-3) Any person convicted of a violation of this Section |
12 | | during a period of summary suspension imposed pursuant to |
13 | | Section 11-501.1 when the person was eligible for a MDDP shall |
14 | | be guilty of a Class 4 felony and shall serve a minimum term of |
15 | | imprisonment of 30 days. |
16 | | (c-4) Any person who has been issued a MDDP or a restricted |
17 | | driving permit which requires the person to operate only motor |
18 | | vehicles equipped with an ignition interlock device and who is |
19 | | convicted of a violation of this Section as a result of |
20 | | operating or being in actual physical control of a motor |
21 | | vehicle not equipped with an ignition interlock device at the |
22 | | time of the offense shall be guilty of a Class 4 felony and |
23 | | shall serve a minimum term of imprisonment of 30 days.
|
24 | | (c-5) Any person convicted of a second violation of this
|
25 | | Section is guilty of a Class 2 felony, is not eligible for |
26 | | probation or conditional discharge, and shall serve a mandatory |
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1 | | term of
imprisonment, if: |
2 | | (1) the current violation occurred when the person's |
3 | | driver's license was suspended or revoked for a violation |
4 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
5 | | Code of 2012, relating
to the offense of reckless homicide, |
6 | | or a similar out-of-state offense; and |
7 | | (2) the prior conviction under this Section occurred |
8 | | while the person's driver's license was suspended or |
9 | | revoked for a violation of Section 9-3 of the Criminal Code |
10 | | of 1961 or the Criminal Code of 2012 relating to the |
11 | | offense of reckless homicide, or a similar out-of-state |
12 | | offense, or was suspended or revoked for a violation of |
13 | | Section 11-401 or 11-501 of this Code, a similar |
14 | | out-of-state offense, a similar provision of a local |
15 | | ordinance, or a statutory summary suspension or revocation |
16 | | under Section 11-501.1 of this Code.
|
17 | | (d) Any person convicted of a second violation of this
|
18 | | Section shall be guilty of a Class 4 felony and shall serve a |
19 | | minimum term of
imprisonment of 30 days or 300 hours of |
20 | | community service, as determined by the
court, if: |
21 | | (1) the current violation occurred when the person's |
22 | | driver's license was suspended or revoked for a violation |
23 | | of Section 11-401 or 11-501 of this Code,
a similar |
24 | | out-of-state offense, a similar provision of a local
|
25 | | ordinance, or a
statutory summary suspension or revocation |
26 | | under Section 11-501.1 of this Code; and |
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1 | | (2) the prior conviction under this Section occurred |
2 | | while the person's driver's license was suspended or |
3 | | revoked for a violation of Section 11-401 or 11-501 of this |
4 | | Code, a similar out-of-state offense, a similar provision |
5 | | of a local ordinance, or a statutory summary suspension or |
6 | | revocation under Section 11-501.1 of this Code, or for a |
7 | | violation of Section 9-3 of the Criminal Code of 1961 or |
8 | | the Criminal Code of 2012, relating to the offense of |
9 | | reckless homicide, or a similar out-of-state offense.
|
10 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and |
11 | | (d-3), any
person convicted of
a third or subsequent violation |
12 | | of this Section shall serve a minimum term of
imprisonment of |
13 | | 30 days or 300 hours of community service, as determined by the
|
14 | | court.
|
15 | | (d-2) Any person convicted of a third violation of this
|
16 | | Section is guilty of a Class 4 felony and must serve a minimum |
17 | | term of
imprisonment of 30 days, if: |
18 | | (1) the current violation occurred when the person's |
19 | | driver's license was suspended or revoked for a violation |
20 | | of Section 11-401 or 11-501 of this Code,
or a similar |
21 | | out-of-state offense, or a similar provision of a local
|
22 | | ordinance, or a
statutory summary suspension or revocation |
23 | | under Section 11-501.1 of this Code; and |
24 | | (2) the prior convictions under this Section occurred |
25 | | while the person's driver's license was suspended or |
26 | | revoked for a violation of Section 11-401 or 11-501 of this |
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1 | | Code, a similar out-of-state offense, a similar provision |
2 | | of a local ordinance, or a statutory summary suspension or |
3 | | revocation under Section 11-501.1 of this Code, or for a |
4 | | violation of Section 9-3 of the Criminal Code of 1961 or |
5 | | the Criminal Code of 2012, relating to the offense of |
6 | | reckless homicide, or a similar out-of-state offense.
|
7 | | (d-2.5) Any person convicted of a third violation of this
|
8 | | Section is guilty of a Class 1 felony, is not eligible for |
9 | | probation or conditional discharge, and must serve a mandatory |
10 | | term of
imprisonment, if: |
11 | | (1) the current violation occurred while the person's |
12 | | driver's license was suspended or revoked for a violation |
13 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
14 | | Code of 2012, relating to the offense of reckless homicide, |
15 | | or a similar out-of-state offense.
The person's driving |
16 | | privileges shall be revoked for the remainder of the |
17 | | person's life; and |
18 | | (2) the prior convictions under this Section occurred |
19 | | while the person's driver's license was suspended or |
20 | | revoked for a violation of Section 9-3 of the Criminal Code |
21 | | of 1961 or the Criminal Code of 2012, relating to the |
22 | | offense of reckless homicide, or a similar out-of-state |
23 | | offense, or was suspended or revoked for a violation of |
24 | | Section 11-401 or 11-501 of this Code, a similar |
25 | | out-of-state offense, a similar provision of a local |
26 | | ordinance, or a statutory summary suspension or revocation |
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1 | | under Section 11-501.1 of this Code. |
2 | | (d-3) Any person convicted of a fourth, fifth, sixth, |
3 | | seventh, eighth, or ninth violation of this
Section is guilty |
4 | | of a Class 4 felony and must serve a minimum term of
|
5 | | imprisonment of 180 days, if: |
6 | | (1) the current violation occurred when the person's |
7 | | driver's license was suspended or revoked for a
violation |
8 | | of Section 11-401 or 11-501 of this Code, a similar |
9 | | out-of-state
offense, a similar provision of a local |
10 | | ordinance, or a statutory
summary suspension or revocation |
11 | | under Section 11-501.1 of this Code; and |
12 | | (2) the prior convictions under this Section occurred |
13 | | while the person's driver's license was suspended or |
14 | | revoked for a violation of Section 11-401 or 11-501 of this |
15 | | Code, a similar out-of-state offense, a similar provision |
16 | | of a local ordinance, or a statutory summary suspension or |
17 | | revocation under Section 11-501.1 of this Code, or for a |
18 | | violation of Section 9-3 of the Criminal Code of 1961 or |
19 | | the Criminal Code of 2012, relating to the offense of |
20 | | reckless homicide, or a similar out-of-state offense.
|
21 | | (d-3.5) Any person convicted of a fourth or subsequent |
22 | | violation of this
Section is guilty of a Class 1 felony, is not |
23 | | eligible for probation or conditional discharge, and must serve |
24 | | a mandatory term of
imprisonment, and is eligible for an |
25 | | extended term, if: |
26 | | (1) the current violation occurred when the person's |
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1 | | driver's license was suspended or revoked for a
violation |
2 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
3 | | Code of 2012, relating to the offense of reckless homicide, |
4 | | or a similar out-of-state offense; and |
5 | | (2) the prior convictions under this Section occurred |
6 | | while the person's driver's license was suspended or |
7 | | revoked for a violation of Section 9-3 of the Criminal Code |
8 | | of 1961 or the Criminal Code of 2012, relating to the |
9 | | offense of reckless homicide, or a similar out-of-state |
10 | | offense, or was suspended or revoked for a violation of |
11 | | Section 11-401 or 11-501 of this Code, a similar |
12 | | out-of-state offense, a similar provision of a local |
13 | | ordinance, or a statutory summary suspension or revocation |
14 | | under Section 11-501.1 of this Code.
|
15 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, |
16 | | thirteenth, or fourteenth violation of this Section is guilty |
17 | | of a Class 3 felony, and is not eligible for probation or |
18 | | conditional discharge, if: |
19 | | (1) the current violation occurred when the person's |
20 | | driver's license was suspended or revoked for a violation |
21 | | of Section 11-401 or 11-501 of this Code, or a similar |
22 | | out-of-state offense, or a similar provision of a local |
23 | | ordinance, or a statutory summary suspension or revocation |
24 | | under Section 11-501.1 of this Code; and |
25 | | (2) the prior convictions under this Section occurred |
26 | | while the person's driver's license was suspended or |
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1 | | revoked for a violation of Section 11-401 or 11-501 of this |
2 | | Code, a similar out-of-state offense, a similar provision |
3 | | of a local ordinance, or a statutory suspension or |
4 | | revocation under Section 11-501.1 of this Code, or for a |
5 | | violation of Section 9-3 of the Criminal Code of 1961 or |
6 | | the Criminal Code of 2012, relating to the offense of |
7 | | reckless homicide, or a similar out-of-state offense. |
8 | | (d-5) Any person convicted of a fifteenth or subsequent |
9 | | violation of this Section is guilty of a Class 2 felony, and is |
10 | | not eligible for probation or conditional discharge, if: |
11 | | (1) the current violation occurred when the person's |
12 | | driver's license was suspended or revoked for a violation |
13 | | of Section 11-401 or 11-501 of this Code, or a similar |
14 | | out-of-state offense, or a similar provision of a local |
15 | | ordinance, or a statutory summary suspension or revocation |
16 | | under Section 11-501.1 of this Code; and |
17 | | (2) the prior convictions under this Section occurred |
18 | | while the person's driver's license was suspended or |
19 | | revoked for a violation of Section 11-401 or 11-501 of this |
20 | | Code, a similar out-of-state offense, a similar provision |
21 | | of a local ordinance, or a statutory summary suspension or |
22 | | revocation under Section 11-501.1 of this Code, or for a |
23 | | violation of Section 9-3 of the Criminal Code of 1961 or |
24 | | the Criminal Code of 2012, relating to the offense of |
25 | | reckless homicide, or a similar out-of-state offense.
|
26 | | (e) Any person in violation of this Section who is also in |
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| | HB4206 | - 50 - | LRB098 15145 MLW 50121 b |
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1 | | violation of
Section 7-601 of this Code relating to mandatory |
2 | | insurance requirements, in
addition to other penalties imposed |
3 | | under this Section, shall have his or her
motor vehicle |
4 | | immediately impounded by the arresting law enforcement |
5 | | officer.
The motor vehicle may be released to any licensed |
6 | | driver upon a showing of
proof of insurance for the vehicle |
7 | | that was impounded and the notarized written
consent for the |
8 | | release by the vehicle owner.
|
9 | | (f) For any prosecution under this Section, a certified |
10 | | copy of the
driving abstract of the defendant shall be admitted |
11 | | as proof of any prior
conviction.
|
12 | | (g) The motor vehicle used in a violation of this Section |
13 | | is subject
to seizure and forfeiture as provided in Sections |
14 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's |
15 | | driving privilege was revoked
or suspended as a result of: |
16 | | (1) a violation of Section 11-501 of this Code, a |
17 | | similar provision
of a local ordinance, or a similar |
18 | | provision of a law of another state; |
19 | | (2) a violation of paragraph (b) of Section 11-401 of |
20 | | this Code, a
similar provision of a local ordinance, or a |
21 | | similar provision of a law of another state; |
22 | | (3) a statutory summary suspension or revocation under |
23 | | Section 11-501.1 of this
Code or a similar provision of a |
24 | | law of another state; or |
25 | | (4) a violation of Section 9-3 of the Criminal Code of |
26 | | 1961 or the Criminal Code of 2012 relating to the offense |