Rep. John M. Cabello

Filed: 3/26/2014

 

 


 

 


 
09800HB4795ham001LRB098 13314 MLW 57297 a

1
AMENDMENT TO HOUSE BILL 4795

2    AMENDMENT NO. ______. Amend House Bill 4795 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 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

 

 

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1    against traffic regulations governing the movement of
2    vehicles committed within any 12 month period. Offenses
3    against traffic regulations governing the movement of
4    vehicles do not include a conviction of Section 11-503.1 of
5    this Code or a similar provision of a local ordinance. No
6    revocation or suspension shall be entered more than 6
7    months after the date of last conviction;
8        3. Has been repeatedly involved as a driver in motor
9    vehicle collisions or has been repeatedly convicted of
10    offenses against laws and ordinances regulating the
11    movement of traffic, to a degree that indicates lack of
12    ability to exercise ordinary and reasonable care in the
13    safe operation of a motor vehicle or disrespect for the
14    traffic laws and the safety of other persons upon the
15    highway;
16        4. Has by the unlawful operation of a motor vehicle
17    caused or contributed to an accident resulting in injury
18    requiring immediate professional treatment in a medical
19    facility or doctor's office to any person, except that any
20    suspension or revocation imposed by the Secretary of State
21    under the provisions of this subsection shall start no
22    later than 6 months after being convicted of violating a
23    law or ordinance regulating the movement of traffic, which
24    violation is related to the accident, or shall start not
25    more than one year after the date of the accident,
26    whichever date occurs later;

 

 

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

 

 

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1        12. Has submitted to any portion of the application
2    process for another person or has obtained the services of
3    another person to submit to any portion of the application
4    process for the purpose of obtaining a license,
5    identification card, or permit for some other person;
6        13. Has operated a motor vehicle upon a highway of this
7    State when the person's driver's license or permit was
8    invalid under the provisions of Sections 6-107.1 and 6-110;
9        14. Has committed a violation of Section 6-301,
10    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
11    of the Illinois Identification Card Act;
12        15. Has been convicted of violating Section 21-2 of the
13    Criminal Code of 1961 or the Criminal Code of 2012 relating
14    to criminal trespass to vehicles in which case, the
15    suspension shall be for one year;
16        16. Has been convicted of violating Section 11-204 of
17    this Code relating to fleeing from a peace officer;
18        17. Has refused to submit to a test, or tests, as
19    required under Section 11-501.1 of this Code and the person
20    has not sought a hearing as provided for in Section
21    11-501.1;
22        18. Has, since issuance of a driver's license or
23    permit, been adjudged to be afflicted with or suffering
24    from any mental disability or disease;
25        19. Has committed a violation of paragraph (a) or (b)
26    of Section 6-101 relating to driving without a driver's

 

 

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1    license;
2        20. Has been convicted of violating Section 6-104
3    relating to classification of driver's license;
4        21. Has been convicted of violating Section 11-402 of
5    this Code relating to leaving the scene of an accident
6    resulting in damage to a vehicle in excess of $1,000, in
7    which case the suspension shall be for one year;
8        22. Has used a motor vehicle in violating paragraph
9    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
10    the Criminal Code of 1961 or the Criminal Code of 2012
11    relating to unlawful use of weapons, in which case the
12    suspension shall be for one year;
13        23. Has, as a driver, been convicted of committing a
14    violation of paragraph (a) of Section 11-502 of this Code
15    for a second or subsequent time within one year of a
16    similar violation;
17        24. Has been convicted by a court-martial or punished
18    by non-judicial punishment by military authorities of the
19    United States at a military installation in Illinois of or
20    for a traffic related offense that is the same as or
21    similar to an offense specified under Section 6-205 or
22    6-206 of this Code;
23        25. Has permitted any form of identification to be used
24    by another in the application process in order to obtain or
25    attempt to obtain a license, identification card, or
26    permit;

 

 

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1        26. Has altered or attempted to alter a license or has
2    possessed an altered license, identification card, or
3    permit;
4        27. Has violated Section 6-16 of the Liquor Control Act
5    of 1934;
6        28. Has been convicted for a first time of the illegal
7    possession, while operating or in actual physical control,
8    as a driver, of a motor vehicle, of any controlled
9    substance prohibited under the Illinois Controlled
10    Substances Act, any cannabis prohibited under the Cannabis
11    Control Act, or any methamphetamine prohibited under the
12    Methamphetamine Control and Community Protection Act, in
13    which case the person's driving privileges shall be
14    suspended for one year. Any defendant found guilty of this
15    offense while operating a motor vehicle, shall have an
16    entry made in the court record by the presiding judge that
17    this offense did occur while the defendant was operating a
18    motor vehicle and order the clerk of the court to report
19    the violation to the Secretary of State;
20        29. Has been convicted of the following offenses that
21    were committed while the person was operating or in actual
22    physical control, as a driver, of a motor vehicle: criminal
23    sexual assault, predatory criminal sexual assault of a
24    child, aggravated criminal sexual assault, criminal sexual
25    abuse, aggravated criminal sexual abuse, juvenile pimping,
26    soliciting for a juvenile prostitute, promoting juvenile

 

 

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1    prostitution as described in subdivision (a)(1), (a)(2),
2    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
3    or the Criminal Code of 2012, and the manufacture, sale or
4    delivery of controlled substances or instruments used for
5    illegal drug use or abuse in which case the driver's
6    driving privileges shall be suspended for one year;
7        30. Has been convicted a second or subsequent time for
8    any combination of the offenses named in paragraph 29 of
9    this subsection, in which case the person's driving
10    privileges shall be suspended for 5 years;
11        31. Has refused to submit to a test as required by
12    Section 11-501.6 of this Code or Section 5-16c of the Boat
13    Registration and Safety Act or has submitted to a test
14    resulting in an alcohol concentration of 0.08 or more or
15    any amount of a drug, substance, or compound resulting from
16    the unlawful use or consumption of cannabis as listed in
17    the Cannabis Control Act, a controlled substance as listed
18    in the Illinois Controlled Substances Act, an intoxicating
19    compound as listed in the Use of Intoxicating Compounds
20    Act, or methamphetamine as listed in the Methamphetamine
21    Control and Community Protection Act, in which case the
22    penalty shall be as prescribed in Section 6-208.1;
23        32. Has been convicted of Section 24-1.2 of the
24    Criminal Code of 1961 or the Criminal Code of 2012 relating
25    to the aggravated discharge of a firearm if the offender
26    was located in a motor vehicle at the time the firearm was

 

 

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1    discharged, in which case the suspension shall be for 3
2    years;
3        33. Has as a driver, who was less than 21 years of age
4    on the date of the offense, been convicted a first time of
5    a violation of paragraph (a) of Section 11-502 of this Code
6    or a similar provision of a local ordinance;
7        34. Has committed a violation of Section 11-1301.5 of
8    this Code or a similar provision of a local ordinance;
9        35. Has committed a violation of Section 11-1301.6 of
10    this Code or a similar provision of a local ordinance;
11        36. Is under the age of 21 years at the time of arrest
12    and has been convicted of not less than 2 offenses against
13    traffic regulations governing the movement of vehicles
14    committed within any 24 month period. No revocation or
15    suspension shall be entered more than 6 months after the
16    date of last conviction;
17        37. Has committed a violation of subsection (c) of
18    Section 11-907 of this Code that resulted in damage to the
19    property of another or the death or injury of another;
20        38. Has been convicted of a violation of Section 6-20
21    of the Liquor Control Act of 1934 or a similar provision of
22    a local ordinance;
23        39. Has committed a second or subsequent violation of
24    Section 11-1201 of this Code;
25        40. Has committed a violation of subsection (a-1) of
26    Section 11-908 of this Code;

 

 

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

 

 

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1        46. Has committed a violation of subsection (j) of
2    Section 3-413 of this Code; or
3        47. Has committed a violation of Section 11-502.1 of
4    this Code.
5    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
6and 27 of this subsection, license means any driver's license,
7any traffic ticket issued when the person's driver's license is
8deposited in lieu of bail, a suspension notice issued by the
9Secretary of State, a duplicate or corrected driver's license,
10a probationary driver's license or a temporary driver's
11license.
12    (b) If any conviction forming the basis of a suspension or
13revocation authorized under this Section is appealed, the
14Secretary of State may rescind or withhold the entry of the
15order of suspension or revocation, as the case may be, provided
16that a certified copy of a stay order of a court is filed with
17the Secretary of State. If the conviction is affirmed on
18appeal, the date of the conviction shall relate back to the
19time the original judgment of conviction was entered and the 6
20month limitation prescribed shall not apply.
21    (c) 1. Upon suspending or revoking the driver's license or
22permit of any person as authorized in this Section, the
23Secretary of State shall immediately notify the person in
24writing of the revocation or suspension. The notice to be
25deposited in the United States mail, postage prepaid, to the
26last known address of the person.

 

 

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

 

 

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

 

 

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1    licensed service provider, or to allow the petitioner to
2    transport himself or herself or a family member of the
3    petitioner's household to classes, as a student, at an
4    accredited educational institution, or to allow the
5    petitioner to transport children, elderly persons, or
6    disabled persons who do not hold driving privileges and are
7    living in the petitioner's household to and from daycare.
8    The petitioner must demonstrate that no alternative means
9    of transportation is reasonably available and that the
10    petitioner will not endanger the public safety or welfare.
11    Those multiple offenders identified in subdivision (b)4 of
12    Section 6-208 of this Code, however, shall not be eligible
13    for the issuance of a restricted driving permit.
14             (A) If a person's license or permit is revoked or
15        suspended due to 2 or more convictions of violating
16        Section 11-501 of this Code or a similar provision of a
17        local ordinance or a similar out-of-state offense, or
18        Section 9-3 of the Criminal Code of 1961 or the
19        Criminal Code of 2012, where the use of alcohol or
20        other drugs is recited as an element of the offense, or
21        a similar out-of-state offense, or a combination of
22        these offenses, arising out of separate occurrences,
23        that person, if issued a restricted driving permit, may
24        not operate a vehicle unless it has been equipped with
25        an ignition interlock device as defined in Section
26        1-129.1.

 

 

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1            (B) If a person's license or permit is revoked or
2        suspended 2 or more times within a 10 year period due
3        to any combination of:
4                (i) a single conviction of violating Section
5            11-501 of this Code or a similar provision of a
6            local ordinance or a similar out-of-state offense
7            or Section 9-3 of the Criminal Code of 1961 or the
8            Criminal Code of 2012, where the use of alcohol or
9            other drugs is recited as an element of the
10            offense, or a similar out-of-state offense; or
11                (ii) a statutory summary suspension or
12            revocation under Section 11-501.1; or
13                (iii) a suspension under Section 6-203.1;
14        arising out of separate occurrences; that person, if
15        issued a restricted driving permit, may not operate a
16        vehicle unless it has been equipped with an ignition
17        interlock device as defined in Section 1-129.1.
18            (C) The person issued a permit conditioned upon the
19        use of an ignition interlock device must pay to the
20        Secretary of State DUI Administration Fund an amount
21        not to exceed $30 per month. The Secretary shall
22        establish by rule the amount and the procedures, terms,
23        and conditions relating to these fees.
24            (D) If the restricted driving permit is issued for
25        employment purposes, then the prohibition against
26        operating a motor vehicle that is not equipped with an

 

 

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1        ignition interlock device does not apply to the
2        operation of an occupational vehicle owned or leased by
3        that person's employer when used solely for employment
4        purposes.
5            (E) In each case the Secretary may issue a
6        restricted driving permit for a period deemed
7        appropriate, except that all permits shall expire
8        within one year from the date of issuance. The
9        Secretary may not, however, issue a restricted driving
10        permit to any person whose current revocation is the
11        result of a second or subsequent conviction for a
12        violation of Section 11-501 of this Code or a similar
13        provision of a local ordinance or any similar
14        out-of-state offense, or Section 9-3 of the Criminal
15        Code of 1961 or the Criminal Code of 2012, where the
16        use of alcohol or other drugs is recited as an element
17        of the offense, or any similar out-of-state offense, or
18        any combination of those offenses, until the
19        expiration of at least one year from the date of the
20        revocation. A restricted driving permit issued under
21        this Section shall be subject to cancellation,
22        revocation, and suspension by the Secretary of State in
23        like manner and for like cause as a driver's license
24        issued under this Code may be cancelled, revoked, or
25        suspended; except that a conviction upon one or more
26        offenses against laws or ordinances regulating the

 

 

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

 

 

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1the notice.
2    (c-5) The Secretary of State may, as a condition of the
3reissuance of a driver's license or permit to an applicant
4whose driver's license or permit has been suspended before he
5or she reached the age of 21 years pursuant to any of the
6provisions of this Section, require the applicant to
7participate in a driver remedial education course and be
8retested under Section 6-109 of this Code.
9    (d) This Section is subject to the provisions of the
10Drivers License Compact.
11    (e) The Secretary of State shall not issue a restricted
12driving permit to a person under the age of 16 years whose
13driving privileges have been suspended or revoked under any
14provisions of this Code.
15    (f) In accordance with 49 C.F.R. 384, the Secretary of
16State may not issue a restricted driving permit for the
17operation of a commercial motor vehicle to a person holding a
18CDL whose driving privileges have been suspended, revoked,
19cancelled, or disqualified under any provisions of this Code.
20(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
2197-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
2297-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
231-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)".
 
24    (625 ILCS 5/11-503.1 new)
25    Sec. 11-503.1. Negligent driving.

 

 

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1    (a) For purposes of this Section, a person is negligent, or
2acts negligently, when that person fails to be aware of a
3substantial and unjustifiable risk that circumstances exist or
4a result will follow and that failure constitutes a substantial
5deviation from the standard of care that a reasonable person
6would exercise in the situation.
7    (b) A person commits negligent driving if he or she
8operates a motor vehicle negligently and without due caution in
9a manner which endangers or is likely to endanger a person or
10property.
11    (c) A violation of this Section shall be a petty offense
12and subject to a fine not to exceed $25.".