HB4206ham001 98TH GENERAL ASSEMBLY

Rep. Elaine Nekritz

Filed: 4/8/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4206

2    AMENDMENT NO. ______. Amend House Bill 4206 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing 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;
8Hardship cases.
9    (a) Except as provided in this Section, the Secretary of
10State shall immediately revoke the license, permit, or driving
11privileges of any driver upon receiving a report of the
12driver'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

 

 

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1    offense of operating or being in physical control of a
2    vehicle while under the influence of alcohol, other drug or
3    drugs, intoxicating compound or compounds, or any
4    combination thereof;
5        3. Any felony under the laws of any State or the
6    federal government in the commission of which a motor
7    vehicle was used;
8        4. Violation of Section 11-401 of this Code relating to
9    the offense of leaving the scene of a traffic accident
10    involving death or personal injury;
11        5. Perjury or the making of a false affidavit or
12    statement under oath to the Secretary of State under this
13    Code or under any other law relating to the ownership or
14    operation of motor vehicles;
15        6. Conviction upon 3 charges of violation of Section
16    11-503 of this Code relating to the offense of reckless
17    driving committed within a period of 12 months;
18        7. Conviction of any offense defined in Section 4-102
19    of this Code;
20        8. Violation of Section 11-504 of this Code relating to
21    the offense of drag racing;
22        9. Violation of Chapters 8 and 9 of this Code;
23        10. Violation of Section 12-5 of the Criminal Code of
24    1961 or the Criminal Code of 2012 arising from the use of a
25    motor vehicle;
26        11. Violation of Section 11-204.1 of this Code relating

 

 

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1    to aggravated fleeing or attempting to elude a peace
2    officer;
3        12. Violation of paragraph (1) of subsection (b) of
4    Section 6-507, or a similar law of any other state,
5    relating to the unlawful operation of a commercial motor
6    vehicle;
7        13. Violation of paragraph (a) of Section 11-502 of
8    this Code or a similar provision of a local ordinance if
9    the driver has been previously convicted of a violation of
10    that Section or a similar provision of a local ordinance
11    and the driver was less than 21 years of age at the time of
12    the offense;
13        14. Violation of paragraph (a) of Section 11-506 of
14    this Code or a similar provision of a local ordinance
15    relating to the offense of street racing;
16        15. A second or subsequent conviction of driving while
17    the person's driver's license, permit or privileges was
18    revoked for reckless homicide or a similar out-of-state
19    offense;
20        16. Any offense against any provision in this Code, or
21    any local ordinance, regulating the movement of traffic
22    when that offense was the proximate cause of the death of
23    any person. Any person whose driving privileges have been
24    revoked pursuant to this paragraph may seek to have the
25    revocation terminated or to have the length of revocation
26    reduced by requesting an administrative hearing with the

 

 

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1    Secretary of State prior to the projected driver's license
2    application eligibility date;
3        17. Violation of subsection (a-2) of Section 11-1301.3
4    of this Code or a similar provision of a local ordinance;
5        18. A second or subsequent conviction of illegal
6    possession, while operating or in actual physical control,
7    as a driver, of a motor vehicle, of any controlled
8    substance prohibited under the Illinois Controlled
9    Substances Act, any cannabis prohibited under the Cannabis
10    Control Act, or any methamphetamine prohibited under the
11    Methamphetamine Control and Community Protection Act. A
12    defendant found guilty of this offense while operating a
13    motor vehicle shall have an entry made in the court record
14    by the presiding judge that this offense did occur while
15    the defendant was operating a motor vehicle and order the
16    clerk of the court to report the violation to the Secretary
17    of State.
18    (b) The Secretary of State shall also immediately revoke
19the license or permit of any driver in the following
20situations:
21        1. Of any minor upon receiving the notice provided for
22    in Section 5-901 of the Juvenile Court Act of 1987 that the
23    minor has been adjudicated under that Act as having
24    committed an offense relating to motor vehicles prescribed
25    in Section 4-103 of this Code;
26        2. Of any person when any other law of this State

 

 

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1    requires either the revocation or suspension of a license
2    or permit;
3        3. Of any person adjudicated under the Juvenile Court
4    Act of 1987 based on an offense determined to have been
5    committed in furtherance of the criminal activities of an
6    organized gang as provided in Section 5-710 of that Act,
7    and that involved the operation or use of a motor vehicle
8    or the use of a driver's license or permit. The revocation
9    shall remain in effect for the period determined by the
10    court. Upon the direction of the court, the Secretary shall
11    issue the person a judicial driving permit, also known as a
12    JDP. The JDP shall be subject to the same terms as a JDP
13    issued under Section 6-206.1, except that the court may
14    direct that a JDP issued under this subdivision (b)(3) be
15    effective immediately.
16    (c)(1) Whenever a person is convicted of any of the
17offenses enumerated in this Section, the court may recommend
18and the Secretary of State in his discretion, without regard to
19whether the recommendation is made by the court may, upon
20application, issue to the person a restricted driving permit
21granting the privilege of driving a motor vehicle between the
22petitioner's residence and petitioner's place of employment or
23within the scope of the petitioner's employment related duties,
24or to allow the petitioner to transport himself or herself or a
25family member of the petitioner's household to a medical
26facility for the receipt of necessary medical care or to allow

 

 

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1the petitioner to transport himself or herself to and from
2alcohol or drug remedial or rehabilitative activity
3recommended by a licensed service provider, or to allow the
4petitioner to transport himself or herself or a family member
5of the petitioner's household to classes, as a student, at an
6accredited educational institution, or to allow the petitioner
7to transport children, elderly persons, or disabled persons who
8do not hold driving privileges and are living in the
9petitioner's household to and from daycare; if the petitioner
10is able to demonstrate that no alternative means of
11transportation is reasonably available and that the petitioner
12will not endanger the public safety or welfare; provided that
13the Secretary's discretion shall be limited to cases where
14undue hardship, as defined by the rules of the Secretary of
15State, would result from a failure to issue the restricted
16driving permit. Those multiple offenders identified in
17subdivision (b)4 of Section 6-208 of this Code, however, shall
18not be eligible for the issuance of a restricted driving
19permit.
20        (1.5) A person subject to the provisions of paragraph
21    (4) of subsection (b) of Section 6-208 of this Code may
22    make application for a restricted driving permit at a
23    hearing conducted under Section 2-118 of this Code after
24    the expiration of 5 years from the effective date of the
25    most recent revocation, or after 5 years from the date of
26    release from a period of imprisonment resulting from a

 

 

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1    conviction of the most recent offense, whichever is later,
2    provided the person, in addition to all other requirements
3    of the Secretary, shows by clear and convincing evidence:
4            (A) a minimum of 3 years of uninterrupted
5        abstinence from alcohol and the unlawful use or
6        consumption of cannabis under the Cannabis Control
7        Act, a controlled substance under the Illinois
8        Controlled Substances Act, an intoxicating compound
9        under the Use of Intoxicating Compounds Act, or
10        methamphetamine under the Methamphetamine Control and
11        Community Protection Act; and
12            (B) the successful completion of any
13        rehabilitative treatment and involvement in any
14        ongoing rehabilitative activity that may be
15        recommended by a properly licensed service provider
16        according to an assessment of the person's alcohol or
17        drug use under Section 11-501.01 of this Code.
18        In determining whether an applicant is eligible for a
19    restricted driving permit under this paragraph (1.5), the
20    Secretary may consider any relevant evidence, including,
21    but not limited to, testimony, affidavits, records, and the
22    results of regular alcohol or drug tests. Persons subject
23    to the provisions of paragraph (4) of subsection (b) of
24    Section 6-208 of this Code and who have been convicted of
25    more than one violation of paragraph (3), paragraph (4), or
26    paragraph (5) of subsection (a) of Section 11-501 of this

 

 

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1    Code shall not be eligible to apply for a restricted
2    driving permit.
3        A restricted driving permit issued under this
4    paragraph (1.5) shall provide that the holder may only
5    operate motor vehicles equipped with an ignition interlock
6    device as required under paragraph (2) of subsection (c) of
7    this Section and subparagraph (A) of paragraph 3 of
8    subsection (c) of Section 6-206 of this Code. The Secretary
9    may revoke a restricted driving permit or amend the
10    conditions of a restricted driving permit issued under this
11    paragraph (1.5) if the holder operates a vehicle that is
12    not equipped with an ignition interlock device, or for any
13    other reason authorized under this Code.
14        A restricted driving permit issued under this
15    paragraph (1.5) shall be revoked, and the holder barred
16    from applying for or being issued a restricted driving
17    permit in the future, if the holder is subsequently
18    convicted of a violation of Section 11-501 of this Code, a
19    similar provision of a local ordinance, or a similar
20    offense in another state.
21        (2) If a person's license or permit is revoked or
22    suspended due to 2 or more convictions of violating Section
23    11-501 of this Code or a similar provision of a local
24    ordinance or a similar out-of-state offense, or Section 9-3
25    of the Criminal Code of 1961 or the Criminal Code of 2012,
26    where the use of alcohol or other drugs is recited as an

 

 

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1    element of the offense, or a similar out-of-state offense,
2    or a combination of these offenses, arising out of separate
3    occurrences, that person, if issued a restricted driving
4    permit, may not operate a vehicle unless it has been
5    equipped with an ignition interlock device as defined in
6    Section 1-129.1.
7        (3) If:
8            (A) a person's license or permit is revoked or
9        suspended 2 or more times within a 10 year period due
10        to any combination of:
11                (i) a single conviction of violating Section
12            11-501 of this Code or a similar provision of a
13            local ordinance or a similar out-of-state offense,
14            or Section 9-3 of the Criminal Code of 1961 or the
15            Criminal Code of 2012, where the use of alcohol or
16            other drugs is recited as an element of the
17            offense, or a similar out-of-state offense; or
18                (ii) a statutory summary suspension or
19            revocation under Section 11-501.1; or
20                (iii) a suspension pursuant to Section
21            6-203.1;
22        arising out of separate occurrences; or
23            (B) a person has been convicted of one violation of
24        Section 6-303 of this Code committed while his or her
25        driver's license, permit, or privilege was revoked
26        because of a violation of Section 9-3 of the Criminal

 

 

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1        Code of 1961 or the Criminal Code of 2012, relating to
2        the offense of reckless homicide where the use of
3        alcohol or other drugs was recited as an element of the
4        offense, or a similar provision of a law of another
5        state;
6    that person, if issued a restricted driving permit, may not
7    operate a vehicle unless it has been equipped with an
8    ignition interlock device as defined in Section 1-129.1.
9        (4) The person issued a permit conditioned on the use
10    of an ignition interlock device must pay to the Secretary
11    of State DUI Administration Fund an amount not to exceed
12    $30 per month. The Secretary shall establish by rule the
13    amount and the procedures, terms, and conditions relating
14    to these fees.
15        (5) If the restricted driving permit is issued for
16    employment purposes, then the prohibition against
17    operating a motor vehicle that is not equipped with an
18    ignition interlock device does not apply to the operation
19    of an occupational vehicle owned or leased by that person's
20    employer when used solely for employment purposes.
21        (6) In each case the Secretary of State may issue a
22    restricted driving permit for a period he deems
23    appropriate, except that the permit shall expire within one
24    year from the date of issuance. The Secretary may not,
25    however, issue a restricted driving permit to any person
26    whose current revocation is the result of a second or

 

 

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1    subsequent conviction for a violation of Section 11-501 of
2    this Code or a similar provision of a local ordinance or
3    any similar out-of-state offense, or Section 9-3 of the
4    Criminal Code of 1961 or the Criminal Code of 2012, where
5    the use of alcohol or other drugs is recited as an element
6    of the offense, or any similar out-of-state offense, or any
7    combination of these offenses, until the expiration of at
8    least one year from the date of the revocation. A
9    restricted driving permit issued under this Section shall
10    be subject to cancellation, revocation, and suspension by
11    the Secretary of State in like manner and for like cause as
12    a driver's license issued under this Code may be cancelled,
13    revoked, or suspended; except that a conviction upon one or
14    more offenses against laws or ordinances regulating the
15    movement of traffic shall be deemed sufficient cause for
16    the revocation, suspension, or cancellation of a
17    restricted driving permit. The Secretary of State may, as a
18    condition to the issuance of a restricted driving permit,
19    require the petitioner to participate in a designated
20    driver remedial or rehabilitative program. The Secretary
21    of State is authorized to cancel a restricted driving
22    permit if the permit holder does not successfully complete
23    the program. However, if an individual's driving
24    privileges have been revoked in accordance with paragraph
25    13 of subsection (a) of this Section, no restricted driving
26    permit shall be issued until the individual has served 6

 

 

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1    months of the revocation period.
2    (c-5) (Blank).
3    (c-6) If a person is convicted of a second violation of
4operating a motor vehicle while the person's driver's license,
5permit or privilege was revoked, where the revocation was for a
6violation of Section 9-3 of the Criminal Code of 1961 or the
7Criminal Code of 2012 relating to the offense of reckless
8homicide or a similar out-of-state offense, the person's
9driving privileges shall be revoked pursuant to subdivision
10(a)(15) of this Section. The person may not make application
11for a license or permit until the expiration of five years from
12the effective date of the revocation or the expiration of five
13years from the date of release from a term of imprisonment,
14whichever is later.
15    (c-7) If a person is convicted of a third or subsequent
16violation of operating a motor vehicle while the person's
17driver's license, permit or privilege was revoked, where the
18revocation was for a violation of Section 9-3 of the Criminal
19Code of 1961 or the Criminal Code of 2012 relating to the
20offense of reckless homicide or a similar out-of-state offense,
21the person may never apply for a license or permit.
22    (d)(1) Whenever a person under the age of 21 is convicted
23under Section 11-501 of this Code or a similar provision of a
24local ordinance or a similar out-of-state offense, the
25Secretary of State shall revoke the driving privileges of that
26person. One year after the date of revocation, and upon

 

 

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1application, the Secretary of State may, if satisfied that the
2person applying will not endanger the public safety or welfare,
3issue a restricted driving permit granting the privilege of
4driving a motor vehicle only between the hours of 5 a.m. and 9
5p.m. or as otherwise provided by this Section for a period of
6one year. After this one year period, and upon reapplication
7for a license as provided in Section 6-106, upon payment of the
8appropriate reinstatement fee provided under paragraph (b) of
9Section 6-118, the Secretary of State, in his discretion, may
10reinstate the petitioner's driver's license and driving
11privileges, or extend the restricted driving permit as many
12times as the Secretary of State deems appropriate, by
13additional periods of not more than 12 months each.
14        (2) If a person's license or permit is revoked or
15    suspended due to 2 or more convictions of violating Section
16    11-501 of this Code or a similar provision of a local
17    ordinance or a similar out-of-state offense, or Section 9-3
18    of the Criminal Code of 1961 or the Criminal Code of 2012,
19    where the use of alcohol or other drugs is recited as an
20    element of the offense, or a similar out-of-state offense,
21    or a combination of these offenses, arising out of separate
22    occurrences, that person, if issued a restricted driving
23    permit, may not operate a vehicle unless it has been
24    equipped with an ignition interlock device as defined in
25    Section 1-129.1.
26        (3) If a person's license or permit is revoked or

 

 

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1    suspended 2 or more times within a 10 year period due to
2    any combination of:
3            (A) a single conviction of violating Section
4        11-501 of this Code or a similar provision of a local
5        ordinance or a similar out-of-state offense, or
6        Section 9-3 of the Criminal Code of 1961 or the
7        Criminal Code of 2012, where the use of alcohol or
8        other drugs is recited as an element of the offense, or
9        a similar out-of-state offense; or
10            (B) a statutory summary suspension or revocation
11        under Section 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
13privileges of a person convicted of a third or subsequent
14violation of Section 6-303 of this Code committed while his or
15her driver's license, permit, or privilege was revoked because
16of a violation of Section 9-3 of the Criminal Code of 1961 or
17the Criminal Code of 2012, relating to the offense of reckless
18homicide, or a similar provision of a law of another state, is
19permanent. The Secretary may not, at any time, issue a license
20or permit to that person.
21    (e) This Section is subject to the provisions of the Driver
22License Compact.
23    (f) Any revocation imposed upon any person under
24subsections 2 and 3 of paragraph (b) that is in effect on
25December 31, 1988 shall be converted to a suspension for a like
26period of time.

 

 

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1    (g) The Secretary of State shall not issue a restricted
2driving permit to a person under the age of 16 years whose
3driving privileges have been revoked under any provisions of
4this Code.
5    (h) The Secretary of State shall require the use of
6ignition interlock devices on all vehicles owned by a person
7who has been convicted of a second or subsequent offense under
8Section 11-501 of this Code or a similar provision of a local
9ordinance. The person must pay to the Secretary of State DUI
10Administration Fund an amount not to exceed $30 for each month
11that he or she uses the device. The Secretary shall establish
12by rule and regulation the procedures for certification and use
13of the interlock system, the amount of the fee, and the
14procedures, terms, and conditions relating to these fees.
15    (i) (Blank).
16    (j) In accordance with 49 C.F.R. 384, the Secretary of
17State may not issue a restricted driving permit for the
18operation of a commercial motor vehicle to a person holding a
19CDL whose driving privileges have been revoked, suspended,
20cancelled, or disqualified under any provisions of this Code.
21(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
2296-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
237-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
241-1-13; 97-1150, eff. 1-25-13.)
 
25    (625 ILCS 5/6-206)

 

 

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1    Sec. 6-206. Discretionary authority to suspend or revoke
2license or permit; Right to a hearing.
3    (a) The Secretary of State is authorized to suspend or
4revoke the driving privileges of any person without preliminary
5hearing upon a showing of the person's records or other
6sufficient evidence that the person:
7        1. Has committed an offense for which mandatory
8    revocation of a driver's license or permit is required upon
9    conviction;
10        2. Has been convicted of not less than 3 offenses
11    against traffic regulations governing the movement of
12    vehicles committed within any 12 month period. No
13    revocation or suspension shall be entered more than 6
14    months after the date of last conviction;
15        3. Has been repeatedly involved as a driver in motor
16    vehicle collisions or has been repeatedly convicted of
17    offenses against laws and ordinances regulating the
18    movement of traffic, to a degree that indicates lack of
19    ability to exercise ordinary and reasonable care in the
20    safe operation of a motor vehicle or disrespect for the
21    traffic laws and the safety of other persons upon the
22    highway;
23        4. Has by the unlawful operation of a motor vehicle
24    caused or contributed to an accident resulting in injury
25    requiring immediate professional treatment in a medical
26    facility or doctor's office to any person, except that any

 

 

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1    suspension or revocation imposed by the Secretary of State
2    under the provisions of this subsection shall start no
3    later than 6 months after being convicted of violating a
4    law or ordinance regulating the movement of traffic, which
5    violation is related to the accident, or shall start not
6    more than one year after the date of the accident,
7    whichever date occurs later;
8        5. Has permitted an unlawful or fraudulent use of a
9    driver's license, identification card, or permit;
10        6. Has been lawfully convicted of an offense or
11    offenses in another state, including the authorization
12    contained in Section 6-203.1, which if committed within
13    this State would be grounds for suspension or revocation;
14        7. Has refused or failed to submit to an examination
15    provided for by Section 6-207 or has failed to pass the
16    examination;
17        8. Is ineligible for a driver's license or permit under
18    the provisions of Section 6-103;
19        9. Has made a false statement or knowingly concealed a
20    material fact or has used false information or
21    identification in any application for a license,
22    identification card, or permit;
23        10. Has possessed, displayed, or attempted to
24    fraudulently use any license, identification card, or
25    permit not issued to the person;
26        11. Has operated a motor vehicle upon a highway of this

 

 

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1    State when the person's driving privilege or privilege to
2    obtain a driver's license or permit was revoked or
3    suspended unless the operation was authorized by a
4    monitoring device driving permit, judicial driving permit
5    issued prior to January 1, 2009, probationary license to
6    drive, or a restricted driving permit issued under this
7    Code;
8        12. Has submitted to any portion of the application
9    process for another person or has obtained the services of
10    another person to submit to any portion of the application
11    process for the purpose of obtaining a license,
12    identification card, or permit for some other person;
13        13. Has operated a motor vehicle upon a highway of this
14    State when the person's driver's license or permit was
15    invalid under the provisions of Sections 6-107.1 and 6-110;
16        14. Has committed a violation of Section 6-301,
17    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
18    of the Illinois Identification Card Act;
19        15. Has been convicted of violating Section 21-2 of the
20    Criminal Code of 1961 or the Criminal Code of 2012 relating
21    to criminal trespass to vehicles in which case, the
22    suspension shall be for one year;
23        16. Has been convicted of violating Section 11-204 of
24    this Code relating to fleeing from a peace officer;
25        17. Has refused to submit to a test, or tests, as
26    required under Section 11-501.1 of this Code and the person

 

 

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1    has not sought a hearing as provided for in Section
2    11-501.1;
3        18. Has, since issuance of a driver's license or
4    permit, been adjudged to be afflicted with or suffering
5    from any mental disability or disease;
6        19. Has committed a violation of paragraph (a) or (b)
7    of Section 6-101 relating to driving without a driver's
8    license;
9        20. Has been convicted of violating Section 6-104
10    relating to classification of driver's license;
11        21. Has been convicted of violating Section 11-402 of
12    this Code relating to leaving the scene of an accident
13    resulting in damage to a vehicle in excess of $1,000, in
14    which case the suspension shall be for one year;
15        22. Has used a motor vehicle in violating paragraph
16    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
17    the Criminal Code of 1961 or the Criminal Code of 2012
18    relating to unlawful use of weapons, in which case the
19    suspension shall be for one year;
20        23. Has, as a driver, been convicted of committing a
21    violation of paragraph (a) of Section 11-502 of this Code
22    for a second or subsequent time within one year of a
23    similar violation;
24        24. Has been convicted by a court-martial or punished
25    by non-judicial punishment by military authorities of the
26    United States at a military installation in Illinois of or

 

 

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1    for a traffic related offense that is the same as or
2    similar to an offense specified under Section 6-205 or
3    6-206 of this Code;
4        25. Has permitted any form of identification to be used
5    by another in the application process in order to obtain or
6    attempt to obtain a license, identification card, or
7    permit;
8        26. Has altered or attempted to alter a license or has
9    possessed an altered license, identification card, or
10    permit;
11        27. Has violated Section 6-16 of the Liquor Control Act
12    of 1934;
13        28. Has been convicted for a first time of the illegal
14    possession, while operating or in actual physical control,
15    as a driver, of a motor vehicle, of any controlled
16    substance prohibited under the Illinois Controlled
17    Substances Act, any cannabis prohibited under the Cannabis
18    Control Act, or any methamphetamine prohibited under the
19    Methamphetamine Control and Community Protection Act, in
20    which case the person's driving privileges shall be
21    suspended for one year. Any defendant found guilty of this
22    offense while operating a motor vehicle, shall have an
23    entry made in the court record by the presiding judge that
24    this offense did occur while the defendant was operating a
25    motor vehicle and order the clerk of the court to report
26    the violation to the Secretary of State;

 

 

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1        29. Has been convicted of the following offenses that
2    were committed while the person was operating or in actual
3    physical control, as a driver, of a motor vehicle: criminal
4    sexual assault, predatory criminal sexual assault of a
5    child, aggravated criminal sexual assault, criminal sexual
6    abuse, aggravated criminal sexual abuse, juvenile pimping,
7    soliciting for a juvenile prostitute, promoting juvenile
8    prostitution as described in subdivision (a)(1), (a)(2),
9    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
10    or the Criminal Code of 2012, and the manufacture, sale or
11    delivery of controlled substances or instruments used for
12    illegal drug use or abuse in which case the driver's
13    driving privileges shall be suspended for one year;
14        30. Has been convicted a second or subsequent time for
15    any combination of the offenses named in paragraph 29 of
16    this subsection, in which case the person's driving
17    privileges shall be suspended for 5 years;
18        31. Has refused to submit to a test as required by
19    Section 11-501.6 of this Code or Section 5-16c of the Boat
20    Registration and Safety Act or has submitted to a test
21    resulting in an alcohol concentration of 0.08 or more or
22    any amount of a drug, substance, or compound resulting from
23    the unlawful use or consumption of cannabis as listed in
24    the Cannabis Control Act, a controlled substance as listed
25    in the 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;
8        46. Has committed a violation of subsection (j) of
9    Section 3-413 of this Code; or
10        47. Has committed a violation of Section 11-502.1 of
11    this Code.
12    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
13and 27 of this subsection, license means any driver's license,
14any traffic ticket issued when the person's driver's license is
15deposited in lieu of bail, a suspension notice issued by the
16Secretary of State, a duplicate or corrected driver's license,
17a probationary driver's license or a temporary driver's
18license.
19    (b) If any conviction forming the basis of a suspension or
20revocation authorized under this Section is appealed, the
21Secretary of State may rescind or withhold the entry of the
22order of suspension or revocation, as the case may be, provided
23that a certified copy of a stay order of a court is filed with
24the Secretary of State. If the conviction is affirmed on
25appeal, the date of the conviction shall relate back to the
26time the original judgment of conviction was entered and the 6

 

 

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1month limitation prescribed shall not apply.
2    (c) 1. Upon suspending or revoking the driver's license or
3permit of any person as authorized in this Section, the
4Secretary of State shall immediately notify the person in
5writing of the revocation or suspension. The notice to be
6deposited in the United States mail, postage prepaid, to the
7last known address of the person.
8        2. If the Secretary of State suspends the driver's
9    license of a person under subsection 2 of paragraph (a) of
10    this Section, a person's privilege to operate a vehicle as
11    an occupation shall not be suspended, provided an affidavit
12    is properly completed, the appropriate fee received, and a
13    permit issued prior to the effective date of the
14    suspension, unless 5 offenses were committed, at least 2 of
15    which occurred while operating a commercial vehicle in
16    connection with the driver's regular occupation. All other
17    driving privileges shall be suspended by the Secretary of
18    State. Any driver prior to operating a vehicle for
19    occupational purposes only must submit the affidavit on
20    forms to be provided by the Secretary of State setting
21    forth the facts of the person's occupation. The affidavit
22    shall also state the number of offenses committed while
23    operating a vehicle in connection with the driver's regular
24    occupation. The affidavit shall be accompanied by the
25    driver's license. Upon receipt of a properly completed
26    affidavit, the Secretary of State shall issue the driver a

 

 

09800HB4206ham001- 27 -LRB098 15145 MLW 58461 a

1    permit to operate a vehicle in connection with the driver's
2    regular occupation only. Unless the permit is issued by the
3    Secretary of State prior to the date of suspension, the
4    privilege to drive any motor vehicle shall be suspended as
5    set forth in the notice that was mailed under this Section.
6    If an affidavit is received subsequent to the effective
7    date of this suspension, a permit may be issued for the
8    remainder of the suspension period.
9        The provisions of this subparagraph shall not apply to
10    any driver required to possess a CDL for the purpose of
11    operating a commercial motor vehicle.
12        Any person who falsely states any fact in the affidavit
13    required herein shall be guilty of perjury under Section
14    6-302 and upon conviction thereof shall have all driving
15    privileges revoked without further rights.
16        3. At the conclusion of a hearing under Section 2-118
17    of this Code, the Secretary of State shall either rescind
18    or continue an order of revocation or shall substitute an
19    order of suspension; or, good cause appearing therefor,
20    rescind, continue, change, or extend the order of
21    suspension. If the Secretary of State does not rescind the
22    order, the Secretary may upon application, to relieve undue
23    hardship (as defined by the rules of the Secretary of
24    State), issue a restricted driving permit granting the
25    privilege of driving a motor vehicle between the
26    petitioner's residence and petitioner's place of

 

 

09800HB4206ham001- 28 -LRB098 15145 MLW 58461 a

1    employment or within the scope of the petitioner's
2    employment related duties, or to allow the petitioner to
3    transport himself or herself, or a family member of the
4    petitioner's household to a medical facility, to receive
5    necessary medical care, to allow the petitioner to
6    transport himself or herself to and from alcohol or drug
7    remedial or rehabilitative activity recommended by a
8    licensed service provider, or to allow the petitioner to
9    transport himself or herself or a family member of the
10    petitioner's household to classes, as a student, at an
11    accredited educational institution, or to allow the
12    petitioner to transport children, elderly persons, or
13    disabled persons who do not hold driving privileges and are
14    living in the petitioner's household to and from daycare.
15    The petitioner must demonstrate that no alternative means
16    of transportation is reasonably available and that the
17    petitioner will not endanger the public safety or welfare.
18    Those multiple offenders identified in subdivision (b)4 of
19    Section 6-208 of this Code, however, shall not be eligible
20    for the issuance of a restricted driving permit.
21             (A) If a person's license or permit is revoked or
22        suspended due to 2 or more convictions of violating
23        Section 11-501 of this Code or a similar provision of a
24        local ordinance or a similar out-of-state offense, or
25        Section 9-3 of the Criminal Code of 1961 or the
26        Criminal Code of 2012, where the use of alcohol or

 

 

09800HB4206ham001- 29 -LRB098 15145 MLW 58461 a

1        other drugs is recited as an element of the offense, or
2        a similar out-of-state offense, or a combination of
3        these offenses, arising out of separate occurrences,
4        that person, if issued a restricted driving permit, may
5        not operate a vehicle unless it has been equipped with
6        an ignition interlock device as defined in Section
7        1-129.1.
8            (B) If a person's license or permit is revoked or
9        suspended 2 or more times within a 10 year period due
10        to any combination of:
11                (i) a single conviction of violating Section
12            11-501 of this Code or a similar provision of a
13            local ordinance or a similar out-of-state offense
14            or Section 9-3 of the Criminal Code of 1961 or the
15            Criminal Code of 2012, where the use of alcohol or
16            other drugs is recited as an element of the
17            offense, or a similar out-of-state offense; or
18                (ii) a statutory summary suspension or
19            revocation under Section 11-501.1; or
20                (iii) a suspension under Section 6-203.1;
21        arising out of separate occurrences; that person, if
22        issued a restricted driving permit, may not operate a
23        vehicle unless it has been equipped with an ignition
24        interlock device as defined in Section 1-129.1.
25            (C) The person issued a permit conditioned upon the
26        use of an ignition interlock device must pay to the

 

 

09800HB4206ham001- 30 -LRB098 15145 MLW 58461 a

1        Secretary of State DUI Administration Fund an amount
2        not to exceed $30 per month. The Secretary shall
3        establish by rule the amount and the procedures, terms,
4        and conditions relating to these fees.
5            (D) If the restricted driving permit is issued for
6        employment purposes, then the prohibition against
7        operating a motor vehicle that is not equipped with an
8        ignition interlock device does not apply to the
9        operation of an occupational vehicle owned or leased by
10        that person's employer when used solely for employment
11        purposes.
12            (E) In each case the Secretary may issue a
13        restricted driving permit for a period deemed
14        appropriate, except that all permits shall expire
15        within one year from the date of issuance. The
16        Secretary may not, however, issue a restricted driving
17        permit to any person whose current revocation is the
18        result of a second or subsequent conviction for a
19        violation of Section 11-501 of this Code or a similar
20        provision of a local ordinance or any similar
21        out-of-state offense, or Section 9-3 of the Criminal
22        Code of 1961 or the Criminal Code of 2012, where the
23        use of alcohol or other drugs is recited as an element
24        of the offense, or any similar out-of-state offense, or
25        any combination of those offenses, until the
26        expiration of at least one year from the date of the

 

 

09800HB4206ham001- 31 -LRB098 15145 MLW 58461 a

1        revocation. A restricted driving permit issued under
2        this Section shall be subject to cancellation,
3        revocation, and suspension by the Secretary of State in
4        like manner and for like cause as a driver's license
5        issued under this Code may be cancelled, revoked, or
6        suspended; except that a conviction upon one or more
7        offenses against laws or ordinances regulating the
8        movement of traffic shall be deemed sufficient cause
9        for the revocation, suspension, or cancellation of a
10        restricted driving permit. The Secretary of State may,
11        as a condition to the issuance of a restricted driving
12        permit, require the applicant to participate in a
13        designated driver remedial or rehabilitative program.
14        The Secretary of State is authorized to cancel a
15        restricted driving permit if the permit holder does not
16        successfully complete the program.
17            (F) A person subject to the provisions of paragraph
18        (4) of subsection (b) of Section 6-208 of this Code may
19        make application for a restricted driving permit at a
20        hearing conducted under Section 2-118 of this Code
21        after the expiration of 5 years from the effective date
22        of the most recent revocation or after 5 years from the
23        date of release from a period of imprisonment resulting
24        from a conviction of the most recent offense, whichever
25        is later, provided the person, in addition to all other
26        requirements of the Secretary, shows by clear and

 

 

09800HB4206ham001- 32 -LRB098 15145 MLW 58461 a

1        convincing evidence:
2                (i) a minimum of 3 years of uninterrupted
3            abstinence from alcohol and the unlawful use or
4            consumption of cannabis under the Cannabis Control
5            Act, a controlled substance under the Illinois
6            Controlled Substances Act, an intoxicating
7            compound under the Use of Intoxicating Compounds
8            Act, or methamphetamine under the Methamphetamine
9            Control and Community Protection Act; and
10                (ii) the successful completion of any
11            rehabilitative treatment and involvement in any
12            ongoing rehabilitative activity that may be
13            recommended by a properly licensed service
14            provider according to an assessment of the
15            person's alcohol or drug use under Section
16            11-501.01 of this Code.
17            In determining whether an applicant is eligible
18        for a restricted driving permit under this
19        subparagraph (F), the Secretary may consider any
20        relevant evidence, including, but not limited to,
21        testimony, affidavits, records, and the results of
22        regular alcohol or drug tests. Persons subject to the
23        provisions of paragraph (4) of subsection (b) of
24        Section 6-208 of this Code and who have been convicted
25        of more than one violation of paragraph (3), paragraph
26        (4), or paragraph (5) of subsection (a) of Section

 

 

09800HB4206ham001- 33 -LRB098 15145 MLW 58461 a

1        11-501 of this Code shall not be eligible to apply for
2        a restricted driving permit under this subparagraph
3        (F).
4            A restricted driving permit issued under this
5        subparagraph (F) shall provide that the holder may only
6        operate motor vehicles equipped with an ignition
7        interlock device as required under paragraph (2) of
8        subsection (c) of Section 6-205 of this Code and
9        subparagraph (A) of paragraph 3 of subsection (c) of
10        this Section. The Secretary may revoke a restricted
11        driving permit or amend the conditions of a restricted
12        driving permit issued under this subparagraph (F) if
13        the holder operates a vehicle that is not equipped with
14        an ignition interlock device, or for any other reason
15        authorized under this Code.
16            A restricted driving permit issued under this
17        subparagraph (F) shall be revoked, and the holder
18        barred from applying for or being issued a restricted
19        driving permit in the future, if the holder is
20        convicted of a violation of Section 11-501 of this
21        Code, a similar provision of a local ordinance, or a
22        similar offense in another state.
23    (c-3) In the case of a suspension under paragraph 43 of
24subsection (a), reports received by the Secretary of State
25under this Section shall, except during the actual time the
26suspension is in effect, be privileged information and for use

 

 

09800HB4206ham001- 34 -LRB098 15145 MLW 58461 a

1only by the courts, police officers, prosecuting authorities,
2the driver licensing administrator of any other state, the
3Secretary of State, or the parent or legal guardian of a driver
4under the age of 18. However, beginning January 1, 2008, if the
5person is a CDL holder, the suspension shall also be made
6available to the driver licensing administrator of any other
7state, the U.S. Department of Transportation, and the affected
8driver or motor carrier or prospective motor carrier upon
9request.
10    (c-4) In the case of a suspension under paragraph 43 of
11subsection (a), the Secretary of State shall notify the person
12by mail that his or her driving privileges and driver's license
13will be suspended one month after the date of the mailing of
14the notice.
15    (c-5) The Secretary of State may, as a condition of the
16reissuance of a driver's license or permit to an applicant
17whose driver's license or permit has been suspended before he
18or she reached the age of 21 years pursuant to any of the
19provisions of this Section, require the applicant to
20participate in a driver remedial education course and be
21retested under Section 6-109 of this Code.
22    (d) This Section is subject to the provisions of the
23Drivers License Compact.
24    (e) The Secretary of State shall not issue a restricted
25driving permit to a person under the age of 16 years whose
26driving privileges have been suspended or revoked under any

 

 

09800HB4206ham001- 35 -LRB098 15145 MLW 58461 a

1provisions of this Code.
2    (f) In accordance with 49 C.F.R. 384, the Secretary of
3State may not issue a restricted driving permit for the
4operation of a commercial motor vehicle to a person holding a
5CDL whose driving privileges have been suspended, revoked,
6cancelled, or disqualified under any provisions of this Code.
7(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
897-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
997-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
101-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)
 
11    (625 ILCS 5/6-208)  (from Ch. 95 1/2, par. 6-208)
12    Sec. 6-208. Period of Suspension - Application After
13Revocation.
14    (a) Except as otherwise provided by this Code or any other
15law of this State, the Secretary of State shall not suspend a
16driver's license, permit, or privilege to drive a motor vehicle
17on the highways for a period of more than one year.
18    (b) Any person whose license, permit, or privilege to drive
19a motor vehicle on the highways has been revoked shall not be
20entitled to have such license, permit, or privilege renewed or
21restored. However, such person may, except as provided under
22subsections (d) and (d-5) of Section 6-205, make application
23for a license pursuant to Section 6-106 (i) if the revocation
24was for a cause that has been removed or (ii) as provided in
25the following subparagraphs:

 

 

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1        1. Except as provided in subparagraphs 1.5, 2, 3, 4,
2    and 5, the person may make application for a license (A)
3    after the expiration of one year from the effective date of
4    the revocation, (B) in the case of a violation of paragraph
5    (b) of Section 11-401 of this Code or a similar provision
6    of a local ordinance, after the expiration of 3 years from
7    the effective date of the revocation, or (C) in the case of
8    a violation of Section 9-3 of the Criminal Code of 1961 or
9    the Criminal Code of 2012 or a similar provision of a law
10    of another state relating to the offense of reckless
11    homicide or a violation of subparagraph (F) of paragraph 1
12    of subsection (d) of Section 11-501 of this Code relating
13    to aggravated driving under the influence of alcohol, other
14    drug or drugs, intoxicating compound or compounds, or any
15    combination thereof, if the violation was the proximate
16    cause of a death, after the expiration of 2 years from the
17    effective date of the revocation or after the expiration of
18    24 months from the date of release from a period of
19    imprisonment as provided in Section 6-103 of this Code,
20    whichever is later.
21        1.5. If the person is convicted of a violation of
22    Section 6-303 of this Code committed while his or her
23    driver's license, permit, or privilege was revoked because
24    of a violation of Section 9-3 of the Criminal Code of 1961
25    or the Criminal Code of 2012, relating to the offense of
26    reckless homicide, or a similar provision of a law of

 

 

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1    another state, the person may not make application for a
2    license or permit until the expiration of 3 years from the
3    date of the conviction.
4        2. If such person is convicted of committing a second
5    violation within a 20-year period of:
6            (A) Section 11-501 of this Code or a similar
7        provision of a local ordinance;
8            (B) Paragraph (b) of Section 11-401 of this Code or
9        a similar provision of a local ordinance;
10            (C) Section 9-3 of the Criminal Code of 1961 or the
11        Criminal Code of 2012, relating to the offense of
12        reckless homicide; or
13            (D) any combination of the above offenses
14        committed at different instances;
15    then such person may not make application for a license
16    until after the expiration of 5 years from the effective
17    date of the most recent revocation. The 20-year period
18    shall be computed by using the dates the offenses were
19    committed and shall also include similar out-of-state
20    offenses and similar offenses committed on a military
21    installation.
22        2.5. If a person is convicted of a second violation of
23    Section 6-303 of this Code committed while the person's
24    driver's license, permit, or privilege was revoked because
25    of a violation of Section 9-3 of the Criminal Code of 1961
26    or the Criminal Code of 2012, relating to the offense of

 

 

09800HB4206ham001- 38 -LRB098 15145 MLW 58461 a

1    reckless homicide, or a similar provision of a law of
2    another state, the person may not make application for a
3    license or permit until the expiration of 5 years from the
4    date of release from a term of imprisonment.
5        3. However, except as provided in subparagraph 4, if
6    such person is convicted of committing a third or
7    subsequent violation or any combination of the above
8    offenses, including similar out-of-state offenses and
9    similar offenses committed on a military installation,
10    contained in subparagraph 2, then such person may not make
11    application for a license until after the expiration of 10
12    years from the effective date of the most recent
13    revocation.
14        4. Except as provided in paragraph (1.5) of subsection
15    (c) of Section 6-205 and subparagraph (F) of paragraph (3)
16    of subsection (c) of Section 6-206 of this Code, the The
17    person may not make application for a license if the person
18    is convicted of committing a fourth or subsequent violation
19    of Section 11-501 of this Code or a similar provision of a
20    local ordinance, Section 11-401 of this Code, Section 9-3
21    of the Criminal Code of 1961 or the Criminal Code of 2012,
22    or a combination of these offenses, similar provisions of
23    local ordinances, similar out-of-state offenses, or
24    similar offenses committed on a military installation.
25        4.5. A bona fide resident of a foreign jurisdiction who
26    is subject to the provisions of subparagraph 4 of this

 

 

09800HB4206ham001- 39 -LRB098 15145 MLW 58461 a

1    subsection (b) may make application for termination of the
2    revocation after a period of 10 years from the effective
3    date of the most recent revocation. However, if a person
4    who has been granted a termination of revocation under this
5    subparagraph 4.5 subsequently becomes a resident of this
6    State, the revocation shall be reinstated and the person
7    shall be subject to the provisions of subparagraph 4.
8        5. The person may not make application for a license or
9    permit if the person is convicted of a third or subsequent
10    violation of Section 6-303 of this Code committed while his
11    or her driver's license, permit, or privilege was revoked
12    because of a violation of Section 9-3 of the Criminal Code
13    of 1961 or the Criminal Code of 2012, relating to the
14    offense of reckless homicide, or a similar provision of a
15    law of another state.
16    Notwithstanding any other provision of this Code, all
17persons referred to in this paragraph (b) may not have their
18privileges restored until the Secretary receives payment of the
19required reinstatement fee pursuant to subsection (b) of
20Section 6-118.
21    In no event shall the Secretary issue such license unless
22and until such person has had a hearing pursuant to this Code
23and the appropriate administrative rules and the Secretary is
24satisfied, after a review or investigation of such person, that
25to grant the privilege of driving a motor vehicle on the
26highways will not endanger the public safety or welfare.

 

 

09800HB4206ham001- 40 -LRB098 15145 MLW 58461 a

1    (c) (Blank).
2(Source: P.A. 96-607, eff. 8-24-09; 97-1150, eff. 1-25-13.)
 
3    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
4    Sec. 6-303. Driving while driver's license, permit or
5privilege to operate a motor vehicle is suspended or revoked.
6    (a) Except as otherwise provided in subsection (a-5), any
7person who drives or is in actual physical control of a motor
8vehicle on any highway of this State at a time when such
9person's driver's license, permit or privilege to do so or the
10privilege to obtain a driver's license or permit is revoked or
11suspended as provided by this Code or the law of another state,
12except as may be specifically allowed by a judicial driving
13permit issued prior to January 1, 2009, monitoring device
14driving permit, family financial responsibility driving
15permit, probationary license to drive, or a restricted driving
16permit issued pursuant to this Code or under the law of another
17state, shall be guilty of a Class A misdemeanor.
18    (a-3) A second or subsequent violation of subsection (a) of
19this Section is a Class 4 felony if committed by a person whose
20driving or operation of a motor vehicle is the proximate cause
21of a motor vehicle accident that causes personal injury or
22death to another. For purposes of this subsection, a personal
23injury includes any Type A injury as indicated on the traffic
24accident report completed by a law enforcement officer that
25requires immediate professional attention in either a doctor's

 

 

09800HB4206ham001- 41 -LRB098 15145 MLW 58461 a

1office or a medical facility. A Type A injury includes severe
2bleeding wounds, distorted extremities, and injuries that
3require the injured party to be carried from the scene.
4    (a-5) Any person who violates this Section as provided in
5subsection (a) while his or her driver's license, permit or
6privilege is revoked because of a violation of Section 9-3 of
7the Criminal Code of 1961 or the Criminal Code of 2012,
8relating to the offense of reckless homicide or a similar
9provision of a law of another state, is guilty of a Class 4
10felony. The person shall be required to undergo a professional
11evaluation, as provided in Section 11-501 of this Code, to
12determine if an alcohol, drug, or intoxicating compound problem
13exists and the extent of the problem, and to undergo the
14imposition of treatment as appropriate.
15    (a-10) A person's driver's license, permit, or privilege to
16obtain a driver's license or permit may be subject to multiple
17revocations, multiple suspensions, or any combination of both
18simultaneously. No revocation or suspension shall serve to
19negate, invalidate, cancel, postpone, or in any way lessen the
20effect of any other revocation or suspension entered prior or
21subsequent to any other revocation or suspension.
22    (b) (Blank).
23    (b-1) Upon receiving a report of the conviction of any
24violation indicating a person was operating a motor vehicle
25during the time when the person's driver's license, permit or
26privilege was suspended by the Secretary of State or the

 

 

09800HB4206ham001- 42 -LRB098 15145 MLW 58461 a

1driver's licensing administrator of another state, except as
2specifically allowed by a probationary license, judicial
3driving permit, restricted driving permit or monitoring device
4driving permit the Secretary shall extend the suspension for
5the same period of time as the originally imposed suspension
6unless the suspension has already expired, in which case the
7Secretary shall be authorized to suspend the person's driving
8privileges for the same period of time as the originally
9imposed suspension.
10    (b-2) Except as provided in subsection (b-6), upon
11receiving a report of the conviction of any violation
12indicating a person was operating a motor vehicle when the
13person's driver's license, permit or privilege was revoked by
14the Secretary of State or the driver's license administrator of
15any other state, except as specifically allowed by a restricted
16driving permit issued pursuant to this Code or the law of
17another state, the Secretary shall not issue a driver's license
18for an additional period of one year from the date of such
19conviction indicating such person was operating a vehicle
20during such period of revocation.
21    (b-3) (Blank).
22    (b-4) When the Secretary of State receives a report of a
23conviction of any violation indicating a person was operating a
24motor vehicle that was not equipped with an ignition interlock
25device during a time when the person was prohibited from
26operating a motor vehicle not equipped with such a device, the

 

 

09800HB4206ham001- 43 -LRB098 15145 MLW 58461 a

1Secretary shall not issue a driver's license to that person for
2an additional period of one year from the date of the
3conviction.
4    (b-5) Any person convicted of violating this Section shall
5serve a minimum term of imprisonment of 30 consecutive days or
6300 hours of community service when the person's driving
7privilege was revoked or suspended as a result of a violation
8of Section 9-3 of the Criminal Code of 1961 or the Criminal
9Code of 2012, relating to the offense of reckless homicide, or
10a similar provision of a law of another state.
11    (b-6) Upon receiving a report of a first conviction of
12operating a motor vehicle while the person's driver's license,
13permit or privilege was revoked where the revocation was for a
14violation of Section 9-3 of the Criminal Code of 1961 or the
15Criminal Code of 2012 relating to the offense of reckless
16homicide or a similar out-of-state offense, the Secretary shall
17not issue a driver's license for an additional period of three
18years from the date of such conviction.
19    (c) Except as provided in subsections (c-3) and (c-4), any
20person convicted of violating this Section shall serve a
21minimum term of imprisonment of 10 consecutive days or 30 days
22of community service when the person's driving privilege was
23revoked or suspended as a result of:
24        (1) a violation of Section 11-501 of this Code or a
25    similar provision of a local ordinance relating to the
26    offense of operating or being in physical control of a

 

 

09800HB4206ham001- 44 -LRB098 15145 MLW 58461 a

1    vehicle while under the influence of alcohol, any other
2    drug or any combination thereof; or
3        (2) a violation of paragraph (b) of Section 11-401 of
4    this Code or a similar provision of a local ordinance
5    relating to the offense of leaving the scene of a motor
6    vehicle accident involving personal injury or death; or
7        (3) a statutory summary suspension or revocation under
8    Section 11-501.1 of this Code.
9    Such sentence of imprisonment or community service shall
10not be subject to suspension in order to reduce such sentence.
11    (c-1) Except as provided in subsections (c-5) and (d), any
12person convicted of a second violation of this Section shall be
13ordered by the court to serve a minimum of 100 hours of
14community service.
15    (c-2) In addition to other penalties imposed under this
16Section, the court may impose on any person convicted a fourth
17time of violating this Section any of the following:
18        (1) Seizure of the license plates of the person's
19    vehicle.
20        (2) Immobilization of the person's vehicle for a period
21    of time to be determined by the court.
22    (c-3) Any person convicted of a violation of this Section
23during a period of summary suspension imposed pursuant to
24Section 11-501.1 when the person was eligible for a MDDP shall
25be guilty of a Class 4 felony and shall serve a minimum term of
26imprisonment of 30 days.

 

 

09800HB4206ham001- 45 -LRB098 15145 MLW 58461 a

1    (c-4) Any person who has been issued a MDDP or a restricted
2driving permit which requires the person to operate only motor
3vehicles equipped with an ignition interlock device and who is
4convicted of a violation of this Section as a result of
5operating or being in actual physical control of a motor
6vehicle not equipped with an ignition interlock device at the
7time of the offense shall be guilty of a Class 4 felony and
8shall serve a minimum term of imprisonment of 30 days.
9    (c-5) Any person convicted of a second violation of this
10Section is guilty of a Class 2 felony, is not eligible for
11probation or conditional discharge, and shall serve a mandatory
12term of imprisonment, if:
13         (1) the current violation occurred when the person's
14    driver's license was suspended or revoked for a violation
15    of Section 9-3 of the Criminal Code of 1961 or the Criminal
16    Code of 2012, relating to the offense of reckless homicide,
17    or a similar out-of-state offense; and
18        (2) the prior conviction under this Section occurred
19    while the person's driver's license was suspended or
20    revoked for a violation of Section 9-3 of the Criminal Code
21    of 1961 or the Criminal Code of 2012 relating to the
22    offense of reckless homicide, or a similar out-of-state
23    offense, or was suspended or revoked for a violation of
24    Section 11-401 or 11-501 of this Code, a similar
25    out-of-state offense, a similar provision of a local
26    ordinance, or a statutory summary suspension or revocation

 

 

09800HB4206ham001- 46 -LRB098 15145 MLW 58461 a

1    under Section 11-501.1 of this Code.
2    (d) Any person convicted of a second violation of this
3Section shall be guilty of a Class 4 felony and shall serve a
4minimum term of imprisonment of 30 days or 300 hours of
5community service, as determined by the court, if:
6         (1) the current violation occurred when the person's
7    driver's license was suspended or revoked for a violation
8    of Section 11-401 or 11-501 of this Code, a similar
9    out-of-state offense, a similar provision of a local
10    ordinance, or a statutory summary suspension or revocation
11    under Section 11-501.1 of this Code; and
12        (2) the prior conviction under this Section occurred
13    while the person's driver's license was suspended or
14    revoked for a violation of Section 11-401 or 11-501 of this
15    Code, a similar out-of-state offense, a similar provision
16    of a local ordinance, or a statutory summary suspension or
17    revocation under Section 11-501.1 of this Code, or for a
18    violation of Section 9-3 of the Criminal Code of 1961 or
19    the Criminal Code of 2012, relating to the offense of
20    reckless homicide, or a similar out-of-state offense.
21    (d-1) Except as provided in subsections (d-2), (d-2.5), and
22(d-3), any person convicted of a third or subsequent violation
23of this Section shall serve a minimum term of imprisonment of
2430 days or 300 hours of community service, as determined by the
25court.
26    (d-2) Any person convicted of a third violation of this

 

 

09800HB4206ham001- 47 -LRB098 15145 MLW 58461 a

1Section is guilty of a Class 4 felony and must serve a minimum
2term of imprisonment of 30 days, if:
3         (1) the current violation occurred when the person's
4    driver's license was suspended or revoked for a violation
5    of Section 11-401 or 11-501 of this Code, or a similar
6    out-of-state offense, or a similar provision of a local
7    ordinance, or a statutory summary suspension or revocation
8    under Section 11-501.1 of this Code; and
9        (2) the prior convictions under this Section occurred
10    while the person's driver's license was suspended or
11    revoked for a violation of Section 11-401 or 11-501 of this
12    Code, a similar out-of-state offense, a similar provision
13    of a local ordinance, or a statutory summary suspension or
14    revocation under Section 11-501.1 of this Code, or for a
15    violation of Section 9-3 of the Criminal Code of 1961 or
16    the Criminal Code of 2012, relating to the offense of
17    reckless homicide, or a similar out-of-state offense.
18    (d-2.5) Any person convicted of a third violation of this
19Section is guilty of a Class 1 felony, is not eligible for
20probation or conditional discharge, and must serve a mandatory
21term of imprisonment, if:
22         (1) the current violation occurred while the person's
23    driver's license was suspended or revoked for a violation
24    of Section 9-3 of the Criminal Code of 1961 or the Criminal
25    Code of 2012, relating to the offense of reckless homicide,
26    or a similar out-of-state offense. The person's driving

 

 

09800HB4206ham001- 48 -LRB098 15145 MLW 58461 a

1    privileges shall be revoked for the remainder of the
2    person's life; and
3        (2) the prior convictions under this Section occurred
4    while the person's driver's license was suspended or
5    revoked for a violation of Section 9-3 of the Criminal Code
6    of 1961 or the Criminal Code of 2012, relating to the
7    offense of reckless homicide, or a similar out-of-state
8    offense, or was suspended or revoked for a violation of
9    Section 11-401 or 11-501 of this Code, a similar
10    out-of-state offense, a similar provision of a local
11    ordinance, or a statutory summary suspension or revocation
12    under Section 11-501.1 of this Code.
13    (d-3) Any person convicted of a fourth, fifth, sixth,
14seventh, eighth, or ninth violation of this Section is guilty
15of a Class 4 felony and must serve a minimum term of
16imprisonment of 180 days, if:
17         (1) the current violation occurred when the person's
18    driver's license was suspended or revoked for a violation
19    of Section 11-401 or 11-501 of this Code, a similar
20    out-of-state offense, a similar provision of a local
21    ordinance, or a statutory summary suspension or revocation
22    under Section 11-501.1 of this Code; and
23        (2) the prior convictions under this Section occurred
24    while the person's driver's license was suspended or
25    revoked for a violation of Section 11-401 or 11-501 of this
26    Code, a similar out-of-state offense, a similar provision

 

 

09800HB4206ham001- 49 -LRB098 15145 MLW 58461 a

1    of a local ordinance, or a statutory summary suspension or
2    revocation under Section 11-501.1 of this Code, or for a
3    violation of Section 9-3 of the Criminal Code of 1961 or
4    the Criminal Code of 2012, relating to the offense of
5    reckless homicide, or a similar out-of-state offense.
6    (d-3.5) Any person convicted of a fourth or subsequent
7violation of this Section is guilty of a Class 1 felony, is not
8eligible for probation or conditional discharge, and must serve
9a mandatory term of imprisonment, and is eligible for an
10extended term, if:
11        (1) the current violation occurred when the person's
12    driver's license was suspended or revoked for a violation
13    of Section 9-3 of the Criminal Code of 1961 or the Criminal
14    Code of 2012, relating to the offense of reckless homicide,
15    or a similar out-of-state offense; and
16        (2) the prior convictions under this Section occurred
17    while the person's driver's license was suspended or
18    revoked for a violation of Section 9-3 of the Criminal Code
19    of 1961 or the Criminal Code of 2012, relating to the
20    offense of reckless homicide, or a similar out-of-state
21    offense, or was suspended or revoked for a violation of
22    Section 11-401 or 11-501 of this Code, a similar
23    out-of-state offense, a similar provision of a local
24    ordinance, or a statutory summary suspension or revocation
25    under Section 11-501.1 of this Code.
26    (d-4) Any person convicted of a tenth, eleventh, twelfth,

 

 

09800HB4206ham001- 50 -LRB098 15145 MLW 58461 a

1thirteenth, or fourteenth violation of this Section is guilty
2of a Class 3 felony, and is not eligible for probation or
3conditional discharge, if:
4        (1) the current violation occurred when the person's
5    driver's license was suspended or revoked for a violation
6    of Section 11-401 or 11-501 of this Code, or a similar
7    out-of-state offense, or a similar provision of a local
8    ordinance, or a statutory summary suspension or revocation
9    under Section 11-501.1 of this Code; and
10        (2) the prior convictions under this Section occurred
11    while the person's driver's license was suspended or
12    revoked for a violation of Section 11-401 or 11-501 of this
13    Code, a similar out-of-state offense, a similar provision
14    of a local ordinance, or a statutory suspension or
15    revocation under Section 11-501.1 of this Code, or for a
16    violation of Section 9-3 of the Criminal Code of 1961 or
17    the Criminal Code of 2012, relating to the offense of
18    reckless homicide, or a similar out-of-state offense.
19    (d-5) Any person convicted of a fifteenth or subsequent
20violation of this Section is guilty of a Class 2 felony, and is
21not eligible for probation or conditional discharge, if:
22         (1) the current violation occurred when the person's
23    driver's license was suspended or revoked for a violation
24    of Section 11-401 or 11-501 of this Code, or a similar
25    out-of-state offense, or a similar provision of a local
26    ordinance, or a statutory summary suspension or revocation

 

 

09800HB4206ham001- 51 -LRB098 15145 MLW 58461 a

1    under Section 11-501.1 of this Code; and
2        (2) the prior convictions under this Section occurred
3    while the person's driver's license was suspended or
4    revoked for a violation of Section 11-401 or 11-501 of this
5    Code, a similar out-of-state offense, a similar provision
6    of a local ordinance, or a statutory summary suspension or
7    revocation under Section 11-501.1 of this Code, or for a
8    violation of Section 9-3 of the Criminal Code of 1961 or
9    the Criminal Code of 2012, relating to the offense of
10    reckless homicide, or a similar out-of-state offense.
11    (e) Any person in violation of this Section who is also in
12violation of Section 7-601 of this Code relating to mandatory
13insurance requirements, in addition to other penalties imposed
14under this Section, shall have his or her motor vehicle
15immediately impounded by the arresting law enforcement
16officer. The motor vehicle may be released to any licensed
17driver upon a showing of proof of insurance for the vehicle
18that was impounded and the notarized written consent for the
19release by the vehicle owner.
20    (f) For any prosecution under this Section, a certified
21copy of the driving abstract of the defendant shall be admitted
22as proof of any prior conviction.
23    (g) The motor vehicle used in a violation of this Section
24is subject to seizure and forfeiture as provided in Sections
2536-1 and 36-2 of the Criminal Code of 2012 if the person's
26driving privilege was revoked or suspended as a result of:

 

 

09800HB4206ham001- 52 -LRB098 15145 MLW 58461 a

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. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13;
1598-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff.
168-27-13; revised 9-19-13.)".