Full Text of HB3697 96th General Assembly
HB3697enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning the Secretary of State.
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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 1-111.1a, 1-197.5, 6-102, 6-103, 6-107, 6-110, | 6 |
| 6-203.1, 6-205, 6-206, 6-208, 6-303, 6-601, and 11-500 as | 7 |
| follows:
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| (625 ILCS 5/1-111.1a) (from Ch. 95 1/2, par. 1-171.01)
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| Sec. 1-111.1a. Charitable vehicle.
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| (a) Any vehicle that is exclusively owned and operated
by a | 11 |
| religious or charitable
not-for-profit organization and is | 12 |
| used primarily in conducting the official
activities of such | 13 |
| organization.
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| (b) This definition does not include:
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| (1) a bus operated by a public utility, municipal | 16 |
| corporation or
common carrier authorized to conduct local | 17 |
| or interurban transportation
of passengers when such bus is | 18 |
| on a regularly scheduled route for the
transportation of | 19 |
| other fare paying passengers or furnishing charter
service | 20 |
| for the transportation of groups on special trips or in
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| connection with special events and not over a regular or | 22 |
| customary
religious organization bus route;
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| (2) a school bus as defined in Section 1-182 of this |
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| Code; or
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| (3) a First Division vehicle, other than one designed | 3 |
| for transporting
not less than 7 nor more than 10 | 4 |
| passengers, as defined in Section 1-217 of
this
Code; | 5 |
| except that for purposes of determining the number of | 6 |
| persons a
vehicle is designed to carry in this Section , in | 7 |
| any vehicle equipped with one or more
wheelchair tiedowns, | 8 |
| each wheelchair tiedown shall be
counted as 4 persons. Each | 9 |
| wheelchair tiedown shall be counted as 1 person for any | 10 |
| other purpose of this Code.
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| (Source: P.A. 90-89, eff. 1-1-98; 91-64, eff. 1-1-00.)
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| (625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
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| Sec. 1-197.5.
Statutory summary alcohol or other drug | 14 |
| related suspension
of driver's privileges. The withdrawal by | 15 |
| the Secretary of State circuit court of a
person's license or | 16 |
| privilege to operate a motor vehicle on the public
highways for | 17 |
| the periods provided in Section 6-208.1. Reinstatement after
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| the suspension period shall occur after all appropriate fees | 19 |
| have been
paid , unless the court notifies the Secretary of | 20 |
| State that the person
should be disqualified . The bases for | 21 |
| this withdrawal of driving privileges
shall be the individual's | 22 |
| refusal to submit to or failure to complete a
chemical test or | 23 |
| tests following an arrest for the offense of driving under
the | 24 |
| influence of alcohol, other drugs, or intoxicating compounds,
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| or any combination thereof, or submission to such a
test or |
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| tests indicating an alcohol concentration of 0.08 or more
as | 2 |
| provided in Section 11-501.1 of this Code.
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| (Source: P.A. 92-834, eff. 8-22-02.)
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| (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102)
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| Sec. 6-102. What persons are exempt. The following persons | 6 |
| are exempt
from the requirements of Section 6-101 and are not | 7 |
| required to have an
Illinois drivers license or permit if one | 8 |
| or more of the following
qualifying exemptions are met and | 9 |
| apply:
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| 1. Any employee of the United States Government or any | 11 |
| member of the
Armed Forces of the United States, while | 12 |
| operating a motor vehicle owned by
or leased to the United | 13 |
| States Government and being operated on official
business | 14 |
| need not be licensed;
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| 2. A nonresident who has in his immediate possession a | 16 |
| valid license issued
to him in his home state or country | 17 |
| may operate a motor vehicle for which
he is licensed for | 18 |
| the period during which he is in this State;
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| 3. A nonresident and his spouse and children living | 20 |
| with him who is a
student at a college or university in | 21 |
| Illinois who have a valid license
issued by their home | 22 |
| State.
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| 4. A person operating a road machine temporarily upon a | 24 |
| highway or
operating a farm tractor between the home farm | 25 |
| buildings and any adjacent
or nearby farm land for the |
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| exclusive purpose of conducting farm operations
need not be | 2 |
| licensed as a driver.
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| 5. A resident of this State who has been serving as a | 4 |
| member of the
Armed Forces of the United States outside the | 5 |
| Continental limits of the
United States, for a period of 90 | 6 |
| 45 days following his return to the
continental limits of | 7 |
| the United States.
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| 6. A nonresident on active duty in the Armed Forces of | 9 |
| the United States
who has a valid license issued by his | 10 |
| home state and such nonresident's
spouse, and dependent | 11 |
| children and living with parents, who have a valid
license | 12 |
| issued by their home state.
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| 7. A nonresident who becomes a resident of this State, | 14 |
| may for a period of
the first 90 days of residence in | 15 |
| Illinois operate any motor vehicle which
he was qualified | 16 |
| or licensed to drive by his home state or country so long
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| as he has in his possession, a valid and current license | 18 |
| issued to him by
his home state or country. Upon expiration | 19 |
| of such 90 day period, such new
resident must comply with | 20 |
| the provisions of this Act and apply for an
Illinois | 21 |
| license or permit.
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| 8. An engineer, conductor, brakeman, or any other | 23 |
| member of the crew
of a locomotive or train being operated | 24 |
| upon rails, including operation on
a railroad crossing over | 25 |
| a public street, road or highway. Such person is
not | 26 |
| required to display a driver's license to any law |
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| enforcement officer
in connection with the operation of a | 2 |
| locomotive or train within this State.
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| The provisions of this Section granting exemption to any | 4 |
| nonresident
shall be operative to the same extent that the laws | 5 |
| of the State or country
of such nonresident grant like | 6 |
| exemption to residents of this State.
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| The Secretary of State may implement the exemption | 8 |
| provisions of this
Section by inclusion thereof in a | 9 |
| reciprocity agreement, arrangement or
declaration issued | 10 |
| pursuant to this Act.
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| (Source: P.A. 86-1258.)
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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 | 14 |
| or granted
permits. The Secretary of State shall not issue, | 15 |
| renew, or
allow the retention of any driver's
license nor issue | 16 |
| any permit under this Code:
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| 1. To any person, as a driver, who is under the age of | 18 |
| 18 years except
as provided in Section 6-107, and except | 19 |
| that an instruction permit may be
issued under Section | 20 |
| 6-107.1 to a child who
is not less than 15 years of age if | 21 |
| the child is enrolled in an approved
driver education | 22 |
| course as defined in Section 1-103 of this Code and
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| requires an instruction permit to participate therein, | 24 |
| except that an
instruction permit may be issued under the | 25 |
| provisions of Section 6-107.1
to a child who is 17 years |
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| and 3 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 | 4 |
| 15 years and 3 6
months of age, is enrolled in school, | 5 |
| meets the educational requirements of
the Driver Education | 6 |
| 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 | 9 |
| operator of a motorcycle
other than a motor driven cycle | 10 |
| unless the person has, in addition to
meeting the | 11 |
| provisions of Section 6-107 of this Code, successfully
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| completed a motorcycle
training course approved by the | 13 |
| Illinois Department of Transportation and
successfully | 14 |
| completes the required Secretary of State's motorcycle | 15 |
| driver's
examination;
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| 3. To any person, as a driver, whose driver's license | 17 |
| or permit has been
suspended, during the suspension, nor to | 18 |
| any person whose driver's license or
permit has been | 19 |
| 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 | 22 |
| or any other
drug to a degree that renders the person | 23 |
| incapable of safely driving a motor
vehicle;
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| 5. To any person, as a driver, who has previously been | 25 |
| adjudged to be
afflicted with or suffering from any mental | 26 |
| or physical disability or disease
and who has not at the |
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| 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 | 4 |
| Secretary of State
to submit an alcohol and drug evaluation | 5 |
| or take an examination provided
for in this Code unless the | 6 |
| person has
successfully passed the examination and | 7 |
| submitted any required evaluation;
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| 7. To any person who is required under the provisions | 9 |
| of the laws of
this State to deposit security or proof of | 10 |
| financial responsibility and who
has not deposited the | 11 |
| security or proof;
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| 8. To any person when the Secretary of State has good | 13 |
| cause to believe
that the person by reason of physical or | 14 |
| mental disability would not be
able to safely operate a | 15 |
| motor vehicle upon the highways, unless the
person shall | 16 |
| furnish to the Secretary of State a verified written
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| statement, acceptable to the Secretary of State, from a | 18 |
| competent medical
specialist to the effect that the | 19 |
| operation of a motor vehicle by the
person would not be | 20 |
| inimical to the public safety;
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| 9. To any person, as a driver, who is 69 years of age | 22 |
| or older, unless
the person has successfully complied with | 23 |
| the provisions of Section 6-109;
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| 10. To any person convicted, within 12 months of | 25 |
| application for a
license, of any of the sexual offenses | 26 |
| enumerated in paragraph 2 of subsection
(b) of Section |
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| 6-205;
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| 11. To any person who is under the age of 21 years with | 3 |
| a classification
prohibited in paragraph (b) of Section | 4 |
| 6-104 and to any person who is under
the age of 18 years | 5 |
| 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 | 8 |
| adjudicated under
the Juvenile Court Act of 1987 based upon | 9 |
| a violation of the Cannabis Control
Act, the Illinois | 10 |
| Controlled Substances Act, or the Methamphetamine Control | 11 |
| and Community Protection Act while that person was in | 12 |
| actual
physical control of a motor vehicle. For purposes of | 13 |
| this Section, any person
placed on probation under Section | 14 |
| 10 of the Cannabis Control Act, Section 410
of the Illinois | 15 |
| Controlled Substances Act, or Section 70 of the | 16 |
| Methamphetamine Control and Community Protection Act shall | 17 |
| not be considered convicted.
Any person found guilty of | 18 |
| this offense, while in actual physical control of a
motor | 19 |
| vehicle, shall have an entry made in the court record by | 20 |
| the judge that
this offense did occur while the person was | 21 |
| in actual physical control of a
motor vehicle and order the | 22 |
| clerk of the court to report the violation to the
Secretary | 23 |
| of State as such. The Secretary of State shall not issue a | 24 |
| 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 | 26 |
| who has committed
the offense
of operating a motor vehicle |
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| without a valid license or permit in violation of
Section | 2 |
| 6-101 or a similar out of state offense ;
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| 14. To any person who is
90 days or more
delinquent in | 4 |
| court ordered child support
payments or has been | 5 |
| adjudicated in arrears
in an amount equal to 90 days' | 6 |
| 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 | 8 |
| requirements and
procedures of Article VII of Chapter 7 of
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| the Illinois Vehicle Code;
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| 14.5. To any person certified by the Illinois | 11 |
| Department of Healthcare and Family Services as being 90 | 12 |
| days or more delinquent in payment of support under an | 13 |
| order of support entered by a court or administrative body | 14 |
| of this or any other State, subject to the requirements and | 15 |
| procedures of Article VII of Chapter 7 of this Code | 16 |
| regarding those certifications;
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| 15. To any person released from a term of imprisonment | 18 |
| for violating
Section 9-3 of the Criminal Code of 1961 or a | 19 |
| similar provision of a law of another state relating to | 20 |
| reckless homicide or for violating subparagraph (F) of | 21 |
| paragraph (1) of subsection (d) of Section 11-501 of this | 22 |
| Code relating to aggravated driving under the influence of | 23 |
| alcohol, other drug or drugs, intoxicating compound or | 24 |
| compounds, or any combination thereof, if the violation was | 25 |
| the proximate cause of a death, within
24 months of release | 26 |
| from a term of imprisonment;
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| 16. To any person who, with intent to influence any act | 2 |
| related to the issuance of any driver's license or permit, | 3 |
| by an employee of the Secretary of State's Office, or the | 4 |
| owner or employee of any commercial driver training school | 5 |
| licensed by the Secretary of State, or any other individual | 6 |
| authorized by the laws of this State to give driving | 7 |
| instructions or administer all or part of a driver's | 8 |
| license examination, promises or tenders to that person any | 9 |
| property or personal advantage which that person is not | 10 |
| authorized by law to accept. Any persons promising or | 11 |
| tendering such property or personal advantage shall be | 12 |
| disqualified from holding any class of driver's license or | 13 |
| permit for 120 consecutive days. The Secretary of State | 14 |
| shall establish by rule the procedures for implementing | 15 |
| this period of disqualification and the procedures by which | 16 |
| persons so disqualified may obtain administrative review | 17 |
| of the decision to disqualify;
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| 17. To any person for whom the Secretary of State | 19 |
| cannot verify the
accuracy of any information or | 20 |
| documentation submitted in application for a
driver's | 21 |
| license; or
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| 18. To any person who has been adjudicated under the | 23 |
| Juvenile Court Act of 1987 based upon an offense that is | 24 |
| determined by the court to have been committed in | 25 |
| furtherance of the criminal activities of an organized | 26 |
| gang, as provided in Section 5-710 of that Act, and that |
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| involved the operation or use of a motor vehicle or the use | 2 |
| of a driver's license or permit. The person shall be denied | 3 |
| a license or permit for the period determined by the court.
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| The Secretary of State shall retain all conviction
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| information, if the information is required to be held | 6 |
| confidential under
the Juvenile Court Act of 1987. | 7 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-310, eff. 1-1-08; | 8 |
| 95-337, eff. 6-1-08; 95-685, eff. 6-23-07; 95-876, eff. | 9 |
| 8-21-08.)
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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 | 13 |
| develop safe and mature driving habits in young,
inexperienced | 14 |
| 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 | 17 |
| period before
granting
permission to obtain a driver's | 18 |
| license;
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| (2) strengthening driver licensing and testing | 20 |
| standards for persons under
the age of 21 years;
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| (3) sanctioning driving privileges of drivers under | 22 |
| age 21 who have
committed serious traffic violations or | 23 |
| other specified offenses; and
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| (4) setting stricter standards to promote the public's | 25 |
| health and
safety.
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| (b) The application of any person under
the age of 18 | 2 |
| 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 | 4 |
| laws of this
State, shall be accompanied by the written consent | 5 |
| of either parent of the
applicant; otherwise by the guardian | 6 |
| having custody of the applicant, or
in the event there is no | 7 |
| parent or guardian, then by another responsible adult. The | 8 |
| written consent must accompany any application for a driver's | 9 |
| license under this subsection (b), regardless of whether or not | 10 |
| the required written consent also accompanied the person's | 11 |
| previous application for an instruction permit.
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| No graduated driver's license shall be issued to any | 13 |
| applicant under 18
years
of age, unless the applicant is at | 14 |
| least 16 years of age and has:
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| (1) Held a valid instruction permit for a minimum of 9 | 16 |
| months.
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| (2) Passed an approved driver education course
and | 18 |
| submits proof of having passed the course as may
be | 19 |
| required.
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| (3) Certification by the parent, legal guardian, or | 21 |
| responsible adult that
the applicant has had a minimum of | 22 |
| 50 hours of behind-the-wheel practice time, at least 10 | 23 |
| hours of which have been at night,
and is sufficiently | 24 |
| prepared and able to safely operate a motor vehicle.
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| (b-1) No graduated
driver's license shall be issued to any | 26 |
| applicant who is under 18 years of age
and not legally |
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| emancipated by marriage, unless the applicant has graduated
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| from a secondary school of this State or any other state, is | 3 |
| enrolled in a
course leading to a general educational | 4 |
| development (GED) certificate, has
obtained a GED certificate, | 5 |
| is enrolled in an elementary or secondary school or college or | 6 |
| university
of this State or any other state and is not a | 7 |
| chronic or habitual truant as provided in Section 26-2a of the | 8 |
| School Code, or is receiving home instruction and submits proof | 9 |
| of meeting any of those
requirements at the time of | 10 |
| application.
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| An applicant under 18 years of age who provides proof | 12 |
| acceptable to the Secretary that the applicant has resumed | 13 |
| regular school attendance or home instruction or that his or | 14 |
| her application was denied in error shall be eligible to | 15 |
| receive a graduated license if other requirements are met. The | 16 |
| Secretary shall adopt rules for implementing this subsection | 17 |
| (b-1).
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| (c) No graduated driver's license or permit shall be issued | 19 |
| to
any applicant under 18
years of age who has committed the | 20 |
| offense of operating a motor vehicle
without a valid license or | 21 |
| permit in violation of Section 6-101 of this Code
or a similar | 22 |
| out of state offense and no graduated driver's
license or | 23 |
| permit shall be issued to any applicant under 18 years of age
| 24 |
| who has committed an offense that would otherwise result in a
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| mandatory revocation of a license or permit as provided in | 26 |
| Section 6-205 of
this Code or who has been either convicted of |
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| or adjudicated a delinquent based
upon a violation of the | 2 |
| Cannabis Control Act, the Illinois Controlled
Substances Act, | 3 |
| the Use of Intoxicating Compounds Act, or the Methamphetamine | 4 |
| Control and Community Protection Act while that individual was | 5 |
| in actual physical control of a motor
vehicle. For purposes of | 6 |
| this Section, any person placed on probation under
Section 10 | 7 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 8 |
| Controlled Substances Act, or Section 70 of the Methamphetamine | 9 |
| Control and Community Protection Act shall not be considered | 10 |
| convicted. Any person found
guilty of this offense, while in | 11 |
| actual physical control of a motor vehicle,
shall have an entry | 12 |
| made in the court record by the judge that this offense did
| 13 |
| occur while the person was in actual physical control of a | 14 |
| motor vehicle and
order the clerk of the court to report the | 15 |
| violation to the Secretary of State
as such.
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| (d) No graduated driver's license shall be issued for 9 | 17 |
| months to any
applicant
under
the
age of 18 years who has | 18 |
| committed and subsequently been convicted of an offense against | 19 |
| traffic regulations governing the movement of vehicles or any | 20 |
| violation of this Section or Section 12-603.1 of this Code.
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| (e) No graduated driver's license holder under the age
of | 22 |
| 18 years shall operate any
motor vehicle, except a motor driven | 23 |
| cycle or motorcycle, with
more than one passenger in the front | 24 |
| seat of the motor vehicle
and no more passengers in the back | 25 |
| seats than the number of available seat
safety belts as set | 26 |
| forth in Section 12-603 of this Code. If a graduated driver's |
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| license holder over the age of 18 committed an offense against | 2 |
| traffic regulations governing the movement of vehicles or any | 3 |
| violation of this Section or Section 12-603.1 of this Code in | 4 |
| the 6 months prior to the graduated driver's license holder's | 5 |
| 18th birthday, and was subsequently convicted of the violation, | 6 |
| the provisions of this paragraph shall continue to apply until | 7 |
| such time as a period of 6 consecutive months has elapsed | 8 |
| without an additional violation and subsequent conviction of an | 9 |
| offense against traffic regulations governing the movement of | 10 |
| vehicles or any violation of this Section or Section 12-603.1 | 11 |
| of this Code.
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| (f) No graduated driver's license holder under the age of | 13 |
| 18 shall operate a
motor vehicle unless each driver and | 14 |
| passenger under the
age of 19 is wearing a properly adjusted | 15 |
| and fastened seat safety belt and each child under the age of 8 | 16 |
| is protected as required under the Child Passenger Protection | 17 |
| Act. If a graduated driver's license holder over the age of 18 | 18 |
| committed an offense against traffic regulations governing the | 19 |
| movement of vehicles or any violation of this Section or | 20 |
| Section 12-603.1 of this Code in the 6 months prior to the | 21 |
| graduated driver's license holder's 18th birthday, and was | 22 |
| subsequently convicted of the violation, the provisions of this | 23 |
| paragraph shall continue to apply until such time as a period | 24 |
| of 6 consecutive months has elapsed without an additional | 25 |
| violation and subsequent conviction of an offense against | 26 |
| traffic regulations governing the movement of vehicles or any |
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| violation of this Section or Section 12-603.1 of this Code.
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| (g) If a graduated driver's license holder is under the age | 3 |
| of 18 when he
or she receives the license, for the first 12 | 4 |
| months he or she holds the license
or
until he or she reaches | 5 |
| the age of 18, whichever occurs sooner, the graduated
license
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| holder may not operate a motor vehicle with more than one | 7 |
| passenger in the
vehicle
who is under the age of 20, unless any | 8 |
| additional passenger or passengers are
siblings, | 9 |
| step-siblings, children, or stepchildren of the driver. If a | 10 |
| graduated driver's license holder committed an offense against | 11 |
| traffic regulations governing the movement of vehicles or any | 12 |
| violation of this Section or Section 12-603.1 of this Code | 13 |
| during the first 12 months the license is held and subsequently | 14 |
| is convicted of the violation, the provisions of this paragraph | 15 |
| shall remain in effect until such time as a period of 6 | 16 |
| consecutive months has elapsed without an additional violation | 17 |
| and subsequent conviction of an offense against traffic | 18 |
| regulations governing the movement of vehicles or any violation | 19 |
| of this Section or Section 12-603.1 of this Code.
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| (h) It shall be an offense for a person that is age 15, but | 21 |
| under age 20, to be a passenger in a vehicle operated by a | 22 |
| driver holding a graduated driver's license during the first 12 | 23 |
| months the driver holds the license or until the driver reaches | 24 |
| the age of 18, whichever occurs sooner, if another passenger | 25 |
| under the age of 20 is present, excluding a sibling, | 26 |
| step-sibling, child, or step-child of the driver.
|
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| (Source: P.A. 94-239, eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, | 2 |
| eff. 9-11-05; 94-897, eff. 6-22-06; 94-916, eff. 7-1-07; | 3 |
| 95-310, eff. 1-1-08; 95-331, eff. 8-21-07.) | 4 |
| (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| 5 |
| Sec. 6-110. Licenses issued to drivers.
| 6 |
| (a) The Secretary of State shall issue to every qualifying | 7 |
| applicant a
driver's license as applied for, which license | 8 |
| shall bear a
distinguishing
number assigned to the licensee, | 9 |
| the legal name,
signature, zip
code, date of birth, residence | 10 |
| address, and a brief description of the
licensee , and
a space | 11 |
| where the licensee may write his usual signature .
| 12 |
| Licenses issued shall also indicate the classification and
| 13 |
| the restrictions under Section 6-104 of this Code.
| 14 |
| In lieu of the social security number, the Secretary may in | 15 |
| his
discretion substitute a federal tax number or other | 16 |
| distinctive number.
| 17 |
| A driver's license issued may, in the discretion of the | 18 |
| Secretary,
include a suitable photograph of a type prescribed | 19 |
| by the Secretary.
| 20 |
| (a-1) If the licensee is less than 18 years of age, unless | 21 |
| one of the exceptions in subsection (a-2) apply, the license | 22 |
| shall, as a matter of law, be invalid for the operation of any | 23 |
| motor vehicle during the following times: | 24 |
| (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | 25 |
| (B) Between 11:00 p.m. Saturday and 6:00 a.m. on |
|
|
|
HB3697 Enrolled |
- 18 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| Sunday; and | 2 |
| (C) Between 10:00 p.m. on Sunday to Thursday, | 3 |
| inclusive, and 6:00 a.m. on the following day. | 4 |
| (a-2) The driver's license of a person under the age of 18 | 5 |
| shall not be invalid as described in subsection (a-1) of this | 6 |
| Section if the licensee under the age of 18 was: | 7 |
| (1) accompanied by the licensee's parent or guardian or | 8 |
| other person in custody or control of the minor; | 9 |
| (2) on an errand at the direction of the minor's parent | 10 |
| or guardian, without any detour or stop; | 11 |
| (3) in a motor vehicle involved in interstate travel; | 12 |
| (4) going to or returning home from an employment | 13 |
| activity, without any detour or stop; | 14 |
| (5) involved in an emergency; | 15 |
| (6) going to or returning home from, without any detour | 16 |
| or stop, an official school, religious, or other | 17 |
| recreational activity supervised by adults and sponsored | 18 |
| by a government or governmental agency, a civic | 19 |
| organization, or another similar entity that takes | 20 |
| responsibility for the licensee, without any detour or | 21 |
| stop; | 22 |
| (7) exercising First Amendment rights protected by the | 23 |
| United States Constitution, such as the free exercise of | 24 |
| religion, freedom of speech, and the right of assembly; or | 25 |
| (8) married or had been married or is an emancipated | 26 |
| minor under the Emancipation of Minors Act. |
|
|
|
HB3697 Enrolled |
- 19 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| (a-2.5) The driver's license of a person who is 17 years of | 2 |
| age and has been licensed for at least 12 months is not invalid | 3 |
| as described in subsection (a-1) of this Section while the | 4 |
| licensee is participating as an assigned driver in a Safe Rides | 5 |
| program that meets the following criteria: | 6 |
| (1) the program is sponsored by the Boy Scouts of | 7 |
| America or another national public service organization; | 8 |
| and | 9 |
| (2) the sponsoring organization carries liability | 10 |
| insurance covering the program. | 11 |
| (a-3) If a graduated driver's license holder over the age | 12 |
| of 18 committed an offense against traffic regulations | 13 |
| governing the movement of vehicles or any violation of Section | 14 |
| 6-107 or Section 12-603.1 of this Code in the 6 months prior to | 15 |
| the graduated driver's license holder's 18th birthday, and was | 16 |
| subsequently convicted of the offense, the provisions of | 17 |
| subsection (a-1) shall continue to apply until such time as a | 18 |
| period of 6 consecutive months has elapsed without an | 19 |
| additional violation and subsequent conviction of an offense | 20 |
| against traffic regulations governing the movement of vehicles | 21 |
| or Section 6-107 or Section 12-603.1 of this Code.
| 22 |
| (b) Until the Secretary of State establishes a First Person | 23 |
| Consent organ and tissue donor registry under Section 6-117 of | 24 |
| this Code, the Secretary of State shall provide a format on the | 25 |
| reverse of
each driver's license issued which the licensee may | 26 |
| use to execute a document
of gift conforming to the provisions |
|
|
|
HB3697 Enrolled |
- 20 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| of the Illinois Anatomical Gift Act.
The format shall allow the | 2 |
| licensee to indicate the gift intended, whether
specific | 3 |
| organs, any organ, or the entire body, and shall accommodate | 4 |
| the
signatures of the donor and 2 witnesses. The Secretary | 5 |
| shall also inform
each applicant or licensee of this format, | 6 |
| describe the procedure for its
execution, and may offer the | 7 |
| necessary witnesses; provided that in so doing,
the Secretary | 8 |
| shall advise the applicant or licensee that he or she is
under | 9 |
| no compulsion to execute a document of gift. A brochure
| 10 |
| explaining this method of executing an anatomical gift document | 11 |
| shall be given
to each applicant or licensee. The brochure | 12 |
| shall advise the applicant or
licensee that he or she is under | 13 |
| no compulsion to execute a document of
gift, and that he or she | 14 |
| may wish to consult with family, friends or clergy
before doing | 15 |
| so. The Secretary of State may undertake additional efforts,
| 16 |
| including education and awareness activities, to promote organ | 17 |
| and tissue
donation.
| 18 |
| (c) The Secretary of State shall designate on each driver's | 19 |
| license issued
a space where the licensee may place a sticker | 20 |
| or decal of the uniform
size as the Secretary may specify, | 21 |
| which sticker or decal may indicate in
appropriate language | 22 |
| that the owner of the license carries an Emergency
Medical | 23 |
| Information Card.
| 24 |
| The sticker may be provided by any person, hospital, | 25 |
| school,
medical group, or association interested in assisting | 26 |
| in implementing
the Emergency Medical Information Card, but |
|
|
|
HB3697 Enrolled |
- 21 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| shall meet the specifications
as the Secretary may by rule or | 2 |
| regulation require.
| 3 |
| (d) The Secretary of State shall designate on each driver's | 4 |
| license issued
a space where the licensee may indicate his | 5 |
| blood type and RH factor.
| 6 |
| (e) The Secretary of State shall provide
that each original | 7 |
| or renewal driver's license issued to a licensee under
21 years | 8 |
| of age shall be of a distinct nature from those driver's | 9 |
| licenses
issued to individuals 21 years of age and older. The | 10 |
| color designated for
driver's licenses for licensees under 21 | 11 |
| years of age shall be at the
discretion of the Secretary of | 12 |
| State.
| 13 |
| (e-1) The Secretary shall provide that each driver's | 14 |
| license issued to a
person under the age of 21 displays the | 15 |
| date upon which the person becomes 18
years of age and the date | 16 |
| upon which the person becomes 21 years of age.
| 17 |
| (f) The Secretary of State shall inform all Illinois | 18 |
| licensed
commercial motor vehicle operators of the | 19 |
| requirements of the Uniform
Commercial Driver License Act, | 20 |
| Article V of this Chapter, and shall make
provisions to insure | 21 |
| that all drivers, seeking to obtain a commercial
driver's | 22 |
| license, be afforded an opportunity prior to April 1, 1992, to
| 23 |
| obtain the license. The Secretary is authorized to extend
| 24 |
| driver's license expiration dates, and assign specific times, | 25 |
| dates and
locations where these commercial driver's tests shall | 26 |
| be conducted. Any
applicant, regardless of the current |
|
|
|
HB3697 Enrolled |
- 22 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| expiration date of the applicant's
driver's license, may be | 2 |
| subject to any assignment by the Secretary.
Failure to comply | 3 |
| with the Secretary's assignment may result in the
applicant's | 4 |
| forfeiture of an opportunity to receive a commercial driver's
| 5 |
| license prior to April 1, 1992.
| 6 |
| (g) The Secretary of State shall designate on a
driver's | 7 |
| license issued, a space where the licensee may indicate that he | 8 |
| or
she has drafted a living will in accordance with the | 9 |
| Illinois Living Will
Act or a durable power of attorney for | 10 |
| health care in accordance with the
Illinois Power of Attorney | 11 |
| Act.
| 12 |
| (g-1) The Secretary of State, in his or her discretion, may | 13 |
| designate on
each driver's license issued a space where the | 14 |
| licensee may place a sticker or
decal, issued by the Secretary | 15 |
| of State, of uniform size as the Secretary may
specify, that | 16 |
| shall indicate in appropriate language that the owner of the
| 17 |
| license has renewed his or her driver's license.
| 18 |
| (h) A person who acts in good faith in accordance with the | 19 |
| terms of
this Section is not liable for damages in any civil | 20 |
| action or subject to
prosecution in any criminal proceeding for | 21 |
| his or her act.
| 22 |
| (Source: P.A. 94-75, eff. 1-1-06; 94-930, eff. 6-26-06; 95-310, | 23 |
| eff. 1-1-08; 95-747, eff. 7-22-08.)
| 24 |
| (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
| 25 |
| Sec. 6-203.1.
(a) The Secretary of State is authorized to |
|
|
|
HB3697 Enrolled |
- 23 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| suspend , for the period set forth in Section 6-208.1, the
| 2 |
| driving privileges of persons arrested in another state for | 3 |
| driving under
the influence of alcohol, other drug or drugs, or | 4 |
| intoxicating compound or
compounds, or any combination | 5 |
| thereof, or a similar
provision, and who has refused to submit | 6 |
| to a chemical test or tests under
the provisions of implied | 7 |
| consent.
| 8 |
| (b) When a driving privilege has been suspended for a | 9 |
| refusal as
provided in paragraph (a) and the person is | 10 |
| subsequently convicted of the
underlying charge, for the same | 11 |
| incident, any period served on suspension
shall be credited | 12 |
| toward the minimum period of revocation of driving
privileges | 13 |
| imposed pursuant to Section 6-206.
| 14 |
| (Source: P.A. 90-779, eff. 1-1-99.)
| 15 |
| (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| 16 |
| Sec. 6-205. Mandatory revocation of license or permit; | 17 |
| Hardship cases.
| 18 |
| (a) Except as provided in this Section, the Secretary of | 19 |
| State shall
immediately revoke the license, permit, or driving | 20 |
| privileges of
any driver upon receiving a
report of the | 21 |
| driver's conviction of any of the following offenses:
| 22 |
| 1. Reckless homicide resulting from the operation of a | 23 |
| motor vehicle;
| 24 |
| 2. Violation of Section 11-501 of this Code or a | 25 |
| similar provision of
a local ordinance relating to the |
|
|
|
HB3697 Enrolled |
- 24 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| offense of operating or being in physical
control of a | 2 |
| vehicle while under the influence of alcohol, other drug or
| 3 |
| drugs, intoxicating compound or compounds, or any | 4 |
| combination thereof;
| 5 |
| 3. Any felony under the laws of any State or the | 6 |
| federal government
in the commission of which a motor | 7 |
| vehicle was used;
| 8 |
| 4. Violation of Section 11-401 of this Code relating to | 9 |
| the offense of
leaving the scene of a traffic accident | 10 |
| involving death or personal injury;
| 11 |
| 5. Perjury or the making of a false affidavit or | 12 |
| statement under
oath to the Secretary of State under this | 13 |
| Code or under any
other law relating to the ownership or | 14 |
| operation of motor vehicles;
| 15 |
| 6. Conviction upon 3 charges of violation of Section | 16 |
| 11-503 of this
Code relating to the offense of reckless | 17 |
| driving committed within a
period of 12 months;
| 18 |
| 7. Conviction of any offense
defined in
Section 4-102 | 19 |
| of this Code;
| 20 |
| 8. Violation of Section 11-504 of this Code relating to | 21 |
| the offense
of drag racing;
| 22 |
| 9. Violation of Chapters 8 and 9 of this Code;
| 23 |
| 10. Violation of Section 12-5 of the Criminal Code of | 24 |
| 1961 arising from
the use of a motor vehicle;
| 25 |
| 11. Violation of Section 11-204.1 of this Code relating | 26 |
| to aggravated
fleeing or attempting to elude a peace |
|
|
|
HB3697 Enrolled |
- 25 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| officer;
| 2 |
| 12. Violation of paragraph (1) of subsection (b) of | 3 |
| Section 6-507,
or a similar law of any other state, | 4 |
| relating to the
unlawful operation of a commercial motor | 5 |
| vehicle;
| 6 |
| 13. Violation of paragraph (a) of Section 11-502 of | 7 |
| this Code or a
similar provision of a local ordinance if | 8 |
| the driver has been previously
convicted of a violation of | 9 |
| that Section or a similar provision of a local
ordinance | 10 |
| and the driver was less than 21 years of age at the time of | 11 |
| the
offense;
| 12 |
| 14. Violation of paragraph (a) of Section 11-506 of | 13 |
| this Code or a similar provision of a local ordinance | 14 |
| relating to the offense of street racing ; .
| 15 |
| 15. A second or subsequent conviction of driving while | 16 |
| the person's driver's license, permit or privileges was | 17 |
| revoked for reckless homicide or a similar out-of-state | 18 |
| offense. | 19 |
| (b) The Secretary of State shall also immediately revoke | 20 |
| the license
or permit of any driver in the following | 21 |
| situations:
| 22 |
| 1. Of any minor upon receiving the notice provided for | 23 |
| in Section
5-901 of the Juvenile Court Act of 1987 that the | 24 |
| minor has been
adjudicated under that Act as having | 25 |
| committed an offense relating to
motor vehicles prescribed | 26 |
| in Section 4-103 of this Code;
|
|
|
|
HB3697 Enrolled |
- 26 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| 2. Of any person when any other law of this State | 2 |
| requires either the
revocation or suspension of a license | 3 |
| or permit;
| 4 |
| 3. Of any person adjudicated under the Juvenile Court | 5 |
| Act of 1987 based on an offense determined to have been | 6 |
| committed in furtherance of the criminal activities of an | 7 |
| organized gang as provided in Section 5-710 of that Act, | 8 |
| and that involved the operation or use of a motor vehicle | 9 |
| or the use of a driver's license or permit. The revocation | 10 |
| shall remain in effect for the period determined by the | 11 |
| court. Upon the direction of the court, the Secretary shall | 12 |
| issue the person a judicial driving permit, also known as a | 13 |
| JDP. The JDP shall be subject to the same terms as a JDP | 14 |
| issued under Section 6-206.1, except that the court may | 15 |
| direct that a JDP issued under this subdivision (b)(3) be | 16 |
| effective immediately.
| 17 |
| (c)(1) Except as provided in subsection (c-5), whenever a | 18 |
| person is convicted of any of the offenses enumerated in
this | 19 |
| Section, the court may recommend and the Secretary of State in | 20 |
| his
discretion, without regard to whether the recommendation is | 21 |
| made by the
court may, upon application,
issue to the person a
| 22 |
| restricted driving permit granting the privilege of driving a | 23 |
| motor
vehicle between the petitioner's residence and | 24 |
| petitioner's place
of employment or within the scope of the | 25 |
| petitioner's employment related
duties, or to allow the | 26 |
| petitioner to transport himself or herself or a family member
|
|
|
|
HB3697 Enrolled |
- 27 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| of the petitioner's household to a medical facility for the | 2 |
| receipt of necessary medical care or to allow the
petitioner to | 3 |
| transport himself or herself to and from alcohol or drug | 4 |
| remedial or rehabilitative activity recommended by a licensed | 5 |
| service provider, or to allow the
petitioner to transport | 6 |
| himself or herself or a family member of the petitioner's | 7 |
| household to classes, as a student, at an accredited | 8 |
| educational
institution, or to allow the petitioner to | 9 |
| transport children living in the petitioner's household to and | 10 |
| from daycare; if the petitioner is able to demonstrate that no | 11 |
| alternative means
of transportation is reasonably available | 12 |
| and that the petitioner will not endanger
the public safety or | 13 |
| welfare; provided that the Secretary's discretion shall be
| 14 |
| limited to cases where undue hardship, as defined by the rules | 15 |
| of the Secretary of State, would result from a failure to issue | 16 |
| the
restricted driving permit. Those multiple offenders | 17 |
| identified in subdivision (b)4 of Section 6-208 of this Code, | 18 |
| however, shall not be eligible for the issuance of a restricted | 19 |
| driving permit.
| 20 |
| (2) If a person's license or permit is revoked or | 21 |
| suspended due to 2 or
more convictions of violating Section | 22 |
| 11-501 of this Code or a similar
provision of a local | 23 |
| ordinance or a similar out-of-state offense, or Section 9-3 | 24 |
| of the Criminal Code of 1961, where the use of alcohol or | 25 |
| other drugs is recited as an element of the offense, or a | 26 |
| similar out-of-state offense, or a combination of these |
|
|
|
HB3697 Enrolled |
- 28 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| offenses, arising out
of separate occurrences, that | 2 |
| person, if issued a restricted driving permit,
may not | 3 |
| operate a vehicle unless it has been equipped with an | 4 |
| ignition
interlock device as defined in Section 1-129.1.
| 5 |
| (3) If:
| 6 |
| (A) a person's license or permit is revoked or | 7 |
| suspended 2 or more
times within a 10 year period due | 8 |
| to any combination of: | 9 |
| (i)
a single conviction of violating Section
| 10 |
| 11-501 of this Code or a similar provision of a | 11 |
| local ordinance or a similar
out-of-state offense, | 12 |
| or Section 9-3 of the Criminal Code of 1961, where | 13 |
| the use of alcohol or other drugs is recited as an | 14 |
| element of the offense, or a similar out-of-state | 15 |
| offense; or | 16 |
| (ii)
a statutory summary suspension under | 17 |
| Section
11-501.1; or | 18 |
| (iii)
a suspension pursuant to Section | 19 |
| 6-203.1;
| 20 |
| arising out of
separate occurrences; or | 21 |
| (B)
a person has been convicted of one violation of | 22 |
| Section 6-303 of this Code committed while his or her | 23 |
| driver's license, permit, or privilege was revoked | 24 |
| because of a violation of Section 9-3 of the Criminal | 25 |
| Code of 1961, relating to the offense of reckless | 26 |
| homicide where the use of alcohol or other drugs was |
|
|
|
HB3697 Enrolled |
- 29 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| recited as an element of the offense , or a similar | 2 |
| provision of a law of another state ;
, | 3 |
| that person, if issued a restricted
driving permit, may not | 4 |
| operate a vehicle unless it has been equipped with an
| 5 |
| ignition interlock device as defined in Section 1-129.1. | 6 |
| (4)
The person issued a permit conditioned on the use | 7 |
| of an ignition interlock device must pay to the Secretary | 8 |
| of State DUI Administration Fund an amount
not to exceed | 9 |
| $30 per month. The Secretary shall establish by rule the | 10 |
| amount
and the procedures, terms, and conditions relating | 11 |
| to these fees. | 12 |
| (5)
If the restricted driving permit is issued for | 13 |
| employment purposes, then
the prohibition against | 14 |
| operating a motor vehicle that is not equipped with an | 15 |
| ignition interlock device does not apply to the operation | 16 |
| of an occupational vehicle
owned or leased by that person's | 17 |
| employer when used solely for employment purposes. | 18 |
| (6)
In each case the Secretary of State may issue a
| 19 |
| restricted driving permit for a period he deems | 20 |
| appropriate, except that the
permit shall expire within one | 21 |
| year from the date of issuance. The Secretary
may not, | 22 |
| however, issue a restricted driving permit to any person | 23 |
| whose current
revocation is the result of a second or | 24 |
| subsequent conviction for a violation
of Section 11-501 of | 25 |
| this Code or a similar provision of a local ordinance
or | 26 |
| any similar out-of-state offense, or Section 9-3 of the |
|
|
|
HB3697 Enrolled |
- 30 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| Criminal Code of 1961, where the use of alcohol or other | 2 |
| drugs is recited as an element of the offense, or any | 3 |
| similar out-of-state offense, or any combination of these | 4 |
| offenses, until the expiration of at least one year from | 5 |
| the date of the
revocation. A restricted
driving permit | 6 |
| issued under this Section shall be
subject to cancellation, | 7 |
| revocation, and suspension by the Secretary of
State in | 8 |
| like manner and for like cause as a driver's license issued
| 9 |
| under this Code may be cancelled, revoked, or
suspended; | 10 |
| except that a conviction upon one or more offenses against | 11 |
| laws or
ordinances regulating the movement of traffic shall | 12 |
| be deemed sufficient cause
for the revocation, suspension, | 13 |
| or cancellation of a restricted driving permit.
The | 14 |
| Secretary of State may, as a condition to the issuance of a | 15 |
| restricted
driving permit, require the petitioner to | 16 |
| participate in a designated driver
remedial or | 17 |
| rehabilitative program. The Secretary of State is | 18 |
| authorized to
cancel a restricted driving permit if the | 19 |
| permit holder does not successfully
complete the program. | 20 |
| However, if an individual's driving privileges have been
| 21 |
| revoked in accordance with paragraph 13 of subsection (a) | 22 |
| of this Section, no
restricted driving permit shall be | 23 |
| issued until the individual has served 6
months of the | 24 |
| revocation period.
| 25 |
| (c-5) (Blank). The Secretary may not issue a restricted | 26 |
| driving permit to any person who has been convicted of a second |
|
|
|
HB3697 Enrolled |
- 31 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| or subsequent violation of Section 6-303 of this Code committed | 2 |
| while his or her driver's license, permit, or privilege was | 3 |
| revoked because of a violation of Section 9-3 of the Criminal | 4 |
| Code of 1961, relating to the offense of reckless homicide, or | 5 |
| a similar provision of a law of another state.
| 6 |
| (c-6) If a person is convicted of a second violation of | 7 |
| operating a motor vehicle while the person's driver's license, | 8 |
| permit or privilege was revoked, where the revocation was for a | 9 |
| violation of Section 9-3 of the Criminal Code of 1961 relating | 10 |
| to the offense of reckless homicide or a similar out-of-state | 11 |
| offense, the person's driving privileges shall be revoked | 12 |
| pursuant to subdivision (a)(15) of this Section. The person may | 13 |
| not make application for a license or permit until the | 14 |
| expiration of five years from the effective date of the | 15 |
| revocation or the expiration of five years from the date of | 16 |
| release from a term of imprisonment, whichever is later. | 17 |
| (c-7) If a person is convicted of a third or subsequent | 18 |
| violation of operating a motor vehicle while the person's | 19 |
| driver's license, permit or privilege was revoked, where the | 20 |
| revocation was for a violation of Section 9-3 of the Criminal | 21 |
| Code of 1961 relating to the offense of reckless homicide or a | 22 |
| similar out-of-state offense, the person may never apply for a | 23 |
| license or permit. | 24 |
| (d)(1) Whenever a person under the age of 21 is convicted | 25 |
| under Section
11-501 of this Code or a similar provision of a | 26 |
| local ordinance or a similar out-of-state offense, the
|
|
|
|
HB3697 Enrolled |
- 32 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| Secretary of State shall revoke the driving privileges of that | 2 |
| person. One
year after the date of revocation, and upon | 3 |
| application, the Secretary of
State may, if satisfied that the | 4 |
| person applying will not endanger the
public safety or welfare, | 5 |
| issue a restricted driving permit granting the
privilege of | 6 |
| driving a motor vehicle only between the hours of 5 a.m. and 9
| 7 |
| p.m. or as otherwise provided by this Section for a period of | 8 |
| one year.
After this one year period, and upon reapplication | 9 |
| for a license as
provided in Section 6-106, upon payment of the | 10 |
| appropriate reinstatement
fee provided under paragraph (b) of | 11 |
| Section 6-118, the Secretary of State,
in his discretion, may
| 12 |
| reinstate the petitioner's driver's license and driving | 13 |
| privileges, or extend the restricted driving permit as many | 14 |
| times as the
Secretary of State deems appropriate, by | 15 |
| additional periods of not more than
12 months each.
| 16 |
| (2) If a person's license or permit is revoked or | 17 |
| suspended due to 2 or
more convictions of violating Section | 18 |
| 11-501 of this Code or a similar
provision of a local | 19 |
| ordinance or a similar out-of-state offense, or Section 9-3 | 20 |
| of the Criminal Code of 1961, where the use of alcohol or | 21 |
| other drugs is recited as an element of the offense, or a | 22 |
| similar out-of-state offense, or a combination of these | 23 |
| offenses, arising out
of separate occurrences, that | 24 |
| person, if issued a restricted driving permit,
may not | 25 |
| operate a vehicle unless it has been equipped with an | 26 |
| ignition
interlock device as defined in Section 1-129.1.
|
|
|
|
HB3697 Enrolled |
- 33 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| (3) If a person's license or permit is revoked or | 2 |
| suspended 2 or more times
within a 10 year period due to | 3 |
| any combination of: | 4 |
| (A) a single conviction of violating Section | 5 |
| 11-501
of this
Code or a similar provision of a local | 6 |
| ordinance or a similar out-of-state
offense, or | 7 |
| Section 9-3 of the Criminal Code of 1961, where the use | 8 |
| of alcohol or other drugs is recited as an element of | 9 |
| the offense, or a similar out-of-state offense; or | 10 |
| (B)
a statutory summary suspension under Section | 11 |
| 11-501.1; or | 12 |
| (C) a suspension pursuant to Section 6-203.1; | 13 |
| arising out of separate occurrences, that person, if issued | 14 |
| a
restricted
driving permit, may not operate a vehicle | 15 |
| unless it has been equipped with an
ignition interlock | 16 |
| device as defined in Section 1-129.1. | 17 |
| (4)
The person issued a permit conditioned upon the use | 18 |
| of an interlock device must pay to the Secretary of State | 19 |
| DUI Administration Fund an amount
not to exceed $30 per | 20 |
| month. The Secretary shall establish by rule the amount
and | 21 |
| the procedures, terms, and conditions relating to these | 22 |
| fees. | 23 |
| (5)
If the restricted driving permit is issued for | 24 |
| employment purposes, then
the prohibition against driving | 25 |
| a vehicle that is not equipped with an ignition interlock | 26 |
| device does not apply to the operation of an occupational |
|
|
|
HB3697 Enrolled |
- 34 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| vehicle
owned or leased by that person's employer when used | 2 |
| solely for employment purposes. | 3 |
| (6) A
restricted driving permit issued under this | 4 |
| Section shall be subject to
cancellation, revocation, and | 5 |
| suspension by the Secretary of State in like
manner and for | 6 |
| like cause as a driver's license issued under this Code may | 7 |
| be
cancelled, revoked, or suspended; except that a | 8 |
| conviction upon one or more
offenses against laws or | 9 |
| ordinances regulating the movement of traffic
shall be | 10 |
| deemed sufficient cause for the revocation, suspension, or
| 11 |
| cancellation of a restricted driving permit.
| 12 |
| (d-5) The revocation of the license, permit, or driving | 13 |
| privileges of a person convicted of a third or subsequent | 14 |
| violation of Section 6-303 of this Code committed while his or | 15 |
| her driver's license, permit, or privilege was revoked because | 16 |
| of a violation of Section 9-3 of the Criminal Code of 1961, | 17 |
| relating to the offense of reckless homicide, or a similar | 18 |
| provision of a law of another state, is permanent. The | 19 |
| Secretary may not, at any time, issue a license or permit to | 20 |
| that person.
| 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.
|
|
|
|
HB3697 Enrolled |
- 35 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| (g) 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 revoked
under any provisions of | 4 |
| this Code.
| 5 |
| (h) The Secretary of State shall require the use of | 6 |
| ignition interlock
devices on all vehicles owned by a person | 7 |
| who has been convicted of a
second or subsequent offense under | 8 |
| Section 11-501 of this Code or a similar
provision of a local | 9 |
| ordinance. The person must pay to the Secretary of State DUI | 10 |
| Administration Fund an amount not to exceed $30 for each month | 11 |
| that he or she uses the device. The Secretary shall establish | 12 |
| by rule and
regulation the procedures for certification and use | 13 |
| of the interlock
system, the amount of the fee, and the | 14 |
| procedures, terms, and conditions relating to these fees.
| 15 |
| (i) (Blank).
| 16 |
| (j) In accordance with 49 C.F.R. 384, the Secretary of | 17 |
| State may not issue a restricted driving permit for the | 18 |
| operation of a commercial motor vehicle to a person holding a | 19 |
| CDL whose driving privileges have been revoked, suspended, | 20 |
| cancelled, or disqualified under any provisions of this Code.
| 21 |
| (Source: P.A. 94-307, eff. 9-30-05; 95-310, eff. 1-1-08; | 22 |
| 95-337, eff. 6-1-08; 95-377, eff. 1-1-08; 95-382, eff. 8-23-07; | 23 |
| 95-627, eff. 6-1-08; 95-848, eff. 1-1-09; 95-876, eff. 8-21-08; | 24 |
| revised 9-10-08.)
| 25 |
| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
|
|
|
|
HB3697 Enrolled |
- 36 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| Sec. 6-206. Discretionary authority to suspend or revoke | 2 |
| license or
permit; Right to a hearing.
| 3 |
| (a) The Secretary of State is authorized to suspend or | 4 |
| revoke the
driving privileges of any person without preliminary | 5 |
| hearing upon a showing
of the person's records or other | 6 |
| sufficient evidence that
the person:
| 7 |
| 1. Has committed an offense for which mandatory | 8 |
| revocation of
a driver's license or permit is required upon | 9 |
| conviction;
| 10 |
| 2. Has been convicted of not less than 3 offenses | 11 |
| against traffic
regulations governing the movement of | 12 |
| vehicles committed within any 12
month period. No | 13 |
| revocation or suspension shall be entered more than
6 | 14 |
| months after the date of last conviction;
| 15 |
| 3. Has been repeatedly involved as a driver in motor | 16 |
| vehicle
collisions or has been repeatedly convicted of | 17 |
| offenses against laws and
ordinances regulating the | 18 |
| movement of traffic, to a degree that
indicates lack of | 19 |
| ability to exercise ordinary and reasonable care in
the | 20 |
| safe operation of a motor vehicle or disrespect for the | 21 |
| traffic laws
and the safety of other persons upon the | 22 |
| highway;
| 23 |
| 4. Has by the unlawful operation of a motor vehicle | 24 |
| caused or
contributed to an accident resulting in death or | 25 |
| injury requiring
immediate professional treatment in a | 26 |
| medical facility or doctor's office
to any person, except |
|
|
|
HB3697 Enrolled |
- 37 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| that any suspension or revocation imposed by the
Secretary | 2 |
| of State under the provisions of this subsection shall | 3 |
| start no
later than 6 months after being convicted of | 4 |
| violating a law or
ordinance regulating the movement of | 5 |
| traffic, which violation is related
to the accident, or | 6 |
| shall start not more than one year
after
the date of the | 7 |
| accident, whichever date occurs later;
| 8 |
| 5. Has permitted an unlawful or fraudulent use of a | 9 |
| driver's
license, identification card, or permit;
| 10 |
| 6. Has been lawfully convicted of an offense or | 11 |
| offenses in another
state, including the authorization | 12 |
| contained in Section 6-203.1, which
if committed within | 13 |
| this State would be grounds for suspension or revocation;
| 14 |
| 7. Has refused or failed to submit to an examination | 15 |
| provided for by
Section 6-207 or has failed to pass the | 16 |
| examination;
| 17 |
| 8. Is ineligible for a driver's license or permit under | 18 |
| the provisions
of Section 6-103;
| 19 |
| 9. Has made a false statement or knowingly concealed a | 20 |
| material fact
or has used false information or | 21 |
| identification in any application for a
license, | 22 |
| identification card, or permit;
| 23 |
| 10. Has possessed, displayed, or attempted to | 24 |
| fraudulently use any
license, identification card, or | 25 |
| permit not issued to the person;
| 26 |
| 11. Has operated a motor vehicle upon a highway of this |
|
|
|
HB3697 Enrolled |
- 38 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| State when
the person's driving privilege or privilege to | 2 |
| obtain a driver's license
or permit was revoked or | 3 |
| suspended unless the operation was authorized by
a | 4 |
| monitoring device driving permit, judicial driving permit | 5 |
| issued prior to January 1, 2009, probationary license to | 6 |
| drive, or a restricted
driving permit issued under this | 7 |
| Code;
| 8 |
| 12. Has submitted to any portion of the application | 9 |
| process for
another person or has obtained the services of | 10 |
| another person to submit to
any portion of the application | 11 |
| process for the purpose of obtaining a
license, | 12 |
| identification card, or permit for some other person;
| 13 |
| 13. Has operated a motor vehicle upon a highway of this | 14 |
| State when
the person's driver's license or permit was | 15 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
| 16 |
| 14. Has committed a violation of Section 6-301, | 17 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 18 |
| of the Illinois Identification Card
Act;
| 19 |
| 15. Has been convicted of violating Section 21-2 of the | 20 |
| Criminal Code
of 1961 relating to criminal trespass to | 21 |
| vehicles in which case, the suspension
shall be for one | 22 |
| year;
| 23 |
| 16. Has been convicted of violating Section 11-204 of | 24 |
| this Code relating
to fleeing from a peace officer;
| 25 |
| 17. Has refused to submit to a test, or tests, as | 26 |
| required under Section
11-501.1 of this Code and the person |
|
|
|
HB3697 Enrolled |
- 39 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| has not sought a hearing as
provided for in Section | 2 |
| 11-501.1;
| 3 |
| 18. Has, since issuance of a driver's license or | 4 |
| permit, been adjudged
to be afflicted with or suffering | 5 |
| from any mental disability or disease;
| 6 |
| 19. Has committed a violation of paragraph (a) or (b) | 7 |
| of Section 6-101
relating to driving without a driver's | 8 |
| license;
| 9 |
| 20. Has been convicted of violating Section 6-104 | 10 |
| relating to
classification of driver's license;
| 11 |
| 21. Has been convicted of violating Section 11-402 of
| 12 |
| this Code relating to leaving the scene of an accident | 13 |
| resulting in damage
to a vehicle in excess of $1,000, in | 14 |
| which case the suspension shall be
for one year;
| 15 |
| 22. Has used a motor vehicle in violating paragraph | 16 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 17 |
| the Criminal Code of 1961 relating
to unlawful use of | 18 |
| weapons, in which case the suspension shall be for one
| 19 |
| year;
| 20 |
| 23. Has, as a driver, been convicted of committing a | 21 |
| violation of
paragraph (a) of Section 11-502 of this Code | 22 |
| for a second or subsequent
time within one year of a | 23 |
| similar violation;
| 24 |
| 24. Has been convicted by a court-martial or punished | 25 |
| by non-judicial
punishment by military authorities of the | 26 |
| United States at a military
installation in Illinois of or |
|
|
|
HB3697 Enrolled |
- 40 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| for a traffic related offense that is the
same as or | 2 |
| similar to an offense specified under Section 6-205 or | 3 |
| 6-206 of
this Code;
| 4 |
| 25. Has permitted any form of identification to be used | 5 |
| by another in
the application process in order to obtain or | 6 |
| attempt to obtain a license,
identification card, or | 7 |
| permit;
| 8 |
| 26. Has altered or attempted to alter a license or has | 9 |
| possessed an
altered license, identification card, or | 10 |
| permit;
| 11 |
| 27. Has violated Section 6-16 of the Liquor Control Act | 12 |
| of 1934;
| 13 |
| 28. Has been convicted of the illegal possession, while | 14 |
| operating or
in actual physical control, as a driver, of a | 15 |
| motor vehicle, of any
controlled substance prohibited | 16 |
| under the Illinois Controlled Substances
Act, any cannabis | 17 |
| prohibited under the Cannabis Control
Act, or any | 18 |
| methamphetamine prohibited under the Methamphetamine | 19 |
| Control and Community Protection Act, in which case the | 20 |
| person's driving privileges shall be suspended for
one | 21 |
| year, and any driver who is convicted of a second or | 22 |
| subsequent
offense, within 5 years of a previous | 23 |
| conviction, for the illegal
possession, while operating or | 24 |
| in actual physical control, as a driver, of
a motor | 25 |
| vehicle, of any controlled substance prohibited under the | 26 |
| Illinois Controlled Substances Act, any cannabis
|
|
|
|
HB3697 Enrolled |
- 41 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| prohibited under the Cannabis Control Act, or any | 2 |
| methamphetamine prohibited under the Methamphetamine | 3 |
| Control and Community Protection Act shall be suspended for | 4 |
| 5 years.
Any defendant found guilty of this offense while | 5 |
| operating a motor vehicle,
shall have an entry made in the | 6 |
| court record by the presiding judge that
this offense did | 7 |
| occur while the defendant was operating a motor vehicle
and | 8 |
| order the clerk of the court to report the violation to the | 9 |
| Secretary
of State;
| 10 |
| 29. Has been convicted of the following offenses that | 11 |
| were committed
while the person was operating or in actual | 12 |
| physical control, as a driver,
of a motor vehicle: criminal | 13 |
| sexual assault,
predatory criminal sexual assault of a | 14 |
| child,
aggravated criminal sexual
assault, criminal sexual | 15 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 16 |
| soliciting for a juvenile prostitute and the manufacture, | 17 |
| sale or
delivery of controlled substances or instruments | 18 |
| used for illegal drug use
or abuse in which case the | 19 |
| driver's driving privileges shall be suspended
for one | 20 |
| year;
| 21 |
| 30. Has been convicted a second or subsequent time for | 22 |
| any
combination of the offenses named in paragraph 29 of | 23 |
| this subsection,
in which case the person's driving | 24 |
| privileges shall be suspended for 5
years;
| 25 |
| 31. Has refused to submit to a test as
required by | 26 |
| Section 11-501.6 or has submitted to a test resulting in
an |
|
|
|
HB3697 Enrolled |
- 42 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| alcohol concentration of 0.08 or more or any amount of a | 2 |
| drug, substance, or
compound resulting from the unlawful | 3 |
| use or consumption of cannabis as listed
in the Cannabis | 4 |
| Control Act, a controlled substance as listed in the | 5 |
| Illinois
Controlled Substances Act, an intoxicating | 6 |
| compound as listed in the Use of
Intoxicating Compounds | 7 |
| Act, or methamphetamine as listed in the Methamphetamine | 8 |
| Control and Community Protection Act, in which case the | 9 |
| penalty shall be
as prescribed in Section 6-208.1;
| 10 |
| 32. Has been convicted of Section 24-1.2 of the | 11 |
| Criminal Code of
1961 relating to the aggravated discharge | 12 |
| of a firearm if the offender was
located in a motor vehicle | 13 |
| at the time the firearm was discharged, in which
case the | 14 |
| suspension shall be for 3 years;
| 15 |
| 33. Has as a driver, who was less than 21 years of age | 16 |
| on the date of
the offense, been convicted a first time of | 17 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 18 |
| or a similar provision of a local ordinance;
| 19 |
| 34. Has committed a violation of Section 11-1301.5 of | 20 |
| this Code;
| 21 |
| 35. Has committed a violation of Section 11-1301.6 of | 22 |
| this Code;
| 23 |
| 36. Is under the age of 21 years at the time of arrest | 24 |
| and has been
convicted of not less than 2 offenses against | 25 |
| traffic regulations governing
the movement of vehicles | 26 |
| committed within any 24 month period. No revocation
or |
|
|
|
HB3697 Enrolled |
- 43 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| suspension shall be entered more than 6 months after the | 2 |
| date of last
conviction;
| 3 |
| 37. Has committed a violation of subsection (c) of | 4 |
| Section 11-907 of this
Code that resulted in damage to the | 5 |
| property of another or the death or injury of another;
| 6 |
| 38. Has been convicted of a violation of Section 6-20 | 7 |
| of the Liquor
Control Act of 1934 or a similar provision of | 8 |
| a local ordinance;
| 9 |
| 39. Has committed a second or subsequent violation of | 10 |
| Section
11-1201 of this Code;
| 11 |
| 40. Has committed a violation of subsection (a-1) of | 12 |
| Section 11-908 of
this Code; | 13 |
| 41. Has committed a second or subsequent violation of | 14 |
| Section 11-605.1 of this Code within 2 years of the date of | 15 |
| the previous violation, in which case the suspension shall | 16 |
| be for 90 days; | 17 |
| 42. Has committed a violation of subsection (a-1) of | 18 |
| Section 11-1301.3 of this Code;
| 19 |
| 43. Has received a disposition of court supervision for | 20 |
| a violation of subsection (a), (d), or (e) of Section 6-20 | 21 |
| of the Liquor
Control Act of 1934 or a similar provision of | 22 |
| a local ordinance, in which case the suspension shall be | 23 |
| for a period of 3 months;
| 24 |
| 44.
Is under the age of 21 years at the time of arrest | 25 |
| and has been convicted of an offense against traffic | 26 |
| regulations governing the movement of vehicles after |
|
|
|
HB3697 Enrolled |
- 44 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| having previously had his or her driving privileges
| 2 |
| suspended or revoked pursuant to subparagraph 36 of this | 3 |
| Section; or | 4 |
| 45.
Has, in connection with or during the course of a | 5 |
| formal hearing conducted under Section 2-118 of this Code: | 6 |
| (i) committed perjury; (ii) submitted fraudulent or | 7 |
| falsified documents; (iii) submitted documents that have | 8 |
| been materially altered; or (iv) submitted, as his or her | 9 |
| own, documents that were in fact prepared or composed for | 10 |
| another person.
| 11 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 12 |
| and 27 of this
subsection, license means any driver's license, | 13 |
| any traffic ticket issued when
the person's driver's license is | 14 |
| deposited in lieu of bail, a suspension
notice issued by the | 15 |
| Secretary of State, a duplicate or corrected driver's
license, | 16 |
| a probationary driver's license or a temporary driver's | 17 |
| license.
| 18 |
| (b) If any conviction forming the basis of a suspension or
| 19 |
| revocation authorized under this Section is appealed, the
| 20 |
| Secretary of State may rescind or withhold the entry of the | 21 |
| order of suspension
or revocation, as the case may be, provided | 22 |
| that a certified copy of a stay
order of a court is filed with | 23 |
| the Secretary of State. If the conviction is
affirmed on | 24 |
| appeal, the date of the conviction shall relate back to the | 25 |
| time
the original judgment of conviction was entered and the 6 | 26 |
| month limitation
prescribed shall not apply.
|
|
|
|
HB3697 Enrolled |
- 45 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| (c) 1. Upon suspending or revoking the driver's license or | 2 |
| permit of
any person as authorized in this Section, the | 3 |
| Secretary of State shall
immediately notify the person in | 4 |
| writing of the revocation or suspension.
The notice to be | 5 |
| deposited in the United States mail, postage prepaid,
to the | 6 |
| last known address of the person.
| 7 |
| 2. If the Secretary of State suspends the driver's | 8 |
| license
of a person under subsection 2 of paragraph (a) of | 9 |
| this Section, a
person's privilege to operate a vehicle as | 10 |
| an occupation shall not be
suspended, provided an affidavit | 11 |
| is properly completed, the appropriate fee
received, and a | 12 |
| permit issued prior to the effective date of the
| 13 |
| suspension, unless 5 offenses were committed, at least 2 of | 14 |
| which occurred
while operating a commercial vehicle in | 15 |
| connection with the driver's
regular occupation. All other | 16 |
| driving privileges shall be suspended by the
Secretary of | 17 |
| State. Any driver prior to operating a vehicle for
| 18 |
| occupational purposes only must submit the affidavit on | 19 |
| forms to be
provided by the Secretary of State setting | 20 |
| forth the facts of the person's
occupation. The affidavit | 21 |
| shall also state the number of offenses
committed while | 22 |
| operating a vehicle in connection with the driver's regular
| 23 |
| occupation. The affidavit shall be accompanied by the | 24 |
| driver's license.
Upon receipt of a properly completed | 25 |
| affidavit, the Secretary of State
shall issue the driver a | 26 |
| permit to operate a vehicle in connection with the
driver's |
|
|
|
HB3697 Enrolled |
- 46 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| regular occupation only. Unless the permit is issued by the
| 2 |
| Secretary of State prior to the date of suspension, the | 3 |
| privilege to drive
any motor vehicle shall be suspended as | 4 |
| set forth in the notice that was
mailed under this Section. | 5 |
| If an affidavit is received subsequent to the
effective | 6 |
| date of this suspension, a permit may be issued for the | 7 |
| remainder
of the suspension period.
| 8 |
| The provisions of this subparagraph shall not apply to | 9 |
| any driver
required to possess a CDL for the purpose of | 10 |
| operating a commercial motor vehicle.
| 11 |
| Any person who falsely states any fact in the affidavit | 12 |
| required
herein shall be guilty of perjury under Section | 13 |
| 6-302 and upon conviction
thereof shall have all driving | 14 |
| privileges revoked without further rights.
| 15 |
| 3. At the conclusion of a hearing under Section 2-118 | 16 |
| of this Code,
the Secretary of State shall either rescind | 17 |
| or continue an order of
revocation or shall substitute an | 18 |
| order of suspension; or, good
cause appearing therefor, | 19 |
| rescind, continue, change, or extend the
order of | 20 |
| suspension. If the Secretary of State does not rescind the | 21 |
| order,
the Secretary may upon application,
to relieve undue | 22 |
| hardship (as defined by the rules of the Secretary of | 23 |
| State), 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 the petitioner's |
|
|
|
HB3697 Enrolled |
- 47 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| employment related duties, or to
allow the petitioner to | 2 |
| transport himself or herself, or a family member of the
| 3 |
| petitioner's household to a medical facility, to receive | 4 |
| necessary medical care, to allow the petitioner to | 5 |
| transport himself or herself to and from alcohol or drug
| 6 |
| remedial or rehabilitative activity recommended by a | 7 |
| licensed service provider, or to allow the petitioner to | 8 |
| transport himself or herself or a family member of the | 9 |
| petitioner's household to classes, as a student, at an | 10 |
| accredited educational institution, or to allow the | 11 |
| petitioner to transport children living in the | 12 |
| petitioner's household to and from daycare. The
petitioner | 13 |
| must demonstrate that no alternative means of
| 14 |
| transportation is reasonably available and that the | 15 |
| petitioner will not endanger
the public safety or welfare. | 16 |
| Those multiple offenders identified in subdivision (b)4 of | 17 |
| Section 6-208 of this Code, however, shall not be eligible | 18 |
| for the issuance of a restricted driving permit.
| 19 |
|
(A) If a person's license or permit is revoked or | 20 |
| suspended due to 2
or more convictions of violating | 21 |
| Section 11-501 of this Code or a similar
provision of a | 22 |
| local ordinance or a similar out-of-state offense, or | 23 |
| Section 9-3 of the Criminal Code of 1961, where the use | 24 |
| of alcohol or other drugs is recited as an element of | 25 |
| the offense, or a similar out-of-state offense, or a | 26 |
| combination of these offenses, arising out
of separate |
|
|
|
HB3697 Enrolled |
- 48 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| occurrences, that person, if issued a restricted | 2 |
| driving permit,
may not operate a vehicle unless it has | 3 |
| been equipped with an ignition
interlock device as | 4 |
| defined in Section 1-129.1.
| 5 |
| (B) If a person's license or permit is revoked or | 6 |
| suspended 2 or more
times within a 10 year period due | 7 |
| to any combination of: | 8 |
| (i) a single conviction of violating Section
| 9 |
| 11-501 of this Code or a similar provision of a | 10 |
| local ordinance or a similar
out-of-state offense | 11 |
| or Section 9-3 of the Criminal Code of 1961, where | 12 |
| the use of alcohol or other drugs is recited as an | 13 |
| element of the offense, or a similar out-of-state | 14 |
| offense; or | 15 |
| (ii) a statutory summary suspension under | 16 |
| Section
11-501.1; or | 17 |
| (iii) a suspension under Section 6-203.1; | 18 |
| arising out of
separate occurrences; that person, if | 19 |
| issued a restricted driving permit, may
not operate a | 20 |
| vehicle unless it has been
equipped with an ignition | 21 |
| interlock device as defined in Section 1-129.1. | 22 |
| (C)
The person issued a permit conditioned upon the | 23 |
| use of an ignition interlock device must pay to the | 24 |
| Secretary of State DUI Administration Fund an amount
| 25 |
| not to exceed $30 per month. The Secretary shall | 26 |
| establish by rule the amount
and the procedures, terms, |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| and conditions relating to these fees. | 2 |
| (D) If the
restricted driving permit is issued for | 3 |
| employment purposes, then the prohibition against | 4 |
| operating a motor vehicle that is not equipped with an | 5 |
| ignition interlock device does not apply to the | 6 |
| operation of an occupational vehicle owned or
leased by | 7 |
| that person's employer when used solely for employment | 8 |
| purposes. | 9 |
| (E) In each case the Secretary may issue a
| 10 |
| restricted driving permit for a period deemed | 11 |
| appropriate, except that all
permits shall expire | 12 |
| within one year from the date of issuance. The | 13 |
| Secretary
may not, however, issue a restricted driving | 14 |
| permit to any person whose current
revocation is the | 15 |
| result of a second or subsequent conviction for a | 16 |
| violation
of Section 11-501 of this Code or a similar | 17 |
| provision of a local ordinance
or any similar | 18 |
| out-of-state offense, or Section 9-3 of the Criminal | 19 |
| Code of 1961, where the use of alcohol or other drugs | 20 |
| is recited as an element of the offense, or any similar | 21 |
| out-of-state offense, or any combination
of those | 22 |
| offenses, until the expiration of at least one year | 23 |
| from the date of
the revocation. A
restricted driving | 24 |
| permit issued under this Section shall be subject to
| 25 |
| cancellation, revocation, and suspension by the | 26 |
| Secretary of State in like
manner and for like cause as |
|
|
|
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LRB096 11603 AJT 22103 b |
|
| 1 |
| a driver's license issued under this Code may be
| 2 |
| cancelled, revoked, or suspended; except that a | 3 |
| conviction upon one or more
offenses against laws or | 4 |
| ordinances regulating the movement of traffic
shall be | 5 |
| deemed sufficient cause for the revocation, | 6 |
| suspension, or
cancellation of a restricted driving | 7 |
| permit. The Secretary of State may, as
a condition to | 8 |
| the issuance of a restricted driving permit, require | 9 |
| the
applicant to participate in a designated driver | 10 |
| remedial or rehabilitative
program. The Secretary of | 11 |
| State is authorized to cancel a restricted
driving | 12 |
| permit if the permit holder does not successfully | 13 |
| complete the program.
| 14 |
| (c-3) In the case of a suspension under paragraph 43 of | 15 |
| subsection (a), reports received by the Secretary of State | 16 |
| under this Section shall, except during the actual time the | 17 |
| suspension is in effect, be privileged information and for use | 18 |
| only by the courts, police officers, prosecuting authorities, | 19 |
| the driver licensing administrator of any other state, or the | 20 |
| Secretary of State , or the parent or legal guardian of a driver | 21 |
| under the age of 18 . However, beginning January 1, 2008, if the | 22 |
| person is a CDL holder, the suspension shall also be made | 23 |
| available to the driver licensing administrator of any other | 24 |
| state, the U.S. Department of Transportation, and the affected | 25 |
| driver or motor
carrier or prospective motor carrier upon | 26 |
| request.
|
|
|
|
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LRB096 11603 AJT 22103 b |
|
| 1 |
| (c-4) In the case of a suspension under paragraph 43 of | 2 |
| subsection (a), the Secretary of State shall notify the person | 3 |
| by mail that his or her driving privileges and driver's license | 4 |
| will be suspended one month after the date of the mailing of | 5 |
| the notice.
| 6 |
| (c-5) The Secretary of State may, as a condition of the | 7 |
| reissuance of a
driver's license or permit to an applicant | 8 |
| whose driver's license or permit has
been suspended before he | 9 |
| or she reached the age of 21 18 years pursuant to any of
the | 10 |
| provisions of this Section, require the applicant to | 11 |
| participate in a
driver remedial education course and be | 12 |
| retested under Section 6-109 of this
Code.
| 13 |
| (d) This Section is subject to the provisions of the | 14 |
| Drivers License
Compact.
| 15 |
| (e) The Secretary of State shall not issue a restricted | 16 |
| driving permit to
a person under the age of 16 years whose | 17 |
| driving privileges have been suspended
or revoked under any | 18 |
| provisions of this Code.
| 19 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of | 20 |
| State may not issue a restricted driving permit for the | 21 |
| operation of a commercial motor vehicle to a person holding a | 22 |
| CDL whose driving privileges have been suspended, revoked, | 23 |
| cancelled, or disqualified under any provisions of this Code. | 24 |
| (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; | 25 |
| 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; | 26 |
| 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| 95-848, eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; | 2 |
| revised 9-5-08.)
| 3 |
| (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| 4 |
| Sec. 6-208. Period of Suspension - Application After | 5 |
| Revocation.
| 6 |
| (a) Except as otherwise provided by this Code or any other | 7 |
| law of this
State, the Secretary of State shall not suspend a | 8 |
| driver's license,
permit, or privilege to drive a motor vehicle | 9 |
| on the highways for a
period of more than one year.
| 10 |
| (b) Any person whose license, permit, or privilege to drive | 11 |
| a motor
vehicle on the highways has been revoked shall not be | 12 |
| entitled to have
such license, permit, or privilege renewed or | 13 |
| restored. However, such
person may, except as provided under | 14 |
| subsections (d) and (d-5) of Section 6-205, make
application | 15 |
| for a license pursuant to Section 6-106 (i) if the revocation
| 16 |
| was
for a cause that
has been removed or (ii) as provided in | 17 |
| the following
subparagraphs:
| 18 |
| 1. Except as provided in subparagraphs 1.5, 2, 3,
4, | 19 |
| and 5,
the person may make application for a license (A) | 20 |
| after the expiration of one
year from the effective date of | 21 |
| the revocation, (B) in the case of a violation of paragraph | 22 |
| (b) of Section 11-401 of this
Code or a similar provision | 23 |
| of a local ordinance, after the expiration of 3
years from | 24 |
| the effective date of the revocation, or
(C) in the case of | 25 |
| a violation
of Section 9-3 of the Criminal Code of 1961 or |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| a similar provision of a law of another state relating to | 2 |
| the offense of reckless
homicide or a violation of | 3 |
| subparagraph (F) of paragraph 1 of subsection (d) of | 4 |
| Section 11-501 of this Code relating to aggravated driving | 5 |
| under the influence of alcohol, other drug or drugs, | 6 |
| intoxicating compound or compounds, or any combination | 7 |
| thereof, if the violation was the proximate cause of a | 8 |
| death, after the expiration of 2 years from the effective | 9 |
| date of the
revocation
or after the expiration of 24 months | 10 |
| from the date of release from
a
period of imprisonment as | 11 |
| provided in Section
6-103 of this Code, whichever is later.
| 12 |
| 1.5. If the person is convicted of a violation of | 13 |
| Section 6-303 of this Code committed while his or her | 14 |
| driver's license, permit, or privilege was revoked because | 15 |
| of a violation of Section 9-3 of the Criminal Code of 1961, | 16 |
| relating to the offense of reckless homicide, or a similar | 17 |
| provision of a law of another state, the person may not | 18 |
| make application for a license or permit until the | 19 |
| expiration of 3 years from the effective date of the | 20 |
| conviction most recent revocation .
| 21 |
| 2. If such person is convicted of committing a second | 22 |
| violation within a 20-year
period of:
| 23 |
| (A) Section 11-501 of this Code or a similar | 24 |
| provision of a local
ordinance;
| 25 |
| (B) Paragraph (b) of Section 11-401 of this Code or | 26 |
| a similar
provision
of a local ordinance;
|
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| (C) Section 9-3 of the Criminal Code of 1961, | 2 |
| relating
to the
offense of reckless homicide; or
| 3 |
| (D) any combination of the above offenses | 4 |
| committed at different
instances;
| 5 |
| then such person may not make application for a license | 6 |
| until after
the expiration of 5 years from the effective | 7 |
| date of the most recent
revocation. The 20-year
period | 8 |
| shall be computed by using the dates the
offenses were | 9 |
| committed and shall also include similar out-of-state
| 10 |
| offenses and similar offenses committed on a military | 11 |
| installation.
| 12 |
| 2.5. If a person is convicted of a second violation of | 13 |
| Section 6-303 of this Code committed while the person's | 14 |
| driver's license, permit, or privilege was revoked because | 15 |
| of a violation of Section 9-3 of the Criminal Code of 1961, | 16 |
| relating to the offense of reckless homicide, or a similar | 17 |
| provision of a law of another state, the person may not | 18 |
| make application for a license or permit until the | 19 |
| expiration of 5 years from the date of release from a term | 20 |
| of imprisonment.
| 21 |
| 3. However, except as provided in subparagraph 4, if | 22 |
| such person is
convicted of committing a third or
| 23 |
| subsequent violation or any combination of the above | 24 |
| offenses, including
similar out-of-state offenses and | 25 |
| similar offenses committed on a military installation, | 26 |
| contained in subparagraph 2, then such person
may not make |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| application for a license until after the expiration of 10 | 2 |
| years
from the effective date of the most recent | 3 |
| revocation.
| 4 |
| 4. The person may not make application for a license if | 5 |
| the person is
convicted of committing a fourth or | 6 |
| subsequent
violation of Section 11-501 of this Code or a | 7 |
| similar provision of a local
ordinance, Section 11-401 of | 8 |
| this Code, Section 9-3 of the
Criminal Code of 1961, or
a | 9 |
| combination of these offenses,
similar provisions of local | 10 |
| ordinances,
similar out-of-state offenses, or similar | 11 |
| offenses committed on a military installation.
| 12 |
| 5. The person may not make application for a license or | 13 |
| permit if the person is convicted of a third or subsequent | 14 |
| violation of Section 6-303 of this Code committed while his | 15 |
| or her driver's license, permit, or privilege was revoked | 16 |
| because of a violation of Section 9-3 of the Criminal Code | 17 |
| of 1961, relating to the offense of reckless homicide, or a | 18 |
| similar provision of a law of another state.
| 19 |
| Notwithstanding any other provision of this Code, all | 20 |
| persons referred to
in this paragraph (b) may not have their | 21 |
| privileges restored until the
Secretary receives payment of the | 22 |
| required reinstatement fee pursuant to
subsection (b) of | 23 |
| Section 6-118.
| 24 |
| In no event shall the Secretary issue such license
unless | 25 |
| and until such person has had a hearing pursuant to this Code | 26 |
| and
the appropriate administrative rules and the Secretary is
|
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| satisfied, after a review or investigation of such person, that
| 2 |
| to grant the privilege of driving a motor vehicle on the | 3 |
| highways will
not endanger the public safety or welfare.
| 4 |
| (c) (Blank).
| 5 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-355, eff. 1-1-08; | 6 |
| 95-377, eff. 1-1-08; 95-876, eff. 8-21-08.)
| 7 |
| (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 8 |
| (Text of Section before amendment by P.A. 95-991 ) | 9 |
| Sec. 6-303. Driving while driver's license, permit or | 10 |
| privilege to
operate a motor vehicle is suspended or revoked.
| 11 |
| (a) Except as otherwise provided in subsection (a-5), any | 12 |
| person who drives or is in actual physical control of a motor
| 13 |
| vehicle on any highway of this State at a time when such | 14 |
| person's driver's
license, permit or privilege to do so or the | 15 |
| privilege to obtain a driver's
license or permit is revoked or | 16 |
| suspended as provided by this Code or the law
of another state, | 17 |
| except as may be specifically allowed by a judicial driving
| 18 |
| permit issued prior to January 1, 2009, monitoring device | 19 |
| driving permit, family financial responsibility driving | 20 |
| permit, probationary
license to drive, or a restricted driving | 21 |
| permit issued pursuant to this Code
or under the law of another | 22 |
| state, shall be guilty of a Class A misdemeanor.
| 23 |
| (a-5) Any person who violates this Section as provided in | 24 |
| subsection (a) while his or her driver's license, permit or | 25 |
| privilege is revoked because of a violation of Section 9-3 of |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| the Criminal Code of 1961, relating to the offense of reckless | 2 |
| homicide or a similar provision of a law of another state, is | 3 |
| guilty of a Class 4 felony. The person shall be required to | 4 |
| undergo a professional evaluation, as provided in Section | 5 |
| 11-501 of this Code, to determine if an alcohol, drug, or | 6 |
| intoxicating compound problem exists and the extent of the | 7 |
| problem, and to undergo the imposition of treatment as | 8 |
| appropriate.
| 9 |
| (b) (Blank). The Secretary of State upon receiving a report | 10 |
| of the conviction
of any violation indicating a person was | 11 |
| operating a motor vehicle during
the time when said person's | 12 |
| driver's license, permit or privilege was
suspended by the | 13 |
| Secretary, by the appropriate authority of another state,
or | 14 |
| pursuant to Section 11-501.1; except as may
be specifically | 15 |
| allowed by a probationary license to drive, judicial
driving | 16 |
| permit issued prior to January 1, 2009, monitoring device | 17 |
| driving permit, or restricted driving permit issued pursuant to | 18 |
| this Code or
the law of another state;
shall extend the | 19 |
| suspension for the same period of time as the originally
| 20 |
| imposed suspension; however, if the period of suspension has | 21 |
| then expired,
the Secretary shall be authorized to suspend said | 22 |
| person's driving
privileges for the same period of time as the | 23 |
| originally imposed
suspension. | 24 |
| (b-1) Upon receiving a report of the conviction of any | 25 |
| violation indicating a person was operating a motor vehicle | 26 |
| during the time when the person's driver's license, permit or |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| privilege was suspended by the Secretary of State or the | 2 |
| driver's licensing administrator of another state, except as | 3 |
| specifically allowed by a probationary license, judicial | 4 |
| driving permit, restricted driving permit or monitoring device | 5 |
| driving permit the Secretary shall extend the suspension for | 6 |
| the same period of time as the originally imposed suspension | 7 |
| unless the suspension has already expired, in which case the | 8 |
| Secretary shall be authorized to suspend the person's driving | 9 |
| privileges for the same period of time as the originally | 10 |
| imposed suspension. | 11 |
| (b-2) Except as provided in subsection (b-6), upon | 12 |
| receiving a report of the conviction of any violation | 13 |
| indicating a person was operating a motor vehicle when the | 14 |
| person's driver's license, permit or privilege was revoked by | 15 |
| the Secretary of State or the driver's license administrator of | 16 |
| any other state, except as specifically allowed by a restricted | 17 |
| driving permit issued pursuant to this Code or the law of | 18 |
| another state, the Secretary shall not issue a driver's license | 19 |
| for an additional period of one year from the date of such | 20 |
| conviction indicating such person was operating a vehicle | 21 |
| during such period of revocation. | 22 |
| (b-3) (Blank). When the Secretary of State receives a | 23 |
| report of a conviction of any violation indicating that a
| 24 |
| vehicle was operated during the time when the person's driver's | 25 |
| license,
permit or privilege was revoked, except as may be | 26 |
| allowed by a restricted
driving permit issued pursuant to this |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| Code or the law of another state,
the Secretary shall not issue
| 2 |
| a driver's license to that person for an additional period of | 3 |
| one year from the date of
such conviction.
| 4 |
| (b-4)
When the Secretary of State receives a report of a | 5 |
| conviction of any violation indicating a person was operating a | 6 |
| motor vehicle that was not equipped with an ignition interlock | 7 |
| device during a time when the person was prohibited from | 8 |
| operating a motor vehicle not equipped with such a device, the | 9 |
| Secretary shall not issue a driver's license to that person for | 10 |
| an additional period of one year from the date of the | 11 |
| conviction.
| 12 |
| (b-5) Any person convicted of violating this Section shall | 13 |
| serve a minimum
term of imprisonment of 30 consecutive days or | 14 |
| 300
hours of community service
when the person's driving | 15 |
| privilege was revoked or suspended as a result of a violation | 16 |
| of Section 9-3 of the Criminal Code of 1961, as amended,
| 17 |
| relating to the offense of reckless homicide, or a similar | 18 |
| provision of a law of another state.
| 19 |
| (b-6) Upon receiving a report of a first conviction of | 20 |
| operating a motor vehicle while the person's driver's license, | 21 |
| permit or privilege was revoked where the revocation was for a | 22 |
| violation of Section 9-3 of the Criminal Code of 1961 relating | 23 |
| to the offense of reckless homicide or a similar out-of-state | 24 |
| offense, the Secretary shall not issue a driver's license for | 25 |
| an additional period of three years from the date of such | 26 |
| conviction. |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| (c) Except as provided in subsections (c-3) and (c-4), any | 2 |
| person convicted of violating this Section shall serve a | 3 |
| minimum
term of imprisonment of 10 consecutive days or 30
days | 4 |
| of community service
when the person's driving privilege was | 5 |
| revoked or suspended as a result of:
| 6 |
| (1) a violation of Section 11-501 of this Code or a | 7 |
| similar provision
of a local ordinance relating to the | 8 |
| offense of operating or being in physical
control of a | 9 |
| vehicle while under the influence of alcohol, any other | 10 |
| drug
or any combination thereof; or
| 11 |
| (2) a violation of paragraph (b) of Section 11-401 of | 12 |
| this Code or a
similar provision of a local ordinance | 13 |
| relating to the offense of leaving the
scene of a motor | 14 |
| vehicle accident involving personal injury or death; or
| 15 |
| (3)
a statutory summary suspension under Section | 16 |
| 11-501.1 of this
Code.
| 17 |
| Such sentence of imprisonment or community service shall | 18 |
| not be subject
to suspension in order to reduce such sentence.
| 19 |
| (c-1) Except as provided in subsections (c-5) and (d), any | 20 |
| person convicted of a
second violation of this Section shall be | 21 |
| ordered by the court to serve a
minimum
of 100 hours of | 22 |
| community service.
| 23 |
| (c-2) In addition to other penalties imposed under this | 24 |
| Section, the
court may impose on any person convicted a fourth | 25 |
| time of violating this
Section any of
the following:
| 26 |
| (1) Seizure of the license plates of the person's |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| vehicle.
| 2 |
| (2) Immobilization of the person's vehicle for a period | 3 |
| of time
to be determined by the court.
| 4 |
| (c-3) Any person convicted of a violation of this Section | 5 |
| during a period of summary suspension imposed pursuant to | 6 |
| Section 11-501.1 when the person was eligible for a MDDP shall | 7 |
| be guilty of a Class 4 felony and shall serve a minimum term of | 8 |
| imprisonment of 30 days. | 9 |
| (c-4) Any person who has been issued a MDDP and who is | 10 |
| convicted of a violation of this Section as a result of | 11 |
| operating or being in actual physical control of a motor | 12 |
| vehicle not equipped with an ignition interlock device at the | 13 |
| time of the offense shall be guilty of a Class 4 felony and | 14 |
| shall serve a minimum term of imprisonment of 30 days.
| 15 |
| (c-5) Any person convicted of a second violation of this
| 16 |
| Section is guilty of a Class 2 felony, is not eligible for | 17 |
| probation or conditional discharge, and shall serve a mandatory | 18 |
| term of
imprisonment, if the
revocation or
suspension was for a | 19 |
| violation of Section 9-3 of the Criminal Code of 1961, relating
| 20 |
| to the offense of reckless homicide, or a similar out-of-state | 21 |
| offense.
| 22 |
| (d) Any person convicted of a second violation of this
| 23 |
| Section shall be guilty of a Class 4 felony and shall serve a | 24 |
| minimum term of
imprisonment of 30 days or 300 hours of | 25 |
| community service, as determined by the
court, if the
| 26 |
| revocation or
suspension was for a violation of Section 11-401 |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| or 11-501 of this Code,
or a similar out-of-state offense, or a | 2 |
| similar provision of a local
ordinance, or a
statutory summary | 3 |
| suspension under Section 11-501.1 of this Code.
| 4 |
| (d-1) Except as provided in subsections (d-2), (d-2.5), and | 5 |
| (d-3), any
person convicted of
a third or subsequent violation | 6 |
| of this Section shall serve a minimum term of
imprisonment of | 7 |
| 30 days or 300 hours of community service, as determined by the
| 8 |
| court.
| 9 |
| (d-2) Any person convicted of a third violation of this
| 10 |
| Section is guilty of a Class 4 felony and must serve a minimum | 11 |
| term of
imprisonment of 30 days if the revocation or
suspension | 12 |
| was for a violation of Section 11-401 or 11-501 of this Code,
| 13 |
| or a similar out-of-state offense, or a similar provision of a | 14 |
| local
ordinance, or a
statutory summary suspension under | 15 |
| Section 11-501.1 of this Code.
| 16 |
| (d-2.5) Any person convicted of a third violation of this
| 17 |
| Section is guilty of a Class 1 felony, is not eligible for | 18 |
| probation or conditional discharge, and must serve a mandatory | 19 |
| term of
imprisonment if the revocation or
suspension was for a | 20 |
| violation of Section 9-3 of the Criminal Code of 1961, relating | 21 |
| to the offense of reckless homicide, or a similar out-of-state | 22 |
| offense.
The person's driving privileges shall be revoked for | 23 |
| the remainder of the person's life. | 24 |
| (d-3) Any person convicted of a fourth, fifth, sixth, | 25 |
| seventh, eighth, or ninth violation of this
Section is guilty | 26 |
| of a Class 4 felony and must serve a minimum term of
|
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| imprisonment of 180 days if the revocation or suspension was | 2 |
| for a
violation of Section 11-401 or 11-501 of this Code, or a | 3 |
| similar out-of-state
offense, or a similar provision of a local | 4 |
| ordinance, or a statutory
summary suspension under Section | 5 |
| 11-501.1 of this Code.
| 6 |
| (d-3.5) Any person convicted of a fourth or subsequent | 7 |
| violation of this
Section is guilty of a Class 1 felony, is not | 8 |
| eligible for probation or conditional discharge, and must serve | 9 |
| a mandatory term of
imprisonment, and is eligible for an | 10 |
| extended term, if the revocation or suspension was for a
| 11 |
| violation of Section 9-3 of the Criminal Code of 1961, relating | 12 |
| to the offense of reckless homicide, or a similar out-of-state | 13 |
| offense.
| 14 |
| (d-4) Any person convicted of a tenth, eleventh, twelfth, | 15 |
| thirteenth, or fourteenth violation of this Section is guilty | 16 |
| of a Class 3 felony, and is not eligible for probation or | 17 |
| conditional discharge, if the revocation or suspension was for | 18 |
| a violation of Section 11-401 or 11-501 of this Code, or a | 19 |
| similar out-of-state offense, or a similar provision of a local | 20 |
| ordinance, or a statutory summary suspension under Section | 21 |
| 11-501.1 of this Code. | 22 |
| (d-5) Any person convicted of a fifteenth or subsequent | 23 |
| violation of this Section is guilty of a Class 2 felony, and is | 24 |
| not eligible for probation or conditional discharge, if the | 25 |
| revocation or suspension was for a violation of Section 11-401 | 26 |
| or 11-501 of this Code, or a similar out-of-state offense, or a |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| similar provision of a local ordinance, or a statutory summary | 2 |
| suspension under Section 11-501.1 of this Code.
| 3 |
| (e) Any person in violation of this Section who is also in | 4 |
| violation of
Section 7-601 of this Code relating to mandatory | 5 |
| insurance requirements, in
addition to other penalties imposed | 6 |
| under this Section, shall have his or her
motor vehicle | 7 |
| immediately impounded by the arresting law enforcement | 8 |
| officer.
The motor vehicle may be released to any licensed | 9 |
| driver upon a showing of
proof of insurance for the vehicle | 10 |
| that was impounded and the notarized written
consent for the | 11 |
| release by the vehicle owner.
| 12 |
| (f) For any prosecution under this Section, a certified | 13 |
| copy of the
driving abstract of the defendant shall be admitted | 14 |
| as proof of any prior
conviction.
| 15 |
| (g) The motor vehicle used in a violation of this Section | 16 |
| is subject
to seizure and forfeiture as provided in Sections | 17 |
| 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 18 |
| driving privilege was revoked
or suspended as a result of a | 19 |
| violation listed in paragraph (1), (2), or
(3) of subsection | 20 |
| (c) of this Section or as a result of a summary
suspension as | 21 |
| provided in paragraph (4) of subsection (c) of this
Section.
| 22 |
| (Source: P.A. 94-112, eff. 1-1-06; 95-27, eff. 1-1-08; 95-377, | 23 |
| eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, | 24 |
| eff. 8-21-08.)
| 25 |
| (Text of Section after amendment by P.A. 95-991 ) |
|
|
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HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| Sec. 6-303. Driving while driver's license, permit or | 2 |
| privilege to
operate a motor vehicle is suspended or revoked.
| 3 |
| (a) Except as otherwise provided in subsection (a-5), any | 4 |
| person who drives or is in actual physical control of a motor
| 5 |
| vehicle on any highway of this State at a time when such | 6 |
| person's driver's
license, permit or privilege to do so or the | 7 |
| privilege to obtain a driver's
license or permit is revoked or | 8 |
| suspended as provided by this Code or the law
of another state, | 9 |
| except as may be specifically allowed by a judicial driving
| 10 |
| permit issued prior to January 1, 2009, monitoring device | 11 |
| driving permit, family financial responsibility driving | 12 |
| permit, probationary
license to drive, or a restricted driving | 13 |
| permit issued pursuant to this Code
or under the law of another | 14 |
| state, shall be guilty of a Class A misdemeanor.
| 15 |
| (a-5) Any person who violates this Section as provided in | 16 |
| subsection (a) while his or her driver's license, permit or | 17 |
| privilege is revoked because of a violation of Section 9-3 of | 18 |
| the Criminal Code of 1961, relating to the offense of reckless | 19 |
| homicide or a similar provision of a law of another state, is | 20 |
| guilty of a Class 4 felony. The person shall be required to | 21 |
| undergo a professional evaluation, as provided in Section | 22 |
| 11-501 of this Code, to determine if an alcohol, drug, or | 23 |
| intoxicating compound problem exists and the extent of the | 24 |
| problem, and to undergo the imposition of treatment as | 25 |
| appropriate.
| 26 |
| (b) (Blank). The Secretary of State upon receiving a report |
|
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HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| of the conviction
of any violation indicating a person was | 2 |
| operating a motor vehicle during
the time when said person's | 3 |
| driver's license, permit or privilege was
suspended by the | 4 |
| Secretary, by the appropriate authority of another state,
or | 5 |
| pursuant to Section 11-501.1; except as may
be specifically | 6 |
| allowed by a probationary license to drive, judicial
driving | 7 |
| permit issued prior to January 1, 2009, monitoring device | 8 |
| driving permit, or restricted driving permit issued pursuant to | 9 |
| this Code or
the law of another state;
shall extend the | 10 |
| suspension for the same period of time as the originally
| 11 |
| imposed suspension; however, if the period of suspension has | 12 |
| then expired,
the Secretary shall be authorized to suspend said | 13 |
| person's driving
privileges for the same period of time as the | 14 |
| originally imposed
suspension. | 15 |
| (b-1) Upon receiving a report of the conviction of any | 16 |
| violation indicating a person was operating a motor vehicle | 17 |
| during the time when the person's driver's license, permit or | 18 |
| privilege was suspended by the Secretary of State or the | 19 |
| driver's licensing administrator of another state, except as | 20 |
| specifically allowed by a probationary license, judicial | 21 |
| driving permit, restricted driving permit or monitoring device | 22 |
| driving permit the Secretary shall extend the suspension for | 23 |
| the same period of time as the originally imposed suspension | 24 |
| unless the suspension has already expired, in which case the | 25 |
| Secretary shall be authorized to suspend the person's driving | 26 |
| privileges for the same period of time as the originally |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| imposed suspension. | 2 |
| (b-2) Except as provided in subsection (b-6), upon | 3 |
| receiving a report of the conviction of any violation | 4 |
| indicating a person was operating a motor vehicle when the | 5 |
| person's driver's license, permit or privilege was revoked by | 6 |
| the Secretary of State or the driver's license administrator of | 7 |
| any other state, except as specifically allowed by a restricted | 8 |
| driving permit issued pursuant to this Code or the law of | 9 |
| another state, the Secretary shall not issue a driver's license | 10 |
| for an additional period of one year from the date of such | 11 |
| conviction indicating such person was operating a vehicle | 12 |
| during such period of revocation. | 13 |
| (b-3) (Blank). When the Secretary of State receives a | 14 |
| report of a conviction of any violation indicating that a
| 15 |
| vehicle was operated during the time when the person's driver's | 16 |
| license,
permit or privilege was revoked, except as may be | 17 |
| allowed by a restricted
driving permit issued pursuant to this | 18 |
| Code or the law of another state,
the Secretary shall not issue
| 19 |
| a driver's license to that person for an additional period of | 20 |
| one year from the date of
such conviction.
| 21 |
| (b-4) When the Secretary of State receives a report of a | 22 |
| conviction of any violation indicating a person was operating a | 23 |
| motor vehicle that was not equipped with an ignition interlock | 24 |
| device during a time when the person was prohibited from | 25 |
| operating a motor vehicle not equipped with such a device, the | 26 |
| Secretary shall not issue a driver's license to that person for |
|
|
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HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| an additional period of one year from the date of the | 2 |
| conviction.
| 3 |
| (b-5) Any person convicted of violating this Section shall | 4 |
| serve a minimum
term of imprisonment of 30 consecutive days or | 5 |
| 300
hours of community service
when the person's driving | 6 |
| privilege was revoked or suspended as a result of a violation | 7 |
| of Section 9-3 of the Criminal Code of 1961, as amended,
| 8 |
| relating to the offense of reckless homicide, or a similar | 9 |
| provision of a law of another state.
| 10 |
| (b-6) Upon receiving a report of a first conviction of | 11 |
| operating a motor vehicle while the person's driver's license, | 12 |
| permit or privilege was revoked where the revocation was for a | 13 |
| violation of Section 9-3 of the Criminal Code of 1961 relating | 14 |
| to the offense of reckless homicide or a similar out-of-state | 15 |
| offense, the Secretary shall not issue a driver's license for | 16 |
| an additional period of three years from the date of such | 17 |
| conviction. | 18 |
| (c) Except as provided in subsections (c-3) and (c-4), any | 19 |
| person convicted of violating this Section shall serve a | 20 |
| minimum
term of imprisonment of 10 consecutive days or 30
days | 21 |
| of community service
when the person's driving privilege was | 22 |
| revoked or suspended as a result of:
| 23 |
| (1) a violation of Section 11-501 of this Code or a | 24 |
| similar provision
of a local ordinance relating to the | 25 |
| offense of operating or being in physical
control of a | 26 |
| vehicle while under the influence of alcohol, any other |
|
|
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HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| drug
or any combination thereof; or
| 2 |
| (2) a violation of paragraph (b) of Section 11-401 of | 3 |
| this Code or a
similar provision of a local ordinance | 4 |
| relating to the offense of leaving the
scene of a motor | 5 |
| vehicle accident involving personal injury or death; or
| 6 |
| (3)
a statutory summary suspension under Section | 7 |
| 11-501.1 of this
Code.
| 8 |
| Such sentence of imprisonment or community service shall | 9 |
| not be subject
to suspension in order to reduce such sentence.
| 10 |
| (c-1) Except as provided in subsections (c-5) and (d), any | 11 |
| person convicted of a
second violation of this Section shall be | 12 |
| ordered by the court to serve a
minimum
of 100 hours of | 13 |
| community service.
| 14 |
| (c-2) In addition to other penalties imposed under this | 15 |
| Section, the
court may impose on any person convicted a fourth | 16 |
| time of violating this
Section any of
the following:
| 17 |
| (1) Seizure of the license plates of the person's | 18 |
| vehicle.
| 19 |
| (2) Immobilization of the person's vehicle for a period | 20 |
| of time
to be determined by the court.
| 21 |
| (c-3) Any person convicted of a violation of this Section | 22 |
| during a period of summary suspension imposed pursuant to | 23 |
| Section 11-501.1 when the person was eligible for a MDDP shall | 24 |
| be guilty of a Class 4 felony and shall serve a minimum term of | 25 |
| imprisonment of 30 days. | 26 |
| (c-4) Any person who has been issued a MDDP and who is |
|
|
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HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| convicted of a violation of this Section as a result of | 2 |
| operating or being in actual physical control of a motor | 3 |
| vehicle not equipped with an ignition interlock device at the | 4 |
| time of the offense shall be guilty of a Class 4 felony and | 5 |
| shall serve a minimum term of imprisonment of 30 days.
| 6 |
| (c-5) Any person convicted of a second violation of this
| 7 |
| Section is guilty of a Class 2 felony, is not eligible for | 8 |
| probation or conditional discharge, and shall serve a mandatory | 9 |
| term of
imprisonment, if the
revocation or
suspension was for a | 10 |
| violation of Section 9-3 of the Criminal Code of 1961, relating
| 11 |
| to the offense of reckless homicide, or a similar out-of-state | 12 |
| offense.
| 13 |
| (d) Any person convicted of a second violation of this
| 14 |
| Section shall be guilty of a Class 4 felony and shall serve a | 15 |
| minimum term of
imprisonment of 30 days or 300 hours of | 16 |
| community service, as determined by the
court, if the original
| 17 |
| revocation or
suspension was for a violation of Section 11-401 | 18 |
| or 11-501 of this Code,
or a similar out-of-state offense, or a | 19 |
| similar provision of a local
ordinance, or a
statutory summary | 20 |
| suspension under Section 11-501.1 of this Code.
| 21 |
| (d-1) Except as provided in subsections (d-2), (d-2.5), and | 22 |
| (d-3), any
person convicted of
a third or subsequent violation | 23 |
| of this Section shall serve a minimum term of
imprisonment of | 24 |
| 30 days or 300 hours of community service, as determined by the
| 25 |
| court.
| 26 |
| (d-2) Any person convicted of a third violation of this
|
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| Section is guilty of a Class 4 felony and must serve a minimum | 2 |
| term of
imprisonment of 30 days if the revocation or
suspension | 3 |
| was for a violation of Section 11-401 or 11-501 of this Code,
| 4 |
| or a similar out-of-state offense, or a similar provision of a | 5 |
| local
ordinance, or a
statutory summary suspension under | 6 |
| Section 11-501.1 of this Code.
| 7 |
| (d-2.5) Any person convicted of a third violation of this
| 8 |
| Section is guilty of a Class 1 felony, is not eligible for | 9 |
| probation or conditional discharge, and must serve a mandatory | 10 |
| term of
imprisonment if the revocation or
suspension was for a | 11 |
| violation of Section 9-3 of the Criminal Code of 1961, relating | 12 |
| to the offense of reckless homicide, or a similar out-of-state | 13 |
| offense.
The person's driving privileges shall be revoked for | 14 |
| the remainder of the person's life. | 15 |
| (d-3) Any person convicted of a fourth, fifth, sixth, | 16 |
| seventh, eighth, or ninth violation of this
Section is guilty | 17 |
| of a Class 4 felony and must serve a minimum term of
| 18 |
| imprisonment of 180 days if the revocation or suspension was | 19 |
| for a
violation of Section 11-401 or 11-501 of this Code, or a | 20 |
| similar out-of-state
offense, or a similar provision of a local | 21 |
| ordinance, or a statutory
summary suspension under Section | 22 |
| 11-501.1 of this Code.
| 23 |
| (d-3.5) Any person convicted of a fourth or subsequent | 24 |
| violation of this
Section is guilty of a Class 1 felony, is not | 25 |
| eligible for probation or conditional discharge, and must serve | 26 |
| a mandatory term of
imprisonment, and is eligible for an |
|
|
|
HB3697 Enrolled |
- 72 - |
LRB096 11603 AJT 22103 b |
|
| 1 |
| extended term, if the revocation or suspension was for a
| 2 |
| violation of Section 9-3 of the Criminal Code of 1961, relating | 3 |
| to the offense of reckless homicide, or a similar out-of-state | 4 |
| offense.
| 5 |
| (d-4) Any person convicted of a tenth, eleventh, twelfth, | 6 |
| thirteenth, or fourteenth violation of this Section is guilty | 7 |
| of a Class 3 felony, and is not eligible for probation or | 8 |
| conditional discharge, if the revocation or suspension was for | 9 |
| a violation of Section 11-401 or 11-501 of this Code, or a | 10 |
| similar out-of-state offense, or a similar provision of a local | 11 |
| ordinance, or a statutory summary suspension under Section | 12 |
| 11-501.1 of this Code. | 13 |
| (d-5) Any person convicted of a fifteenth or subsequent | 14 |
| violation of this Section is guilty of a Class 2 felony, and is | 15 |
| not eligible for probation or conditional discharge, if the | 16 |
| revocation or suspension was for a violation of Section 11-401 | 17 |
| or 11-501 of this Code, or a similar out-of-state offense, or a | 18 |
| similar provision of a local ordinance, or a statutory summary | 19 |
| suspension under Section 11-501.1 of this Code.
| 20 |
| (e) Any person in violation of this Section who is also in | 21 |
| violation of
Section 7-601 of this Code relating to mandatory | 22 |
| insurance requirements, in
addition to other penalties imposed | 23 |
| under this Section, shall have his or her
motor vehicle | 24 |
| immediately impounded by the arresting law enforcement | 25 |
| officer.
The motor vehicle may be released to any licensed | 26 |
| driver upon a showing of
proof of insurance for the vehicle |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| that was impounded and the notarized written
consent for the | 2 |
| release by the vehicle owner.
| 3 |
| (f) For any prosecution under this Section, a certified | 4 |
| copy of the
driving abstract of the defendant shall be admitted | 5 |
| as proof of any prior
conviction.
| 6 |
| (g) The motor vehicle used in a violation of this Section | 7 |
| is subject
to seizure and forfeiture as provided in Sections | 8 |
| 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 9 |
| driving privilege was revoked
or suspended as a result of a | 10 |
| violation listed in paragraph (1), (2), or
(3) of subsection | 11 |
| (c) of this Section or as a result of a summary
suspension as | 12 |
| provided in paragraph (4) of subsection (c) of this
Section.
| 13 |
| (Source: P.A. 94-112, eff. 1-1-06; 95-27, eff. 1-1-08; 95-377, | 14 |
| eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, | 15 |
| eff. 8-21-08; 95-991, eff. 6-1-09.)
| 16 |
| (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
| 17 |
| Sec. 6-601. Penalties.
| 18 |
| (a) It is a petty offense for any person to violate any of | 19 |
| the
provisions of this Chapter unless such violation is by this | 20 |
| Code or other
law of this State declared to be a misdemeanor or | 21 |
| a felony.
| 22 |
| (b) General penalties. Unless another penalty is in this | 23 |
| Code
or other laws of this State, every person convicted of a | 24 |
| petty
offense for the violation of any provision of this | 25 |
| Chapter shall be
punished by a fine of not more than $500.
|
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| (c) Unlicensed driving. Except as hereinafter provided a | 2 |
| violation
of Section 6-101 shall be:
| 3 |
| 1. A Class A misdemeanor if the person failed to obtain | 4 |
| a driver's
license or permit after expiration of a period | 5 |
| of revocation.
| 6 |
| 2. A Class B misdemeanor if the person has been issued | 7 |
| a driver's license
or permit, which has expired, and if the | 8 |
| period of expiration is greater than
one year; or if the | 9 |
| person has never been issued a driver's license or permit,
| 10 |
| or is not qualified to obtain a driver's license or permit | 11 |
| because of his age.
| 12 |
| If a licensee under this Code is convicted of violating | 13 |
| Section 6-101
for operating a motor vehicle during a time when | 14 |
| such licensee's driver's
license was invalid under the | 15 |
| provisions of Section 6-110, then conviction
under such | 16 |
| circumstances shall be punishable by a fine of not more than | 17 |
| $25.
| 18 |
| If a licensee under this Code is convicted of violating | 19 |
| Section 6-303 for
operating a motor vehicle during a time when | 20 |
| such licensee's driver's license
was suspended under the | 21 |
| provisions of Section 6-306.3, then such act shall be
a petty | 22 |
| offense (provided the licensee has answered the charge which | 23 |
| was the
basis of the suspension under Section 6-306.3), and | 24 |
| there shall be imposed no
additional like period of suspension | 25 |
| as provided in paragraph (b) of Section
6-303.
| 26 |
| (Source: P.A. 92-622, eff. 1-1-03; 92-647, eff. 1-1-03; 92-883, |
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| eff.
1-13-03.)
| 2 |
| (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
| 3 |
| Sec. 11-500. Definitions. For the purposes of interpreting | 4 |
| Sections
6-206.1 and 6-208.1 of this Code, "first offender" | 5 |
| shall mean any person
who has not had a previous conviction or | 6 |
| court assigned supervision for
violating Section 11-501, or a | 7 |
| similar provision of a local ordinance,
or a conviction in any | 8 |
| other state for a violation of driving while under
the | 9 |
| influence or a similar offense where the cause of action is the | 10 |
| same
or substantially similar to this Code or similar offenses | 11 |
| committed on a military installation , or any person who has not | 12 |
| had a driver's license suspension pursuant to paragraph 6 of | 13 |
| subsection (a) of Section 6-206 as the result of refusal of | 14 |
| chemical testing in another state, or any
person who has not | 15 |
| had a driver's license
suspension for violating Section | 16 |
| 11-501.1 within 5 years prior to the date of
the
current | 17 |
| offense, except in cases where the driver submitted to
chemical | 18 |
| testing resulting in an alcohol concentration of 0.08 or
more,
| 19 |
| or any amount of a drug, substance, or compound in such | 20 |
| person's blood or
urine resulting from the unlawful use or | 21 |
| consumption of cannabis listed in
the Cannabis Control Act, a | 22 |
| controlled substance listed in the
Illinois
Controlled | 23 |
| Substances Act, or an intoxicating compound listed in the Use
| 24 |
| of
Intoxicating Compounds Act, or methamphetamine as listed in | 25 |
| the Methamphetamine Control and Community Protection Act and
|
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| was subsequently found not guilty of violating Section 11-501, | 2 |
| or a similar
provision of a local ordinance.
| 3 |
| (Source: P.A. 95-355, eff. 1-1-08.)
| 4 |
| Section 15. The Child Passenger Protection Act is amended | 5 |
| by changing Section 4b as follows:
| 6 |
| (625 ILCS 25/4b)
| 7 |
| Sec. 4b. Children 8 years of age or older but under the age | 8 |
| of 19;
seat belts. Every person under the age of 18 years, when | 9 |
| transporting a child
8 years of age or older but under the age | 10 |
| of 19 years, as provided in
Section 4 of this Act, shall be | 11 |
| responsible for securing that child in a
properly
adjusted and | 12 |
| fastened seat safety belt or an appropriate child restraint
| 13 |
| system. This Section shall also apply to each driver over the | 14 |
| age of 18 years who committed an offense against traffic | 15 |
| regulations governing the movement of vehicles or any violation | 16 |
| of Section 6-107 or Section 12-603.1 of this Code in the within | 17 |
| 6 months prior to of the driver's 18th birthday and was | 18 |
| subsequently convicted of the violation, until such time as a | 19 |
| period of 6 consecutive months has elapsed without an | 20 |
| additional violation and subsequent conviction of an offense | 21 |
| against traffic regulations governing the movement of vehicles | 22 |
| or any violation of Section 6-107 or Section 12-603.1 of this | 23 |
| Code.
| 24 |
| (Source: P.A. 94-241, eff. 1-1-06; 95-310, eff. 1-1-08.)
|
|
|
|
HB3697 Enrolled |
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LRB096 11603 AJT 22103 b |
|
| 1 |
| Section 95. No acceleration or delay. Where this Act makes | 2 |
| changes in a statute that is represented in this Act by text | 3 |
| that is not yet or no longer in effect (for example, a Section | 4 |
| represented by multiple versions), the use of that text does | 5 |
| not accelerate or delay the taking effect of (i) the changes | 6 |
| made by this Act or (ii) provisions derived from any other | 7 |
| Public Act. | 8 |
| Section 999. Effective date. This Act takes effect upon | 9 |
| becoming law.
|
|