Full Text of HB2427 96th General Assembly
HB2427 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2427
Introduced 2/19/2009, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-206 |
from Ch. 95 1/2, par. 6-206 |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State may suspend the driving privileges of a person that violates or receives court supervision for certain provisions of the Liquor Control Act related to underage purchasing, consumption, and possession of alcoholic beverages for a second time, rather than for the first time.
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A BILL FOR
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HB2427 |
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LRB096 08874 AJT 19009 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 6-206 as follows:
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| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
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| Sec. 6-206. Discretionary authority to suspend or revoke | 8 |
| license or
permit; Right to a hearing.
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| (a) The Secretary of State is authorized to suspend or | 10 |
| revoke the
driving privileges of any person without preliminary | 11 |
| hearing upon a showing
of the person's records or other | 12 |
| sufficient evidence that
the person:
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| 1. Has committed an offense for which mandatory | 14 |
| revocation of
a driver's license or permit is required upon | 15 |
| conviction;
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| 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. No | 19 |
| revocation or suspension shall be entered more than
6 | 20 |
| months after the date of last conviction;
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| 3. Has been repeatedly involved as a driver in motor | 22 |
| vehicle
collisions or has been repeatedly convicted of | 23 |
| offenses against laws and
ordinances regulating the |
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LRB096 08874 AJT 19009 b |
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| movement of traffic, to a degree that
indicates lack of | 2 |
| ability to exercise ordinary and reasonable care in
the | 3 |
| safe operation of a motor vehicle or disrespect for the | 4 |
| traffic laws
and the safety of other persons upon the | 5 |
| highway;
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| 4. Has by the unlawful operation of a motor vehicle | 7 |
| caused or
contributed to an accident resulting in death or | 8 |
| injury requiring
immediate professional treatment in a | 9 |
| medical facility or doctor's office
to any person, except | 10 |
| that any suspension or revocation imposed by the
Secretary | 11 |
| of State under the provisions of this subsection shall | 12 |
| start no
later than 6 months after being convicted of | 13 |
| violating a law or
ordinance regulating the movement of | 14 |
| traffic, which violation is related
to the accident, or | 15 |
| shall start not more than one year
after
the date of the | 16 |
| accident, whichever date occurs later;
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| 5. Has permitted an unlawful or fraudulent use of a | 18 |
| driver's
license, identification card, or permit;
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| 6. Has been lawfully convicted of an offense or | 20 |
| offenses in another
state, including the authorization | 21 |
| contained in Section 6-203.1, which
if committed within | 22 |
| this State would be grounds for suspension or revocation;
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| 7. Has refused or failed to submit to an examination | 24 |
| provided for by
Section 6-207 or has failed to pass the | 25 |
| examination;
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| 8. Is ineligible for a driver's license or permit under |
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| the provisions
of Section 6-103;
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| 9. Has made a false statement or knowingly concealed a | 3 |
| material fact
or has used false information or | 4 |
| identification in any application for a
license, | 5 |
| identification card, or permit;
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| 10. Has possessed, displayed, or attempted to | 7 |
| fraudulently use any
license, identification card, or | 8 |
| permit not issued to the person;
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| 11. Has operated a motor vehicle upon a highway of this | 10 |
| State when
the person's driving privilege or privilege to | 11 |
| obtain a driver's license
or permit was revoked or | 12 |
| suspended unless the operation was authorized by
a | 13 |
| monitoring device driving permit, judicial driving permit | 14 |
| issued prior to January 1, 2009, probationary license to | 15 |
| drive, or a restricted
driving permit issued under this | 16 |
| Code;
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| 12. Has submitted to any portion of the application | 18 |
| process for
another person or has obtained the services of | 19 |
| another person to submit to
any portion of the application | 20 |
| process for the purpose of obtaining a
license, | 21 |
| identification card, or permit for some other person;
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| 13. Has operated a motor vehicle upon a highway of this | 23 |
| State when
the person's driver's license or permit was | 24 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
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| 14. Has committed a violation of Section 6-301, | 26 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
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| of the Illinois Identification Card
Act;
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| 15. Has been convicted of violating Section 21-2 of the | 3 |
| Criminal Code
of 1961 relating to criminal trespass to | 4 |
| vehicles in which case, the suspension
shall be for one | 5 |
| year;
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| 16. Has been convicted of violating Section 11-204 of | 7 |
| this Code relating
to fleeing from a peace officer;
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| 17. Has refused to submit to a test, or tests, as | 9 |
| required under Section
11-501.1 of this Code and the person | 10 |
| has not sought a hearing as
provided for in Section | 11 |
| 11-501.1;
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| 18. Has, since issuance of a driver's license or | 13 |
| permit, been adjudged
to be afflicted with or suffering | 14 |
| from any mental disability or disease;
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| 19. Has committed a violation of paragraph (a) or (b) | 16 |
| of Section 6-101
relating to driving without a driver's | 17 |
| license;
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| 20. Has been convicted of violating Section 6-104 | 19 |
| relating to
classification of driver's license;
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| 21. Has been convicted of violating Section 11-402 of
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| this Code relating to leaving the scene of an accident | 22 |
| resulting in damage
to a vehicle in excess of $1,000, in | 23 |
| which case the suspension shall be
for one year;
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| 22. Has used a motor vehicle in violating paragraph | 25 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 26 |
| the Criminal Code of 1961 relating
to unlawful use of |
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| weapons, in which case the suspension shall be for one
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| year;
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| 23. Has, as a driver, been convicted of committing a | 4 |
| violation of
paragraph (a) of Section 11-502 of this Code | 5 |
| for a second or subsequent
time within one year of a | 6 |
| similar violation;
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| 24. Has been convicted by a court-martial or punished | 8 |
| by non-judicial
punishment by military authorities of the | 9 |
| United States at a military
installation in Illinois of or | 10 |
| for a traffic related offense that is the
same as or | 11 |
| similar to an offense specified under Section 6-205 or | 12 |
| 6-206 of
this Code;
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| 25. Has permitted any form of identification to be used | 14 |
| by another in
the application process in order to obtain or | 15 |
| attempt to obtain a license,
identification card, or | 16 |
| permit;
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| 26. Has altered or attempted to alter a license or has | 18 |
| possessed an
altered license, identification card, or | 19 |
| permit;
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| 27. Has violated Section 6-16 of the Liquor Control Act | 21 |
| of 1934;
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| 28. Has been convicted of the illegal possession, while | 23 |
| operating or
in actual physical control, as a driver, of a | 24 |
| motor vehicle, of any
controlled substance prohibited | 25 |
| under the Illinois Controlled Substances
Act, any cannabis | 26 |
| prohibited under the Cannabis Control
Act, or any |
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| methamphetamine prohibited under the Methamphetamine | 2 |
| Control and Community Protection Act, in which case the | 3 |
| person's driving privileges shall be suspended for
one | 4 |
| year, and any driver who is convicted of a second or | 5 |
| subsequent
offense, within 5 years of a previous | 6 |
| conviction, for the illegal
possession, while operating or | 7 |
| in actual physical control, as a driver, of
a motor | 8 |
| vehicle, of any controlled substance prohibited under the | 9 |
| Illinois Controlled Substances Act, any cannabis
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| prohibited under the Cannabis Control Act, or any | 11 |
| methamphetamine prohibited under the Methamphetamine | 12 |
| Control and Community Protection Act shall be suspended for | 13 |
| 5 years.
Any defendant found guilty of this offense while | 14 |
| operating a motor vehicle,
shall have an entry made in the | 15 |
| court record by the presiding judge that
this offense did | 16 |
| occur while the defendant was operating a motor vehicle
and | 17 |
| order the clerk of the court to report the violation to the | 18 |
| Secretary
of State;
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| 29. Has been convicted of the following offenses that | 20 |
| were committed
while the person was operating or in actual | 21 |
| physical control, as a driver,
of a motor vehicle: criminal | 22 |
| sexual assault,
predatory criminal sexual assault of a | 23 |
| child,
aggravated criminal sexual
assault, criminal sexual | 24 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 25 |
| soliciting for a juvenile prostitute and the manufacture, | 26 |
| sale or
delivery of controlled substances or instruments |
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| used for illegal drug use
or abuse in which case the | 2 |
| driver's driving privileges shall be suspended
for one | 3 |
| year;
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| 30. Has been convicted a second or subsequent time for | 5 |
| any
combination of the offenses named in paragraph 29 of | 6 |
| this subsection,
in which case the person's driving | 7 |
| privileges shall be suspended for 5
years;
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| 31. Has refused to submit to a test as
required by | 9 |
| Section 11-501.6 or has submitted to a test resulting in
an | 10 |
| alcohol concentration of 0.08 or more or any amount of a | 11 |
| drug, substance, or
compound resulting from the unlawful | 12 |
| use or consumption of cannabis as listed
in the Cannabis | 13 |
| Control Act, a controlled substance as listed in the | 14 |
| Illinois
Controlled Substances Act, an intoxicating | 15 |
| compound as listed in the Use of
Intoxicating Compounds | 16 |
| Act, or methamphetamine as listed in the Methamphetamine | 17 |
| Control and Community Protection Act, in which case the | 18 |
| penalty shall be
as prescribed in Section 6-208.1;
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| 32. Has been convicted of Section 24-1.2 of the | 20 |
| Criminal Code of
1961 relating to the aggravated discharge | 21 |
| of a firearm if the offender was
located in a motor vehicle | 22 |
| at the time the firearm was discharged, in which
case the | 23 |
| suspension shall be for 3 years;
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| 33. Has as a driver, who was less than 21 years of age | 25 |
| on the date of
the offense, been convicted a first time of | 26 |
| a violation of paragraph (a) of
Section 11-502 of this Code |
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| or a similar provision of a local ordinance;
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| 34. Has committed a violation of Section 11-1301.5 of | 3 |
| this Code;
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| 35. Has committed a violation of Section 11-1301.6 of | 5 |
| this Code;
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| 36. Is under the age of 21 years at the time of arrest | 7 |
| and has been
convicted of not less than 2 offenses against | 8 |
| traffic regulations governing
the movement of vehicles | 9 |
| committed within any 24 month period. No revocation
or | 10 |
| suspension shall be entered more than 6 months after the | 11 |
| date of last
conviction;
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| 37. Has committed a violation of subsection (c) of | 13 |
| Section 11-907 of this
Code that resulted in damage to the | 14 |
| property of another or the death or injury of another;
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| 38. Has been convicted of a violation of subsection (b) | 16 |
| or (c) of Section 6-20 of the Liquor
Control Act of 1934 or | 17 |
| a similar provision of a local ordinance;
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| 39. Has committed a second or subsequent violation of | 19 |
| Section
11-1201 of this Code;
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| 40. Has committed a violation of subsection (a-1) of | 21 |
| Section 11-908 of
this Code; | 22 |
| 41. Has committed a second or subsequent violation of | 23 |
| Section 11-605.1 of this Code within 2 years of the date of | 24 |
| the previous violation, in which case the suspension shall | 25 |
| be for 90 days; | 26 |
| 42. Has committed a violation of subsection (a-1) of |
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| Section 11-1301.3 of this Code;
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| 43. Has committed a second or subsequent violation of | 3 |
| subsection (a), (d), or (e) of Section 6-20 of the Liquor | 4 |
| Control Act of 1934 or a similar provision of a local | 5 |
| ordinance or received a disposition of court supervision | 6 |
| for a violation of subsection (a), (d), or (e) of Section | 7 |
| 6-20 of the Liquor
Control Act of 1934 or a similar | 8 |
| provision of a local ordinance for a second or subsequent | 9 |
| time , in which case the suspension shall be for a period of | 10 |
| 3 months;
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| 44.
Is under the age of 21 years at the time of arrest | 12 |
| and has been convicted of an offense against traffic | 13 |
| regulations governing the movement of vehicles after | 14 |
| having previously had his or her driving privileges
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| suspended or revoked pursuant to subparagraph 36 of this | 16 |
| Section; or | 17 |
| 45.
Has, in connection with or during the course of a | 18 |
| formal hearing conducted under Section 2-118 of this Code: | 19 |
| (i) committed perjury; (ii) submitted fraudulent or | 20 |
| falsified documents; (iii) submitted documents that have | 21 |
| been materially altered; or (iv) submitted, as his or her | 22 |
| own, documents that were in fact prepared or composed for | 23 |
| another person.
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| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 25 |
| and 27 of this
subsection, license means any driver's license, | 26 |
| any traffic ticket issued when
the person's driver's license is |
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| deposited in lieu of bail, a suspension
notice issued by the | 2 |
| Secretary of State, a duplicate or corrected driver's
license, | 3 |
| a probationary driver's license or a temporary driver's | 4 |
| license.
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| (b) If any conviction forming the basis of a suspension or
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| revocation authorized under this Section is appealed, the
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| Secretary of State may rescind or withhold the entry of the | 8 |
| order of suspension
or revocation, as the case may be, provided | 9 |
| that a certified copy of a stay
order of a court is filed with | 10 |
| the Secretary of State. If the conviction is
affirmed on | 11 |
| appeal, the date of the conviction shall relate back to the | 12 |
| time
the original judgment of conviction was entered and the 6 | 13 |
| month limitation
prescribed shall not apply.
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| (c) 1. Upon suspending or revoking the driver's license or | 15 |
| permit of
any person as authorized in this Section, the | 16 |
| Secretary of State shall
immediately notify the person in | 17 |
| writing of the revocation or suspension.
The notice to be | 18 |
| deposited in the United States mail, postage prepaid,
to the | 19 |
| last known address of the person.
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| 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
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| suspension, unless 5 offenses were committed, at least 2 of |
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| 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
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| 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
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| 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
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| 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.
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| 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.
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| 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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| privileges revoked without further rights.
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| 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
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| 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
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| 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
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| 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 living in the | 25 |
| petitioner's household to and from daycare. The
petitioner | 26 |
| must demonstrate that no alternative means of
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| transportation is reasonably available and that the | 2 |
| petitioner will not endanger
the public safety or welfare. | 3 |
| Those multiple offenders identified in subdivision (b)4 of | 4 |
| Section 6-208 of this Code, however, shall not be eligible | 5 |
| for the issuance of a restricted driving permit.
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(A) If a person's license or permit is revoked or | 7 |
| suspended due to 2
or more convictions of violating | 8 |
| Section 11-501 of this Code or a similar
provision of a | 9 |
| local ordinance or a similar out-of-state offense, or | 10 |
| Section 9-3 of the Criminal Code of 1961, where the use | 11 |
| of alcohol or other drugs is recited as an element of | 12 |
| the offense, or a similar out-of-state offense, or a | 13 |
| combination of these offenses, arising out
of separate | 14 |
| occurrences, that person, if issued a restricted | 15 |
| driving permit,
may not operate a vehicle unless it has | 16 |
| been equipped with an ignition
interlock device as | 17 |
| defined in Section 1-129.1.
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| (B) If a person's license or permit is revoked or | 19 |
| suspended 2 or more
times within a 10 year period due | 20 |
| to any combination of: | 21 |
| (i) a single conviction of violating Section
| 22 |
| 11-501 of this Code or a similar provision of a | 23 |
| local ordinance or a similar
out-of-state offense | 24 |
| or Section 9-3 of the Criminal Code of 1961, where | 25 |
| the use of alcohol or other drugs is recited as an | 26 |
| element of the offense, or a similar out-of-state |
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| offense; or | 2 |
| (ii) a statutory summary suspension under | 3 |
| Section
11-501.1; or | 4 |
| (iii) a suspension under Section 6-203.1; | 5 |
| arising out of
separate occurrences; that person, if | 6 |
| issued a restricted driving permit, may
not operate a | 7 |
| vehicle unless it has been
equipped with an ignition | 8 |
| interlock device as defined in Section 1-129.1. | 9 |
| (C)
The person issued a permit conditioned upon the | 10 |
| use of an ignition interlock device must pay to the | 11 |
| Secretary of State DUI Administration Fund an amount
| 12 |
| not to exceed $30 per month. The Secretary shall | 13 |
| establish by rule the amount
and the procedures, terms, | 14 |
| and conditions relating to these fees. | 15 |
| (D) If the
restricted driving permit is issued for | 16 |
| employment purposes, then the prohibition against | 17 |
| operating a motor vehicle that is not equipped with an | 18 |
| ignition interlock device does not apply to the | 19 |
| operation of an occupational vehicle owned or
leased by | 20 |
| that person's employer when used solely for employment | 21 |
| purposes. | 22 |
| (E) In each case the Secretary may issue a
| 23 |
| restricted driving permit for a period deemed | 24 |
| appropriate, except that all
permits shall expire | 25 |
| within one year from the date of issuance. The | 26 |
| Secretary
may not, however, issue a restricted driving |
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| permit to any person whose current
revocation is the | 2 |
| result of a second or subsequent conviction for a | 3 |
| violation
of Section 11-501 of this Code or a similar | 4 |
| provision of a local ordinance
or any similar | 5 |
| out-of-state offense, or Section 9-3 of the Criminal | 6 |
| Code of 1961, where the use of alcohol or other drugs | 7 |
| is recited as an element of the offense, or any similar | 8 |
| out-of-state offense, or any combination
of those | 9 |
| offenses, until the expiration of at least one year | 10 |
| from the date of
the revocation. A
restricted driving | 11 |
| permit issued under this Section shall be subject to
| 12 |
| cancellation, revocation, and suspension by the | 13 |
| Secretary of State in like
manner and for like cause as | 14 |
| a driver's license issued under this Code may be
| 15 |
| cancelled, revoked, or suspended; except that a | 16 |
| conviction upon one or more
offenses against laws or | 17 |
| ordinances regulating the movement of traffic
shall be | 18 |
| deemed sufficient cause for the revocation, | 19 |
| suspension, or
cancellation of a restricted driving | 20 |
| permit. The Secretary of State may, as
a condition to | 21 |
| the issuance of a restricted driving permit, require | 22 |
| the
applicant to participate in a designated driver | 23 |
| remedial or rehabilitative
program. The Secretary of | 24 |
| State is authorized to cancel a restricted
driving | 25 |
| permit if the permit holder does not successfully | 26 |
| complete the program.
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| (c-3) In the case of a suspension under paragraph 43 of | 2 |
| subsection (a), reports received by the Secretary of State | 3 |
| under this Section shall, except during the actual time the | 4 |
| suspension is in effect, be privileged information and for use | 5 |
| only by the courts, police officers, prosecuting authorities, | 6 |
| the driver licensing administrator of any other state, or the | 7 |
| Secretary of State. However, beginning January 1, 2008, if the | 8 |
| person is a CDL holder, the suspension shall also be made | 9 |
| available to the driver licensing administrator of any other | 10 |
| state, the U.S. Department of Transportation, and the affected | 11 |
| driver or motor
carrier or prospective motor carrier upon | 12 |
| request.
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| (c-4) In the case of a suspension under paragraph 43 of | 14 |
| subsection (a), the Secretary of State shall notify the person | 15 |
| by mail that his or her driving privileges and driver's license | 16 |
| will be suspended one month after the date of the mailing of | 17 |
| the notice.
| 18 |
| (c-5) The Secretary of State may, as a condition of the | 19 |
| reissuance of a
driver's license or permit to an applicant | 20 |
| whose driver's license or permit has
been suspended before he | 21 |
| or she reached the age of 18 years pursuant to any of
the | 22 |
| provisions of this Section, require the applicant to | 23 |
| participate in a
driver remedial education course and be | 24 |
| retested under Section 6-109 of this
Code.
| 25 |
| (d) This Section is subject to the provisions of the | 26 |
| Drivers License
Compact.
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HB2427 |
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LRB096 08874 AJT 19009 b |
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| (e) The Secretary of State shall not issue a restricted | 2 |
| driving permit to
a person under the age of 16 years whose | 3 |
| driving privileges have been suspended
or revoked under any | 4 |
| provisions of this Code.
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| (f) In accordance with 49 C.F.R. 384, the Secretary of | 6 |
| State may not issue a restricted driving permit for the | 7 |
| operation of a commercial motor vehicle to a person holding a | 8 |
| CDL whose driving privileges have been suspended, revoked, | 9 |
| cancelled, or disqualified under any provisions of this Code. | 10 |
| (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; | 11 |
| 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; | 12 |
| 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; | 13 |
| 95-848, eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; | 14 |
| revised 9-5-08.)
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