Full Text of HB1568 98th General Assembly
HB1568 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1568 Introduced , by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-205 | | 625 ILCS 5/6-206 | | 625 ILCS 5/6-208 | from Ch. 95 1/2, par. 6-208 | 625 ILCS 5/6-303 | from Ch. 95 1/2, par. 6-303 |
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Amends the Illinois Vehicle Code. Provides that certain persons ineligible to re-apply for a license may instead apply for a restricted driving permit after the expiration of 3 years from the effective date of the most recent revocation, provided the person proves by clear and convincing evidence a minimum 3 years of uninterrupted sobriety from alcohol and other drugs and the successful completion of all rehabilitative activity recommended by a properly licensed service provider. Provides that the Secretary of State shall cancel a restricted driving permit issued under the conditions if the holder fails to comply with ignition interlock device requirements and that such a person shall be ineligible to re-apply for restricted driving privileges. Provides that a bona fide resident of a foreign jurisdiction who would be eligible for a restricted driving permit under the new provisions if the person were a resident of Illinois may make application for termination of the revocation after a period of 10 years from the effective date of the most recent revocation. Provides that if a person who has been granted a termination of revocation subsequently becomes a resident, the revocation shall be reinstated and the person shall be subject to the provisions concerning the issuance of a restricted driving 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 10. The Illinois Vehicle Code is amended by | 5 | | changing Sections 6-205, 6-206, 6-208, and 6-303 as follows:
| 6 | | (625 ILCS 5/6-205)
| 7 | | Sec. 6-205. Mandatory revocation of license or permit; | 8 | | Hardship cases.
| 9 | | (a) Except as provided in this Section, the Secretary of | 10 | | State shall
immediately revoke the license, permit, or driving | 11 | | privileges of
any driver upon receiving a
report of the | 12 | | driver's conviction of any of the following offenses:
| 13 | | 1. Reckless homicide resulting from the operation of a | 14 | | motor vehicle;
| 15 | | 2. Violation of Section 11-501 of this Code or a | 16 | | similar provision of
a local ordinance relating to the | 17 | | offense of operating or being in physical
control of a | 18 | | vehicle while under the influence of alcohol, other drug or
| 19 | | drugs, intoxicating compound or compounds, or any | 20 | | combination thereof;
| 21 | | 3. Any felony under the laws of any State or the | 22 | | federal government
in the commission of which a motor | 23 | | vehicle was used;
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| 1 | | 4. Violation of Section 11-401 of this Code relating to | 2 | | the offense of
leaving the scene of a traffic accident | 3 | | involving death or personal injury;
| 4 | | 5. Perjury or the making of a false affidavit or | 5 | | statement under
oath to the Secretary of State under this | 6 | | Code or under any
other law relating to the ownership or | 7 | | operation of motor vehicles;
| 8 | | 6. Conviction upon 3 charges of violation of Section | 9 | | 11-503 of this
Code relating to the offense of reckless | 10 | | driving committed within a
period of 12 months;
| 11 | | 7. Conviction of any offense
defined in
Section 4-102 | 12 | | of this Code;
| 13 | | 8. Violation of Section 11-504 of this Code relating to | 14 | | the offense
of drag racing;
| 15 | | 9. Violation of Chapters 8 and 9 of this Code;
| 16 | | 10. Violation of Section 12-5 of the Criminal Code of | 17 | | 1961 or the Criminal Code of 2012 arising from
the use of a | 18 | | 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 Code, or | 14 | | any local ordinance, regulating the
movement of traffic | 15 | | when that offense was the proximate cause of the death of | 16 | | any person. Any person whose driving privileges have been | 17 | | revoked pursuant to this paragraph may seek to have the | 18 | | revocation terminated or to have the length of revocation | 19 | | reduced by requesting an administrative hearing with the | 20 | | Secretary of State prior to the projected driver's license | 21 | | application eligibility date; | 22 | | 17. Violation of subsection (a-2) of Section 11-1301.3 | 23 | | of this Code or a similar provision of a local ordinance; | 24 | | 18. A second or subsequent conviction of illegal | 25 | | possession, while operating or in actual physical control, | 26 | | as a driver, of a motor vehicle, of any controlled |
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| 1 | | substance prohibited under the Illinois Controlled | 2 | | Substances Act, any cannabis prohibited under the Cannabis | 3 | | Control Act, or any methamphetamine prohibited under the | 4 | | Methamphetamine Control and Community Protection Act. A | 5 | | defendant found guilty of this offense while operating a | 6 | | motor vehicle
shall have an entry made in the court record | 7 | | by the presiding judge that
this offense did occur while | 8 | | the defendant was operating a motor vehicle
and order the | 9 | | clerk of the court to report the violation to the Secretary
| 10 | | of State. | 11 | | (b) The Secretary of State shall also immediately revoke | 12 | | the license
or permit of any driver in the following | 13 | | situations:
| 14 | | 1. Of any minor upon receiving the notice provided for | 15 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 16 | | minor has been
adjudicated under that Act as having | 17 | | committed an offense relating to
motor vehicles prescribed | 18 | | in Section 4-103 of this Code;
| 19 | | 2. Of any person when any other law of this State | 20 | | requires either the
revocation or suspension of a license | 21 | | or permit;
| 22 | | 3. Of any person adjudicated under the Juvenile Court | 23 | | Act of 1987 based on an offense determined to have been | 24 | | committed in furtherance of the criminal activities of an | 25 | | organized gang as provided in Section 5-710 of that Act, | 26 | | and that involved the operation or use of a motor vehicle |
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| 1 | | or the use of a driver's license or permit. The revocation | 2 | | shall remain in effect for the period determined by the | 3 | | court. Upon the direction of the court, the Secretary shall | 4 | | issue the person a judicial driving permit, also known as a | 5 | | JDP. The JDP shall be subject to the same terms as a JDP | 6 | | issued under Section 6-206.1, except that the court may | 7 | | direct that a JDP issued under this subdivision (b)(3) be | 8 | | effective immediately.
| 9 | | (c)(1) Whenever a person is convicted of any of the | 10 | | offenses enumerated in
this Section, the court may recommend | 11 | | and the Secretary of State in his
discretion, without regard to | 12 | | whether the recommendation is made by the
court may, upon | 13 | | application,
issue to the person a
restricted driving permit | 14 | | granting the privilege of driving a motor
vehicle between the | 15 | | petitioner's residence and petitioner's place
of employment or | 16 | | within the scope of the petitioner's employment related
duties, | 17 | | or to allow the petitioner to transport himself or herself or a | 18 | | family member
of the petitioner's household to a medical | 19 | | facility for the receipt of necessary medical care or to allow | 20 | | the
petitioner to transport himself or herself to and from | 21 | | alcohol or drug remedial or rehabilitative activity | 22 | | recommended by a licensed service provider, or to allow the
| 23 | | petitioner to transport himself or herself or a family member | 24 | | of the petitioner's household to classes, as a student, at an | 25 | | accredited educational
institution, or to allow the petitioner | 26 | | to transport children, elderly persons, or disabled persons who |
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| 1 | | do not hold driving privileges and are living in the | 2 | | petitioner's household to and from daycare; if the petitioner | 3 | | is able to demonstrate that no alternative means
of | 4 | | transportation is reasonably available and that the petitioner | 5 | | will not endanger
the public safety or welfare; provided that | 6 | | the Secretary's discretion shall be
limited to cases where | 7 | | undue hardship, as defined by the rules of the Secretary of | 8 | | State, would result from a failure to issue the
restricted | 9 | | driving permit. Those multiple offenders identified in | 10 | | subdivision (b)4 of Section 6-208 of this Code, however, shall | 11 | | not be eligible for the issuance of a restricted driving | 12 | | permit.
| 13 | | (1.5) If a person is
convicted of a combination of 4 or | 14 | | more offenses which include a violation of Section 11-501 | 15 | | of this Code or a similar provision of a local
ordinance, | 16 | | Section 11-401 of this Code, or Section 9-3 of the
Criminal | 17 | | Code of 1961 or the Criminal Code of 2012, or
a combination | 18 | | of violations of
similar provisions of local ordinances,
| 19 | | similar out-of-state offenses, or similar offenses | 20 | | committed on a military installation, the person may make | 21 | | application for a restricted driving permit, at a formal | 22 | | hearing conducted under Section 2-118 of this Code, after | 23 | | the expiration of 3 years from the effective date of the | 24 | | most recent revocation, provided the person, in addition to | 25 | | all other requirements of the Secretary, shows by clear and | 26 | | convincing evidence: |
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| 1 | | (A) a minimum 3 years of uninterrupted abstinence | 2 | | from alcohol, other drug or drugs, intoxicating | 3 | | compound or compounds, or any combination thereof; and | 4 | | (B) the successful completion of all | 5 | | rehabilitative activity recommended by a properly | 6 | | licensed service provider, pursuant to an assessment | 7 | | of the person's alcohol or drug use. | 8 | | In determining whether an applicant is eligible for a | 9 | | restricted driving permit under this subparagraph (1.5), | 10 | | the Secretary may consider any relevant evidence, | 11 | | including but not limited to testimony, affidavits, | 12 | | records, and the results of regular alcohol or drug tests. | 13 | | A restricted driving permit issued under this | 14 | | subparagraph (1.5) shall provide that the holder may only | 15 | | operate vehicles equipped with an ignition interlock | 16 | | device. The Secretary may cancel a restricted driving | 17 | | permit or amend the conditions of a restricted driving | 18 | | permit issued under this subparagraph (1.5) if the holder | 19 | | operates a vehicle that is not equipped with an ignition | 20 | | interlock device, or for any other reason authorized under | 21 | | this Code. | 22 | | (2) If a person's license or permit is revoked or | 23 | | suspended due to 2 or
more convictions of violating Section | 24 | | 11-501 of this Code or a similar
provision of a local | 25 | | ordinance or a similar out-of-state offense, or Section 9-3 | 26 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
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| 1 | | where the use of alcohol or other drugs is recited as an | 2 | | element of the offense, or a similar out-of-state offense, | 3 | | or a combination of these offenses, arising out
of separate | 4 | | occurrences, that person, if issued a restricted driving | 5 | | permit,
may not operate a vehicle unless it has been | 6 | | equipped with an ignition
interlock device as defined in | 7 | | Section 1-129.1.
| 8 | | (3) If:
| 9 | | (A) a person's license or permit is revoked or | 10 | | suspended 2 or more
times within a 10 year period due | 11 | | to any combination of: | 12 | | (i)
a single conviction of violating Section
| 13 | | 11-501 of this Code or a similar provision of a | 14 | | local ordinance or a similar
out-of-state offense, | 15 | | or Section 9-3 of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012, where the use of alcohol or | 17 | | other drugs is recited as an element of the | 18 | | offense, or a similar out-of-state offense; or | 19 | | (ii)
a statutory summary suspension or | 20 | | revocation under Section
11-501.1; or | 21 | | (iii)
a suspension pursuant to Section | 22 | | 6-203.1;
| 23 | | arising out of
separate occurrences; or | 24 | | (B)
a person has been convicted of one violation of | 25 | | Section 6-303 of this Code committed while his or her | 26 | | driver's license, permit, or privilege was revoked |
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| 1 | | because of a violation of Section 9-3 of the Criminal | 2 | | Code of 1961 or the Criminal Code of 2012, relating to | 3 | | the offense of reckless homicide where the use of | 4 | | alcohol or other drugs was recited as an element of the | 5 | | offense, or a similar provision of a law of another | 6 | | state;
| 7 | | that person, if issued a restricted
driving permit, may not | 8 | | operate a vehicle unless it has been equipped with an
| 9 | | ignition interlock device as defined in Section 1-129.1. | 10 | | (4)
The person issued a permit conditioned on the use | 11 | | of an ignition interlock device must pay to the Secretary | 12 | | of State DUI Administration Fund an amount
not to exceed | 13 | | $30 per month. The Secretary shall establish by rule the | 14 | | amount
and the procedures, terms, and conditions relating | 15 | | to these fees. | 16 | | (5)
If the restricted driving permit is issued for | 17 | | employment purposes, then
the prohibition against | 18 | | operating a motor vehicle that is not equipped with an | 19 | | ignition interlock device does not apply to the operation | 20 | | of an occupational vehicle
owned or leased by that person's | 21 | | employer when used solely for employment purposes. | 22 | | (6)
In each case the Secretary of State may issue a
| 23 | | restricted driving permit for a period he deems | 24 | | appropriate, except that the
permit shall expire within one | 25 | | year from the date of issuance. The Secretary
may not, | 26 | | however, issue a restricted driving permit to any person |
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| 1 | | whose current
revocation is the result of a second or | 2 | | subsequent conviction for a violation
of Section 11-501 of | 3 | | this Code or a similar provision of a local ordinance
or | 4 | | any similar out-of-state offense, or Section 9-3 of the | 5 | | Criminal Code of 1961 or the Criminal Code of 2012, where | 6 | | the use of alcohol or other drugs is recited as an element | 7 | | of the offense, or any similar out-of-state offense, or any | 8 | | combination of these offenses, until the expiration of at | 9 | | least one year from the date of the
revocation. A | 10 | | restricted
driving permit issued under this Section shall | 11 | | be
subject to cancellation, revocation, and suspension by | 12 | | the Secretary of
State in like manner and for like cause as | 13 | | a driver's license issued
under this Code may be cancelled, | 14 | | revoked, or
suspended; except that a conviction upon one or | 15 | | more offenses against laws or
ordinances regulating the | 16 | | movement of traffic shall be deemed sufficient cause
for | 17 | | the revocation, suspension, or cancellation of a | 18 | | restricted driving permit.
The Secretary of State may, as a | 19 | | condition to the issuance of a restricted
driving permit, | 20 | | require the petitioner to participate in a designated | 21 | | driver
remedial or rehabilitative program. The Secretary | 22 | | of State is authorized to
cancel a restricted driving | 23 | | permit if the permit holder does not successfully
complete | 24 | | the program. However, if an individual's driving | 25 | | privileges have been
revoked in accordance with paragraph | 26 | | 13 of subsection (a) of this Section, no
restricted driving |
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| 1 | | permit shall be issued until the individual has served 6
| 2 | | months of the revocation period.
| 3 | | (c-5) (Blank).
| 4 | | (c-6) If a person is convicted of a second violation of | 5 | | operating a motor vehicle while the person's driver's license, | 6 | | permit or privilege was revoked, where the revocation was for a | 7 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 8 | | Criminal Code of 2012 relating to the offense of reckless | 9 | | homicide or a similar out-of-state offense, the person's | 10 | | driving privileges shall be revoked pursuant to subdivision | 11 | | (a)(15) of this Section. The person may not make application | 12 | | for a license or permit until the expiration of five years from | 13 | | the effective date of the revocation or the expiration of five | 14 | | years from the date of release from a term of imprisonment, | 15 | | whichever is later. | 16 | | (c-7) If a person is convicted of a third or subsequent | 17 | | violation of operating a motor vehicle while the person's | 18 | | driver's license, permit or privilege was revoked, where the | 19 | | revocation was for a violation of Section 9-3 of the Criminal | 20 | | Code of 1961 or the Criminal Code of 2012 relating to the | 21 | | offense of reckless homicide or a similar out-of-state offense, | 22 | | the person may never apply for a license or permit. | 23 | | (d)(1) Whenever a person under the age of 21 is convicted | 24 | | under Section
11-501 of this Code or a similar provision of a | 25 | | local ordinance or a similar out-of-state offense, the
| 26 | | Secretary of State shall revoke the driving privileges of that |
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| 1 | | person. One
year after the date of revocation, and upon | 2 | | application, the Secretary of
State may, if satisfied that the | 3 | | person applying will not endanger the
public safety or welfare, | 4 | | issue a restricted driving permit granting the
privilege of | 5 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 6 | | p.m. or as otherwise provided by this Section for a period of | 7 | | one year.
After this one year period, and upon reapplication | 8 | | for a license as
provided in Section 6-106, upon payment of the | 9 | | appropriate reinstatement
fee provided under paragraph (b) of | 10 | | Section 6-118, the Secretary of State,
in his discretion, may
| 11 | | reinstate the petitioner's driver's license and driving | 12 | | privileges, or extend the restricted driving permit as many | 13 | | times as the
Secretary of State deems appropriate, by | 14 | | additional periods of not more than
12 months each.
| 15 | | (2) If a person's license or permit is revoked or | 16 | | suspended due to 2 or
more convictions of violating Section | 17 | | 11-501 of this Code or a similar
provision of a local | 18 | | ordinance or a similar out-of-state offense, or Section 9-3 | 19 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 20 | | where the use of alcohol or other drugs is recited as an | 21 | | element of the offense, or a similar out-of-state offense, | 22 | | or a combination of these offenses, arising out
of separate | 23 | | occurrences, that person, if issued a restricted driving | 24 | | permit,
may not operate a vehicle unless it has been | 25 | | equipped with an ignition
interlock device as defined in | 26 | | 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 or the | 8 | | Criminal Code of 2012, where the use of alcohol or | 9 | | other drugs is recited as an element of the offense, or | 10 | | a similar out-of-state offense; or | 11 | | (B)
a statutory summary suspension or revocation | 12 | | under Section 11-501.1; or | 13 | | (C) a suspension pursuant to Section 6-203.1; | 14 | | arising out of separate occurrences, that person, if issued | 15 | | a
restricted
driving permit, may not operate a vehicle | 16 | | unless it has been equipped with an
ignition interlock | 17 | | device as defined in Section 1-129.1. | 18 | | (4)
The person issued a permit conditioned upon the use | 19 | | of an interlock device must pay to the Secretary of State | 20 | | DUI Administration Fund an amount
not to exceed $30 per | 21 | | month. The Secretary shall establish by rule the amount
and | 22 | | the procedures, terms, and conditions relating to these | 23 | | fees. | 24 | | (5)
If the restricted driving permit is issued for | 25 | | employment purposes, then
the prohibition against driving | 26 | | a vehicle that is not equipped with an ignition interlock |
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| 1 | | device does not apply to the operation of an occupational | 2 | | vehicle
owned or leased by that person's employer when used | 3 | | solely for employment purposes. | 4 | | (6) A
restricted driving permit issued under this | 5 | | Section shall be subject to
cancellation, revocation, and | 6 | | suspension by the Secretary of State in like
manner and for | 7 | | like cause as a driver's license issued under this Code may | 8 | | be
cancelled, revoked, or suspended; except that a | 9 | | conviction upon one or more
offenses against laws or | 10 | | ordinances regulating the movement of traffic
shall be | 11 | | deemed sufficient cause for the revocation, suspension, or
| 12 | | cancellation of a restricted driving permit.
| 13 | | (d-5) The revocation of the license, permit, or driving | 14 | | privileges of a person convicted of a third or subsequent | 15 | | violation of Section 6-303 of this Code committed while his or | 16 | | her driver's license, permit, or privilege was revoked because | 17 | | of a violation of Section 9-3 of the Criminal Code of 1961 or | 18 | | the Criminal Code of 2012, relating to the offense of reckless | 19 | | homicide, or a similar provision of a law of another state, is | 20 | | permanent. The Secretary may not, at any time, issue a license | 21 | | or permit to that person.
| 22 | | (e) This Section is subject to the provisions of the Driver | 23 | | License
Compact.
| 24 | | (f) Any revocation imposed upon any person under | 25 | | subsections 2
and 3 of paragraph (b) that is in effect on | 26 | | December 31, 1988 shall be
converted to a suspension for a like |
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| 1 | | period of time.
| 2 | | (g) The Secretary of State shall not issue a restricted | 3 | | driving permit to
a person under the age of 16 years whose | 4 | | driving privileges have been revoked
under any provisions of | 5 | | this Code.
| 6 | | (h) The Secretary of State shall require the use of | 7 | | ignition interlock
devices on all vehicles owned by a person | 8 | | who has been convicted of a
second or subsequent offense under | 9 | | Section 11-501 of this Code or a similar
provision of a local | 10 | | ordinance. The person must pay to the Secretary of State DUI | 11 | | Administration Fund an amount not to exceed $30 for each month | 12 | | that he or she uses the device. The Secretary shall establish | 13 | | by rule and
regulation the procedures for certification and use | 14 | | of the interlock
system, the amount of the fee, and the | 15 | | procedures, terms, and conditions relating to these fees.
| 16 | | (i) (Blank).
| 17 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 18 | | State may not issue a restricted driving permit for the | 19 | | operation of a commercial motor vehicle to a person holding a | 20 | | CDL whose driving privileges have been revoked, suspended, | 21 | | cancelled, or disqualified under any provisions of this Code.
| 22 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 23 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 24 | | 7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. | 25 | | 1-1-13; 97-1150, eff. 1-25-13.)
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| 1 | | (625 ILCS 5/6-206)
| 2 | | Sec. 6-206. Discretionary authority to suspend or revoke | 3 | | license or
permit; Right to a hearing.
| 4 | | (a) The Secretary of State is authorized to suspend or | 5 | | revoke the
driving privileges of any person without preliminary | 6 | | hearing upon a showing
of the person's records or other | 7 | | sufficient evidence that
the person:
| 8 | | 1. Has committed an offense for which mandatory | 9 | | revocation of
a driver's license or permit is required upon | 10 | | conviction;
| 11 | | 2. Has been convicted of not less than 3 offenses | 12 | | against traffic
regulations governing the movement of | 13 | | vehicles committed within any 12
month period. No | 14 | | revocation or suspension shall be entered more than
6 | 15 | | months after the date of last conviction;
| 16 | | 3. Has been repeatedly involved as a driver in motor | 17 | | vehicle
collisions or has been repeatedly convicted of | 18 | | offenses against laws and
ordinances regulating the | 19 | | movement of traffic, to a degree that
indicates lack of | 20 | | ability to exercise ordinary and reasonable care in
the | 21 | | safe operation of a motor vehicle or disrespect for the | 22 | | traffic laws
and the safety of other persons upon the | 23 | | highway;
| 24 | | 4. Has by the unlawful operation of a motor vehicle | 25 | | caused or
contributed to an accident resulting in injury | 26 | | requiring
immediate professional treatment in a medical |
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| 1 | | facility or doctor's office
to any person, except that any | 2 | | suspension or revocation imposed by the
Secretary of State | 3 | | under the provisions of this subsection shall start no
| 4 | | later than 6 months after being convicted of violating a | 5 | | law or
ordinance regulating the movement of traffic, which | 6 | | violation is related
to the accident, or shall start not | 7 | | more than one year
after
the date of the accident, | 8 | | whichever date occurs later;
| 9 | | 5. Has permitted an unlawful or fraudulent use of a | 10 | | driver's
license, identification card, or permit;
| 11 | | 6. Has been lawfully convicted of an offense or | 12 | | offenses in another
state, including the authorization | 13 | | contained in Section 6-203.1, which
if committed within | 14 | | this State would be grounds for suspension or revocation;
| 15 | | 7. Has refused or failed to submit to an examination | 16 | | provided for by
Section 6-207 or has failed to pass the | 17 | | examination;
| 18 | | 8. Is ineligible for a driver's license or permit under | 19 | | the provisions
of Section 6-103;
| 20 | | 9. Has made a false statement or knowingly concealed a | 21 | | material fact
or has used false information or | 22 | | identification in any application for a
license, | 23 | | identification card, or permit;
| 24 | | 10. Has possessed, displayed, or attempted to | 25 | | fraudulently use any
license, identification card, or | 26 | | permit not issued to the person;
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| 1 | | 11. Has operated a motor vehicle upon a highway of this | 2 | | State when
the person's driving privilege or privilege to | 3 | | obtain a driver's license
or permit was revoked or | 4 | | suspended unless the operation was authorized by
a | 5 | | monitoring device driving permit, judicial driving permit | 6 | | issued prior to January 1, 2009, probationary license to | 7 | | drive, or a restricted
driving permit issued under this | 8 | | Code;
| 9 | | 12. Has submitted to any portion of the application | 10 | | process for
another person or has obtained the services of | 11 | | another person to submit to
any portion of the application | 12 | | process for the purpose of obtaining a
license, | 13 | | identification card, or permit for some other person;
| 14 | | 13. Has operated a motor vehicle upon a highway of this | 15 | | State when
the person's driver's license or permit was | 16 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 17 | | 14. Has committed a violation of Section 6-301, | 18 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 19 | | of the Illinois Identification Card
Act;
| 20 | | 15. Has been convicted of violating Section 21-2 of the | 21 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 22 | | to criminal trespass to vehicles in which case, the | 23 | | suspension
shall be for one year;
| 24 | | 16. Has been convicted of violating Section 11-204 of | 25 | | this Code relating
to fleeing from a peace officer;
| 26 | | 17. Has refused to submit to a test, or tests, as |
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| 1 | | required under Section
11-501.1 of this Code and the person | 2 | | has not sought a hearing as
provided for in Section | 3 | | 11-501.1;
| 4 | | 18. Has, since issuance of a driver's license or | 5 | | permit, been adjudged
to be afflicted with or suffering | 6 | | from any mental disability or disease;
| 7 | | 19. Has committed a violation of paragraph (a) or (b) | 8 | | of Section 6-101
relating to driving without a driver's | 9 | | license;
| 10 | | 20. Has been convicted of violating Section 6-104 | 11 | | relating to
classification of driver's license;
| 12 | | 21. Has been convicted of violating Section 11-402 of
| 13 | | this Code relating to leaving the scene of an accident | 14 | | resulting in damage
to a vehicle in excess of $1,000, in | 15 | | which case the suspension shall be
for one year;
| 16 | | 22. Has used a motor vehicle in violating paragraph | 17 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 18 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 19 | | relating
to unlawful use of weapons, in which case the | 20 | | suspension shall be for one
year;
| 21 | | 23. Has, as a driver, been convicted of committing a | 22 | | violation of
paragraph (a) of Section 11-502 of this Code | 23 | | for a second or subsequent
time within one year of a | 24 | | similar violation;
| 25 | | 24. Has been convicted by a court-martial or punished | 26 | | by non-judicial
punishment by military authorities of the |
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| 1 | | United States at a military
installation in Illinois of or | 2 | | for a traffic related offense that is the
same as or | 3 | | similar to an offense specified under Section 6-205 or | 4 | | 6-206 of
this Code;
| 5 | | 25. Has permitted any form of identification to be used | 6 | | by another in
the application process in order to obtain or | 7 | | attempt to obtain a license,
identification card, or | 8 | | permit;
| 9 | | 26. Has altered or attempted to alter a license or has | 10 | | possessed an
altered license, identification card, or | 11 | | permit;
| 12 | | 27. Has violated Section 6-16 of the Liquor Control Act | 13 | | of 1934;
| 14 | | 28. Has been convicted for a first time of the illegal | 15 | | possession, while operating or
in actual physical control, | 16 | | as a driver, of a motor vehicle, of any
controlled | 17 | | substance prohibited under the Illinois Controlled | 18 | | Substances
Act, any cannabis prohibited under the Cannabis | 19 | | Control
Act, or any methamphetamine prohibited under the | 20 | | Methamphetamine Control and Community Protection Act, in | 21 | | which case the person's driving privileges shall be | 22 | | suspended for
one year.
Any defendant found guilty of this | 23 | | offense while operating a motor vehicle,
shall have an | 24 | | entry made in the court record by the presiding judge that
| 25 | | this offense did occur while the defendant was operating a | 26 | | motor vehicle
and order the clerk of the court to report |
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| 1 | | the violation to the Secretary
of State;
| 2 | | 29. Has been convicted of the following offenses that | 3 | | were committed
while the person was operating or in actual | 4 | | physical control, as a driver,
of a motor vehicle: criminal | 5 | | sexual assault,
predatory criminal sexual assault of a | 6 | | child,
aggravated criminal sexual
assault, criminal sexual | 7 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 8 | | soliciting for a juvenile prostitute, promoting juvenile | 9 | | prostitution as described in subdivision (a)(1), (a)(2), | 10 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 11 | | or the Criminal Code of 2012, and the manufacture, sale or
| 12 | | delivery of controlled substances or instruments used for | 13 | | illegal drug use
or abuse in which case the driver's | 14 | | driving privileges shall be suspended
for one year;
| 15 | | 30. Has been convicted a second or subsequent time for | 16 | | any
combination of the offenses named in paragraph 29 of | 17 | | this subsection,
in which case the person's driving | 18 | | privileges shall be suspended for 5
years;
| 19 | | 31. Has refused to submit to a test as
required by | 20 | | Section 11-501.6 or has submitted to a test resulting in
an | 21 | | alcohol concentration of 0.08 or more or any amount of a | 22 | | drug, substance, or
compound resulting from the unlawful | 23 | | use or consumption of cannabis as listed
in the Cannabis | 24 | | Control Act, a controlled substance as listed in the | 25 | | Illinois
Controlled Substances Act, an intoxicating | 26 | | compound as listed in the Use of
Intoxicating Compounds |
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| 1 | | Act, or methamphetamine as listed in the Methamphetamine | 2 | | Control and Community Protection Act, in which case the | 3 | | penalty shall be
as prescribed in Section 6-208.1;
| 4 | | 32. Has been convicted of Section 24-1.2 of the | 5 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 6 | | to the aggravated discharge of a firearm if the offender | 7 | | was
located in a motor vehicle at the time the firearm was | 8 | | discharged, in which
case the suspension shall be for 3 | 9 | | years;
| 10 | | 33. Has as a driver, who was less than 21 years of age | 11 | | on the date of
the offense, been convicted a first time of | 12 | | a violation of paragraph (a) of
Section 11-502 of this Code | 13 | | or a similar provision of a local ordinance;
| 14 | | 34. Has committed a violation of Section 11-1301.5 of | 15 | | this Code or a similar provision of a local ordinance;
| 16 | | 35. Has committed a violation of Section 11-1301.6 of | 17 | | this Code or a similar provision of a local ordinance;
| 18 | | 36. Is under the age of 21 years at the time of arrest | 19 | | and has been
convicted of not less than 2 offenses against | 20 | | traffic regulations governing
the movement of vehicles | 21 | | committed within any 24 month period. No revocation
or | 22 | | suspension shall be entered more than 6 months after the | 23 | | date of last
conviction;
| 24 | | 37. Has committed a violation of subsection (c) of | 25 | | Section 11-907 of this
Code that resulted in damage to the | 26 | | property of another or the death or injury of another;
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| 1 | | 38. Has been convicted of a violation of Section 6-20 | 2 | | of the Liquor
Control Act of 1934 or a similar provision of | 3 | | a local ordinance;
| 4 | | 39. Has committed a second or subsequent violation of | 5 | | Section
11-1201 of this Code;
| 6 | | 40. Has committed a violation of subsection (a-1) of | 7 | | Section 11-908 of
this Code; | 8 | | 41. Has committed a second or subsequent violation of | 9 | | Section 11-605.1 of this Code, a similar provision of a | 10 | | local ordinance, or a similar violation in any other state | 11 | | within 2 years of the date of the previous violation, in | 12 | | which case the suspension shall be for 90 days; | 13 | | 42. Has committed a violation of subsection (a-1) of | 14 | | Section 11-1301.3 of this Code or a similar provision of a | 15 | | local ordinance;
| 16 | | 43. Has received a disposition of court supervision for | 17 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 18 | | of the Liquor
Control Act of 1934 or a similar provision of | 19 | | a local ordinance, in which case the suspension shall be | 20 | | for a period of 3 months;
| 21 | | 44.
Is under the age of 21 years at the time of arrest | 22 | | and has been convicted of an offense against traffic | 23 | | regulations governing the movement of vehicles after | 24 | | having previously had his or her driving privileges
| 25 | | suspended or revoked pursuant to subparagraph 36 of this | 26 | | Section; |
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| 1 | | 45.
Has, in connection with or during the course of a | 2 | | formal hearing conducted under Section 2-118 of this Code: | 3 | | (i) committed perjury; (ii) submitted fraudulent or | 4 | | falsified documents; (iii) submitted documents that have | 5 | | been materially altered; or (iv) submitted, as his or her | 6 | | own, documents that were in fact prepared or composed for | 7 | | another person; or | 8 | | 46. Has committed a violation of subsection (j) of | 9 | | Section 3-413 of this Code. | 10 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 11 | | and 27 of this
subsection, license means any driver's license, | 12 | | any traffic ticket issued when
the person's driver's license is | 13 | | deposited in lieu of bail, a suspension
notice issued by the | 14 | | Secretary of State, a duplicate or corrected driver's
license, | 15 | | a probationary driver's license or a temporary driver's | 16 | | license.
| 17 | | (b) If any conviction forming the basis of a suspension or
| 18 | | revocation authorized under this Section is appealed, the
| 19 | | Secretary of State may rescind or withhold the entry of the | 20 | | order of suspension
or revocation, as the case may be, provided | 21 | | that a certified copy of a stay
order of a court is filed with | 22 | | the Secretary of State. If the conviction is
affirmed on | 23 | | appeal, the date of the conviction shall relate back to the | 24 | | time
the original judgment of conviction was entered and the 6 | 25 | | month limitation
prescribed shall not apply.
| 26 | | (c) 1. Upon suspending or revoking the driver's license or |
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| 1 | | permit of
any person as authorized in this Section, the | 2 | | Secretary of State shall
immediately notify the person in | 3 | | writing of the revocation or suspension.
The notice to be | 4 | | deposited in the United States mail, postage prepaid,
to the | 5 | | last known address of the person.
| 6 | | 2. If the Secretary of State suspends the driver's | 7 | | license
of a person under subsection 2 of paragraph (a) of | 8 | | this Section, a
person's privilege to operate a vehicle as | 9 | | an occupation shall not be
suspended, provided an affidavit | 10 | | is properly completed, the appropriate fee
received, and a | 11 | | permit issued prior to the effective date of the
| 12 | | suspension, unless 5 offenses were committed, at least 2 of | 13 | | which occurred
while operating a commercial vehicle in | 14 | | connection with the driver's
regular occupation. All other | 15 | | driving privileges shall be suspended by the
Secretary of | 16 | | State. Any driver prior to operating a vehicle for
| 17 | | occupational purposes only must submit the affidavit on | 18 | | forms to be
provided by the Secretary of State setting | 19 | | forth the facts of the person's
occupation. The affidavit | 20 | | shall also state the number of offenses
committed while | 21 | | operating a vehicle in connection with the driver's regular
| 22 | | occupation. The affidavit shall be accompanied by the | 23 | | driver's license.
Upon receipt of a properly completed | 24 | | affidavit, the Secretary of State
shall issue the driver a | 25 | | permit to operate a vehicle in connection with the
driver's | 26 | | regular occupation only. Unless the permit is issued by the
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| 1 | | Secretary of State prior to the date of suspension, the | 2 | | privilege to drive
any motor vehicle shall be suspended as | 3 | | set forth in the notice that was
mailed under this Section. | 4 | | If an affidavit is received subsequent to the
effective | 5 | | date of this suspension, a permit may be issued for the | 6 | | remainder
of the suspension period.
| 7 | | The provisions of this subparagraph shall not apply to | 8 | | any driver
required to possess a CDL for the purpose of | 9 | | operating a commercial motor vehicle.
| 10 | | Any person who falsely states any fact in the affidavit | 11 | | required
herein shall be guilty of perjury under Section | 12 | | 6-302 and upon conviction
thereof shall have all driving | 13 | | privileges revoked without further rights.
| 14 | | 3. At the conclusion of a hearing under Section 2-118 | 15 | | of this Code,
the Secretary of State shall either rescind | 16 | | or continue an order of
revocation or shall substitute an | 17 | | order of suspension; or, good
cause appearing therefor, | 18 | | rescind, continue, change, or extend the
order of | 19 | | suspension. If the Secretary of State does not rescind the | 20 | | order,
the Secretary may upon application,
to relieve undue | 21 | | hardship (as defined by the rules of the Secretary of | 22 | | State), issue
a restricted driving permit granting the | 23 | | privilege of driving a motor
vehicle between the | 24 | | petitioner's residence and petitioner's place of
| 25 | | employment or within the scope of the petitioner's | 26 | | employment related duties, or to
allow the petitioner to |
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| 1 | | transport himself or herself, or a family member of the
| 2 | | petitioner's household to a medical facility, to receive | 3 | | necessary medical care, to allow the petitioner to | 4 | | transport himself or herself to and from alcohol or drug
| 5 | | remedial or rehabilitative activity recommended by a | 6 | | licensed service provider, or to allow the petitioner to | 7 | | transport himself or herself or a family member of the | 8 | | petitioner's household to classes, as a student, at an | 9 | | accredited educational institution, or to allow the | 10 | | petitioner to transport children, elderly persons, or | 11 | | disabled persons who do not hold driving privileges and are | 12 | | living in the petitioner's household to and from daycare. | 13 | | The
petitioner must demonstrate that no alternative means | 14 | | of
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 or the | 24 | | Criminal Code of 2012, where the use of alcohol or | 25 | | other drugs is recited as an element of the offense, or | 26 | | a similar out-of-state offense, or a combination of |
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| 1 | | these offenses, arising out
of separate occurrences, | 2 | | that person, if issued a restricted driving permit,
may | 3 | | not operate a vehicle unless it has been equipped with | 4 | | an ignition
interlock device as defined in Section | 5 | | 1-129.1.
| 6 | | (B) If 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 or the | 13 | | Criminal Code of 2012, where the use of alcohol or | 14 | | other drugs is recited as an element of the | 15 | | offense, or a similar out-of-state offense; or | 16 | | (ii) a statutory summary suspension or | 17 | | revocation under Section
11-501.1; or | 18 | | (iii) a suspension under Section 6-203.1; | 19 | | arising out of
separate occurrences; that person, if | 20 | | issued a restricted driving permit, may
not operate a | 21 | | vehicle unless it has been
equipped with an ignition | 22 | | interlock device as defined in Section 1-129.1. | 23 | | (C)
The person issued a permit conditioned upon the | 24 | | use of an ignition interlock device must pay to the | 25 | | Secretary of State DUI Administration Fund an amount
| 26 | | not to exceed $30 per month. The Secretary shall |
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| 1 | | establish by rule the amount
and the procedures, terms, | 2 | | and conditions relating to these fees. | 3 | | (D) If the
restricted driving permit is issued for | 4 | | employment purposes, then the prohibition against | 5 | | operating a motor vehicle that is not equipped with an | 6 | | ignition interlock device does not apply to the | 7 | | operation of an occupational vehicle owned or
leased by | 8 | | that person's employer when used solely for employment | 9 | | purposes. | 10 | | (E) In each case the Secretary may issue a
| 11 | | restricted driving permit for a period deemed | 12 | | appropriate, except that all
permits shall expire | 13 | | within one year from the date of issuance. The | 14 | | Secretary
may not, however, issue a restricted driving | 15 | | permit to any person whose current
revocation is the | 16 | | result of a second or subsequent conviction for a | 17 | | violation
of Section 11-501 of this Code or a similar | 18 | | provision of a local ordinance
or any similar | 19 | | out-of-state offense, or Section 9-3 of the Criminal | 20 | | Code of 1961 or the Criminal Code of 2012, where the | 21 | | use of alcohol or other drugs is recited as an element | 22 | | of the offense, or any similar out-of-state offense, or | 23 | | any combination
of those offenses, until the | 24 | | expiration of at least one year from the date of
the | 25 | | revocation. A
restricted driving permit issued under | 26 | | this Section shall be subject to
cancellation, |
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| 1 | | revocation, and suspension by the Secretary of State in | 2 | | like
manner and for like cause as a driver's license | 3 | | issued under this Code may be
cancelled, revoked, or | 4 | | suspended; except that a conviction upon one or more
| 5 | | offenses against laws or ordinances regulating the | 6 | | movement of traffic
shall be deemed sufficient cause | 7 | | for the revocation, suspension, or
cancellation of a | 8 | | restricted driving permit. The Secretary of State may, | 9 | | as
a condition to the issuance of a restricted driving | 10 | | permit, require the
applicant to participate in a | 11 | | designated driver remedial or rehabilitative
program. | 12 | | The Secretary of State is authorized to cancel a | 13 | | restricted
driving permit if the permit holder does not | 14 | | successfully complete the program.
| 15 | | (F) If a person is
convicted of a combination of 4 | 16 | | or more offenses which include a violation of Section | 17 | | 11-501 of this Code or a similar provision of a local
| 18 | | ordinance, Section 11-401 of this Code, or Section 9-3 | 19 | | of the
Criminal Code of 1961 or the Criminal Code of | 20 | | 2012, or
a combination of violations of
similar | 21 | | provisions of local ordinances,
similar out-of-state | 22 | | offenses, or similar offenses committed on a military | 23 | | installation, the person may make application for a | 24 | | restricted driving permit, at a formal hearing | 25 | | conducted under Section 2-118 of this Code, after the | 26 | | expiration of 3 years from the effective date of the |
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| 1 | | most recent revocation, provided the person, in | 2 | | addition to all other requirements of the Secretary, | 3 | | shows by clear and convincing evidence: | 4 | | (i) a minimum 3 years of uninterrupted | 5 | | abstinence from alcohol, other drug or drugs, | 6 | | intoxicating compound or compounds, or any | 7 | | combination thereof; and | 8 | | (ii) the successful completion of all | 9 | | rehabilitative activity recommended by a properly | 10 | | licensed service provider, pursuant to an | 11 | | assessment of the person's alcohol or drug use. | 12 | | In determining whether an applicant is eligible | 13 | | for a restricted driving permit under this | 14 | | subparagraph (F), the Secretary may consider any | 15 | | relevant evidence, including but not limited to | 16 | | testimony, affidavits, records, and the results of | 17 | | regular alcohol or drug tests. | 18 | | A restricted driving permit issued under this | 19 | | subparagraph (F) shall provide that the holder may only | 20 | | operate vehicles equipped with an ignition interlock | 21 | | device. The Secretary may cancel a restricted driving | 22 | | permit or amend the conditions of a restricted driving | 23 | | permit issued under this subparagraph (F) if the holder | 24 | | operates a vehicle that is not equipped with an | 25 | | ignition interlock device, or for any other reason | 26 | | authorized under this Code. |
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| 1 | | (c-3) In the case of a suspension under paragraph 43 of | 2 | | subsection (a), reports received by the Secretary of State | 3 | | under this Section shall, except during the actual time the | 4 | | suspension is in effect, be privileged information and for use | 5 | | only by the courts, police officers, prosecuting authorities, | 6 | | the driver licensing administrator of any other state, the | 7 | | Secretary of State, or the parent or legal guardian of a driver | 8 | | under the age of 18. However, beginning January 1, 2008, if the | 9 | | person is a CDL holder, the suspension shall also be made | 10 | | available to the driver licensing administrator of any other | 11 | | state, the U.S. Department of Transportation, and the affected | 12 | | driver or motor
carrier or prospective motor carrier upon | 13 | | request.
| 14 | | (c-4) In the case of a suspension under paragraph 43 of | 15 | | subsection (a), the Secretary of State shall notify the person | 16 | | by mail that his or her driving privileges and driver's license | 17 | | will be suspended one month after the date of the mailing of | 18 | | the notice.
| 19 | | (c-5) The Secretary of State may, as a condition of the | 20 | | reissuance of a
driver's license or permit to an applicant | 21 | | whose driver's license or permit has
been suspended before he | 22 | | or she reached the age of 21 years pursuant to any of
the | 23 | | provisions of this Section, require the applicant to | 24 | | participate in a
driver remedial education course and be | 25 | | retested under Section 6-109 of this
Code.
| 26 | | (d) This Section is subject to the provisions of the |
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| 1 | | Drivers License
Compact.
| 2 | | (e) The Secretary of State shall not issue a restricted | 3 | | driving permit to
a person under the age of 16 years whose | 4 | | driving privileges have been suspended
or revoked under any | 5 | | provisions of this Code.
| 6 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 7 | | State may not issue a restricted driving permit for the | 8 | | operation of a commercial motor vehicle to a person holding a | 9 | | CDL whose driving privileges have been suspended, revoked, | 10 | | cancelled, or disqualified under any provisions of this Code. | 11 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 12 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 13 | | 7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, | 14 | | eff. 8-12-11; 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, | 15 | | eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| 16 | | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| 17 | | Sec. 6-208. Period of Suspension - Application After | 18 | | Revocation.
| 19 | | (a) Except as otherwise provided by this Code or any other | 20 | | law of this
State, the Secretary of State shall not suspend a | 21 | | driver's license,
permit, or privilege to drive a motor vehicle | 22 | | on the highways for a
period of more than one year.
| 23 | | (b) Any person whose license, permit, or privilege to drive | 24 | | a motor
vehicle on the highways has been revoked shall not be | 25 | | entitled to have
such license, permit, or privilege renewed or |
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| 1 | | restored. However, such
person may, except as provided under | 2 | | subsections (d) and (d-5) of Section 6-205, make
application | 3 | | for a license pursuant to Section 6-106 (i) if the revocation
| 4 | | was
for a cause that
has been removed or (ii) as provided in | 5 | | the following
subparagraphs:
| 6 | | 1. Except as provided in subparagraphs 1.5, 2, 3,
4, | 7 | | and 5,
the person may make application for a license (A) | 8 | | after the expiration of one
year from the effective date of | 9 | | the revocation, (B) in the case of a violation of paragraph | 10 | | (b) of Section 11-401 of this
Code or a similar provision | 11 | | of a local ordinance, after the expiration of 3
years from | 12 | | the effective date of the revocation, or
(C) in the case of | 13 | | a violation
of Section 9-3 of the Criminal Code of 1961 or | 14 | | the Criminal Code of 2012 or a similar provision of a law | 15 | | of another state relating to the offense of reckless
| 16 | | homicide or a violation of subparagraph (F) of paragraph 1 | 17 | | of subsection (d) of Section 11-501 of this Code relating | 18 | | to aggravated driving under the influence of alcohol, other | 19 | | drug or drugs, intoxicating compound or compounds, or any | 20 | | combination thereof, if the violation was the proximate | 21 | | cause of a death, after the expiration of 2 years from the | 22 | | effective date of the
revocation
or after the expiration of | 23 | | 24 months from the date of release from
a
period of | 24 | | imprisonment as provided in Section
6-103 of this Code, | 25 | | whichever is later.
| 26 | | 1.5. If the person is convicted of a violation of |
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| 1 | | Section 6-303 of this Code committed while his or her | 2 | | driver's license, permit, or privilege was revoked because | 3 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 4 | | or the Criminal Code of 2012, relating to the offense of | 5 | | reckless homicide, or a similar provision of a law of | 6 | | another state, the person may not make application for a | 7 | | license or permit until the expiration of 3 years from the | 8 | | date of the conviction.
| 9 | | 2. If such person is convicted of committing a second | 10 | | violation within a 20-year
period of:
| 11 | | (A) Section 11-501 of this Code or a similar | 12 | | provision of a local
ordinance;
| 13 | | (B) Paragraph (b) of Section 11-401 of this Code or | 14 | | a similar
provision
of a local ordinance;
| 15 | | (C) Section 9-3 of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012, relating
to the
offense of | 17 | | reckless homicide; or
| 18 | | (D) any combination of the above offenses | 19 | | committed at different
instances;
| 20 | | then such person may not make application for a license | 21 | | until after
the expiration of 5 years from the effective | 22 | | date of the most recent
revocation. The 20-year
period | 23 | | shall be computed by using the dates the
offenses were | 24 | | committed and shall also include similar out-of-state
| 25 | | offenses and similar offenses committed on a military | 26 | | installation.
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| 1 | | 2.5. If a person is convicted of a second violation of | 2 | | Section 6-303 of this Code committed while the person's | 3 | | driver's license, permit, or privilege was revoked because | 4 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 5 | | or the Criminal Code of 2012, relating to the offense of | 6 | | reckless homicide, or a similar provision of a law of | 7 | | another state, the person may not make application for a | 8 | | license or permit until the expiration of 5 years from the | 9 | | date of release from a term of imprisonment.
| 10 | | 3. However, except as provided in subparagraph 4, if | 11 | | such person is
convicted of committing a third or
| 12 | | subsequent violation or any combination of the above | 13 | | offenses, including
similar out-of-state offenses and | 14 | | similar offenses committed on a military installation, | 15 | | contained in subparagraph 2, then such person
may not make | 16 | | application for a license until after the expiration of 10 | 17 | | years
from the effective date of the most recent | 18 | | revocation.
| 19 | | 4. Except as provided in subparagraph (c)(1.5) of | 20 | | Section 6-205 and subparagraph (c)(3)(F) of Section 6-206 | 21 | | of this Code, the The person may not make application for a | 22 | | license if the person is
convicted of committing a fourth | 23 | | or subsequent
violation of Section 11-501 of this Code or a | 24 | | similar provision of a local
ordinance, Section 11-401 of | 25 | | this Code, Section 9-3 of the
Criminal Code of 1961 or the | 26 | | Criminal Code of 2012, or
a combination of these offenses,
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| 1 | | similar provisions of local ordinances,
similar | 2 | | out-of-state offenses, or similar offenses committed on a | 3 | | military installation.
| 4 | | 4.5. A bona fide resident of a foreign jurisdiction who | 5 | | is subject to the provisions of subparagraph 4 may make | 6 | | application for termination of the revocation after a | 7 | | period of 10 years from the effective date of the most | 8 | | recent revocation. However, if a person who has been | 9 | | granted a termination of revocation under this | 10 | | subparagraph 4.5 subsequently becomes a resident of this | 11 | | State, the revocation shall be reinstated and the person | 12 | | shall be subject to the provisions of subparagraph 4. | 13 | | 5. The person may not make application for a license or | 14 | | permit if the person is convicted of a third or subsequent | 15 | | violation of Section 6-303 of this Code committed while his | 16 | | or her driver's license, permit, or privilege was revoked | 17 | | because of a violation of Section 9-3 of the Criminal Code | 18 | | of 1961 or the Criminal Code of 2012, relating to the | 19 | | offense of reckless homicide, or a similar provision of a | 20 | | law of another state.
| 21 | | Notwithstanding any other provision of this Code, all | 22 | | persons referred to
in this paragraph (b) may not have their | 23 | | privileges restored until the
Secretary receives payment of the | 24 | | required reinstatement fee pursuant to
subsection (b) of | 25 | | Section 6-118.
| 26 | | In no event shall the Secretary issue such license
unless |
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| 1 | | and until such person has had a hearing pursuant to this Code | 2 | | and
the appropriate administrative rules and the Secretary is
| 3 | | satisfied, after a review or investigation of such person, that
| 4 | | to grant the privilege of driving a motor vehicle on the | 5 | | highways will
not endanger the public safety or welfare.
| 6 | | (c) (Blank).
| 7 | | (Source: P.A. 96-607, eff. 8-24-09; 97-1150, eff. 1-25-13.)
| 8 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 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 |
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| 1 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 2 | | relating to the offense of reckless homicide or a similar | 3 | | provision of a law of another state, is guilty of a Class 4 | 4 | | felony. The person shall be required to undergo a professional | 5 | | evaluation, as provided in Section 11-501 of this Code, to | 6 | | determine if an alcohol, drug, or intoxicating compound problem | 7 | | exists and the extent of the problem, and to undergo the | 8 | | imposition of treatment as appropriate.
| 9 | | (b) (Blank). | 10 | | (b-1) Upon receiving a report of the conviction of any | 11 | | violation indicating a person was operating a motor vehicle | 12 | | during the time when the person's driver's license, permit or | 13 | | privilege was suspended by the Secretary of State or the | 14 | | driver's licensing administrator of another state, except as | 15 | | specifically allowed by a probationary license, judicial | 16 | | driving permit, restricted driving permit or monitoring device | 17 | | driving permit the Secretary shall extend the suspension for | 18 | | the same period of time as the originally imposed suspension | 19 | | unless the suspension has already expired, in which case the | 20 | | Secretary shall be authorized to suspend the person's driving | 21 | | privileges for the same period of time as the originally | 22 | | imposed suspension. | 23 | | (b-2) Except as provided in subsection (b-6), upon | 24 | | receiving a report of the conviction of any violation | 25 | | indicating a person was operating a motor vehicle when the | 26 | | person's driver's license, permit or privilege was revoked by |
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| 1 | | the Secretary of State or the driver's license administrator of | 2 | | any other state, except as specifically allowed by a restricted | 3 | | driving permit issued pursuant to this Code or the law of | 4 | | another state, the Secretary shall not issue a driver's license | 5 | | for an additional period of one year from the date of such | 6 | | conviction indicating such person was operating a vehicle | 7 | | during such period of revocation. | 8 | | (b-3) (Blank).
| 9 | | (b-4) When the Secretary of State receives a report of a | 10 | | conviction of any violation indicating a person was operating a | 11 | | motor vehicle that was not equipped with an ignition interlock | 12 | | device during a time when the person was prohibited from | 13 | | operating a motor vehicle not equipped with such a device, the | 14 | | Secretary shall not issue a driver's license to that person for | 15 | | an additional period of one year from the date of the | 16 | | conviction.
| 17 | | (b-5) Any person convicted of violating this Section shall | 18 | | serve a minimum
term of imprisonment of 30 consecutive days or | 19 | | 300
hours of community service
when the person's driving | 20 | | privilege was revoked or suspended as a result of a violation | 21 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 22 | | Code of 2012,
relating to the offense of reckless homicide, or | 23 | | a similar provision of a law of another state.
| 24 | | (b-6) Upon receiving a report of a first conviction of | 25 | | operating a motor vehicle while the person's driver's license, | 26 | | permit or privilege was revoked where the revocation was for a |
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| 1 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012 relating to the offense of reckless | 3 | | homicide or a similar out-of-state offense, the Secretary shall | 4 | | not issue a driver's license for an additional period of three | 5 | | years from the date of such conviction. | 6 | | (c) Except as provided in subsections (c-3) and (c-4), any | 7 | | person convicted of violating this Section shall serve a | 8 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 9 | | of community service
when the person's driving privilege was | 10 | | revoked or suspended as a result of:
| 11 | | (1) a violation of Section 11-501 of this Code or a | 12 | | similar provision
of a local ordinance relating to the | 13 | | offense of operating or being in physical
control of a | 14 | | vehicle while under the influence of alcohol, any other | 15 | | drug
or any combination thereof; or
| 16 | | (2) a violation of paragraph (b) of Section 11-401 of | 17 | | this Code or a
similar provision of a local ordinance | 18 | | relating to the offense of leaving the
scene of a motor | 19 | | vehicle accident involving personal injury or death; or
| 20 | | (3)
a statutory summary suspension or revocation under | 21 | | Section 11-501.1 of this
Code.
| 22 | | Such sentence of imprisonment or community service shall | 23 | | not be subject
to suspension in order to reduce such sentence.
| 24 | | (c-1) Except as provided in subsections (c-5) and (d), any | 25 | | person convicted of a
second violation of this Section shall be | 26 | | ordered by the court to serve a
minimum
of 100 hours of |
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| 1 | | community service.
| 2 | | (c-2) In addition to other penalties imposed under this | 3 | | Section, the
court may impose on any person convicted a fourth | 4 | | time of violating this
Section any of
the following:
| 5 | | (1) Seizure of the license plates of the person's | 6 | | vehicle.
| 7 | | (2) Immobilization of the person's vehicle for a period | 8 | | of time
to be determined by the court.
| 9 | | (c-3) Any person convicted of a violation of this Section | 10 | | during a period of summary suspension imposed pursuant to | 11 | | Section 11-501.1 when the person was eligible for a MDDP shall | 12 | | be guilty of a Class 4 felony and shall serve a minimum term of | 13 | | imprisonment of 30 days. | 14 | | (c-4) Any person who has been issued a MDDP or a restricted | 15 | | driving permit which requires the person to operate only motor | 16 | | vehicles equipped with an ignition interlock device and who is | 17 | | convicted of a violation of this Section as a result of | 18 | | operating or being in actual physical control of a motor | 19 | | vehicle not equipped with an ignition interlock device at the | 20 | | time of the offense shall be guilty of a Class 4 felony and | 21 | | shall serve a minimum term of imprisonment of 30 days.
| 22 | | (c-5) Any person convicted of a second violation of this
| 23 | | Section is guilty of a Class 2 felony, is not eligible for | 24 | | probation or conditional discharge, and shall serve a mandatory | 25 | | term of
imprisonment, if the
revocation or
suspension was for a | 26 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
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| 1 | | Criminal Code of 2012, relating
to the offense of reckless | 2 | | homicide, or a similar out-of-state offense.
| 3 | | (d) Any person convicted of a second violation of this
| 4 | | Section shall be guilty of a Class 4 felony and shall serve a | 5 | | minimum term of
imprisonment of 30 days or 300 hours of | 6 | | community service, as determined by the
court, if the original
| 7 | | revocation or
suspension was for a violation of Section 11-401 | 8 | | or 11-501 of this Code,
or a similar out-of-state offense, or a | 9 | | similar provision of a local
ordinance, or a
statutory summary | 10 | | suspension or revocation under Section 11-501.1 of this Code.
| 11 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 12 | | (d-3), any
person convicted of
a third or subsequent violation | 13 | | of this Section shall serve a minimum term of
imprisonment of | 14 | | 30 days or 300 hours of community service, as determined by the
| 15 | | court.
| 16 | | (d-2) Any person convicted of a third violation of this
| 17 | | Section is guilty of a Class 4 felony and must serve a minimum | 18 | | term of
imprisonment of 30 days if the revocation or
suspension | 19 | | was for a violation of Section 11-401 or 11-501 of this Code,
| 20 | | or a similar out-of-state offense, or a similar provision of a | 21 | | local
ordinance, or a
statutory summary suspension or | 22 | | revocation under Section 11-501.1 of this Code.
| 23 | | (d-2.5) Any person convicted of a third violation of this
| 24 | | Section is guilty of a Class 1 felony, is not eligible for | 25 | | probation or conditional discharge, and must serve a mandatory | 26 | | term of
imprisonment if the revocation or
suspension was for a |
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| 1 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012, relating to the offense of reckless | 3 | | homicide, or a similar out-of-state offense.
The person's | 4 | | driving privileges shall be revoked for the remainder of the | 5 | | person's life. | 6 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 7 | | seventh, eighth, or ninth violation of this
Section is guilty | 8 | | of a Class 4 felony and must serve a minimum term of
| 9 | | imprisonment of 180 days if the revocation or suspension was | 10 | | for a
violation of Section 11-401 or 11-501 of this Code, or a | 11 | | similar out-of-state
offense, or a similar provision of a local | 12 | | ordinance, or a statutory
summary suspension or revocation | 13 | | under Section 11-501.1 of this Code.
| 14 | | (d-3.5) Any person convicted of a fourth or subsequent | 15 | | violation of this
Section is guilty of a Class 1 felony, is not | 16 | | eligible for probation or conditional discharge, and must serve | 17 | | a mandatory term of
imprisonment, and is eligible for an | 18 | | extended term, if the revocation or suspension was for a
| 19 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012, relating to the offense of reckless | 21 | | homicide, or a similar out-of-state offense.
| 22 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 23 | | thirteenth, or fourteenth violation of this Section is guilty | 24 | | of a Class 3 felony, and is not eligible for probation or | 25 | | conditional discharge, if the revocation or suspension was for | 26 | | a violation of Section 11-401 or 11-501 of this Code, or a |
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| 1 | | similar out-of-state offense, or a similar provision of a local | 2 | | ordinance, or a statutory summary suspension or revocation | 3 | | under Section 11-501.1 of this Code. | 4 | | (d-5) Any person convicted of a fifteenth or subsequent | 5 | | violation of this Section is guilty of a Class 2 felony, and is | 6 | | not eligible for probation or conditional discharge, if the | 7 | | revocation or suspension was for a violation of Section 11-401 | 8 | | or 11-501 of this Code, or a similar out-of-state offense, or a | 9 | | similar provision of a local ordinance, or a statutory summary | 10 | | suspension or revocation under Section 11-501.1 of this Code.
| 11 | | (e) Any person in violation of this Section who is also in | 12 | | violation of
Section 7-601 of this Code relating to mandatory | 13 | | insurance requirements, in
addition to other penalties imposed | 14 | | under this Section, shall have his or her
motor vehicle | 15 | | immediately impounded by the arresting law enforcement | 16 | | officer.
The motor vehicle may be released to any licensed | 17 | | driver upon a showing of
proof of insurance for the vehicle | 18 | | that was impounded and the notarized written
consent for the | 19 | | release by the vehicle owner.
| 20 | | (f) For any prosecution under this Section, a certified | 21 | | copy of the
driving abstract of the defendant shall be admitted | 22 | | as proof of any prior
conviction.
| 23 | | (g) The motor vehicle used in a violation of this Section | 24 | | is subject
to seizure and forfeiture as provided in Sections | 25 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | 26 | | driving privilege was revoked
or suspended as a result of: |
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| 1 | | (1) a violation of Section 11-501 of this Code, a | 2 | | similar provision
of a local ordinance, or a similar | 3 | | provision of a law of another state; | 4 | | (2) a violation of paragraph (b) of Section 11-401 of | 5 | | this Code, a
similar provision of a local ordinance, or a | 6 | | similar provision of a law of another state; | 7 | | (3) a statutory summary suspension or revocation under | 8 | | Section 11-501.1 of this
Code or a similar provision of a | 9 | | law of another state; or | 10 | | (4) a violation of Section 9-3 of the Criminal Code of | 11 | | 1961 or the Criminal Code of 2012 relating to the offense | 12 | | of reckless homicide, or a similar provision of a law of | 13 | | another state.
| 14 | | (Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; | 15 | | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff. | 16 | | 1-1-13; 97-1150, eff. 1-25-13.)
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