Full Text of SB0622 99th General Assembly
SB0622sam001 99TH GENERAL ASSEMBLY | Sen. Steve Stadelman Filed: 4/7/2015
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| 1 | | AMENDMENT TO SENATE BILL 622
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 622 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 6-205, 6-206, and 11-501.01 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 |
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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 | 19 | | the license
or permit of any driver in the following | 20 | | situations:
| 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 | 17 | | offenses enumerated in
this Section, the court may recommend | 18 | | and the Secretary of State in his
discretion, without regard to | 19 | | whether the recommendation is made by the
court may, upon | 20 | | application,
issue to the person a
restricted driving permit | 21 | | granting the privilege of driving a motor
vehicle between the | 22 | | petitioner's residence and petitioner's place
of employment or | 23 | | within the scope of the petitioner's employment related
duties, | 24 | | or to allow the petitioner to transport himself or herself or a | 25 | | family member
of the petitioner's household to a medical | 26 | | facility for the receipt of necessary medical care or to allow |
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| 1 | | the
petitioner to transport himself or herself to and from | 2 | | alcohol or drug remedial or rehabilitative activity | 3 | | recommended by a licensed service provider, or to allow the
| 4 | | petitioner to transport himself or herself or a family member | 5 | | of the petitioner's household to classes, as a student, at an | 6 | | accredited educational
institution, or to allow the petitioner | 7 | | to transport children, elderly persons, or disabled persons who | 8 | | do not hold driving privileges and are living in the | 9 | | petitioner's household to and from daycare; if the petitioner | 10 | | is able to demonstrate that no alternative means
of | 11 | | transportation is reasonably available and that the petitioner | 12 | | will not endanger
the public safety or welfare; provided that | 13 | | the Secretary's discretion shall be
limited to cases where | 14 | | undue hardship, as defined by the rules of the Secretary of | 15 | | State, would result from a failure to issue the
restricted | 16 | | driving permit. Those multiple offenders identified in | 17 | | subdivision (b)4 of Section 6-208 of this Code, however, shall | 18 | | not be eligible for the issuance of a restricted driving | 19 | | permit.
| 20 | | (2) If a person's license or permit is revoked or | 21 | | suspended due to 2 or
more convictions of violating Section | 22 | | 11-501 of this Code or a similar
provision of a local | 23 | | ordinance or a similar out-of-state offense, or Section 9-3 | 24 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 25 | | where the use of alcohol or other drugs is recited as an | 26 | | element of the offense, or a similar out-of-state offense, |
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| 1 | | or a combination of these offenses, arising out
of separate | 2 | | occurrences, that person, if issued a restricted driving | 3 | | permit,
may not operate a vehicle unless it has been | 4 | | equipped with an ignition
interlock device as defined in | 5 | | Section 1-129.1.
| 6 | | (3) If:
| 7 | | (A) a person's license or permit is revoked or | 8 | | suspended 2 or more
times within a 10 year period due | 9 | | to any combination of: | 10 | | (i)
a single conviction of violating Section
| 11 | | 11-501 of this Code or a similar provision of a | 12 | | local ordinance or a similar
out-of-state offense, | 13 | | or Section 9-3 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012, where the use of alcohol or | 15 | | other drugs is recited as an element of the | 16 | | offense, or a similar out-of-state offense; or | 17 | | (ii)
a statutory summary suspension or | 18 | | revocation under Section
11-501.1; or | 19 | | (iii)
a suspension pursuant to Section | 20 | | 6-203.1;
| 21 | | arising out of
separate occurrences; or | 22 | | (B)
a person has been convicted of one violation of | 23 | | Section 6-303 of this Code committed while his or her | 24 | | driver's license, permit, or privilege was revoked | 25 | | because of a violation of Section 9-3 of the Criminal | 26 | | Code of 1961 or the Criminal Code of 2012, relating to |
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| 1 | | the offense of reckless homicide where the use of | 2 | | alcohol or other drugs was recited as an element of the | 3 | | offense, or a similar provision of a law of another | 4 | | state; or
| 5 | | (C) a person has been convicted of one violation of | 6 | | subparagraph (C) or (F) of paragraph (1) of subsection | 7 | | (d) of Section 11-501 of this Code or a similar | 8 | | provision of a local ordinance or similar out-of-state | 9 | | offense; | 10 | | that person, if issued a restricted
driving permit, may not | 11 | | operate a vehicle unless it has been equipped with an
| 12 | | ignition interlock device as defined in Section 1-129.1. | 13 | | (4)
The person issued a permit conditioned on the use | 14 | | of an ignition interlock device must pay to the Secretary | 15 | | of State DUI Administration Fund an amount
not to exceed | 16 | | $30 per month. The Secretary shall establish by rule the | 17 | | amount
and the procedures, terms, and conditions relating | 18 | | to these fees. | 19 | | (5)
If the restricted driving permit is issued for | 20 | | employment purposes, then
the prohibition against | 21 | | operating a motor vehicle that is not equipped with an | 22 | | ignition interlock device does not apply to the operation | 23 | | of an occupational vehicle
owned or leased by that person's | 24 | | employer when used solely for employment purposes. | 25 | | (6)
In each case the Secretary of State may issue a
| 26 | | restricted driving permit for a period he deems |
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| 1 | | appropriate, except that the
permit shall expire within one | 2 | | year from the date of issuance. The Secretary
may not, | 3 | | however, issue a restricted driving permit to any person | 4 | | whose current
revocation is the result of a second or | 5 | | subsequent conviction for a violation
of Section 11-501 of | 6 | | this Code or a similar provision of a local ordinance
or | 7 | | any similar out-of-state offense, a first conviction for a | 8 | | violation of subparagraph (C) or (F) of paragraph (1) of | 9 | | subsection (d) of Section 11-501 of this Code or a similar | 10 | | provision of a local ordinance or similar out-of-state | 11 | | offense, or Section 9-3 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012, where the use of alcohol or other | 13 | | drugs is recited as an element of the offense, or any | 14 | | similar out-of-state offense, or any combination of these | 15 | | offenses, until the expiration of at least one year from | 16 | | the date of the
revocation. A restricted
driving permit | 17 | | issued under this Section shall be
subject to cancellation, | 18 | | revocation, and suspension by the Secretary of
State in | 19 | | like manner and for like cause as a driver's license issued
| 20 | | under this Code may be cancelled, revoked, or
suspended; | 21 | | except that a conviction upon one or more offenses against | 22 | | laws or
ordinances regulating the movement of traffic shall | 23 | | be deemed sufficient cause
for the revocation, suspension, | 24 | | or cancellation of a restricted driving permit.
The | 25 | | Secretary of State may, as a condition to the issuance of a | 26 | | restricted
driving permit, require the petitioner to |
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| 1 | | participate in a designated driver
remedial or | 2 | | rehabilitative program. The Secretary of State is | 3 | | authorized to
cancel a restricted driving permit if the | 4 | | permit holder does not successfully
complete the program. | 5 | | However, if an individual's driving privileges have been
| 6 | | revoked in accordance with paragraph 13 of subsection (a) | 7 | | of this Section, no
restricted driving permit shall be | 8 | | issued until the individual has served 6
months of the | 9 | | revocation period.
| 10 | | (c-5) (Blank).
| 11 | | (c-6) If a person is convicted of a second violation of | 12 | | operating a motor vehicle while the person's driver's license, | 13 | | permit or privilege was revoked, where the revocation was for a | 14 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012 relating to the offense of reckless | 16 | | homicide or a similar out-of-state offense, the person's | 17 | | driving privileges shall be revoked pursuant to subdivision | 18 | | (a)(15) of this Section. The person may not make application | 19 | | for a license or permit until the expiration of five years from | 20 | | the effective date of the revocation or the expiration of five | 21 | | years from the date of release from a term of imprisonment, | 22 | | whichever is later. | 23 | | (c-7) If a person is convicted of a third or subsequent | 24 | | violation of operating a motor vehicle while the person's | 25 | | driver's license, permit or privilege was revoked, where the | 26 | | revocation was for 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 the | 2 | | offense of reckless homicide or a similar out-of-state offense, | 3 | | the person may never apply for a license or permit. | 4 | | (d)(1) Whenever a person under the age of 21 is convicted | 5 | | under Section
11-501 of this Code or a similar provision of a | 6 | | local ordinance or a similar out-of-state offense, the
| 7 | | Secretary of State shall revoke the driving privileges of that | 8 | | person. One
year after the date of revocation, and upon | 9 | | application, the Secretary of
State may, if satisfied that the | 10 | | person applying will not endanger the
public safety or welfare, | 11 | | issue a restricted driving permit granting the
privilege of | 12 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 13 | | p.m. or as otherwise provided by this Section for a period of | 14 | | one year.
After this one year period, and upon reapplication | 15 | | for a license as
provided in Section 6-106, upon payment of the | 16 | | appropriate reinstatement
fee provided under paragraph (b) of | 17 | | Section 6-118, the Secretary of State,
in his discretion, may
| 18 | | reinstate the petitioner's driver's license and driving | 19 | | privileges, or extend the restricted driving permit as many | 20 | | times as the
Secretary of State deems appropriate, by | 21 | | additional periods of not more than
12 months each.
| 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 a person's license or permit is revoked or | 9 | | suspended 2 or more times
within a 10 year period due to | 10 | | any combination of: | 11 | | (A) a single conviction of violating Section | 12 | | 11-501
of this
Code or a similar provision of a local | 13 | | ordinance or a similar out-of-state
offense, or | 14 | | 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 offense, or | 17 | | a similar out-of-state offense; or | 18 | | (B)
a statutory summary suspension or revocation | 19 | | under Section 11-501.1; or | 20 | | (C) a suspension pursuant to Section 6-203.1; | 21 | | arising out of separate occurrences, that person, if issued | 22 | | a
restricted
driving permit, may not operate a vehicle | 23 | | unless it has been equipped with an
ignition interlock | 24 | | device as defined in Section 1-129.1. | 25 | | (3.5) If a person's license or permit is revoked or | 26 | | suspended due to a conviction for a violation of |
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| 1 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 2 | | of Section 11-501 of this Code or a similar provision of a | 3 | | local ordinance or similar out-of-state offense, that | 4 | | person, if issued a restricted driving permit, may not | 5 | | operate a vehicle unless it has been equipped with an | 6 | | ignition interlock device as defined in Section 1-129.1. | 7 | | (4)
The person issued a permit conditioned upon the use | 8 | | of an interlock device must pay to the Secretary of State | 9 | | DUI Administration Fund an amount
not to exceed $30 per | 10 | | month. The Secretary shall establish by rule the amount
and | 11 | | the procedures, terms, and conditions relating to these | 12 | | fees. | 13 | | (5)
If the restricted driving permit is issued for | 14 | | employment purposes, then
the prohibition against driving | 15 | | a vehicle that is not equipped with an ignition interlock | 16 | | device does not apply to the operation of an occupational | 17 | | vehicle
owned or leased by that person's employer when used | 18 | | solely for employment purposes. | 19 | | (6) A
restricted driving permit issued under this | 20 | | Section shall be subject to
cancellation, revocation, and | 21 | | suspension by the Secretary of State in like
manner and for | 22 | | like cause as a driver's license issued under this Code may | 23 | | be
cancelled, revoked, or suspended; except that a | 24 | | conviction upon one or more
offenses against laws or | 25 | | ordinances regulating the movement of traffic
shall be | 26 | | deemed sufficient cause for the revocation, suspension, or
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| 1 | | cancellation of a restricted driving permit.
| 2 | | (d-5) The revocation of the license, permit, or driving | 3 | | privileges of a person convicted of a third or subsequent | 4 | | violation of Section 6-303 of this Code committed while his or | 5 | | her driver's license, permit, or privilege was revoked because | 6 | | of a violation of Section 9-3 of the Criminal Code of 1961 or | 7 | | the Criminal Code of 2012, relating to the offense of reckless | 8 | | homicide, or a similar provision of a law of another state, is | 9 | | permanent. The Secretary may not, at any time, issue a license | 10 | | or permit to that person.
| 11 | | (e) This Section is subject to the provisions of the Driver | 12 | | License
Compact.
| 13 | | (f) Any revocation imposed upon any person under | 14 | | subsections 2
and 3 of paragraph (b) that is in effect on | 15 | | December 31, 1988 shall be
converted to a suspension for a like | 16 | | period of time.
| 17 | | (g) The Secretary of State shall not issue a restricted | 18 | | driving permit to
a person under the age of 16 years whose | 19 | | driving privileges have been revoked
under any provisions of | 20 | | this Code.
| 21 | | (h) The Secretary of State shall require the use of | 22 | | ignition interlock
devices on all vehicles owned by a person | 23 | | who has been convicted of : (i) a
second or subsequent offense | 24 | | under Section 11-501 of this Code or a similar
provision of a | 25 | | local ordinance ; or (ii) a first violation under subparagraph | 26 | | (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 |
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| 1 | | of this Code or a similar provision of a local ordinance or | 2 | | similar out-of-state offense . The person must pay to the | 3 | | Secretary of State DUI Administration Fund an amount not to | 4 | | exceed $30 for each month that he or she uses the device. The | 5 | | Secretary shall establish by rule and
regulation the procedures | 6 | | for certification and use of the interlock
system, the amount | 7 | | of the fee, and the procedures, terms, and conditions relating | 8 | | to these fees.
| 9 | | (i) (Blank).
| 10 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 11 | | State may not issue a restricted driving permit for the | 12 | | operation of a commercial motor vehicle to a person holding a | 13 | | CDL whose driving privileges have been revoked, suspended, | 14 | | cancelled, or disqualified under any provisions of this Code.
| 15 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 16 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 17 | | 7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. | 18 | | 1-1-13; 97-1150, eff. 1-25-13.)
| 19 | | (625 ILCS 5/6-206)
| 20 | | Sec. 6-206. Discretionary authority to suspend or revoke | 21 | | license or
permit; Right to a hearing.
| 22 | | (a) The Secretary of State is authorized to suspend or | 23 | | revoke the
driving privileges of any person without preliminary | 24 | | hearing upon a showing
of the person's records or other | 25 | | sufficient evidence that
the person:
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| 1 | | 1. Has committed an offense for which mandatory | 2 | | revocation of
a driver's license or permit is required upon | 3 | | conviction;
| 4 | | 2. Has been convicted of not less than 3 offenses | 5 | | against traffic
regulations governing the movement of | 6 | | vehicles committed within any 12
month period. No | 7 | | revocation or suspension shall be entered more than
6 | 8 | | months after the date of last conviction;
| 9 | | 3. Has been repeatedly involved as a driver in motor | 10 | | vehicle
collisions or has been repeatedly convicted of | 11 | | offenses against laws and
ordinances regulating the | 12 | | movement of traffic, to a degree that
indicates lack of | 13 | | ability to exercise ordinary and reasonable care in
the | 14 | | safe operation of a motor vehicle or disrespect for the | 15 | | traffic laws
and the safety of other persons upon the | 16 | | highway;
| 17 | | 4. Has by the unlawful operation of a motor vehicle | 18 | | caused or
contributed to an accident resulting in injury | 19 | | requiring
immediate professional treatment in a medical | 20 | | facility or doctor's office
to any person, except that any | 21 | | suspension or revocation imposed by the
Secretary of State | 22 | | under the provisions of this subsection shall start no
| 23 | | later than 6 months after being convicted of violating a | 24 | | law or
ordinance regulating the movement of traffic, which | 25 | | violation is related
to the accident, or shall start not | 26 | | more than one year
after
the date of the accident, |
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| 1 | | whichever date occurs later;
| 2 | | 5. Has permitted an unlawful or fraudulent use of a | 3 | | driver's
license, identification card, or permit;
| 4 | | 6. Has been lawfully convicted of an offense or | 5 | | offenses in another
state, including the authorization | 6 | | contained in Section 6-203.1, which
if committed within | 7 | | this State would be grounds for suspension or revocation;
| 8 | | 7. Has refused or failed to submit to an examination | 9 | | provided for by
Section 6-207 or has failed to pass the | 10 | | examination;
| 11 | | 8. Is ineligible for a driver's license or permit under | 12 | | the provisions
of Section 6-103;
| 13 | | 9. Has made a false statement or knowingly concealed a | 14 | | material fact
or has used false information or | 15 | | identification in any application for a
license, | 16 | | identification card, or permit;
| 17 | | 10. Has possessed, displayed, or attempted to | 18 | | fraudulently use any
license, identification card, or | 19 | | permit not issued to the person;
| 20 | | 11. Has operated a motor vehicle upon a highway of this | 21 | | State when
the person's driving privilege or privilege to | 22 | | obtain a driver's license
or permit was revoked or | 23 | | suspended unless the operation was authorized by
a | 24 | | monitoring device driving permit, judicial driving permit | 25 | | issued prior to January 1, 2009, probationary license to | 26 | | drive, or a restricted
driving permit issued under this |
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| 1 | | Code;
| 2 | | 12. Has submitted to any portion of the application | 3 | | process for
another person or has obtained the services of | 4 | | another person to submit to
any portion of the application | 5 | | process for the purpose of obtaining a
license, | 6 | | identification card, or permit for some other person;
| 7 | | 13. Has operated a motor vehicle upon a highway of this | 8 | | State when
the person's driver's license or permit was | 9 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 10 | | 14. Has committed a violation of Section 6-301, | 11 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 12 | | of the Illinois Identification Card
Act;
| 13 | | 15. Has been convicted of violating Section 21-2 of the | 14 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 15 | | to criminal trespass to vehicles in which case, the | 16 | | suspension
shall be for one year;
| 17 | | 16. Has been convicted of violating Section 11-204 of | 18 | | this Code relating
to fleeing from a peace officer;
| 19 | | 17. Has refused to submit to a test, or tests, as | 20 | | required under Section
11-501.1 of this Code and the person | 21 | | has not sought a hearing as
provided for in Section | 22 | | 11-501.1;
| 23 | | 18. Has, since issuance of a driver's license or | 24 | | permit, been adjudged
to be afflicted with or suffering | 25 | | from any mental disability or disease;
| 26 | | 19. Has committed a violation of paragraph (a) or (b) |
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| 1 | | of Section 6-101
relating to driving without a driver's | 2 | | license;
| 3 | | 20. Has been convicted of violating Section 6-104 | 4 | | relating to
classification of driver's license;
| 5 | | 21. Has been convicted of violating Section 11-402 of
| 6 | | this Code relating to leaving the scene of an accident | 7 | | resulting in damage
to a vehicle in excess of $1,000, in | 8 | | which case the suspension shall be
for one year;
| 9 | | 22. Has used a motor vehicle in violating paragraph | 10 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 11 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 12 | | relating
to unlawful use of weapons, in which case the | 13 | | suspension shall be for one
year;
| 14 | | 23. Has, as a driver, been convicted of committing a | 15 | | violation of
paragraph (a) of Section 11-502 of this Code | 16 | | for a second or subsequent
time within one year of a | 17 | | similar violation;
| 18 | | 24. Has been convicted by a court-martial or punished | 19 | | by non-judicial
punishment by military authorities of the | 20 | | United States at a military
installation in Illinois or in | 21 | | another state of or for a traffic related offense that is | 22 | | the
same as or similar to an offense specified under | 23 | | Section 6-205 or 6-206 of
this Code;
| 24 | | 25. Has permitted any form of identification to be used | 25 | | by another in
the application process in order to obtain or | 26 | | attempt to obtain a license,
identification card, or |
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| 1 | | permit;
| 2 | | 26. Has altered or attempted to alter a license or has | 3 | | possessed an
altered license, identification card, or | 4 | | permit;
| 5 | | 27. Has violated Section 6-16 of the Liquor Control Act | 6 | | of 1934;
| 7 | | 28. Has been convicted for a first time of the illegal | 8 | | possession, while operating or
in actual physical control, | 9 | | as a driver, of a motor vehicle, of any
controlled | 10 | | substance prohibited under the Illinois Controlled | 11 | | Substances
Act, any cannabis prohibited under the Cannabis | 12 | | Control
Act, or any methamphetamine prohibited under the | 13 | | Methamphetamine Control and Community Protection Act, in | 14 | | which case the person's driving privileges shall be | 15 | | suspended for
one year.
Any defendant found guilty of this | 16 | | offense while operating a motor vehicle,
shall have an | 17 | | entry made in the court record by the presiding judge that
| 18 | | this offense did occur while the defendant was operating a | 19 | | motor vehicle
and order the clerk of the court to report | 20 | | the violation to the Secretary
of State;
| 21 | | 29. Has been convicted of the following offenses that | 22 | | were committed
while the person was operating or in actual | 23 | | physical control, as a driver,
of a motor vehicle: criminal | 24 | | sexual assault,
predatory criminal sexual assault of a | 25 | | child,
aggravated criminal sexual
assault, criminal sexual | 26 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, |
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| 1 | | soliciting for a juvenile prostitute, promoting juvenile | 2 | | prostitution as described in subdivision (a)(1), (a)(2), | 3 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 4 | | or the Criminal Code of 2012, and the manufacture, sale or
| 5 | | delivery of controlled substances or instruments used for | 6 | | illegal drug use
or abuse in which case the driver's | 7 | | driving privileges shall be suspended
for one year;
| 8 | | 30. Has been convicted a second or subsequent time for | 9 | | any
combination of the offenses named in paragraph 29 of | 10 | | this subsection,
in which case the person's driving | 11 | | privileges shall be suspended for 5
years;
| 12 | | 31. Has refused to submit to a test as
required by | 13 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 14 | | Registration and Safety Act or has submitted to a test | 15 | | resulting in
an alcohol concentration of 0.08 or more or | 16 | | any amount of a drug, substance, or
compound resulting from | 17 | | the unlawful use or consumption of cannabis as listed
in | 18 | | the Cannabis Control Act, a controlled substance as listed | 19 | | in the Illinois
Controlled Substances Act, an intoxicating | 20 | | compound as listed in the Use of
Intoxicating Compounds | 21 | | Act, or methamphetamine as listed in the Methamphetamine | 22 | | Control and Community Protection Act, in which case the | 23 | | penalty shall be
as prescribed in Section 6-208.1;
| 24 | | 32. Has been convicted of Section 24-1.2 of the | 25 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 26 | | to the aggravated discharge of a firearm if the offender |
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| 1 | | was
located in a motor vehicle at the time the firearm was | 2 | | discharged, in which
case the suspension shall be for 3 | 3 | | years;
| 4 | | 33. Has as a driver, who was less than 21 years of age | 5 | | on the date of
the offense, been convicted a first time of | 6 | | a violation of paragraph (a) of
Section 11-502 of this Code | 7 | | or a similar provision of a local ordinance;
| 8 | | 34. Has committed a violation of Section 11-1301.5 of | 9 | | this Code or a similar provision of a local ordinance;
| 10 | | 35. Has committed a violation of Section 11-1301.6 of | 11 | | this Code or a similar provision of a local ordinance;
| 12 | | 36. Is under the age of 21 years at the time of arrest | 13 | | and has been
convicted of not less than 2 offenses against | 14 | | traffic regulations governing
the movement of vehicles | 15 | | committed within any 24 month period. No revocation
or | 16 | | suspension shall be entered more than 6 months after the | 17 | | date of last
conviction;
| 18 | | 37. Has committed a violation of subsection (c) of | 19 | | Section 11-907 of this
Code that resulted in damage to the | 20 | | property of another or the death or injury of another;
| 21 | | 38. Has been convicted of a violation of Section 6-20 | 22 | | of the Liquor
Control Act of 1934 or a similar provision of | 23 | | a local ordinance;
| 24 | | 39. Has committed a second or subsequent violation of | 25 | | Section
11-1201 of this Code;
| 26 | | 40. Has committed a violation of subsection (a-1) of |
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| 1 | | Section 11-908 of
this Code; | 2 | | 41. Has committed a second or subsequent violation of | 3 | | Section 11-605.1 of this Code, a similar provision of a | 4 | | local ordinance, or a similar violation in any other state | 5 | | within 2 years of the date of the previous violation, in | 6 | | which case the suspension shall be for 90 days; | 7 | | 42. Has committed a violation of subsection (a-1) of | 8 | | Section 11-1301.3 of this Code or a similar provision of a | 9 | | local ordinance;
| 10 | | 43. Has received a disposition of court supervision for | 11 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 12 | | of the Liquor
Control Act of 1934 or a similar provision of | 13 | | a local ordinance, in which case the suspension shall be | 14 | | for a period of 3 months;
| 15 | | 44.
Is under the age of 21 years at the time of arrest | 16 | | and has been convicted of an offense against traffic | 17 | | regulations governing the movement of vehicles after | 18 | | having previously had his or her driving privileges
| 19 | | suspended or revoked pursuant to subparagraph 36 of this | 20 | | Section; | 21 | | 45.
Has, in connection with or during the course of a | 22 | | formal hearing conducted under Section 2-118 of this Code: | 23 | | (i) committed perjury; (ii) submitted fraudulent or | 24 | | falsified documents; (iii) submitted documents that have | 25 | | been materially altered; or (iv) submitted, as his or her | 26 | | own, documents that were in fact prepared or composed for |
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| 1 | | another person; | 2 | | 46. Has committed a violation of subsection (j) of | 3 | | Section 3-413 of this Code; or
| 4 | | 47. Has committed a violation of Section 11-502.1 of | 5 | | this Code. | 6 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 7 | | and 27 of this
subsection, license means any driver's license, | 8 | | any traffic ticket issued when
the person's driver's license is | 9 | | deposited in lieu of bail, a suspension
notice issued by the | 10 | | Secretary of State, a duplicate or corrected driver's
license, | 11 | | a probationary driver's license or a temporary driver's | 12 | | license. | 13 | | (b) If any conviction forming the basis of a suspension or
| 14 | | revocation authorized under this Section is appealed, the
| 15 | | Secretary of State may rescind or withhold the entry of the | 16 | | order of suspension
or revocation, as the case may be, provided | 17 | | that a certified copy of a stay
order of a court is filed with | 18 | | the Secretary of State. If the conviction is
affirmed on | 19 | | appeal, the date of the conviction shall relate back to the | 20 | | time
the original judgment of conviction was entered and the 6 | 21 | | month limitation
prescribed shall not apply.
| 22 | | (c) 1. Upon suspending or revoking the driver's license or | 23 | | permit of
any person as authorized in this Section, the | 24 | | Secretary of State shall
immediately notify the person in | 25 | | writing of the revocation or suspension.
The notice to be | 26 | | deposited in the United States mail, postage prepaid,
to the |
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| 1 | | last known address of the person.
| 2 | | 2. If the Secretary of State suspends the driver's license
| 3 | | of a person under subsection 2 of paragraph (a) of this | 4 | | Section, a
person's privilege to operate a vehicle as an | 5 | | occupation shall not be
suspended, provided an affidavit is | 6 | | properly completed, the appropriate fee
received, and a permit | 7 | | issued prior to the effective date of the
suspension, unless 5 | 8 | | offenses were committed, at least 2 of which occurred
while | 9 | | operating a commercial vehicle in connection with the driver's
| 10 | | regular occupation. All other driving privileges shall be | 11 | | suspended by the
Secretary of State. Any driver prior to | 12 | | operating a vehicle for
occupational purposes only must submit | 13 | | the affidavit on forms to be
provided by the Secretary of State | 14 | | setting forth the facts of the person's
occupation. The | 15 | | affidavit shall also state the number of offenses
committed | 16 | | while operating a vehicle in connection with the driver's | 17 | | regular
occupation. The affidavit shall be accompanied by the | 18 | | driver's license.
Upon receipt of a properly completed | 19 | | affidavit, the Secretary of State
shall issue the driver a | 20 | | permit to operate a vehicle in connection with the
driver's | 21 | | regular occupation only. Unless the permit is issued by the
| 22 | | Secretary of State prior to the date of suspension, the | 23 | | privilege to drive
any motor vehicle shall be suspended as set | 24 | | forth in the notice that was
mailed under this Section. If an | 25 | | affidavit is received subsequent to the
effective date of this | 26 | | suspension, a permit may be issued for the remainder
of the |
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| 1 | | suspension period.
| 2 | | The provisions of this subparagraph shall not apply to any | 3 | | driver
required to possess a CDL for the purpose of operating a | 4 | | commercial motor vehicle.
| 5 | | Any person who falsely states any fact in the affidavit | 6 | | required
herein shall be guilty of perjury under Section 6-302 | 7 | | and upon conviction
thereof shall have all driving privileges | 8 | | revoked without further rights.
| 9 | | 3. At the conclusion of a hearing under Section 2-118 of | 10 | | this Code,
the Secretary of State shall either rescind or | 11 | | continue an order of
revocation or shall substitute an order of | 12 | | suspension; or, good
cause appearing therefor, rescind, | 13 | | continue, change, or extend the
order of suspension. If the | 14 | | Secretary of State does not rescind the order,
the Secretary | 15 | | may upon application,
to relieve undue hardship (as defined by | 16 | | the rules of the Secretary of State), issue
a restricted | 17 | | driving permit granting the privilege of driving a motor
| 18 | | vehicle between the petitioner's residence and petitioner's | 19 | | place of
employment or within the scope of the petitioner's | 20 | | employment related duties, or to
allow the petitioner to | 21 | | transport himself or herself, or a family member of the
| 22 | | petitioner's household to a medical facility, to receive | 23 | | necessary medical care, to allow the petitioner to transport | 24 | | himself or herself to and from alcohol or drug
remedial or | 25 | | rehabilitative activity recommended by a licensed service | 26 | | provider, or to allow the petitioner to transport himself or |
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| 1 | | herself or a family member of the petitioner's household to | 2 | | classes, as a student, at an accredited educational | 3 | | institution, or to allow the petitioner to transport children, | 4 | | elderly persons, or disabled persons who do not hold driving | 5 | | privileges and are living in the petitioner's household to and | 6 | | from daycare. The
petitioner must demonstrate that no | 7 | | alternative means of
transportation is reasonably available | 8 | | and that the petitioner will not endanger
the public safety or | 9 | | welfare. Those multiple offenders identified in subdivision | 10 | | (b)4 of Section 6-208 of this Code, however, shall not be | 11 | | eligible for the issuance of a restricted driving permit.
| 12 | | (A) If a person's license or permit is revoked or | 13 | | suspended due to 2
or more convictions of violating Section | 14 | | 11-501 of this Code or a similar
provision of a local | 15 | | ordinance or a similar out-of-state offense, or Section 9-3 | 16 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 17 | | where the use of alcohol or other drugs is recited as an | 18 | | element of the offense, or a similar out-of-state offense, | 19 | | or a combination of these offenses, arising out
of separate | 20 | | occurrences, that person, if issued a restricted driving | 21 | | permit,
may not operate a vehicle unless it has been | 22 | | equipped with an ignition
interlock device as defined in | 23 | | Section 1-129.1.
| 24 | | (B) If a person's license or permit is revoked or | 25 | | suspended 2 or more
times within a 10 year period due to | 26 | | any combination of: |
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| 1 | | (i) a single conviction of violating Section
| 2 | | 11-501 of this Code or a similar provision of a local | 3 | | ordinance or a similar
out-of-state offense or Section | 4 | | 9-3 of the Criminal Code of 1961 or the Criminal Code | 5 | | of 2012, where the use of alcohol or other drugs is | 6 | | recited as an element of the offense, or a similar | 7 | | out-of-state offense; or | 8 | | (ii) a statutory summary suspension or revocation | 9 | | under Section
11-501.1; or | 10 | | (iii) a suspension under Section 6-203.1; | 11 | | arising out of
separate occurrences; that person, if issued | 12 | | a restricted driving permit, may
not operate a vehicle | 13 | | unless it has been
equipped with an ignition interlock | 14 | | device as defined in Section 1-129.1. | 15 | | (B-5) If a person's license or permit is revoked or | 16 | | suspended due to a conviction for a violation of | 17 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 18 | | of Section 11-501 of this Code or a similar provision of a | 19 | | local ordinance or similar out-of-state offense, that | 20 | | person, if issued a restricted driving permit, may not | 21 | | operate a vehicle unless it has been equipped with an | 22 | | ignition interlock device as defined in Section 1-129.1. | 23 | | (C)
The person issued a permit conditioned upon the use | 24 | | of an ignition interlock device must pay to the Secretary | 25 | | of State DUI Administration Fund an amount
not to exceed | 26 | | $30 per month. The Secretary shall establish by rule the |
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| 1 | | amount
and the procedures, terms, and conditions relating | 2 | | 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 operation | 7 | | of an occupational vehicle owned or
leased by that person's | 8 | | employer when used solely for employment purposes. | 9 | | (E) In each case the Secretary may issue a
restricted | 10 | | driving permit for a period deemed appropriate, except that | 11 | | all
permits shall expire within one year from the date of | 12 | | issuance. The Secretary
may not, however, issue a | 13 | | restricted driving permit to any person whose current
| 14 | | revocation is the result of a second or subsequent | 15 | | conviction for a violation
of Section 11-501 of this Code | 16 | | or a similar provision of a local ordinance
or any similar | 17 | | out-of-state offense, a first conviction for a violation of | 18 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 19 | | of Section 11-501 of this Code or a similar provision of a | 20 | | local ordinance or similar out-of-state offense, or | 21 | | Section 9-3 of the Criminal Code of 1961 or the Criminal | 22 | | Code of 2012, where the use of alcohol or other drugs is | 23 | | recited as an element of the offense, or any similar | 24 | | out-of-state offense, or any combination
of those | 25 | | offenses, until the expiration of at least one year from | 26 | | the date of
the revocation. A
restricted driving permit |
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| 1 | | issued under this Section shall be subject to
cancellation, | 2 | | revocation, and suspension by the Secretary of State in | 3 | | like
manner and for like cause as a driver's license issued | 4 | | under this Code may be
cancelled, revoked, or suspended; | 5 | | except that a conviction upon one or more
offenses against | 6 | | laws or ordinances regulating the movement of traffic
shall | 7 | | be deemed sufficient cause for the revocation, suspension, | 8 | | or
cancellation of a restricted driving permit. The | 9 | | Secretary of State may, as
a condition to the issuance of a | 10 | | restricted driving permit, require the
applicant to | 11 | | participate in a designated driver remedial or | 12 | | rehabilitative
program. The Secretary of State is | 13 | | authorized to cancel a restricted
driving permit if the | 14 | | permit holder does not successfully complete the program.
| 15 | | (c-3) In the case of a suspension under paragraph 43 of | 16 | | subsection (a), reports received by the Secretary of State | 17 | | under this Section shall, except during the actual time the | 18 | | suspension is in effect, be privileged information and for use | 19 | | only by the courts, police officers, prosecuting authorities, | 20 | | the driver licensing administrator of any other state, the | 21 | | Secretary of State, or the parent or legal guardian of a driver | 22 | | under the age of 18. However, beginning January 1, 2008, if the | 23 | | person is a CDL holder, the suspension shall also be made | 24 | | available to the driver licensing administrator of any other | 25 | | state, the U.S. Department of Transportation, and the affected | 26 | | driver or motor
carrier or prospective motor carrier upon |
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| 1 | | request.
| 2 | | (c-4) In the case of a suspension under paragraph 43 of | 3 | | subsection (a), the Secretary of State shall notify the person | 4 | | by mail that his or her driving privileges and driver's license | 5 | | will be suspended one month after the date of the mailing of | 6 | | the notice.
| 7 | | (c-5) The Secretary of State may, as a condition of the | 8 | | reissuance of a
driver's license or permit to an applicant | 9 | | whose driver's license or permit has
been suspended before he | 10 | | or she reached the age of 21 years pursuant to any of
the | 11 | | provisions of this Section, require the applicant to | 12 | | participate in a
driver remedial education course and be | 13 | | retested under Section 6-109 of this
Code.
| 14 | | (d) This Section is subject to the provisions of the | 15 | | Drivers License
Compact.
| 16 | | (e) The Secretary of State shall not issue a restricted | 17 | | driving permit to
a person under the age of 16 years whose | 18 | | driving privileges have been suspended
or revoked under any | 19 | | provisions of this Code.
| 20 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 21 | | State may not issue a restricted driving permit for the | 22 | | operation of a commercial motor vehicle to a person holding a | 23 | | CDL whose driving privileges have been suspended, revoked, | 24 | | cancelled, or disqualified under any provisions of this Code. | 25 | | (Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; | 26 | | 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; |
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| 1 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. | 2 | | 1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff. | 3 | | 7-16-14 .) | 4 | | (625 ILCS 5/11-501.01)
| 5 | | Sec. 11-501.01. Additional administrative sanctions. | 6 | | (a) After a finding of guilt and prior to any final | 7 | | sentencing or an order for supervision, for an offense based | 8 | | upon an arrest for a violation of Section 11-501 or a similar | 9 | | provision of a local ordinance, individuals shall be required | 10 | | to undergo a professional evaluation to determine if an | 11 | | alcohol, drug, or intoxicating compound abuse problem exists | 12 | | and the extent of the problem, and undergo the imposition of | 13 | | treatment as appropriate. Programs conducting these | 14 | | evaluations shall be licensed by the Department of Human | 15 | | Services. The cost of any professional evaluation shall be paid | 16 | | for by the individual required to undergo the professional | 17 | | evaluation. | 18 | | (b) Any person who is found guilty of or pleads guilty to | 19 | | violating Section 11-501, including any person receiving a | 20 | | disposition of court supervision for violating that Section, | 21 | | may be required by the Court to attend a victim impact panel | 22 | | offered by, or under contract with, a county State's Attorney's | 23 | | office, a probation and court services department, Mothers | 24 | | Against Drunk Driving, or the Alliance Against Intoxicated | 25 | | Motorists. All costs generated by the victim impact panel shall |
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| 1 | | be paid from fees collected from the offender or as may be | 2 | | determined by the court. | 3 | | (c) Every person found guilty of violating Section 11-501, | 4 | | whose operation of a motor vehicle while in violation of that | 5 | | Section proximately caused any incident resulting in an | 6 | | appropriate emergency response, shall be liable for the expense | 7 | | of an emergency response as provided in subsection (i) of this | 8 | | Section. | 9 | | (d) The Secretary of State shall revoke the driving | 10 | | privileges of any person convicted under Section 11-501 or a | 11 | | similar provision of a local ordinance. | 12 | | (e) The Secretary of State shall require the use of | 13 | | ignition interlock devices on all vehicles owned by a person | 14 | | who has been convicted of : (i) a second or subsequent offense | 15 | | of Section 11-501 or a similar provision of a local ordinance ; | 16 | | or (ii) a first violation under subparagraph (C) or (F) of | 17 | | paragraph (1) of subsection (d) of Section 11-501 of this Code | 18 | | or a similar provision of a local ordinance or similar | 19 | | out-of-state offense . The person must pay to the Secretary of | 20 | | State DUI Administration Fund an amount not to exceed $30 for | 21 | | each month that he or she uses the device. The Secretary shall | 22 | | establish by rule and regulation the procedures for | 23 | | certification and use of the interlock system, the amount of | 24 | | the fee, and the procedures, terms, and conditions relating to | 25 | | these fees. | 26 | | (f) In addition to any other penalties and liabilities, a |
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| 1 | | person who is found guilty of or pleads guilty to violating | 2 | | Section 11-501, including any person placed on court | 3 | | supervision for violating Section 11-501, shall be assessed | 4 | | $750, payable to the circuit clerk, who shall distribute the | 5 | | money as follows: $350 to the law enforcement agency that made | 6 | | the arrest, and $400 shall be forwarded to the State Treasurer | 7 | | for deposit into the General Revenue Fund. If the person has | 8 | | been previously convicted of violating Section 11-501 or a | 9 | | similar provision of a local ordinance, the fine shall be | 10 | | $1,000, and the circuit clerk shall distribute
$200 to the law | 11 | | enforcement agency that
made the arrest and $800 to the State
| 12 | | Treasurer for deposit into the General Revenue Fund. In the | 13 | | event that more than one agency is responsible for the arrest, | 14 | | the amount payable to law enforcement agencies shall be shared | 15 | | equally. Any moneys received by a law enforcement agency under | 16 | | this subsection (f) shall be used for enforcement and | 17 | | prevention of driving while under the influence of alcohol, | 18 | | other drug or drugs, intoxicating compound or compounds or any | 19 | | combination thereof, as defined by Section 11-501 of this Code, | 20 | | including but not limited to the purchase of law enforcement | 21 | | equipment and commodities that will assist in the prevention of | 22 | | alcohol related criminal violence throughout the State; police | 23 | | officer training and education in areas related to alcohol | 24 | | related crime, including but not limited to DUI training; and | 25 | | police officer salaries, including but not limited to salaries | 26 | | for hire back funding for safety checkpoints, saturation |
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| 1 | | patrols, and liquor store sting operations. Any moneys received | 2 | | by the Department of State Police under this subsection (f) | 3 | | shall be deposited into the State Police DUI Fund and shall be | 4 | | used to purchase law enforcement equipment that will assist in | 5 | | the prevention of alcohol related criminal violence throughout | 6 | | the State. | 7 | | (g) The Secretary of State Police DUI Fund is created as a | 8 | | special fund in the State treasury. All moneys received by the | 9 | | Secretary of State Police under subsection (f) of this Section | 10 | | shall be deposited into the Secretary of State Police DUI Fund | 11 | | and, subject to appropriation, shall be used for enforcement | 12 | | and prevention of driving while under the influence of alcohol, | 13 | | other drug or drugs, intoxicating compound or compounds or any | 14 | | combination thereof, as defined by Section 11-501 of this Code, | 15 | | including but not limited to the purchase of law enforcement | 16 | | equipment and commodities to assist in the prevention of | 17 | | alcohol related criminal violence throughout the State; police | 18 | | officer training and education in areas related to alcohol | 19 | | related crime, including but not limited to DUI training; and | 20 | | police officer salaries, including but not limited to salaries | 21 | | for hire back funding for safety checkpoints, saturation | 22 | | patrols, and liquor store sting operations. | 23 | | (h) Whenever an individual is sentenced for an offense | 24 | | based upon an arrest for a violation of Section 11-501 or a | 25 | | similar provision of a local ordinance, and the professional | 26 | | evaluation recommends remedial or rehabilitative treatment or |
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| 1 | | education, neither the treatment nor the education shall be the | 2 | | sole disposition and either or both may be imposed only in | 3 | | conjunction with another disposition. The court shall monitor | 4 | | compliance with any remedial education or treatment | 5 | | recommendations contained in the professional evaluation. | 6 | | Programs conducting alcohol or other drug evaluation or | 7 | | remedial education must be licensed by the Department of Human | 8 | | Services. If the individual is not a resident of Illinois, | 9 | | however, the court may accept an alcohol or other drug | 10 | | evaluation or remedial education program in the individual's | 11 | | state of residence. Programs providing treatment must be | 12 | | licensed under existing applicable alcoholism and drug | 13 | | treatment licensure standards. | 14 | | (i) In addition to any other fine or penalty required by | 15 | | law, an individual convicted of a violation of Section 11-501, | 16 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 17 | | Section 5-16 of the Boat Registration and Safety Act, or a | 18 | | similar provision, whose operation of a motor vehicle, | 19 | | snowmobile, or watercraft while in violation of Section 11-501, | 20 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 21 | | Section 5-16 of the Boat Registration and Safety Act, or a | 22 | | similar provision proximately caused an incident resulting in | 23 | | an appropriate emergency response, shall be required to make | 24 | | restitution to a public agency for the costs of that emergency | 25 | | response. The restitution may not exceed $1,000 per public | 26 | | agency for each emergency response. As used in this subsection |
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| 1 | | (i), "emergency response" means any incident requiring a | 2 | | response by a police officer, a firefighter carried on the | 3 | | rolls of a regularly constituted fire department, or an | 4 | | ambulance. With respect to funds designated for the Department | 5 | | of State Police, the moneys shall be remitted by the circuit | 6 | | court clerk to the State Police within one month after receipt | 7 | | for deposit into the State Police DUI Fund. With respect to | 8 | | funds designated for the Department of Natural Resources, the | 9 | | Department of Natural Resources shall deposit the moneys into | 10 | | the Conservation Police Operations Assistance Fund.
| 11 | | (j) A person that is subject to a chemical test or tests of | 12 | | blood under subsection (a) of Section 11-501.1 or subdivision | 13 | | (c)(2) of Section 11-501.2 of this Code, whether or not that | 14 | | person consents to testing, shall be liable for the expense up | 15 | | to $500 for blood withdrawal by a physician authorized to | 16 | | practice medicine, a licensed physician assistant, a licensed | 17 | | advanced practice nurse, a registered nurse, a trained | 18 | | phlebotomist, a licensed paramedic, or a qualified person other | 19 | | than a police officer approved by the Department of State | 20 | | Police to withdraw blood, who responds, whether at a law | 21 | | enforcement facility or a health care facility, to a police | 22 | | department request for the drawing of blood based upon refusal | 23 | | of the person to submit to a lawfully requested breath test or | 24 | | probable cause exists to believe the test would disclose the | 25 | | ingestion, consumption, or use of drugs or intoxicating | 26 | | compounds if: |
| | | 09900SB0622sam001 | - 38 - | LRB099 03344 RJF 33598 a |
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| 1 | | (1) the person is found guilty of violating Section | 2 | | 11-501 of this Code or a similar provision of a local | 3 | | ordinance; or | 4 | | (2) the person pleads guilty to or stipulates to facts | 5 | | supporting a violation of Section 11-503 of this Code or a | 6 | | similar provision of a local ordinance when the plea or | 7 | | stipulation was the result of a plea agreement in which the | 8 | | person was originally charged with violating Section | 9 | | 11-501 of this Code or a similar local ordinance. | 10 | | (Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13; | 11 | | 98-292, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, eff. | 12 | | 8-15-14.)".
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