Full Text of HB4768 94th General Assembly
HB4768 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4768
Introduced 1/18/2006, by Rep. John D'Amico SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-103 |
from Ch. 95 1/2, par. 6-103 |
625 ILCS 5/6-107 |
from Ch. 95 1/2, par. 6-107 |
625 ILCS 5/6-107.1 |
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625 ILCS 5/6-107.4 new |
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625 ILCS 5/6-205 |
from Ch. 95 1/2, par. 6-205 |
625 ILCS 5/6-206 |
from Ch. 95 1/2, par. 6-206 |
625 ILCS 5/7-702.1 |
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Amends the Illinois Vehicle Code. Provides that a driver's license may not be issued to a person under 18 years of age. Provides that an instruction permit may not be issued to a person under the age of 17 years. Increases from 16 to 18 years the minimum age for issuance of a restricted driving permit or a family financial responsibility driving permit. Makes corresponding changes in other provisions. Provides that the increases in the driving age do not invalidate any license or permit that was previously issued to a person under 18 years of age if the person complies, until his or her 18th birthday, with all requirements that previously applied to drivers under 18 years of age.
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A BILL FOR
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HB4768 |
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LRB094 17603 DRH 52901 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 |
| Sections 6-103, 6-107, 6-107.1, 6-205, 6-206, and 7-702.1 and | 6 |
| adding Section 6-107.4 as follows:
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| (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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| Sec. 6-103. What persons shall not be licensed as drivers | 9 |
| or granted
permits. The Secretary of State shall not issue, | 10 |
| renew, or
allow the retention of any driver's
license nor issue | 11 |
| any permit under this Code:
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| 1. To any person, as a driver, who is under the age of | 13 |
| 18 years ,
except
as provided in Section 6-107, and except | 14 |
| that an instruction permit may be
issued under Section | 15 |
| 6-107.1 to a child who
is not less than 17
15 years of age | 16 |
| if the child is enrolled in an approved
driver education | 17 |
| course as defined in Section 1-103 of this Code and
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| requires an instruction permit to participate therein, | 19 |
| except that an
instruction permit may be issued under the | 20 |
| provisions of Section 6-107.1
to a child who is 17 years | 21 |
| and 9 months of age without the child having
enrolled in an
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| approved driver education course and except that an
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| instruction permit may be issued to a child who is at least | 24 |
| 17
15 years and 6
months of age, is enrolled in school, | 25 |
| meets the educational requirements of
the Driver Education | 26 |
| Act, and has passed examinations the Secretary of State in
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| his or her discretion may prescribe;
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| 2. To any person who is under the age of 18 as an | 29 |
| operator of a motorcycle
other than a motor driven cycle | 30 |
| unless the person has, in addition to
meeting the | 31 |
| provisions of Section 6-107 of this Code, successfully
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| completed a motorcycle
training course approved by the |
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| Illinois Department of Transportation and
successfully | 2 |
| completes the required Secretary of State's motorcycle | 3 |
| driver's
examination;
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| 3. To any person, as a driver, whose driver's license | 5 |
| or permit has been
suspended, during the suspension, nor to | 6 |
| any person whose driver's license or
permit has been | 7 |
| revoked, except as provided in Sections 6-205, 6-206, and
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| 6-208;
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| 4. To any person, as a driver, who is a user of alcohol | 10 |
| or any other
drug to a degree that renders the person | 11 |
| incapable of safely driving a motor
vehicle;
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| 5. To any person, as a driver, who has previously been | 13 |
| adjudged to be
afflicted with or suffering from any mental | 14 |
| or physical disability or disease
and who has not at the | 15 |
| time of application been restored to competency by the
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| methods provided by law;
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| 6. To any person, as a driver, who is required by the | 18 |
| Secretary of State
to submit an alcohol and drug evaluation | 19 |
| or take an examination provided
for in this Code unless the | 20 |
| person has
successfully passed the examination and | 21 |
| submitted any required evaluation;
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| 7. To any person who is required under the provisions | 23 |
| of the laws of
this State to deposit security or proof of | 24 |
| financial responsibility and who
has not deposited the | 25 |
| security or proof;
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| 8. To any person when the Secretary of State has good | 27 |
| cause to believe
that the person by reason of physical or | 28 |
| mental disability would not be
able to safely operate a | 29 |
| motor vehicle upon the highways, unless the
person shall | 30 |
| furnish to the Secretary of State a verified written
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| statement, acceptable to the Secretary of State, from a | 32 |
| competent medical
specialist to the effect that the | 33 |
| operation of a motor vehicle by the
person would not be | 34 |
| inimical to the public safety;
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| 9. To any person, as a driver, who is 69 years of age | 36 |
| or older, unless
the person has successfully complied with |
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| the provisions of Section 6-109;
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| 10. To any person convicted, within 12 months of | 3 |
| application for a
license, of any of the sexual offenses | 4 |
| enumerated in paragraph 2 of subsection
(b) of Section | 5 |
| 6-205;
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| 11. To any person who is under the age of 21 years with | 7 |
| a classification
prohibited in paragraph (b) of Section | 8 |
| 6-104 and to any person who is under
the age of 18 years | 9 |
| with a classification prohibited in paragraph (c) of
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| Section 6-104;
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| 12. To any person who has been either convicted of or | 12 |
| adjudicated under
the Juvenile Court Act of 1987 based upon | 13 |
| a violation of the Cannabis Control
Act, the Illinois | 14 |
| Controlled Substances Act, or the Methamphetamine Control | 15 |
| and Community Protection Act while that person was in | 16 |
| actual
physical control of a motor vehicle. For purposes of | 17 |
| this Section, any person
placed on probation under Section | 18 |
| 10 of the Cannabis Control Act, Section 410
of the Illinois | 19 |
| Controlled Substances Act, or Section 70 of the | 20 |
| Methamphetamine Control and Community Protection Act shall | 21 |
| not be considered convicted.
Any person found guilty of | 22 |
| this offense, while in actual physical control of a
motor | 23 |
| vehicle, shall have an entry made in the court record by | 24 |
| the judge that
this offense did occur while the person was | 25 |
| in actual physical control of a
motor vehicle and order the | 26 |
| clerk of the court to report the violation to the
Secretary | 27 |
| of State as such. The Secretary of State shall not issue a | 28 |
| new
license or permit for a period of one year;
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| 13. To any person who is under the age of 18 years and | 30 |
| who has committed
the offense
of operating a motor vehicle | 31 |
| without a valid license or permit in violation of
Section | 32 |
| 6-101;
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| 14. To any person who is
90 days or more
delinquent in | 34 |
| court ordered child support
payments or has been | 35 |
| adjudicated in arrears
in an amount equal to 90 days' | 36 |
| obligation or more
and who has been found in contempt
of
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| court for failure to pay the support, subject to the | 2 |
| requirements and
procedures of Article VII of Chapter 7 of
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| the Illinois Vehicle Code;
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| 15. To any person released from a term of imprisonment | 5 |
| for violating
Section 9-3 of the Criminal Code of 1961 or a | 6 |
| similar provision of a law of another state relating to | 7 |
| reckless homicide or for violating subparagraph (F) of | 8 |
| paragraph (1) of subsection (d) of Section 11-501 of this | 9 |
| Code relating to aggravated driving under the influence of | 10 |
| alcohol, other drug or drugs, intoxicating compound or | 11 |
| compounds, or any combination thereof, if the violation was | 12 |
| the proximate cause of a death, within
24 months of release | 13 |
| from a term of imprisonment;
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| 16. To any person who, with intent to influence any act | 15 |
| related to the issuance of any driver's license or permit, | 16 |
| by an employee of the Secretary of State's Office, or the | 17 |
| owner or employee of any commercial driver training school | 18 |
| licensed by the Secretary of State, or any other individual | 19 |
| authorized by the laws of this State to give driving | 20 |
| instructions or administer all or part of a driver's | 21 |
| license examination, promises or tenders to that person any | 22 |
| property or personal advantage which that person is not | 23 |
| authorized by law to accept. Any persons promising or | 24 |
| tendering such property or personal advantage shall be | 25 |
| disqualified from holding any class of driver's license or | 26 |
| permit for 120 consecutive days. The Secretary of State | 27 |
| shall establish by rule the procedures for implementing | 28 |
| this period of disqualification and the procedures by which | 29 |
| persons so disqualified may obtain administrative review | 30 |
| of the decision to disqualify; or
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| 17. To any person for whom the Secretary of State | 32 |
| cannot verify the
accuracy of any information or | 33 |
| documentation submitted in application for a
driver's | 34 |
| license. | 35 |
| The Secretary of State shall retain all conviction
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| information, if the information is required to be held |
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| confidential under
the Juvenile Court Act of 1987.
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| (Source: P.A. 93-174, eff. 1-1-04; 93-712, eff. 1-1-05; 93-783, | 3 |
| eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, eff. 1-1-05; 94-556, | 4 |
| eff. 9-11-05.)
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| (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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| Sec. 6-107. Graduated license.
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| (a) The purpose of the Graduated
Licensing Program is to | 8 |
| develop safe and mature driving habits in young,
inexperienced | 9 |
| drivers and reduce or prevent motor vehicle accidents,
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| fatalities,
and injuries by:
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| (1) providing for an increase in the time of practice | 12 |
| period before
granting
permission to obtain a driver's | 13 |
| license;
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| (2) strengthening driver licensing and testing | 15 |
| standards for persons under
the age of 21 years;
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| (3) sanctioning driving privileges of drivers under | 17 |
| age 21 who have
committed serious traffic violations or | 18 |
| other specified offenses; and
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| (4) setting stricter standards to promote the public's | 20 |
| health and
safety.
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| (b) The application of any person under
the age of 18 | 22 |
| years, and not legally emancipated by marriage, for a drivers
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| license or permit to operate a motor vehicle issued under the | 24 |
| laws of this
State, shall be accompanied by the written consent | 25 |
| of either parent of the
applicant; otherwise by the guardian | 26 |
| having custody of the applicant, or
in the event there is no | 27 |
| parent or guardian, then by another responsible adult.
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| No graduated driver's license shall be issued to any | 29 |
| applicant under 18
years
of age . , unless the applicant is at | 30 |
| least 16 years of age and has:
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| (1) Held a valid instruction permit for a minimum of 3 | 32 |
| months.
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| (2) Passed an approved driver education course
and | 34 |
| submits proof of having passed the course as may
be | 35 |
| required.
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| (3) certification by the parent, legal guardian, or | 2 |
| responsible adult that
the applicant has had a minimum of | 3 |
| 25 hours of behind-the-wheel practice time
and is | 4 |
| sufficiently prepared and able to safely operate a motor | 5 |
| vehicle.
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| (c) No graduated driver's license or permit shall be issued | 7 |
| to
any applicant under 18
years of age who has committed the | 8 |
| offense of operating a motor vehicle
without a valid license or | 9 |
| permit in violation of Section 6-101 of this Code
and no | 10 |
| graduated driver's
license or permit shall be issued to any | 11 |
| applicant under 18 years of age
who has committed an offense | 12 |
| that would otherwise result in a
mandatory revocation of a | 13 |
| license or permit as provided in Section 6-205 of
this Code or | 14 |
| who has been either convicted of or adjudicated a delinquent | 15 |
| based
upon a violation of the Cannabis Control Act, the | 16 |
| Illinois Controlled
Substances Act, or the Methamphetamine | 17 |
| Control and Community Protection Act while that individual was | 18 |
| in actual physical control of a motor
vehicle. For purposes of | 19 |
| this Section, any person placed on probation under
Section 10 | 20 |
| of the Cannabis Control Act, Section 410 of the Illinois
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| Controlled Substances Act, or Section 70 of the Methamphetamine | 22 |
| Control and Community Protection Act shall not be considered | 23 |
| convicted. Any person found
guilty of this offense, while in | 24 |
| actual physical control of a motor vehicle,
shall have an entry | 25 |
| made in the court record by the judge that this offense did
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| occur while the person was in actual physical control of a | 27 |
| motor vehicle and
order the clerk of the court to report the | 28 |
| violation to the Secretary of State
as such.
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| (d) (Blank).
No graduated driver's license shall be issued | 30 |
| for 6 months to any
applicant
under
the
age of 18 years who has | 31 |
| been convicted of any offense defined as a serious
traffic | 32 |
| violation in this Code or
a similar provision of a local | 33 |
| ordinance.
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| (e) (Blank).
No graduated driver's license holder under the | 35 |
| age
of 18 years shall operate any
motor vehicle, except a motor | 36 |
| driven cycle or motorcycle, with
more than one passenger in the |
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| front seat of the motor vehicle
and no more passengers in the | 2 |
| back seats than the number of available seat
safety belts as | 3 |
| set forth in Section 12-603 of this Code.
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| (f) (Blank).
No graduated driver's license holder under the | 5 |
| age of 18 shall operate a
motor vehicle unless each driver and | 6 |
| passenger under the
age of 19 is wearing a properly adjusted | 7 |
| and fastened seat safety belt and each child under the age of 8 | 8 |
| is protected as required under the Child Passenger Protection | 9 |
| Act.
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| (g) (Blank).
If a graduated driver's license holder is | 11 |
| under the age of 18 when he
or she receives the license, for | 12 |
| the first 6 months he or she holds the license
or
until he or | 13 |
| she reaches the age of 18, whichever occurs sooner, the | 14 |
| graduated
license
holder may not operate a motor vehicle with | 15 |
| more than one passenger in the
vehicle
who is under the age of | 16 |
| 20, unless any additional passenger or passengers are
siblings, | 17 |
| step-siblings, children, or stepchildren of the driver.
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| (Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05; 94-239, | 19 |
| eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, eff. 9-11-05; revised | 20 |
| 8-19-05.)
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| (625 ILCS 5/6-107.1)
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| Sec. 6-107.1. Instruction permit for a minor.
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| (a) The Secretary of State, upon
receiving proper | 24 |
| application and payment of the required fee, may issue an
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| instruction permit to any person under the age of 18 years who | 26 |
| is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, | 27 |
| or 8 of Section
6-103, after the applicant has successfully | 28 |
| passed such examination as the
Secretary of State in his | 29 |
| discretion may prescribe.
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| (1) An instruction permit issued under this Section
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| shall be valid for a period of 24 months after the date of | 32 |
| its
issuance and shall be restricted, by the Secretary of | 33 |
| State, to the operation
of a motor vehicle by the minor | 34 |
| only when accompanied by the adult instructor
of a driver | 35 |
| education program during enrollment in the program or when
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| practicing with a parent,
legal guardian, family member, or | 2 |
| a person in loco parentis who is 21
years of age or more, | 3 |
| has a license classification to operate such vehicle
and at | 4 |
| least one year of driving experience, and who is occupying | 5 |
| a seat beside
the driver.
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| (2) A 24 month instruction permit for a motor driven | 7 |
| cycle may be issued
to
a person 16 or 17 years of age and | 8 |
| entitles the holder to drive upon the
highways during | 9 |
| daylight under direct supervision of a licensed motor | 10 |
| driven
cycle operator or motorcycle operator 21 years of | 11 |
| age or older who has a
license classification to operate | 12 |
| such motor driven cycle or motorcycle and at
least one year | 13 |
| of driving experience.
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| (3) A 24 month instruction permit for a motorcycle | 15 |
| other than a motor
driven
cycle may be issued to a person | 16 |
| 16 or 17 years of age in accordance with the
provisions of | 17 |
| paragraph 2 of Section 6-103 and entitles a holder to drive | 18 |
| upon
the highways during daylight under the direct | 19 |
| supervision of a licensed
motorcycle operator 21 years of | 20 |
| age or older who has at least one year of
driving
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| experience.
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| (b) (Blank).
An instruction permit issued under this | 23 |
| Section when issued to a person
under the
age of 17 years | 24 |
| shall, as a matter of law, be invalid for the operation of any
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| motor
vehicle during the same time the child is prohibited from | 26 |
| being on any street
or highway under the provisions of the | 27 |
| Child Curfew Act.
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| (c) Any person under the age of 18
16 years who possesses | 29 |
| an instruction permit
and
whose
driving privileges have been | 30 |
| suspended or revoked under the provisions of this
Code shall | 31 |
| not be granted a Family Financial Responsibility Driving Permit | 32 |
| or a
Restricted Driving Permit.
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| (Source: P.A. 90-369, eff. 1-1-98.)
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| (625 ILCS 5/6-107.4 new)
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| Sec. 6-107.4. Effect of increases in the driving age. The |
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| increases in the driving age under this amendatory Act of the | 2 |
| 94th General Assembly do not invalidate any license or permit | 3 |
| that was issued to a person under 18 years of age before the | 4 |
| effective date of this amendatory Act of the 94th General | 5 |
| Assembly in accordance with the law this was in effect at the | 6 |
| time the license or permit was issued, if the person complies, | 7 |
| until his or her 18th birthday, with all requirements that | 8 |
| applied to drivers under 18 years of age that were in effect | 9 |
| immediately before the effective date of this amendatory Act of | 10 |
| the 94th General Assembly.
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| (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
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| Sec. 6-205. Mandatory revocation of license or permit; | 13 |
| Hardship cases.
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| (a) Except as provided in this Section, the Secretary of | 15 |
| State shall
immediately revoke the license, permit, or driving | 16 |
| privileges of
any driver upon receiving a
report of the | 17 |
| driver's conviction of any of the following offenses:
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| 1. Reckless homicide resulting from the operation of a | 19 |
| motor vehicle;
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| 2. Violation of Section 11-501 of this Code or a | 21 |
| similar provision of
a local ordinance relating to the | 22 |
| offense of operating or being in physical
control of a | 23 |
| vehicle while under the influence of alcohol, other drug or
| 24 |
| drugs, intoxicating compound or compounds, or any | 25 |
| combination thereof;
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| 3. Any felony under the laws of any State or the | 27 |
| federal government
in the commission of which a motor | 28 |
| vehicle was used;
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| 4. Violation of Section 11-401 of this Code relating to | 30 |
| the offense of
leaving the scene of a traffic accident | 31 |
| involving death or personal injury;
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| 5. Perjury or the making of a false affidavit or | 33 |
| statement under
oath to the Secretary of State under this | 34 |
| Code or under any
other law relating to the ownership or | 35 |
| operation of motor vehicles;
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| 6. Conviction upon 3 charges of violation of Section | 2 |
| 11-503 of this
Code relating to the offense of reckless | 3 |
| driving committed within a
period of 12 months;
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| 7. Conviction of any offense
defined in
Section 4-102 | 5 |
| of this Code;
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| 8. Violation of Section 11-504 of this Code relating to | 7 |
| the offense
of drag racing;
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| 9. Violation of Chapters 8 and 9 of this Code;
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| 10. Violation of Section 12-5 of the Criminal Code of | 10 |
| 1961 arising from
the use of a motor vehicle;
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| 11. Violation of Section 11-204.1 of this Code relating | 12 |
| to aggravated
fleeing or attempting to elude a peace | 13 |
| officer;
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| 12. Violation of paragraph (1) of subsection (b) of | 15 |
| Section 6-507,
or a similar law of any other state, | 16 |
| relating to the
unlawful operation of a commercial motor | 17 |
| vehicle;
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| 13. Violation of paragraph (a) of Section 11-502 of | 19 |
| this Code or a
similar provision of a local ordinance if | 20 |
| the driver has been previously
convicted of a violation of | 21 |
| that Section or a similar provision of a local
ordinance | 22 |
| and the driver was less than 21 years of age at the time of | 23 |
| the
offense.
| 24 |
| (b) The Secretary of State shall also immediately revoke | 25 |
| the license
or permit of any driver in the following | 26 |
| situations:
| 27 |
| 1. Of any minor upon receiving the notice provided for | 28 |
| in Section
5-901 of the Juvenile Court Act of 1987 that the | 29 |
| minor has been
adjudicated under that Act as having | 30 |
| committed an offense relating to
motor vehicles prescribed | 31 |
| in Section 4-103 of this Code;
| 32 |
| 2. Of any person when any other law of this State | 33 |
| requires either the
revocation or suspension of a license | 34 |
| or permit.
| 35 |
| (c) Whenever a person is convicted of any of the offenses | 36 |
| enumerated in
this Section, the court may recommend and the |
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| Secretary of State in his
discretion, without regard to whether | 2 |
| the recommendation is made by the
court may, upon application,
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| issue to the person a
restricted driving permit granting the | 4 |
| privilege of driving a motor
vehicle between the petitioner's | 5 |
| residence and petitioner's place
of employment or within the | 6 |
| scope of the petitioner's employment related
duties, or to | 7 |
| allow transportation for the petitioner or a household member
| 8 |
| of the petitioner's family for the receipt of necessary medical | 9 |
| care or, if
the professional evaluation indicates, provide | 10 |
| transportation for the
petitioner for alcohol remedial or | 11 |
| rehabilitative activity, or for the
petitioner to attend | 12 |
| classes, as a student, in an accredited educational
| 13 |
| institution; if the petitioner is able to demonstrate that no | 14 |
| alternative means
of transportation is reasonably available | 15 |
| and the petitioner will not endanger
the public safety or | 16 |
| welfare; provided that the Secretary's discretion shall be
| 17 |
| limited to cases where undue hardship would result from a | 18 |
| failure to issue the
restricted driving permit.
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| If a person's license or permit has been 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 ordinance | 22 |
| or a similar out-of-state offense, arising out
of separate | 23 |
| occurrences, that person, if issued a restricted driving | 24 |
| permit,
may not operate a vehicle unless it has been equipped | 25 |
| with an ignition
interlock device as defined in Section | 26 |
| 1-129.1.
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| If a person's license or permit has been revoked or | 28 |
| suspended 2 or more
times within a 10 year period due to a | 29 |
| single conviction of violating Section
11-501 of this Code or a | 30 |
| similar provision of a local ordinance or a similar
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| out-of-state offense, and a statutory summary suspension under | 32 |
| Section
11-501.1, or 2 or more statutory summary suspensions, | 33 |
| or combination of 2
offenses, or of an offense and a statutory | 34 |
| summary suspension, arising out of
separate occurrences, that | 35 |
| person, if issued a restricted
driving permit, may not operate | 36 |
| a vehicle unless it has been equipped with an
ignition |
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| interlock device as defined in Section 1-129.1.
The person must | 2 |
| pay to the Secretary of State DUI Administration Fund an amount
| 3 |
| not to exceed $20 per month. The Secretary shall establish by | 4 |
| rule the amount
and the procedures, terms, and conditions | 5 |
| relating to these fees.
If the restricted driving permit was | 6 |
| issued for employment purposes, then
this provision does not | 7 |
| apply to the operation of an occupational vehicle
owned or | 8 |
| leased by that person's employer.
In each case the Secretary of | 9 |
| State may issue a
restricted driving permit for a period he | 10 |
| deems appropriate, except that the
permit shall expire within | 11 |
| one year from the date of issuance. The Secretary
may not, | 12 |
| however, issue a restricted driving permit to any person whose | 13 |
| current
revocation is the result of a second or subsequent | 14 |
| conviction for a violation
of Section 11-501 of this Code or a | 15 |
| similar provision of a local ordinance
relating to the offense | 16 |
| of operating or being in physical control of a motor
vehicle | 17 |
| while under the influence of alcohol, other drug or drugs, | 18 |
| intoxicating
compound or compounds, or any similar | 19 |
| out-of-state offense, or any combination
thereof, until the | 20 |
| expiration of at least one year from the date of the
| 21 |
| revocation. A restricted
driving permit issued under this | 22 |
| Section shall be
subject to cancellation, revocation, and | 23 |
| suspension by the Secretary of
State in like manner and for | 24 |
| like cause as a driver's license issued
under this Code may be | 25 |
| cancelled, revoked, or
suspended; except that a conviction upon | 26 |
| one or more offenses against laws or
ordinances regulating the | 27 |
| movement of traffic shall be deemed sufficient cause
for the | 28 |
| revocation, suspension, or cancellation of a restricted | 29 |
| driving permit.
The Secretary of State may, as a condition to | 30 |
| the issuance of a restricted
driving permit, require the | 31 |
| applicant to participate in a designated driver
remedial or | 32 |
| rehabilitative program. The Secretary of State is authorized to
| 33 |
| cancel a restricted driving permit if the permit holder does | 34 |
| not successfully
complete the program. However, if an | 35 |
| individual's driving privileges have been
revoked in | 36 |
| accordance with paragraph 13 of subsection (a) of this Section, |
|
|
|
HB4768 |
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LRB094 17603 DRH 52901 b |
|
| 1 |
| no
restricted driving permit shall be issued until the | 2 |
| individual has served 6
months of the revocation period.
| 3 |
| (d) Whenever a person under the age of 21 is convicted | 4 |
| under Section
11-501 of this Code or a similar provision of a | 5 |
| local ordinance, the
Secretary of State shall revoke the | 6 |
| driving privileges of that person. One
year after the date of | 7 |
| revocation, and upon application, the Secretary of
State may, | 8 |
| if satisfied that the person applying will not endanger the
| 9 |
| public safety or welfare, issue a restricted driving permit | 10 |
| granting the
privilege of driving a motor vehicle only between | 11 |
| the hours of 5 a.m. and 9
p.m. or as otherwise provided by this | 12 |
| Section for a period of one year.
After this one year period, | 13 |
| and upon reapplication for a license as
provided in Section | 14 |
| 6-106, upon payment of the appropriate reinstatement
fee | 15 |
| provided under paragraph (b) of Section 6-118, the Secretary of | 16 |
| State,
in his discretion, may
issue the applicant a
license, or | 17 |
| extend the restricted driving permit as many times as the
| 18 |
| Secretary of State deems appropriate, by additional periods of | 19 |
| not more than
12 months each, until the applicant attains 21 | 20 |
| years of age.
| 21 |
| If a person's license or permit has been revoked or | 22 |
| suspended due to 2 or
more convictions of violating Section | 23 |
| 11-501 of this Code or a similar
provision of a local ordinance | 24 |
| or a similar out-of-state offense, arising out
of separate | 25 |
| occurrences, that person, if issued a restricted driving | 26 |
| permit,
may not operate a vehicle unless it has been equipped | 27 |
| with an ignition
interlock device as defined in Section | 28 |
| 1-129.1.
| 29 |
| If a person's license or permit has been revoked or | 30 |
| suspended 2 or more times
within a 10 year period due to a | 31 |
| single conviction of violating Section 11-501
of this
Code or a | 32 |
| similar provision of a local ordinance or a similar | 33 |
| out-of-state
offense, and
a statutory summary suspension under | 34 |
| Section 11-501.1, or 2 or more statutory
summary
suspensions, | 35 |
| or combination of 2 offenses, or of an offense and a statutory
| 36 |
| summary
suspension, arising out of separate occurrences, that |
|
|
|
HB4768 |
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LRB094 17603 DRH 52901 b |
|
| 1 |
| person, if issued a
restricted
driving permit, may not operate | 2 |
| a vehicle unless it has been equipped with an
ignition | 3 |
| interlock device as defined in Section 1-129.1.
The person must | 4 |
| pay to the Secretary of State DUI Administration Fund an amount
| 5 |
| not to exceed $20 per month. The Secretary shall establish by | 6 |
| rule the amount
and the procedures, terms, and conditions | 7 |
| relating to these fees.
If the restricted driving permit was | 8 |
| issued for employment purposes, then
this provision does not | 9 |
| apply to the operation of an occupational vehicle
owned or | 10 |
| leased by that person's employer. A
restricted driving permit | 11 |
| issued under this Section shall be subject to
cancellation, | 12 |
| revocation, and suspension by the Secretary of State in like
| 13 |
| manner and for like cause as a driver's license issued under | 14 |
| this Code may be
cancelled, revoked, or suspended; except that | 15 |
| a conviction upon one or more
offenses against laws or | 16 |
| ordinances regulating the movement of traffic
shall be deemed | 17 |
| sufficient cause for the revocation, suspension, or
| 18 |
| cancellation of a restricted driving permit.
The revocation | 19 |
| periods contained in this subparagraph shall apply to similar
| 20 |
| out-of-state convictions.
| 21 |
| (e) This Section is subject to the provisions of the Driver | 22 |
| License
Compact.
| 23 |
| (f) Any revocation imposed upon any person under | 24 |
| subsections 2
and 3 of paragraph (b) that is in effect on | 25 |
| December 31, 1988 shall be
converted to a suspension for a like | 26 |
| period of time.
| 27 |
| (g) The Secretary of State shall not issue a restricted | 28 |
| driving permit to
a person under the age of 18 years
16 years | 29 |
| whose driving privileges have been revoked
under any provisions | 30 |
| of this Code.
| 31 |
| (h) The Secretary of State shall require the use of | 32 |
| ignition interlock
devices on all vehicles owned by an | 33 |
| individual who has been convicted of a
second or subsequent | 34 |
| offense under Section 11-501 of this Code or a similar
| 35 |
| provision of a local ordinance. The Secretary shall establish | 36 |
| by rule and
regulation the procedures for certification and use |
|
|
|
HB4768 |
- 15 - |
LRB094 17603 DRH 52901 b |
|
| 1 |
| of the interlock
system.
| 2 |
| (i) The Secretary of State may not issue a restricted | 3 |
| driving permit for
a period of one year after a second or | 4 |
| subsequent revocation of driving
privileges under clause | 5 |
| (a)(2) of this Section; however, one
year after the date of a | 6 |
| second or subsequent revocation of driving privileges
under | 7 |
| clause (a)(2) of this Section, the Secretary of State may,
upon | 8 |
| application, issue a restricted driving permit under the terms | 9 |
| and
conditions of subsection (c).
| 10 |
| (j) In accordance with 49 C.F.R. 384, the Secretary of | 11 |
| State may not issue a restricted driving permit for the | 12 |
| operation of a commercial motor vehicle to a person holding a | 13 |
| CDL whose driving privileges have been revoked under any | 14 |
| provisions of this Code.
| 15 |
| (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
| 16 |
| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| 17 |
| Sec. 6-206. Discretionary authority to suspend or revoke | 18 |
| license or
permit; Right to a hearing.
| 19 |
| (a) The Secretary of State is authorized to suspend or | 20 |
| revoke the
driving privileges of any person without preliminary | 21 |
| hearing upon a showing
of the person's records or other | 22 |
| sufficient evidence that
the person:
| 23 |
| 1. Has committed an offense for which mandatory | 24 |
| revocation of
a driver's license or permit is required upon | 25 |
| conviction;
| 26 |
| 2. Has been convicted of not less than 3 offenses | 27 |
| against traffic
regulations governing the movement of | 28 |
| vehicles committed within any 12
month period. No | 29 |
| revocation or suspension shall be entered more than
6 | 30 |
| months after the date of last conviction;
| 31 |
| 3. Has been repeatedly involved as a driver in motor | 32 |
| vehicle
collisions or has been repeatedly convicted of | 33 |
| offenses against laws and
ordinances regulating the | 34 |
| movement of traffic, to a degree that
indicates lack of | 35 |
| ability to exercise ordinary and reasonable care in
the |
|
|
|
HB4768 |
- 16 - |
LRB094 17603 DRH 52901 b |
|
| 1 |
| safe operation of a motor vehicle or disrespect for the | 2 |
| traffic laws
and the safety of other persons upon the | 3 |
| highway;
| 4 |
| 4. Has by the unlawful operation of a motor vehicle | 5 |
| caused or
contributed to an accident resulting in death or | 6 |
| injury requiring
immediate professional treatment in a | 7 |
| medical facility or doctor's office
to any person, except | 8 |
| that any suspension or revocation imposed by the
Secretary | 9 |
| of State under the provisions of this subsection shall | 10 |
| start no
later than 6 months after being convicted of | 11 |
| violating a law or
ordinance regulating the movement of | 12 |
| traffic, which violation is related
to the accident, or | 13 |
| shall start not more than one year
after
the date of the | 14 |
| accident, whichever date occurs later;
| 15 |
| 5. Has permitted an unlawful or fraudulent use of a | 16 |
| driver's
license, identification card, or permit;
| 17 |
| 6. Has been lawfully convicted of an offense or | 18 |
| offenses in another
state, including the authorization | 19 |
| contained in Section 6-203.1, which
if committed within | 20 |
| this State would be grounds for suspension or revocation;
| 21 |
| 7. Has refused or failed to submit to an examination | 22 |
| provided for by
Section 6-207 or has failed to pass the | 23 |
| examination;
| 24 |
| 8. Is ineligible for a driver's license or permit under | 25 |
| the provisions
of Section 6-103;
| 26 |
| 9. Has made a false statement or knowingly concealed a | 27 |
| material fact
or has used false information or | 28 |
| identification in any application for a
license, | 29 |
| identification card, or permit;
| 30 |
| 10. Has possessed, displayed, or attempted to | 31 |
| fraudulently use any
license, identification card, or | 32 |
| permit not issued to the person;
| 33 |
| 11. Has operated a motor vehicle upon a highway of this | 34 |
| State when
the person's driving privilege or privilege to | 35 |
| obtain a driver's license
or permit was revoked or | 36 |
| suspended unless the operation was authorized by
a judicial |
|
|
|
HB4768 |
- 17 - |
LRB094 17603 DRH 52901 b |
|
| 1 |
| driving permit, probationary license to drive, or a | 2 |
| restricted
driving permit issued under this Code;
| 3 |
| 12. Has submitted to any portion of the application | 4 |
| process for
another person or has obtained the services of | 5 |
| another person to submit to
any portion of the application | 6 |
| process for the purpose of obtaining a
license, | 7 |
| identification card, or permit for some other person;
| 8 |
| 13. Has operated a motor vehicle upon a highway of this | 9 |
| State when
the person's driver's license or permit was | 10 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
| 11 |
| 14. Has committed a violation of Section 6-301, | 12 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 13 |
| of the Illinois Identification Card
Act;
| 14 |
| 15. Has been convicted of violating Section 21-2 of the | 15 |
| Criminal Code
of 1961 relating to criminal trespass to | 16 |
| vehicles in which case, the suspension
shall be for one | 17 |
| year;
| 18 |
| 16. Has been convicted of violating Section 11-204 of | 19 |
| this Code relating
to fleeing from a peace officer;
| 20 |
| 17. Has refused to submit to a test, or tests, as | 21 |
| required under Section
11-501.1 of this Code and the person | 22 |
| has not sought a hearing as
provided for in Section | 23 |
| 11-501.1;
| 24 |
| 18. Has, since issuance of a driver's license or | 25 |
| permit, been adjudged
to be afflicted with or suffering | 26 |
| from any mental disability or disease;
| 27 |
| 19. Has committed a violation of paragraph (a) or (b) | 28 |
| of Section 6-101
relating to driving without a driver's | 29 |
| license;
| 30 |
| 20. Has been convicted of violating Section 6-104 | 31 |
| relating to
classification of driver's license;
| 32 |
| 21. Has been convicted of violating Section 11-402 of
| 33 |
| this Code relating to leaving the scene of an accident | 34 |
| resulting in damage
to a vehicle in excess of $1,000, in | 35 |
| which case the suspension shall be
for one year;
| 36 |
| 22. Has used a motor vehicle in violating paragraph |
|
|
|
HB4768 |
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LRB094 17603 DRH 52901 b |
|
| 1 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 2 |
| the Criminal Code of 1961 relating
to unlawful use of | 3 |
| weapons, in which case the suspension shall be for one
| 4 |
| year;
| 5 |
| 23. Has, as a driver, been convicted of committing a | 6 |
| violation of
paragraph (a) of Section 11-502 of this Code | 7 |
| for a second or subsequent
time within one year of a | 8 |
| similar violation;
| 9 |
| 24. Has been convicted by a court-martial or punished | 10 |
| by non-judicial
punishment by military authorities of the | 11 |
| United States at a military
installation in Illinois of or | 12 |
| for a traffic related offense that is the
same as or | 13 |
| similar to an offense specified under Section 6-205 or | 14 |
| 6-206 of
this Code;
| 15 |
| 25. Has permitted any form of identification to be used | 16 |
| by another in
the application process in order to obtain or | 17 |
| attempt to obtain a license,
identification card, or | 18 |
| permit;
| 19 |
| 26. Has altered or attempted to alter a license or has | 20 |
| possessed an
altered license, identification card, or | 21 |
| permit;
| 22 |
| 27. Has violated Section 6-16 of the Liquor Control Act | 23 |
| of 1934;
| 24 |
| 28. Has been convicted of the illegal possession, while | 25 |
| operating or
in actual physical control, as a driver, of a | 26 |
| motor vehicle, of any
controlled substance prohibited | 27 |
| under the Illinois Controlled Substances
Act, any cannabis | 28 |
| prohibited under the Cannabis Control
Act, or any | 29 |
| methamphetamine prohibited under the Methamphetamine | 30 |
| Control and Community Protection Act, in which case the | 31 |
| person's driving privileges shall be suspended for
one | 32 |
| year, and any driver who is convicted of a second or | 33 |
| subsequent
offense, within 5 years of a previous | 34 |
| conviction, for the illegal
possession, while operating or | 35 |
| in actual physical control, as a driver, of
a motor | 36 |
| vehicle, of any controlled substance prohibited under the |
|
|
|
HB4768 |
- 19 - |
LRB094 17603 DRH 52901 b |
|
| 1 |
| Illinois Controlled Substances Act, any cannabis
| 2 |
| prohibited under the Cannabis Control Act, or any | 3 |
| methamphetamine prohibited under the Methamphetamine | 4 |
| Control and Community Protection Act shall be suspended for | 5 |
| 5 years.
Any defendant found guilty of this offense while | 6 |
| operating a motor vehicle,
shall have an entry made in the | 7 |
| court record by the presiding judge that
this offense did | 8 |
| occur while the defendant was operating a motor vehicle
and | 9 |
| order the clerk of the court to report the violation to the | 10 |
| Secretary
of State;
| 11 |
| 29. Has been convicted of the following offenses that | 12 |
| were committed
while the person was operating or in actual | 13 |
| physical control, as a driver,
of a motor vehicle: criminal | 14 |
| sexual assault,
predatory criminal sexual assault of a | 15 |
| child,
aggravated criminal sexual
assault, criminal sexual | 16 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 17 |
| soliciting for a juvenile prostitute and the manufacture, | 18 |
| sale or
delivery of controlled substances or instruments | 19 |
| used for illegal drug use
or abuse in which case the | 20 |
| driver's driving privileges shall be suspended
for one | 21 |
| year;
| 22 |
| 30. Has been convicted a second or subsequent time for | 23 |
| any
combination of the offenses named in paragraph 29 of | 24 |
| this subsection,
in which case the person's driving | 25 |
| privileges shall be suspended for 5
years;
| 26 |
| 31. Has refused to submit to a test as
required by | 27 |
| Section 11-501.6 or has submitted to a test resulting in
an | 28 |
| alcohol concentration of 0.08 or more or any amount of a | 29 |
| drug, substance, or
compound resulting from the unlawful | 30 |
| use or consumption of cannabis as listed
in the Cannabis | 31 |
| Control Act, a controlled substance as listed in the | 32 |
| Illinois
Controlled Substances Act, or an intoxicating | 33 |
| compound as listed in the Use of
Intoxicating Compounds | 34 |
| Act, in which case the penalty shall be
as prescribed in | 35 |
| Section 6-208.1;
| 36 |
| 32. Has been convicted of Section 24-1.2 of the |
|
|
|
HB4768 |
- 20 - |
LRB094 17603 DRH 52901 b |
|
| 1 |
| Criminal Code of
1961 relating to the aggravated discharge | 2 |
| of a firearm if the offender was
located in a motor vehicle | 3 |
| at the time the firearm was discharged, in which
case the | 4 |
| suspension shall be for 3 years;
| 5 |
| 33. Has as a driver, who was less than 21 years of age | 6 |
| on the date of
the offense, been convicted a first time of | 7 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 8 |
| or a similar provision of a local ordinance;
| 9 |
| 34. Has committed a violation of Section 11-1301.5 of | 10 |
| this Code;
| 11 |
| 35. Has committed a violation of Section 11-1301.6 of | 12 |
| this Code;
| 13 |
| 36. Is under the age of 21 years at the time of arrest | 14 |
| and has been
convicted of not less than 2 offenses against | 15 |
| traffic regulations governing
the movement of vehicles | 16 |
| committed within any 24 month period. No revocation
or | 17 |
| suspension shall be entered more than 6 months after the | 18 |
| date of last
conviction;
| 19 |
| 37. Has committed a violation of subsection (c) of | 20 |
| Section 11-907 of this
Code;
| 21 |
| 38. Has been convicted of a violation of Section 6-20 | 22 |
| of the Liquor
Control Act of 1934 or a similar provision of | 23 |
| a local ordinance;
| 24 |
| 39. Has committed a second or subsequent violation of | 25 |
| Section
11-1201 of this Code;
| 26 |
| 40. Has committed a violation of subsection (a-1) of | 27 |
| Section 11-908 of
this Code; or | 28 |
| 41. Has committed a second or subsequent violation of | 29 |
| Section 11-605.1 of this Code within 2 years of the date of | 30 |
| the previous violation, in which case the suspension shall | 31 |
| be for 90 days. | 32 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 33 |
| and 27 of this
subsection, license means any driver's license, | 34 |
| any traffic ticket issued when
the person's driver's license is | 35 |
| deposited in lieu of bail, a suspension
notice issued by the | 36 |
| Secretary of State, a duplicate or corrected driver's
license, |
|
|
|
HB4768 |
- 21 - |
LRB094 17603 DRH 52901 b |
|
| 1 |
| a probationary driver's license or a temporary driver's | 2 |
| license.
| 3 |
| (b) If any conviction forming the basis of a suspension or
| 4 |
| revocation authorized under this Section is appealed, the
| 5 |
| Secretary of State may rescind or withhold the entry of the | 6 |
| order of suspension
or revocation, as the case may be, provided | 7 |
| that a certified copy of a stay
order of a court is filed with | 8 |
| the Secretary of State. If the conviction is
affirmed on | 9 |
| appeal, the date of the conviction shall relate back to the | 10 |
| time
the original judgment of conviction was entered and the 6 | 11 |
| month limitation
prescribed shall not apply.
| 12 |
| (c) 1. Upon suspending or revoking the driver's license or | 13 |
| permit of
any person as authorized in this Section, the | 14 |
| Secretary of State shall
immediately notify the person in | 15 |
| writing of the revocation or suspension.
The notice to be | 16 |
| deposited in the United States mail, postage prepaid,
to | 17 |
| the last known address of the person.
| 18 |
| 2. If the Secretary of State suspends the driver's | 19 |
| license
of a person under subsection 2 of paragraph (a) of | 20 |
| this Section, a
person's privilege to operate a vehicle as | 21 |
| an occupation shall not be
suspended, provided an affidavit | 22 |
| is properly completed, the appropriate fee
received, and a | 23 |
| permit issued prior to the effective date of the
| 24 |
| suspension, unless 5 offenses were committed, at least 2 of | 25 |
| which occurred
while operating a commercial vehicle in | 26 |
| connection with the driver's
regular occupation. All other | 27 |
| driving privileges shall be suspended by the
Secretary of | 28 |
| State. Any driver prior to operating a vehicle for
| 29 |
| occupational purposes only must submit the affidavit on | 30 |
| forms to be
provided by the Secretary of State setting | 31 |
| forth the facts of the person's
occupation. The affidavit | 32 |
| shall also state the number of offenses
committed while | 33 |
| operating a vehicle in connection with the driver's regular
| 34 |
| occupation. The affidavit shall be accompanied by the | 35 |
| driver's license.
Upon receipt of a properly completed | 36 |
| affidavit, the Secretary of State
shall issue the driver a |
|
|
|
HB4768 |
- 22 - |
LRB094 17603 DRH 52901 b |
|
| 1 |
| permit to operate a vehicle in connection with the
driver's | 2 |
| regular occupation only. Unless the permit is issued by the
| 3 |
| Secretary of State prior to the date of suspension, the | 4 |
| privilege to drive
any motor vehicle shall be suspended as | 5 |
| set forth in the notice that was
mailed under this Section. | 6 |
| If an affidavit is received subsequent to the
effective | 7 |
| date of this suspension, a permit may be issued for the | 8 |
| remainder
of the suspension period.
| 9 |
| The provisions of this subparagraph shall not apply to | 10 |
| any driver
required to possess a CDL for the purpose of | 11 |
| operating a commercial motor vehicle.
| 12 |
| Any person who falsely states any fact in the affidavit | 13 |
| required
herein shall be guilty of perjury under Section | 14 |
| 6-302 and upon conviction
thereof shall have all driving | 15 |
| privileges revoked without further rights.
| 16 |
| 3. At the conclusion of a hearing under Section 2-118 | 17 |
| of this Code,
the Secretary of State shall either rescind | 18 |
| or continue an order of
revocation or shall substitute an | 19 |
| order of suspension; or, good
cause appearing therefor, | 20 |
| rescind, continue, change, or extend the
order of | 21 |
| suspension. If the Secretary of State does not rescind the | 22 |
| order,
the Secretary may upon application,
to relieve undue | 23 |
| hardship, issue
a restricted driving permit granting the | 24 |
| privilege of driving a motor
vehicle between the | 25 |
| petitioner's residence and petitioner's place of
| 26 |
| employment or within the scope of his employment related | 27 |
| duties, or to
allow transportation for the petitioner, or a | 28 |
| household member of the
petitioner's family, to receive | 29 |
| necessary medical care and if the
professional evaluation | 30 |
| indicates, provide transportation for alcohol
remedial or | 31 |
| rehabilitative activity, or for the petitioner to attend
| 32 |
| classes, as a student, in an accredited educational | 33 |
| institution; if the
petitioner is able to demonstrate that | 34 |
| no alternative means of
transportation is reasonably | 35 |
| available and the petitioner will not endanger
the public | 36 |
| safety or welfare.
|
|
|
|
HB4768 |
- 23 - |
LRB094 17603 DRH 52901 b |
|
| 1 |
| If a person's license or permit has been revoked or | 2 |
| suspended due to 2
or more convictions of violating Section | 3 |
| 11-501 of this Code or a similar
provision of a local | 4 |
| ordinance or a similar out-of-state offense, arising out
of | 5 |
| separate occurrences, that person, if issued a restricted | 6 |
| driving permit,
may not operate a vehicle unless it has | 7 |
| been equipped with an ignition
interlock device as defined | 8 |
| in Section 1-129.1.
| 9 |
| If a person's license or permit has been revoked or | 10 |
| suspended 2 or more
times within a 10 year period due to a | 11 |
| single conviction of violating Section
11-501 of this Code | 12 |
| or a similar provision of a local ordinance or a similar
| 13 |
| out-of-state offense, and a statutory summary suspension | 14 |
| under Section
11-501.1, or 2 or more statutory summary | 15 |
| suspensions, or combination of 2
offenses, or of an offense | 16 |
| and a statutory summary suspension, arising out of
separate | 17 |
| occurrences, that person, if issued a restricted driving | 18 |
| permit, may
not operate a vehicle unless it has been
| 19 |
| equipped with an ignition interlock device as defined in | 20 |
| Section 1-129.1.
The person must pay to the Secretary of | 21 |
| State DUI Administration Fund an amount
not to exceed $20 | 22 |
| per month. The Secretary shall establish by rule the amount
| 23 |
| and the procedures, terms, and conditions relating to these | 24 |
| fees. If the
restricted driving permit was issued for | 25 |
| employment purposes, then this
provision does not apply to | 26 |
| the operation of an occupational vehicle owned or
leased by | 27 |
| that person's employer. In each case the Secretary may | 28 |
| issue a
restricted driving permit for a period deemed | 29 |
| appropriate, except that all
permits shall expire within | 30 |
| one year from the date of issuance. The Secretary
may not, | 31 |
| however, issue a restricted driving permit to any person | 32 |
| whose current
revocation is the result of a second or | 33 |
| subsequent conviction for a violation
of Section 11-501 of | 34 |
| this Code or a similar provision of a local ordinance
| 35 |
| relating to the offense of operating or being in physical | 36 |
| control of a motor
vehicle while under the influence of |
|
|
|
HB4768 |
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LRB094 17603 DRH 52901 b |
|
| 1 |
| alcohol, other drug or drugs, intoxicating
compound or | 2 |
| compounds, or any similar out-of-state offense, or any | 3 |
| combination
of those offenses, until the expiration of at | 4 |
| least one year from the date of
the revocation. A
| 5 |
| restricted driving permit issued under this Section shall | 6 |
| be subject to
cancellation, revocation, and suspension by | 7 |
| the Secretary of State in like
manner and for like cause as | 8 |
| a driver's license issued under this Code may be
cancelled, | 9 |
| revoked, or suspended; except that a conviction upon one or | 10 |
| more
offenses against laws or ordinances regulating the | 11 |
| movement of traffic
shall be deemed sufficient cause for | 12 |
| the revocation, suspension, or
cancellation of a | 13 |
| restricted driving permit. The Secretary of State may, as
a | 14 |
| condition to the issuance of a restricted driving permit, | 15 |
| require the
applicant to participate in a designated driver | 16 |
| remedial or rehabilitative
program. The Secretary of State | 17 |
| is authorized to cancel a restricted
driving permit if the | 18 |
| permit holder does not successfully complete the program.
| 19 |
| (c-5) The Secretary of State may, as a condition of the | 20 |
| reissuance of a
driver's license or permit to an applicant | 21 |
| whose driver's license or permit has
been suspended before he | 22 |
| or she reached the age of 18 years pursuant to any of
the | 23 |
| provisions of this Section, require the applicant to | 24 |
| participate in a
driver remedial education course and be | 25 |
| retested under Section 6-109 of this
Code.
| 26 |
| (d) This Section is subject to the provisions of the | 27 |
| Drivers License
Compact.
| 28 |
| (e) The Secretary of State shall not issue a restricted | 29 |
| driving permit to
a person under the age of 18 years
16 years | 30 |
| whose driving privileges have been suspended
or revoked under | 31 |
| any provisions of this Code.
| 32 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of | 33 |
| State may not issue a restricted driving permit for the | 34 |
| operation of a commercial motor vehicle to a person holding a | 35 |
| CDL whose driving privileges have been revoked under any | 36 |
| provisions of this Code. |
|
|
|
HB4768 |
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LRB094 17603 DRH 52901 b |
|
| 1 |
| (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | 2 |
| 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | 3 |
| 9-30-05; 94-556, eff. 9-11-05; revised 8-19-05.)
| 4 |
| (625 ILCS 5/7-702.1)
| 5 |
| Sec. 7-702.1. Family financial responsibility driving | 6 |
| permits. Following
the entry of an order that an obligor has | 7 |
| been found in contempt by the court for failure to pay court | 8 |
| ordered child
support payments or upon a motion by the obligor | 9 |
| who is subject to having his
or her
driver's license suspended | 10 |
| pursuant to subsection (b) of Section 7-703, the
court may | 11 |
| enter an order directing the
Secretary of State to issue a | 12 |
| family financial responsibility
driving permit for the purpose | 13 |
| of providing the obligor the
privilege of operating a motor | 14 |
| vehicle between the obligor's
residence and place of | 15 |
| employment, or within the scope of
employment related duties; | 16 |
| or for the purpose of providing
transportation for the obligor | 17 |
| or a household member to receive
alcohol treatment, other drug | 18 |
| treatment, or medical care. The
court may enter an order | 19 |
| directing the issuance of a permit only if
the obligor has | 20 |
| proven to the satisfaction of the court that no
alternative | 21 |
| means of transportation are reasonably available for
the above | 22 |
| stated purposes. No permit shall be issued to a person under | 23 |
| the
age of 18 years
16 years who possesses an instruction | 24 |
| permit. In accordance with 49 C.F.R. Part 384, the Secretary of | 25 |
| State may not issue a family financial responsibility driving | 26 |
| permit to any person for the operation of a commercial motor | 27 |
| vehicle if the person's driving privileges have been suspended | 28 |
| under any provisions of this Code.
| 29 |
| Upon entry of an order granting the issuance of a permit to | 30 |
| an
obligor, the court shall report this finding to the | 31 |
| Secretary of
State on a form prescribed by the Secretary. This | 32 |
| form shall state
whether the permit has been granted for | 33 |
| employment or medical
purposes and the specific days and hours | 34 |
| for which limited driving
privileges have been granted.
| 35 |
| The family financial responsibility driving permit shall |
|
|
|
HB4768 |
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LRB094 17603 DRH 52901 b |
|
| 1 |
| be subject
to cancellation, invalidation, suspension, and | 2 |
| revocation by the
Secretary of State in the same manner and for | 3 |
| the same reasons as
a driver's license may be cancelled, | 4 |
| invalidated, suspended, or
revoked.
| 5 |
| The Secretary of State shall, upon receipt of a certified | 6 |
| court
order from the court of jurisdiction, issue a family | 7 |
| financial
responsibility driving permit. In order for this | 8 |
| permit to be
issued, an individual's driving privileges must be | 9 |
| valid except for
the family financial responsibility | 10 |
| suspension. This permit shall
be valid only for employment and | 11 |
| medical purposes as set forth
above. The permit shall state the | 12 |
| days and hours for which limited
driving privileges have been | 13 |
| granted.
| 14 |
| Any submitted court order that contains insufficient data | 15 |
| or fails
to comply with any provision of this Code shall not
be | 16 |
| used for issuance of the permit or entered to the individual's
| 17 |
| driving record but shall be returned to the court of | 18 |
| jurisdiction
indicating why the permit cannot be issued at that | 19 |
| time. The
Secretary of State shall also send notice of the | 20 |
| return of the
court order to the individual requesting the | 21 |
| permit.
| 22 |
| (Source: P.A. 94-307, eff. 9-30-05.)
|
|