Full Text of SB1478 97th General Assembly
SB1478 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1478 Introduced 2/9/2011, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: | | |
Amends the Illinois Vehicle Code. Makes technical changes in a Section
concerning mandatory revocation of a license or permit.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 6-205 as follows:
| 6 | | (625 ILCS 5/6-205)
| 7 | | (Text of Section before amendment by P.A. 96-1344 ) | 8 | | Sec. 6-205. Mandatory revocation of license or permit; | 9 | | Hardship cases.
| 10 | | (a) Except as provided in this Section, the
the Secretary | 11 | | of State shall
immediately revoke the license, permit, or | 12 | | driving privileges of
any driver upon receiving a
report of the | 13 | | driver's conviction of any of the following offenses:
| 14 | | 1. Reckless homicide resulting from the operation of a | 15 | | motor vehicle;
| 16 | | 2. Violation of Section 11-501 of this Code or a | 17 | | similar provision of
a local ordinance relating to the | 18 | | offense of operating or being in physical
control of a | 19 | | vehicle while under the influence of alcohol, other drug or
| 20 | | drugs, intoxicating compound or compounds, or any | 21 | | combination thereof;
| 22 | | 3. Any felony under the laws of any State or the | 23 | | federal government
in the commission of which a motor |
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| 1 | | vehicle was used;
| 2 | | 4. Violation of Section 11-401 of this Code relating to | 3 | | the offense of
leaving the scene of a traffic accident | 4 | | involving death or personal injury;
| 5 | | 5. Perjury or the making of a false affidavit or | 6 | | statement under
oath to the Secretary of State under this | 7 | | Code or under any
other law relating to the ownership or | 8 | | operation of motor vehicles;
| 9 | | 6. Conviction upon 3 charges of violation of Section | 10 | | 11-503 of this
Code relating to the offense of reckless | 11 | | driving committed within a
period of 12 months;
| 12 | | 7. Conviction of any offense
defined in
Section 4-102 | 13 | | of this Code;
| 14 | | 8. Violation of Section 11-504 of this Code relating to | 15 | | the offense
of drag racing;
| 16 | | 9. Violation of Chapters 8 and 9 of this Code;
| 17 | | 10. Violation of Section 12-5 of the Criminal Code of | 18 | | 1961 arising from
the use of a motor vehicle;
| 19 | | 11. Violation of Section 11-204.1 of this Code relating | 20 | | to aggravated
fleeing or attempting to elude a peace | 21 | | officer;
| 22 | | 12. Violation of paragraph (1) of subsection (b) of | 23 | | Section 6-507,
or a similar law of any other state, | 24 | | relating to the
unlawful operation of a commercial motor | 25 | | vehicle;
| 26 | | 13. Violation of paragraph (a) of Section 11-502 of |
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| 1 | | this Code or a
similar provision of a local ordinance if | 2 | | the driver has been previously
convicted of a violation of | 3 | | that Section or a similar provision of a local
ordinance | 4 | | and the driver was less than 21 years of age at the time of | 5 | | the
offense;
| 6 | | 14. Violation of paragraph (a) of Section 11-506 of | 7 | | this Code or a similar provision of a local ordinance | 8 | | relating to the offense of street racing;
| 9 | | 15. A second or subsequent conviction of driving while | 10 | | the person's driver's license, permit or privileges was | 11 | | revoked for reckless homicide or a similar out-of-state | 12 | | offense; | 13 | | 16. Any offense against any provision in this
the | 14 | | Illinois
Vehicle Code, or any local ordinance, regulating | 15 | | the
movement of traffic , when that offense was the | 16 | | proximate cause of the death of any person. Any person | 17 | | whose driving privileges have been revoked pursuant to this | 18 | | paragraph may seek to have the revocation terminated or to | 19 | | have the length of revocation reduced , by requesting an | 20 | | administrative hearing with the Secretary of State prior to | 21 | | the projected driver's license application eligibility | 22 | | date. | 23 | | (b) The Secretary of State shall also immediately revoke | 24 | | the license
or permit of any driver in the following | 25 | | situations:
| 26 | | 1. Of any minor upon receiving the notice provided for |
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| 1 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 2 | | minor has been
adjudicated under that Act as having | 3 | | committed an offense relating to
motor vehicles prescribed | 4 | | in Section 4-103 of this Code;
| 5 | | 2. Of any person when any other law of this State | 6 | | requires either the
revocation or suspension of a license | 7 | | or permit;
| 8 | | 3. Of any person adjudicated under the Juvenile Court | 9 | | Act of 1987 based on an offense determined to have been | 10 | | committed in furtherance of the criminal activities of an | 11 | | organized gang as provided in Section 5-710 of that Act, | 12 | | and that involved the operation or use of a motor vehicle | 13 | | or the use of a driver's license or permit. The revocation | 14 | | shall remain in effect for the period determined by the | 15 | | court. Upon the direction of the court, the Secretary shall | 16 | | issue the person a judicial driving permit, also known as a | 17 | | JDP. The JDP shall be subject to the same terms as a JDP | 18 | | issued under Section 6-206.1, except that the court may | 19 | | direct that a JDP issued under this subdivision (b)(3) be | 20 | | effective immediately.
| 21 | | (c)(1) Whenever
Except as provided in subsection (c-5), | 22 | | whenever a person is convicted of any of the offenses | 23 | | enumerated in
this Section, the court may recommend and the | 24 | | Secretary of State in his
discretion, without regard to whether | 25 | | the recommendation is made by the
court may, upon application,
| 26 | | issue to the person a
restricted driving permit granting the |
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| 1 | | privilege of driving a motor
vehicle between the petitioner's | 2 | | residence and petitioner's place
of employment or within the | 3 | | scope of the petitioner's employment related
duties, or to | 4 | | allow the petitioner to transport himself or herself or a | 5 | | family member
of the petitioner's household to a medical | 6 | | facility for the receipt of necessary medical care or to allow | 7 | | the
petitioner to transport himself or herself to and from | 8 | | alcohol or drug remedial or rehabilitative activity | 9 | | recommended by a licensed service provider, or to allow the
| 10 | | petitioner to transport himself or herself or a family member | 11 | | of the petitioner's household to classes, as a student, at an | 12 | | accredited educational
institution, or to allow the petitioner | 13 | | to transport children, elderly persons, or disabled persons who | 14 | | do not hold driving privileges and are living in the | 15 | | petitioner's household to and from daycare; if the petitioner | 16 | | is able to demonstrate that no alternative means
of | 17 | | transportation is reasonably available and that the petitioner | 18 | | will not endanger
the public safety or welfare; provided that | 19 | | the Secretary's discretion shall be
limited to cases where | 20 | | undue hardship, as defined by the rules of the Secretary of | 21 | | State, would result from a failure to issue the
restricted | 22 | | driving permit. Those multiple offenders identified in | 23 | | subdivision (b)4 of Section 6-208 of this Code, however, shall | 24 | | not be eligible for the issuance of a restricted driving | 25 | | permit.
| 26 | | (2) If a person's license or permit is revoked or |
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| 1 | | suspended due to 2 or
more convictions of violating Section | 2 | | 11-501 of this Code or a similar
provision of a local | 3 | | ordinance or a similar out-of-state offense, or Section 9-3 | 4 | | of the Criminal Code of 1961, where the use of alcohol or | 5 | | other drugs is recited as an element of the offense, or a | 6 | | similar out-of-state offense, or a combination of these | 7 | | offenses, arising out
of separate occurrences, that | 8 | | person, if issued a restricted driving permit,
may not | 9 | | operate a vehicle unless it has been equipped with an | 10 | | ignition
interlock device as defined in Section 1-129.1.
| 11 | | (3) If:
| 12 | | (A) a person's license or permit is revoked or | 13 | | suspended 2 or more
times within a 10 year period due | 14 | | to any combination of: | 15 | | (i)
a single conviction of violating Section
| 16 | | 11-501 of this Code or a similar provision of a | 17 | | local ordinance or a similar
out-of-state offense, | 18 | | or Section 9-3 of the Criminal Code of 1961, where | 19 | | the use of alcohol or other drugs is recited as an | 20 | | element of the offense, or a similar out-of-state | 21 | | offense; or | 22 | | (ii)
a statutory summary suspension under | 23 | | Section
11-501.1; or | 24 | | (iii)
a suspension pursuant to Section | 25 | | 6-203.1;
| 26 | | arising out of
separate occurrences; or |
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| 1 | | (B)
a person has been convicted of one violation of | 2 | | Section 6-303 of this Code committed while his or her | 3 | | driver's license, permit, or privilege was revoked | 4 | | because of a violation of Section 9-3 of the Criminal | 5 | | Code of 1961, relating to the offense of reckless | 6 | | homicide where the use of alcohol or other drugs was | 7 | | recited as an element of the offense, or a similar | 8 | | provision of a law of another state;
| 9 | | that person, if issued a restricted
driving permit, may not | 10 | | operate a vehicle unless it has been equipped with an
| 11 | | ignition interlock device as defined in Section 1-129.1. | 12 | | (4)
The person issued a permit conditioned on the use | 13 | | of an ignition interlock device must pay to the Secretary | 14 | | of State DUI Administration Fund an amount
not to exceed | 15 | | $30 per month. The Secretary shall establish by rule the | 16 | | amount
and the procedures, terms, and conditions relating | 17 | | to these fees. | 18 | | (5)
If the restricted driving permit is issued for | 19 | | employment purposes, then
the prohibition against | 20 | | operating a motor vehicle that is not equipped with an | 21 | | ignition interlock device does not apply to the operation | 22 | | of an occupational vehicle
owned or leased by that person's | 23 | | employer when used solely for employment purposes. | 24 | | (6)
In each case the Secretary of State may issue a
| 25 | | restricted driving permit for a period he deems | 26 | | appropriate, except that the
permit shall expire within one |
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| 1 | | year from the date of issuance. The Secretary
may not, | 2 | | however, issue a restricted driving permit to any person | 3 | | whose current
revocation is the result of a second or | 4 | | subsequent conviction for a violation
of Section 11-501 of | 5 | | this Code or a similar provision of a local ordinance
or | 6 | | any similar out-of-state offense, or Section 9-3 of the | 7 | | Criminal Code of 1961, where the use of alcohol or other | 8 | | drugs is recited as an element of the offense, or any | 9 | | similar out-of-state offense, or any combination of these | 10 | | offenses, until the expiration of at least one year from | 11 | | the date of the
revocation. A restricted
driving permit | 12 | | issued under this Section shall be
subject to cancellation, | 13 | | revocation, and suspension by the Secretary of
State in | 14 | | like manner and for like cause as a driver's license issued
| 15 | | under this Code may be cancelled, revoked, or
suspended; | 16 | | except that a conviction upon one or more offenses against | 17 | | laws or
ordinances regulating the movement of traffic shall | 18 | | be deemed sufficient cause
for the revocation, suspension, | 19 | | or cancellation of a restricted driving permit.
The | 20 | | Secretary of State may, as a condition to the issuance of a | 21 | | restricted
driving permit, require the petitioner to | 22 | | participate in a designated driver
remedial or | 23 | | rehabilitative program. The Secretary of State is | 24 | | authorized to
cancel a restricted driving permit if the | 25 | | permit holder does not successfully
complete the program. | 26 | | However, if an individual's driving privileges have been
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| 1 | | revoked in accordance with paragraph 13 of subsection (a) | 2 | | of this Section, no
restricted driving permit shall be | 3 | | issued until the individual has served 6
months of the | 4 | | revocation period.
| 5 | | (c-5) (Blank).
| 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
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| 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.
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| 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 |
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| 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.
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| 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. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377, | 22 | | eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848, | 23 | | eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; | 24 | | 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11; 96-1305, eff. | 25 | | 1-1-11; revised 9-2-10.)
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| 1 | | (Text of Section after amendment by P.A. 96-1344 )
| 2 | | Sec. 6-205. Mandatory revocation of license or permit; | 3 | | Hardship cases.
| 4 | | (a) Except as provided in this Section, the the Secretary | 5 | | of State shall
immediately revoke the license, permit, or | 6 | | driving privileges of
any driver upon receiving a
report of the | 7 | | driver's conviction of any of the following offenses:
| 8 | | 1. Reckless homicide resulting from the operation of a | 9 | | motor vehicle;
| 10 | | 2. Violation of Section 11-501 of this Code or a | 11 | | similar provision of
a local ordinance relating to the | 12 | | offense of operating or being in physical
control of a | 13 | | vehicle while under the influence of alcohol, other drug or
| 14 | | drugs, intoxicating compound or compounds, or any | 15 | | combination thereof;
| 16 | | 3. Any felony under the laws of any State or the | 17 | | federal government
in the commission of which a motor | 18 | | vehicle was used;
| 19 | | 4. Violation of Section 11-401 of this Code relating to | 20 | | the offense of
leaving the scene of a traffic accident | 21 | | involving death or personal injury;
| 22 | | 5. Perjury or the making of a false affidavit or | 23 | | statement under
oath to the Secretary of State under this | 24 | | Code or under any
other law relating to the ownership or | 25 | | operation of motor vehicles;
| 26 | | 6. Conviction upon 3 charges of violation of Section |
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| 1 | | 11-503 of this
Code relating to the offense of reckless | 2 | | driving committed within a
period of 12 months;
| 3 | | 7. Conviction of any offense
defined in
Section 4-102 | 4 | | of this Code;
| 5 | | 8. Violation of Section 11-504 of this Code relating to | 6 | | the offense
of drag racing;
| 7 | | 9. Violation of Chapters 8 and 9 of this Code;
| 8 | | 10. Violation of Section 12-5 of the Criminal Code of | 9 | | 1961 arising from
the use of a motor vehicle;
| 10 | | 11. Violation of Section 11-204.1 of this Code relating | 11 | | to aggravated
fleeing or attempting to elude a peace | 12 | | officer;
| 13 | | 12. Violation of paragraph (1) of subsection (b) of | 14 | | Section 6-507,
or a similar law of any other state, | 15 | | relating to the
unlawful operation of a commercial motor | 16 | | vehicle;
| 17 | | 13. Violation of paragraph (a) of Section 11-502 of | 18 | | this Code or a
similar provision of a local ordinance if | 19 | | the driver has been previously
convicted of a violation of | 20 | | that Section or a similar provision of a local
ordinance | 21 | | and the driver was less than 21 years of age at the time of | 22 | | the
offense;
| 23 | | 14. Violation of paragraph (a) of Section 11-506 of | 24 | | this Code or a similar provision of a local ordinance | 25 | | relating to the offense of street racing;
| 26 | | 15. A second or subsequent conviction of driving while |
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| 1 | | the person's driver's license, permit or privileges was | 2 | | revoked for reckless homicide or a similar out-of-state | 3 | | offense; | 4 | | 16. Any offense against any provision in this
the | 5 | | Illinois
Vehicle Code, or any local ordinance, regulating | 6 | | the
movement of traffic , when that offense was the | 7 | | proximate cause of the death of any person. Any person | 8 | | whose driving privileges have been revoked pursuant to this | 9 | | paragraph may seek to have the revocation terminated or to | 10 | | have the length of revocation reduced , by requesting an | 11 | | administrative hearing with the Secretary of State prior to | 12 | | the projected driver's license application eligibility | 13 | | date. | 14 | | (b) The Secretary of State shall also immediately revoke | 15 | | the license
or permit of any driver in the following | 16 | | situations:
| 17 | | 1. Of any minor upon receiving the notice provided for | 18 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 19 | | minor has been
adjudicated under that Act as having | 20 | | committed an offense relating to
motor vehicles prescribed | 21 | | in Section 4-103 of this Code;
| 22 | | 2. Of any person when any other law of this State | 23 | | requires either the
revocation or suspension of a license | 24 | | or permit;
| 25 | | 3. Of any person adjudicated under the Juvenile Court | 26 | | Act of 1987 based on an offense determined to have been |
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| 1 | | committed in furtherance of the criminal activities of an | 2 | | organized gang as provided in Section 5-710 of that Act, | 3 | | and that involved the operation or use of a motor vehicle | 4 | | or the use of a driver's license or permit. The revocation | 5 | | shall remain in effect for the period determined by the | 6 | | court. Upon the direction of the court, the Secretary shall | 7 | | issue the person a judicial driving permit, also known as a | 8 | | JDP. The JDP shall be subject to the same terms as a JDP | 9 | | issued under Section 6-206.1, except that the court may | 10 | | direct that a JDP issued under this subdivision (b)(3) be | 11 | | effective immediately.
| 12 | | (c)(1) Whenever
Except as provided in subsection (c-5), | 13 | | whenever a person is convicted of any of the offenses | 14 | | enumerated in
this Section, the court may recommend and the | 15 | | Secretary of State in his
discretion, without regard to whether | 16 | | the recommendation is made by the
court may, upon application,
| 17 | | issue to the person a
restricted driving permit granting the | 18 | | privilege of driving a motor
vehicle between the petitioner's | 19 | | residence and petitioner's place
of employment or within the | 20 | | scope of the petitioner's employment related
duties, or to | 21 | | allow the petitioner to transport himself or herself or a | 22 | | family member
of the petitioner's household to a medical | 23 | | facility for the receipt of necessary medical care or to allow | 24 | | the
petitioner to transport himself or herself to and from | 25 | | alcohol or drug remedial or rehabilitative activity | 26 | | recommended by a licensed service provider, or to allow the
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| 1 | | petitioner to transport himself or herself or a family member | 2 | | of the petitioner's household to classes, as a student, at an | 3 | | accredited educational
institution, or to allow the petitioner | 4 | | to transport children, elderly persons, or disabled persons who | 5 | | do not hold driving privileges and are living in the | 6 | | petitioner's household to and from daycare; if the petitioner | 7 | | is able to demonstrate that no alternative means
of | 8 | | transportation is reasonably available and that the petitioner | 9 | | will not endanger
the public safety or welfare; provided that | 10 | | the Secretary's discretion shall be
limited to cases where | 11 | | undue hardship, as defined by the rules of the Secretary of | 12 | | State, would result from a failure to issue the
restricted | 13 | | driving permit. Those multiple offenders identified in | 14 | | subdivision (b)4 of Section 6-208 of this Code, however, shall | 15 | | not be eligible for the issuance of a restricted driving | 16 | | permit.
| 17 | | (2) If a person's license or permit is revoked or | 18 | | suspended due to 2 or
more convictions of violating Section | 19 | | 11-501 of this Code or a similar
provision of a local | 20 | | ordinance or a similar out-of-state offense, or Section 9-3 | 21 | | of the Criminal Code of 1961, where the use of alcohol or | 22 | | other drugs is recited as an element of the offense, or a | 23 | | similar out-of-state offense, or a combination of these | 24 | | offenses, arising out
of separate occurrences, that | 25 | | person, if issued a restricted driving permit,
may not | 26 | | operate a vehicle unless it has been equipped with an |
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| 1 | | ignition
interlock device as defined in Section 1-129.1.
| 2 | | (3) If:
| 3 | | (A) a person's license or permit is revoked or | 4 | | suspended 2 or more
times within a 10 year period due | 5 | | to any combination of: | 6 | | (i)
a single conviction of violating Section
| 7 | | 11-501 of this Code or a similar provision of a | 8 | | local ordinance or a similar
out-of-state offense, | 9 | | or Section 9-3 of the Criminal Code of 1961, where | 10 | | the use of alcohol or other drugs is recited as an | 11 | | element of the offense, or a similar out-of-state | 12 | | offense; or | 13 | | (ii)
a statutory summary suspension or | 14 | | revocation under Section
11-501.1; or | 15 | | (iii)
a suspension pursuant to Section | 16 | | 6-203.1;
| 17 | | arising out of
separate occurrences; or | 18 | | (B)
a person has been convicted of one violation of | 19 | | Section 6-303 of this Code committed while his or her | 20 | | driver's license, permit, or privilege was revoked | 21 | | because of a violation of Section 9-3 of the Criminal | 22 | | Code of 1961, relating to the offense of reckless | 23 | | homicide where the use of alcohol or other drugs was | 24 | | recited as an element of the offense, or a similar | 25 | | provision of a law of another state;
| 26 | | that person, if issued a restricted
driving permit, may not |
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| 1 | | operate a vehicle unless it has been equipped with an
| 2 | | ignition interlock device as defined in Section 1-129.1. | 3 | | (4)
The person issued a permit conditioned on the use | 4 | | of an ignition interlock device must pay to the Secretary | 5 | | of State DUI Administration Fund an amount
not to exceed | 6 | | $30 per month. The Secretary shall establish by rule the | 7 | | amount
and the procedures, terms, and conditions relating | 8 | | to these fees. | 9 | | (5)
If the restricted driving permit is issued for | 10 | | employment purposes, then
the prohibition against | 11 | | operating a motor vehicle that is not equipped with an | 12 | | ignition interlock device does not apply to the operation | 13 | | of an occupational vehicle
owned or leased by that person's | 14 | | employer when used solely for employment purposes. | 15 | | (6)
In each case the Secretary of State may issue a
| 16 | | restricted driving permit for a period he deems | 17 | | appropriate, except that the
permit shall expire within one | 18 | | year from the date of issuance. The Secretary
may not, | 19 | | however, issue a restricted driving permit to any person | 20 | | whose current
revocation is the result of a second or | 21 | | subsequent conviction for a violation
of Section 11-501 of | 22 | | this Code or a similar provision of a local ordinance
or | 23 | | any similar out-of-state offense, or Section 9-3 of the | 24 | | Criminal Code of 1961, where the use of alcohol or other | 25 | | drugs is recited as an element of the offense, or any | 26 | | similar out-of-state offense, or any combination of these |
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| 1 | | offenses, until the expiration of at least one year from | 2 | | the date of the
revocation. A restricted
driving permit | 3 | | issued under this Section shall be
subject to cancellation, | 4 | | revocation, and suspension by the Secretary of
State in | 5 | | like manner and for like cause as a driver's license issued
| 6 | | under this Code may be cancelled, revoked, or
suspended; | 7 | | except that a conviction upon one or more offenses against | 8 | | laws or
ordinances regulating the movement of traffic shall | 9 | | be deemed sufficient cause
for the revocation, suspension, | 10 | | or cancellation of a restricted driving permit.
The | 11 | | Secretary of State may, as a condition to the issuance of a | 12 | | restricted
driving permit, require the petitioner to | 13 | | participate in a designated driver
remedial or | 14 | | rehabilitative program. The Secretary of State is | 15 | | authorized to
cancel a restricted driving permit if the | 16 | | permit holder does not successfully
complete the program. | 17 | | However, if an individual's driving privileges have been
| 18 | | revoked in accordance with paragraph 13 of subsection (a) | 19 | | of this Section, no
restricted driving permit shall be | 20 | | issued until the individual has served 6
months of the | 21 | | revocation period.
| 22 | | (c-5) (Blank).
| 23 | | (c-6) If a person is convicted of a second violation of | 24 | | operating a motor vehicle while the person's driver's license, | 25 | | permit or privilege was revoked, where the revocation was for a | 26 | | violation of Section 9-3 of the Criminal Code of 1961 relating |
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| 1 | | to the offense of reckless homicide or a similar out-of-state | 2 | | offense, the person's driving privileges shall be revoked | 3 | | pursuant to subdivision (a)(15) of this Section. The person may | 4 | | not make application for a license or permit until the | 5 | | expiration of five years from the effective date of the | 6 | | revocation or the expiration of five years from the date of | 7 | | release from a term of imprisonment, whichever is later. | 8 | | (c-7) If a person is convicted of a third or subsequent | 9 | | violation of operating a motor vehicle while the person's | 10 | | driver's license, permit or privilege was revoked, where the | 11 | | revocation was for a violation of Section 9-3 of the Criminal | 12 | | Code of 1961 relating to the offense of reckless homicide or a | 13 | | similar out-of-state offense, the person may never apply for a | 14 | | license or permit. | 15 | | (d)(1) Whenever a person under the age of 21 is convicted | 16 | | under Section
11-501 of this Code or a similar provision of a | 17 | | local ordinance or a similar out-of-state offense, the
| 18 | | Secretary of State shall revoke the driving privileges of that | 19 | | person. One
year after the date of revocation, and upon | 20 | | application, the Secretary of
State may, if satisfied that the | 21 | | person applying will not endanger the
public safety or welfare, | 22 | | issue a restricted driving permit granting the
privilege of | 23 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 24 | | p.m. or as otherwise provided by this Section for a period of | 25 | | one year.
After this one year period, and upon reapplication | 26 | | for a license as
provided in Section 6-106, upon payment of the |
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| 1 | | appropriate reinstatement
fee provided under paragraph (b) of | 2 | | Section 6-118, the Secretary of State,
in his discretion, may
| 3 | | reinstate the petitioner's driver's license and driving | 4 | | privileges, or extend the restricted driving permit as many | 5 | | times as the
Secretary of State deems appropriate, by | 6 | | additional periods of not more than
12 months each.
| 7 | | (2) If a person's license or permit is revoked or | 8 | | suspended due to 2 or
more convictions of violating Section | 9 | | 11-501 of this Code or a similar
provision of a local | 10 | | ordinance or a similar out-of-state offense, or Section 9-3 | 11 | | of the Criminal Code of 1961, where the use of alcohol or | 12 | | other drugs is recited as an element of the offense, or a | 13 | | similar out-of-state offense, or a combination of these | 14 | | offenses, arising out
of separate occurrences, that | 15 | | person, if issued a restricted driving permit,
may not | 16 | | operate a vehicle unless it has been equipped with an | 17 | | ignition
interlock device as defined in Section 1-129.1.
| 18 | | (3) If a person's license or permit is revoked or | 19 | | suspended 2 or more times
within a 10 year period due to | 20 | | any combination of: | 21 | | (A) a single conviction 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 | 24 | | Section 9-3 of the Criminal Code of 1961, where the use | 25 | | of alcohol or other drugs is recited as an element of | 26 | | the offense, or a similar out-of-state offense; or |
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| 1 | | (B)
a statutory summary suspension or revocation | 2 | | under Section 11-501.1; or | 3 | | (C) a suspension pursuant to Section 6-203.1; | 4 | | arising out of separate occurrences, that person, if issued | 5 | | a
restricted
driving permit, may not operate a vehicle | 6 | | unless it has been equipped with an
ignition interlock | 7 | | device as defined in Section 1-129.1. | 8 | | (4)
The person issued a permit conditioned upon the use | 9 | | of an interlock device must pay to the Secretary of State | 10 | | DUI Administration Fund an amount
not to exceed $30 per | 11 | | month. The Secretary shall establish by rule the amount
and | 12 | | the procedures, terms, and conditions relating to these | 13 | | fees. | 14 | | (5)
If the restricted driving permit is issued for | 15 | | employment purposes, then
the prohibition against driving | 16 | | a vehicle that is not equipped with an ignition interlock | 17 | | device does not apply to the operation of an occupational | 18 | | vehicle
owned or leased by that person's employer when used | 19 | | solely for employment purposes. | 20 | | (6) A
restricted driving permit issued under this | 21 | | Section shall be subject to
cancellation, revocation, and | 22 | | suspension by the Secretary of State in like
manner and for | 23 | | like cause as a driver's license issued under this Code may | 24 | | be
cancelled, revoked, or suspended; except that a | 25 | | conviction upon one or more
offenses against laws or | 26 | | ordinances regulating the movement of traffic
shall be |
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| 1 | | deemed sufficient cause for the revocation, suspension, or
| 2 | | cancellation of a restricted driving permit.
| 3 | | (d-5) The revocation of the license, permit, or driving | 4 | | privileges of a person convicted of a third or subsequent | 5 | | violation of Section 6-303 of this Code committed while his or | 6 | | her driver's license, permit, or privilege was revoked because | 7 | | of a violation of Section 9-3 of the Criminal Code of 1961, | 8 | | relating to the offense of reckless homicide, or a similar | 9 | | provision of a law of another state, is permanent. The | 10 | | Secretary may not, at any time, issue a license or permit to | 11 | | that person.
| 12 | | (e) This Section is subject to the provisions of the Driver | 13 | | License
Compact.
| 14 | | (f) Any revocation imposed upon any person under | 15 | | subsections 2
and 3 of paragraph (b) that is in effect on | 16 | | December 31, 1988 shall be
converted to a suspension for a like | 17 | | period of time.
| 18 | | (g) The Secretary of State shall not issue a restricted | 19 | | driving permit to
a person under the age of 16 years whose | 20 | | driving privileges have been revoked
under any provisions of | 21 | | this Code.
| 22 | | (h) The Secretary of State shall require the use of | 23 | | ignition interlock
devices on all vehicles owned by a person | 24 | | who has been convicted of a
second or subsequent offense under | 25 | | Section 11-501 of this Code or a similar
provision of a local | 26 | | ordinance. The person must pay to the Secretary of State DUI |
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| 1 | | Administration Fund an amount not to exceed $30 for each month | 2 | | that he or she uses the device. The Secretary shall establish | 3 | | by rule and
regulation the procedures for certification and use | 4 | | of the interlock
system, the amount of the fee, and the | 5 | | procedures, terms, and conditions relating to these fees.
| 6 | | (i) (Blank).
| 7 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 8 | | State may not issue a restricted driving permit for the | 9 | | operation of a commercial motor vehicle to a person holding a | 10 | | CDL whose driving privileges have been revoked, suspended, | 11 | | cancelled, or disqualified under any provisions of this Code.
| 12 | | (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377, | 13 | | eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848, | 14 | | eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; | 15 | | 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11; 96-1305, eff. | 16 | | 1-1-11; 96-1344, eff. 7-1-11; revised 9-2-10.)
| 17 | | Section 95. No acceleration or delay. Where this Act makes | 18 | | changes in a statute that is represented in this Act by text | 19 | | that is not yet or no longer in effect (for example, a Section | 20 | | represented by multiple versions), the use of that text does | 21 | | not accelerate or delay the taking effect of (i) the changes | 22 | | made by this Act or (ii) provisions derived from any other | 23 | | Public Act. |
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