HB4795 EngrossedLRB098 13314 MLW 47834 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-206 and adding Section 11-503.1 as follows:
 
6    (625 ILCS 5/6-206)
7    Sec. 6-206. Discretionary authority to suspend or revoke
8license or permit; Right to a hearing.
9    (a) The Secretary of State is authorized to suspend or
10revoke the driving privileges of any person without preliminary
11hearing upon a showing of the person's records or other
12sufficient evidence that the person:
13        1. Has committed an offense for which mandatory
14    revocation of a driver's license or permit is required upon
15    conviction;
16        2. Has been convicted of not less than 3 offenses
17    against traffic regulations governing the movement of
18    vehicles committed within any 12 month period. Offenses
19    against traffic regulations governing the movement of
20    vehicles do not include a conviction of Section 11-503.1 of
21    this Code or a similar provision of a local ordinance. No
22    revocation or suspension shall be entered more than 6
23    months after the date of last conviction;

 

 

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

 

 

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

 

 

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1    invalid under the provisions of Sections 6-107.1 and 6-110;
2        14. Has committed a violation of Section 6-301,
3    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
4    of the Illinois Identification Card Act;
5        15. Has been convicted of violating Section 21-2 of the
6    Criminal Code of 1961 or the Criminal Code of 2012 relating
7    to criminal trespass to vehicles in which case, the
8    suspension shall be for one year;
9        16. Has been convicted of violating Section 11-204 of
10    this Code relating to fleeing from a peace officer;
11        17. Has refused to submit to a test, or tests, as
12    required under Section 11-501.1 of this Code and the person
13    has not sought a hearing as provided for in Section
14    11-501.1;
15        18. Has, since issuance of a driver's license or
16    permit, been adjudged to be afflicted with or suffering
17    from any mental disability or disease;
18        19. Has committed a violation of paragraph (a) or (b)
19    of Section 6-101 relating to driving without a driver's
20    license;
21        20. Has been convicted of violating Section 6-104
22    relating to classification of driver's license;
23        21. Has been convicted of violating Section 11-402 of
24    this Code relating to leaving the scene of an accident
25    resulting in damage to a vehicle in excess of $1,000, in
26    which case the suspension shall be for one year;

 

 

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1        22. Has used a motor vehicle in violating paragraph
2    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
3    the Criminal Code of 1961 or the Criminal Code of 2012
4    relating to unlawful use of weapons, in which case the
5    suspension shall be for one year;
6        23. Has, as a driver, been convicted of committing a
7    violation of paragraph (a) of Section 11-502 of this Code
8    for a second or subsequent time within one year of a
9    similar violation;
10        24. Has been convicted by a court-martial or punished
11    by non-judicial punishment by military authorities of the
12    United States at a military installation in Illinois of or
13    for a traffic related offense that is the same as or
14    similar to an offense specified under Section 6-205 or
15    6-206 of this Code;
16        25. Has permitted any form of identification to be used
17    by another in the application process in order to obtain or
18    attempt to obtain a license, identification card, or
19    permit;
20        26. Has altered or attempted to alter a license or has
21    possessed an altered license, identification card, or
22    permit;
23        27. Has violated Section 6-16 of the Liquor Control Act
24    of 1934;
25        28. Has been convicted for a first time of the illegal
26    possession, while operating or in actual physical control,

 

 

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1    as a driver, of a motor vehicle, of any controlled
2    substance prohibited under the Illinois Controlled
3    Substances Act, any cannabis prohibited under the Cannabis
4    Control Act, or any methamphetamine prohibited under the
5    Methamphetamine Control and Community Protection Act, in
6    which case the person's driving privileges shall be
7    suspended for one year. Any defendant found guilty of this
8    offense while operating a motor vehicle, shall have an
9    entry made in the court record by the presiding judge that
10    this offense did occur while the defendant was operating a
11    motor vehicle and order the clerk of the court to report
12    the violation to the Secretary of State;
13        29. Has been convicted of the following offenses that
14    were committed while the person was operating or in actual
15    physical control, as a driver, of a motor vehicle: criminal
16    sexual assault, predatory criminal sexual assault of a
17    child, aggravated criminal sexual assault, criminal sexual
18    abuse, aggravated criminal sexual abuse, juvenile pimping,
19    soliciting for a juvenile prostitute, promoting juvenile
20    prostitution as described in subdivision (a)(1), (a)(2),
21    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
22    or the Criminal Code of 2012, and the manufacture, sale or
23    delivery of controlled substances or instruments used for
24    illegal drug use or abuse in which case the driver's
25    driving privileges shall be suspended for one year;
26        30. Has been convicted a second or subsequent time for

 

 

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1    any combination of the offenses named in paragraph 29 of
2    this subsection, in which case the person's driving
3    privileges shall be suspended for 5 years;
4        31. Has refused to submit to a test as required by
5    Section 11-501.6 of this Code or Section 5-16c of the Boat
6    Registration and Safety Act or has submitted to a test
7    resulting in an alcohol concentration of 0.08 or more or
8    any amount of a drug, substance, or compound resulting from
9    the unlawful use or consumption of cannabis as listed in
10    the Cannabis Control Act, a controlled substance as listed
11    in the Illinois Controlled Substances Act, an intoxicating
12    compound as listed in the Use of Intoxicating Compounds
13    Act, or methamphetamine as listed in the Methamphetamine
14    Control and Community Protection Act, in which case the
15    penalty shall be as prescribed in Section 6-208.1;
16        32. Has been convicted of Section 24-1.2 of the
17    Criminal Code of 1961 or the Criminal Code of 2012 relating
18    to the aggravated discharge of a firearm if the offender
19    was located in a motor vehicle at the time the firearm was
20    discharged, in which case the suspension shall be for 3
21    years;
22        33. Has as a driver, who was less than 21 years of age
23    on the date of the offense, been convicted a first time of
24    a violation of paragraph (a) of Section 11-502 of this Code
25    or a similar provision of a local ordinance;
26        34. Has committed a violation of Section 11-1301.5 of

 

 

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1    this Code or a similar provision of a local ordinance;
2        35. Has committed a violation of Section 11-1301.6 of
3    this Code or a similar provision of a local ordinance;
4        36. Is under the age of 21 years at the time of arrest
5    and has been convicted of not less than 2 offenses against
6    traffic regulations governing the movement of vehicles
7    committed within any 24 month period. No revocation or
8    suspension shall be entered more than 6 months after the
9    date of last conviction;
10        37. Has committed a violation of subsection (c) of
11    Section 11-907 of this Code that resulted in damage to the
12    property of another or the death or injury of another;
13        38. Has been convicted of a violation of Section 6-20
14    of the Liquor Control Act of 1934 or a similar provision of
15    a local ordinance;
16        39. Has committed a second or subsequent violation of
17    Section 11-1201 of this Code;
18        40. Has committed a violation of subsection (a-1) of
19    Section 11-908 of this Code;
20        41. Has committed a second or subsequent violation of
21    Section 11-605.1 of this Code, a similar provision of a
22    local ordinance, or a similar violation in any other state
23    within 2 years of the date of the previous violation, in
24    which case the suspension shall be for 90 days;
25        42. Has committed a violation of subsection (a-1) of
26    Section 11-1301.3 of this Code or a similar provision of a

 

 

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1    local ordinance;
2        43. Has received a disposition of court supervision for
3    a violation of subsection (a), (d), or (e) of Section 6-20
4    of the Liquor Control Act of 1934 or a similar provision of
5    a local ordinance, in which case the suspension shall be
6    for a period of 3 months;
7        44. Is under the age of 21 years at the time of arrest
8    and has been convicted of an offense against traffic
9    regulations governing the movement of vehicles after
10    having previously had his or her driving privileges
11    suspended or revoked pursuant to subparagraph 36 of this
12    Section;
13        45. Has, in connection with or during the course of a
14    formal hearing conducted under Section 2-118 of this Code:
15    (i) committed perjury; (ii) submitted fraudulent or
16    falsified documents; (iii) submitted documents that have
17    been materially altered; or (iv) submitted, as his or her
18    own, documents that were in fact prepared or composed for
19    another person;
20        46. Has committed a violation of subsection (j) of
21    Section 3-413 of this Code; or
22        47. Has committed a violation of Section 11-502.1 of
23    this Code.
24    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
25and 27 of this subsection, license means any driver's license,
26any traffic ticket issued when the person's driver's license is

 

 

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

 

 

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1    which occurred while operating a commercial vehicle in
2    connection with the driver's regular occupation. All other
3    driving privileges shall be suspended by the Secretary of
4    State. Any driver prior to operating a vehicle for
5    occupational purposes only must submit the affidavit on
6    forms to be provided by the Secretary of State setting
7    forth the facts of the person's occupation. The affidavit
8    shall also state the number of offenses committed while
9    operating a vehicle in connection with the driver's regular
10    occupation. The affidavit shall be accompanied by the
11    driver's license. Upon receipt of a properly completed
12    affidavit, the Secretary of State shall issue the driver a
13    permit to operate a vehicle in connection with the driver's
14    regular occupation only. Unless the permit is issued by the
15    Secretary of State prior to the date of suspension, the
16    privilege to drive any motor vehicle shall be suspended as
17    set forth in the notice that was mailed under this Section.
18    If an affidavit is received subsequent to the effective
19    date of this suspension, a permit may be issued for the
20    remainder of the suspension period.
21        The provisions of this subparagraph shall not apply to
22    any driver required to possess a CDL for the purpose of
23    operating a commercial motor vehicle.
24        Any person who falsely states any fact in the affidavit
25    required herein shall be guilty of perjury under Section
26    6-302 and upon conviction thereof shall have all driving

 

 

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

 

 

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

 

 

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1            Criminal Code of 2012, where the use of alcohol or
2            other drugs is recited as an element of the
3            offense, or a similar out-of-state offense; or
4                (ii) a statutory summary suspension or
5            revocation under Section 11-501.1; or
6                (iii) a suspension under Section 6-203.1;
7        arising out of separate occurrences; that person, if
8        issued a restricted driving permit, may not operate a
9        vehicle unless it has been equipped with an ignition
10        interlock device as defined in Section 1-129.1.
11            (C) The person issued a permit conditioned upon the
12        use of an ignition interlock device must pay to the
13        Secretary of State DUI Administration Fund an amount
14        not to exceed $30 per month. The Secretary shall
15        establish by rule the amount and the procedures, terms,
16        and conditions relating to these fees.
17            (D) If the restricted driving permit is issued for
18        employment purposes, then the prohibition against
19        operating a motor vehicle that is not equipped with an
20        ignition interlock device does not apply to the
21        operation of an occupational vehicle owned or leased by
22        that person's employer when used solely for employment
23        purposes.
24            (E) In each case the Secretary may issue a
25        restricted driving permit for a period deemed
26        appropriate, except that all permits shall expire

 

 

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1        within one year from the date of issuance. The
2        Secretary may not, however, issue a restricted driving
3        permit to any person whose current revocation is the
4        result of a second or subsequent conviction for a
5        violation of Section 11-501 of this Code or a similar
6        provision of a local ordinance or any similar
7        out-of-state offense, or Section 9-3 of the Criminal
8        Code of 1961 or the Criminal Code of 2012, where the
9        use of alcohol or other drugs is recited as an element
10        of the offense, or any similar out-of-state offense, or
11        any combination of those offenses, until the
12        expiration of at least one year from the date of the
13        revocation. A restricted driving permit issued under
14        this Section shall be subject to cancellation,
15        revocation, and suspension by the Secretary of State in
16        like manner and for like cause as a driver's license
17        issued under this Code may be cancelled, revoked, or
18        suspended; except that a conviction upon one or more
19        offenses against laws or ordinances regulating the
20        movement of traffic shall be deemed sufficient cause
21        for the revocation, suspension, or cancellation of a
22        restricted driving permit. The Secretary of State may,
23        as a condition to the issuance of a restricted driving
24        permit, require the applicant to participate in a
25        designated driver remedial or rehabilitative program.
26        The Secretary of State is authorized to cancel a

 

 

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

 

 

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1retested under Section 6-109 of this Code.
2    (d) This Section is subject to the provisions of the
3Drivers License Compact.
4    (e) The Secretary of State shall not issue a restricted
5driving permit to a person under the age of 16 years whose
6driving privileges have been suspended or revoked under any
7provisions of this Code.
8    (f) In accordance with 49 C.F.R. 384, the Secretary of
9State may not issue a restricted driving permit for the
10operation of a commercial motor vehicle to a person holding a
11CDL whose driving privileges have been suspended, revoked,
12cancelled, or disqualified under any provisions of this Code.
13(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
1497-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
1597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
161-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)
 
17    (625 ILCS 5/11-503.1 new)
18    Sec. 11-503.1. Negligent driving.
19    (a) For purposes of this Section, a person is negligent, or
20acts negligently, when that person fails to be aware of a
21substantial and unjustifiable risk that circumstances exist or
22a result will follow and that failure constitutes a substantial
23deviation from the standard of care that a reasonable person
24would exercise in the situation.
25    (b) A person commits negligent driving if he or she

 

 

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1operates a motor vehicle negligently and without due caution in
2a manner which endangers or is likely to endanger a person or
3property.
4    (c) A violation of this Section shall be a petty offense
5and subject to a fine not to exceed $25.