Full Text of HB2829 100th General Assembly
HB2829ham001 100TH GENERAL ASSEMBLY | Rep. Charles Meier Filed: 3/10/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2829
| 2 | | AMENDMENT NO. ______. Amend House Bill 2829 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 3-707 and 6-205 as follows:
| 6 | | (625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
| 7 | | Sec. 3-707. Operation of uninsured motor vehicle - penalty.
| 8 | | (a) No person
shall operate a motor vehicle unless the | 9 | | motor vehicle is covered by a
liability insurance policy in | 10 | | accordance with Section 7-601 of this Code.
| 11 | | (a-5) A person commits the offense of operation of | 12 | | uninsured motor vehicle causing great bodily harm , permanent | 13 | | disability, or death when the person: | 14 | | (1) operates a motor vehicle in violation of Section | 15 | | 7-601 of this Code; and | 16 | | (2) causes, as a proximate result of the person's |
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| 1 | | operation of the motor vehicle, great bodily harm , | 2 | | permanent disability, or death to another person. | 3 | | (a-6) Uninsured operation of a motor vehicle under | 4 | | subsection (a-5) is a Class 4 felony with a minimum fine of | 5 | | $10,000 A misdemeanor . If a person is convicted of the offense | 6 | | of operation of a motor vehicle for a second or subsequent | 7 | | violation under subsection (a-5) has previously been convicted | 8 | | of 2 or more violations of subsection (a-5) of this Section , he | 9 | | or she is guilty of a Class 3 felony, and shall be fined a | 10 | | minimum of $20,000. If a person convicted of the offense of | 11 | | operation of a motor vehicle under subsection (a-5) has | 12 | | previously been convicted of one or more violations or of | 13 | | Section 7-601 of this Code, a fine of $3,000 $2,500 , in | 14 | | addition to any sentence of incarceration, must be imposed. | 15 | | (b) Any person who fails to comply with a request by a law | 16 | | enforcement
officer for display of evidence of insurance, as | 17 | | required under Section
7-602 of this Code, shall be deemed to | 18 | | be operating an uninsured motor vehicle.
| 19 | | (c) Except as provided in subsections (a-6) and (c-5), any | 20 | | operator of a motor vehicle subject to registration under this
| 21 | | Code
who is convicted of violating this Section is guilty of a | 22 | | petty
offense and shall be required to pay a fine in excess of | 23 | | $500, but
not more than $1,000, except a person convicted of a | 24 | | second third or subsequent violation of this Section shall be | 25 | | guilty of a business offense and shall be required to pay a | 26 | | fine of $1,000. However, no person charged with violating this
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| 1 | | Section shall be convicted if such person produces in court | 2 | | satisfactory
evidence that at the time of the arrest the motor | 3 | | vehicle was covered by a
liability insurance policy in | 4 | | accordance with Section 7-601 of this Code.
The chief judge of | 5 | | each circuit may designate an officer of the court to
review | 6 | | the documentation demonstrating that at the time of arrest the | 7 | | motor
vehicle was covered by a liability insurance policy in | 8 | | accordance with Section
7-601 of this Code. | 9 | | (c-1) Except for subsection (a-5), a A person convicted of | 10 | | violating this Section shall also have his or her driver's | 11 | | license, permit, or privileges suspended for 3 months. After | 12 | | the expiration of the 3 months, the person's driver's license, | 13 | | permit, or privileges shall not be reinstated until he or she | 14 | | has paid a reinstatement fee of $100. A person convicted of | 15 | | violating subsection (a-5) shall have his or her driver's | 16 | | license, permit, or privileges revoked under paragraph 19 of | 17 | | subsection (a) of Section 6-205 of this Code. If a person | 18 | | violates this Section while his or her driver's license, | 19 | | permit, or privileges are suspended under this subsection | 20 | | (c-1), his or her driver's license, permit, or privileges shall | 21 | | be suspended for an additional 6 months and until he or she | 22 | | pays the reinstatement fee.
| 23 | | (c-5) A person who (i) has not previously been convicted of | 24 | | or received a disposition of court supervision for violating | 25 | | this Section and (ii) produces at his or her court appearance | 26 | | satisfactory evidence that the motor vehicle is covered, as of |
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| 1 | | the date of the court appearance, by a liability insurance | 2 | | policy in accordance with Section 7-601 of this Code shall, for | 3 | | a violation of this Section, other than a violation of | 4 | | subsection (a-5), pay a fine of $100 and receive a disposition | 5 | | of court supervision. The person must, on the date that the | 6 | | period of court supervision is scheduled to terminate, produce | 7 | | satisfactory evidence that the vehicle was covered by the | 8 | | required liability insurance policy during the entire period of | 9 | | court supervision. | 10 | | An officer of the court designated under subsection (c) may | 11 | | also review liability insurance documentation under this | 12 | | subsection (c-5) to determine if the motor vehicle is, as of | 13 | | the date of the court appearance, covered by a liability | 14 | | insurance policy in accordance with Section 7-601 of this Code. | 15 | | The officer of the court shall also determine, on the date the | 16 | | period of court supervision is scheduled to terminate, whether | 17 | | the vehicle was covered by the required policy during the | 18 | | entire period of court supervision.
| 19 | | (d) A person convicted a third or subsequent time of | 20 | | violating this
Section or a similar provision of a local | 21 | | ordinance must give proof to the
Secretary of State of the | 22 | | person's financial responsibility as defined in
Section 7-315. | 23 | | The person must maintain the proof in a manner satisfactory to
| 24 | | the Secretary for a minimum period of 3 years after the date | 25 | | the proof is
first filed. The Secretary must suspend the | 26 | | driver's license of any person
determined by the Secretary not |
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| 1 | | to have provided adequate proof of financial
responsibility as | 2 | | required by this subsection.
| 3 | | (Source: P.A. 99-613, eff. 1-1-17 .)
| 4 | | (625 ILCS 5/6-205)
| 5 | | Sec. 6-205. Mandatory revocation of license or permit; | 6 | | Hardship cases.
| 7 | | (a) Except as provided in this Section, the Secretary of | 8 | | State shall
immediately revoke the license, permit, or driving | 9 | | privileges of
any driver upon receiving a
report of the | 10 | | driver's conviction of any of the following offenses:
| 11 | | 1. Reckless homicide resulting from the operation of a | 12 | | motor vehicle;
| 13 | | 2. Violation of Section 11-501 of this Code or a | 14 | | similar provision of
a local ordinance relating to the | 15 | | offense of operating or being in physical
control of a | 16 | | vehicle while under the influence of alcohol, other drug or
| 17 | | drugs, intoxicating compound or compounds, or any | 18 | | combination thereof;
| 19 | | 3. Any felony under the laws of any State or the | 20 | | federal government
in the commission of which a motor | 21 | | vehicle was used;
| 22 | | 4. Violation of Section 11-401 of this Code relating to | 23 | | the offense of
leaving the scene of a traffic accident | 24 | | involving death or personal injury;
| 25 | | 5. Perjury or the making of a false affidavit or |
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| 1 | | statement under
oath to the Secretary of State under this | 2 | | Code or under any
other law relating to the ownership or | 3 | | operation of motor vehicles;
| 4 | | 6. Conviction upon 3 charges of violation of Section | 5 | | 11-503 of this
Code relating to the offense of reckless | 6 | | driving committed within a
period of 12 months;
| 7 | | 7. Conviction of any offense
defined in
Section 4-102 | 8 | | of this Code;
| 9 | | 8. Violation of Section 11-504 of this Code relating to | 10 | | the offense
of drag racing;
| 11 | | 9. Violation of Chapters 8 and 9 of this Code;
| 12 | | 10. Violation of Section 12-5 of the Criminal Code of | 13 | | 1961 or the Criminal Code of 2012 arising from
the use of a | 14 | | motor vehicle;
| 15 | | 11. Violation of Section 11-204.1 of this Code relating | 16 | | to aggravated
fleeing or attempting to elude a peace | 17 | | officer;
| 18 | | 12. Violation of paragraph (1) of subsection (b) of | 19 | | Section 6-507,
or a similar law of any other state, | 20 | | relating to the
unlawful operation of a commercial motor | 21 | | vehicle;
| 22 | | 13. Violation of paragraph (a) of Section 11-502 of | 23 | | this Code or a
similar provision of a local ordinance if | 24 | | the driver has been previously
convicted of a violation of | 25 | | that Section or a similar provision of a local
ordinance | 26 | | and the driver was less than 21 years of age at the time of |
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| 1 | | the
offense;
| 2 | | 14. Violation of paragraph (a) of Section 11-506 of | 3 | | this Code or a similar provision of a local ordinance | 4 | | relating to the offense of street racing;
| 5 | | 15. A second or subsequent conviction of driving while | 6 | | the person's driver's license, permit or privileges was | 7 | | revoked for reckless homicide or a similar out-of-state | 8 | | offense; | 9 | | 16. Any offense against any provision in this Code, or | 10 | | any local ordinance, regulating the
movement of traffic | 11 | | when that offense was the proximate cause of the death of | 12 | | any person. Any person whose driving privileges have been | 13 | | revoked pursuant to this paragraph may seek to have the | 14 | | revocation terminated or to have the length of revocation | 15 | | reduced by requesting an administrative hearing with the | 16 | | Secretary of State prior to the projected driver's license | 17 | | application eligibility date; | 18 | | 17. Violation of subsection (a-2) of Section 11-1301.3 | 19 | | of this Code or a similar provision of a local ordinance; | 20 | | 18. A second or subsequent conviction of illegal | 21 | | possession, while operating or in actual physical control, | 22 | | as a driver, of a motor vehicle, of any controlled | 23 | | substance prohibited under the Illinois Controlled | 24 | | Substances Act, any cannabis prohibited under the Cannabis | 25 | | Control Act, or any methamphetamine prohibited under the | 26 | | Methamphetamine Control and Community Protection Act. A |
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| 1 | | defendant found guilty of this offense while operating a | 2 | | motor vehicle
shall have an entry made in the court record | 3 | | by the presiding judge that
this offense did occur while | 4 | | the defendant was operating a motor vehicle
and order the | 5 | | clerk of the court to report the violation to the Secretary
| 6 | | of State ; . | 7 | | 19. Conviction of an offense under subsection (a-5) of | 8 | | Section 3-707 of this Code relating to the operation of an | 9 | | uninsured motor vehicle causing great bodily harm, | 10 | | permanent disability, or death to another person. A second | 11 | | or subsequent conviction of an offense under subsection | 12 | | (a-5) of Section 3-707 of this Code shall result in a | 13 | | lifetime revocation of driving privileges. | 14 | | (b) The Secretary of State shall also immediately revoke | 15 | | the license
or permit of any driver in the following | 16 | | situations:
| 17 | | 1. Of any minor upon receiving the notice provided for | 18 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 19 | | minor has been
adjudicated under that Act as having | 20 | | committed an offense relating to
motor vehicles prescribed | 21 | | in Section 4-103 of this Code;
| 22 | | 2. Of any person when any other law of this State | 23 | | requires either the
revocation or suspension of a license | 24 | | or permit;
| 25 | | 3. Of any person adjudicated under the Juvenile Court | 26 | | Act of 1987 based on an offense determined to have been |
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| 1 | | committed in furtherance of the criminal activities of an | 2 | | organized gang as provided in Section 5-710 of that Act, | 3 | | and that involved the operation or use of a motor vehicle | 4 | | or the use of a driver's license or permit. The revocation | 5 | | shall remain in effect for the period determined by the | 6 | | court. | 7 | | (c)(1) Whenever a person is convicted of any of the | 8 | | offenses enumerated in
this Section, the court may recommend | 9 | | and the Secretary of State in his
discretion, without regard to | 10 | | whether the recommendation is made by the
court may, upon | 11 | | application,
issue to the person a
restricted driving permit | 12 | | granting the privilege of driving a motor
vehicle between the | 13 | | petitioner's residence and petitioner's place
of employment or | 14 | | within the scope of the petitioner's employment related
duties, | 15 | | or to allow the petitioner to transport himself or herself or a | 16 | | family member
of the petitioner's household to a medical | 17 | | facility for the receipt of necessary medical care or to allow | 18 | | the
petitioner to transport himself or herself to and from | 19 | | alcohol or drug remedial or rehabilitative activity | 20 | | recommended by a licensed service provider, or to allow the
| 21 | | petitioner to transport himself or herself or a family member | 22 | | of the petitioner's household to classes, as a student, at an | 23 | | accredited educational
institution, or to allow the petitioner | 24 | | to transport children, elderly persons, or persons with | 25 | | disabilities who do not hold driving privileges and are living | 26 | | in the petitioner's household to and from daycare; if the |
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| 1 | | petitioner is able to demonstrate that no alternative means
of | 2 | | transportation is reasonably available and that the petitioner | 3 | | will not endanger
the public safety or welfare; provided that | 4 | | the Secretary's discretion shall be
limited to cases where | 5 | | undue hardship, as defined by the rules of the Secretary of | 6 | | State, would result from a failure to issue the
restricted | 7 | | driving permit.
| 8 | | (1.5) A person subject to the provisions of paragraph 4 | 9 | | of subsection (b) of Section 6-208 of this Code may make | 10 | | application for a restricted driving permit at a hearing | 11 | | conducted under Section 2-118 of this Code after the | 12 | | expiration of 5 years from the effective date of the most | 13 | | recent revocation, or after 5 years from the date of | 14 | | release from a period of imprisonment resulting from a | 15 | | conviction of the most recent offense, whichever is later, | 16 | | provided the person, in addition to all other requirements | 17 | | of the Secretary, shows by clear and convincing evidence: | 18 | | (A) a minimum of 3 years of uninterrupted | 19 | | abstinence from alcohol and the unlawful use or | 20 | | consumption of cannabis under the Cannabis Control | 21 | | Act, a controlled substance under the Illinois | 22 | | Controlled Substances Act, an intoxicating compound | 23 | | under the Use of Intoxicating Compounds Act, or | 24 | | methamphetamine under the Methamphetamine Control and | 25 | | Community Protection Act; and | 26 | | (B) the successful completion of any |
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| 1 | | rehabilitative treatment and involvement in any | 2 | | ongoing rehabilitative activity that may be | 3 | | recommended by a properly licensed service provider | 4 | | according to an assessment of the person's alcohol or | 5 | | drug use under Section 11-501.01 of this Code. | 6 | | In determining whether an applicant is eligible for a | 7 | | restricted driving permit under this paragraph (1.5), the | 8 | | Secretary may consider any relevant evidence, including, | 9 | | but not limited to, testimony, affidavits, records, and the | 10 | | results of regular alcohol or drug tests. Persons subject | 11 | | to the provisions of paragraph 4 of subsection (b) of | 12 | | Section 6-208 of this Code and who have been convicted of | 13 | | more than one violation of paragraph (3), paragraph (4), or | 14 | | paragraph (5) of subsection (a) of Section 11-501 of this | 15 | | Code shall not be eligible to apply for a restricted | 16 | | driving permit. | 17 | | A restricted driving permit issued under this | 18 | | paragraph (1.5) shall provide that the holder may only | 19 | | operate motor vehicles equipped with an ignition interlock | 20 | | device as required under paragraph (2) of subsection (c) of | 21 | | this Section and subparagraph (A) of paragraph 3 of | 22 | | subsection (c) of Section 6-206 of this Code. The Secretary | 23 | | may revoke a restricted driving permit or amend the | 24 | | conditions of a restricted driving permit issued under this | 25 | | paragraph (1.5) if the holder operates a vehicle that is | 26 | | not equipped with an ignition interlock device, or for any |
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| 1 | | other reason authorized under this Code. | 2 | | A restricted driving permit issued under this | 3 | | paragraph (1.5) shall be revoked, and the holder barred | 4 | | from applying for or being issued a restricted driving | 5 | | permit in the future, if the holder is subsequently | 6 | | convicted of a violation of Section 11-501 of this Code, a | 7 | | similar provision of a local ordinance, or a similar | 8 | | offense in another state. | 9 | | (2) If a person's license or permit is revoked or | 10 | | suspended due to 2 or
more convictions of violating Section | 11 | | 11-501 of this Code or a similar
provision of a local | 12 | | ordinance or a similar out-of-state offense, or Section 9-3 | 13 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 14 | | where the use of alcohol or other drugs is recited as an | 15 | | element of the offense, or a similar out-of-state offense, | 16 | | or a combination of these offenses, arising out
of separate | 17 | | occurrences, that person, if issued a restricted driving | 18 | | permit,
may not operate a vehicle unless it has been | 19 | | equipped with an ignition
interlock device as defined in | 20 | | Section 1-129.1.
| 21 | | (3) If:
| 22 | | (A) a person's license or permit is revoked or | 23 | | suspended 2 or more
times due to any combination of: | 24 | | (i)
a single conviction of violating Section
| 25 | | 11-501 of this Code or a similar provision of a | 26 | | local ordinance or a similar
out-of-state offense, |
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| 1 | | or Section 9-3 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012, where the use of alcohol or | 3 | | other drugs is recited as an element of the | 4 | | offense, or a similar out-of-state offense; or | 5 | | (ii)
a statutory summary suspension or | 6 | | revocation under Section
11-501.1; or | 7 | | (iii)
a suspension pursuant to Section | 8 | | 6-203.1;
| 9 | | arising out of
separate occurrences; or | 10 | | (B)
a person has been convicted of one violation of | 11 | | subparagraph (C) or (F) of paragraph (1) of subsection | 12 | | (d) of Section 11-501 of this Code, Section 9-3 of the | 13 | | Criminal Code of 1961 or the Criminal Code of 2012, | 14 | | relating to the offense of reckless homicide where the | 15 | | use of alcohol or other drugs was recited as an element | 16 | | of the offense, or a similar provision of a law of | 17 | | another state;
| 18 | | that person, if issued a restricted
driving permit, may not | 19 | | operate a vehicle unless it has been equipped with an
| 20 | | ignition interlock device as defined in Section 1-129.1. | 21 | | (4)
The person issued a permit conditioned on the use | 22 | | of an ignition interlock device must pay to the Secretary | 23 | | of State DUI Administration Fund an amount
not to exceed | 24 | | $30 per month. The Secretary shall establish by rule the | 25 | | amount
and the procedures, terms, and conditions relating | 26 | | to these fees. |
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| 1 | | (5)
If the restricted driving permit is issued for | 2 | | employment purposes, then
the prohibition against | 3 | | operating a motor vehicle that is not equipped with an | 4 | | ignition interlock device does not apply to the operation | 5 | | of an occupational vehicle
owned or leased by that person's | 6 | | employer when used solely for employment purposes. For any | 7 | | person who, within a 5-year period, is convicted of a | 8 | | second or subsequent offense under Section 11-501 of this | 9 | | Code, or a similar provision of a local ordinance or | 10 | | similar out-of-state offense, this employment exemption | 11 | | does not apply until either a one-year period has elapsed | 12 | | during which that person had his or her driving privileges | 13 | | revoked or a one-year period has elapsed during which that | 14 | | person had a restricted driving permit which required the | 15 | | use of an ignition interlock device on every motor vehicle | 16 | | owned or operated by that person. | 17 | | (6)
In each case the Secretary of State may issue a
| 18 | | restricted driving permit for a period he deems | 19 | | appropriate, except that the
permit shall expire within one | 20 | | year from the date of issuance. A restricted
driving permit | 21 | | issued under this Section shall be
subject to cancellation, | 22 | | revocation, and suspension by the Secretary of
State in | 23 | | like manner and for like cause as a driver's license issued
| 24 | | under this Code may be cancelled, revoked, or
suspended; | 25 | | except that a conviction upon one or more offenses against | 26 | | laws or
ordinances regulating the movement of traffic shall |
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| 1 | | be deemed sufficient cause
for the revocation, suspension, | 2 | | or cancellation of a restricted driving permit.
The | 3 | | Secretary of State may, as a condition to the issuance of a | 4 | | restricted
driving permit, require the petitioner to | 5 | | participate in a designated driver
remedial or | 6 | | rehabilitative program. The Secretary of State is | 7 | | authorized to
cancel a restricted driving permit if the | 8 | | permit holder does not successfully
complete the program. | 9 | | However, if an individual's driving privileges have been
| 10 | | revoked in accordance with paragraph 13 of subsection (a) | 11 | | of this Section, no
restricted driving permit shall be | 12 | | issued until the individual has served 6
months of the | 13 | | revocation period.
| 14 | | (c-5) (Blank).
| 15 | | (c-6) If a person is convicted of a second violation of | 16 | | operating a motor vehicle while the person's driver's license, | 17 | | permit or privilege was revoked, where the revocation was for a | 18 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 19 | | Criminal Code of 2012 relating to the offense of reckless | 20 | | homicide or a similar out-of-state offense, the person's | 21 | | driving privileges shall be revoked pursuant to subdivision | 22 | | (a)(15) of this Section. The person may not make application | 23 | | for a license or permit until the expiration of five years from | 24 | | the effective date of the revocation or the expiration of five | 25 | | years from the date of release from a term of imprisonment, | 26 | | whichever is later. |
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| 1 | | (c-7) If a person is convicted of a third or subsequent | 2 | | violation of operating a motor vehicle while the person's | 3 | | driver's license, permit or privilege was revoked, where the | 4 | | revocation was for a violation of Section 9-3 of the Criminal | 5 | | Code of 1961 or the Criminal Code of 2012 relating to the | 6 | | offense of reckless homicide or a similar out-of-state offense, | 7 | | the person may never apply for a license or permit. | 8 | | (d)(1) Whenever a person under the age of 21 is convicted | 9 | | under Section
11-501 of this Code or a similar provision of a | 10 | | local ordinance or a similar out-of-state offense, the
| 11 | | Secretary of State shall revoke the driving privileges of that | 12 | | person. One
year after the date of revocation, and upon | 13 | | application, the Secretary of
State may, if satisfied that the | 14 | | person applying will not endanger the
public safety or welfare, | 15 | | issue a restricted driving permit granting the
privilege of | 16 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 17 | | p.m. or as otherwise provided by this Section for a period of | 18 | | one year.
After this one-year period, and upon reapplication | 19 | | for a license as
provided in Section 6-106, upon payment of the | 20 | | appropriate reinstatement
fee provided under paragraph (b) of | 21 | | Section 6-118, the Secretary of State,
in his discretion, may
| 22 | | reinstate the petitioner's driver's license and driving | 23 | | privileges, or extend the restricted driving permit as many | 24 | | times as the
Secretary of State deems appropriate, by | 25 | | additional periods of not more than
12 months each.
| 26 | | (2) If a person's license or permit is revoked or |
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| 1 | | suspended due to 2 or
more convictions of violating Section | 2 | | 11-501 of this Code or a similar
provision of a local | 3 | | ordinance or a similar out-of-state offense, or Section 9-3 | 4 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 5 | | where the use of alcohol or other drugs is recited as an | 6 | | element of the offense, or a similar out-of-state offense, | 7 | | or a combination of these offenses, arising out
of separate | 8 | | occurrences, that person, if issued a restricted driving | 9 | | permit,
may not operate a vehicle unless it has been | 10 | | equipped with an ignition
interlock device as defined in | 11 | | Section 1-129.1.
| 12 | | (3) If a person's license or permit is revoked or | 13 | | suspended 2 or more times
due to any combination of: | 14 | | (A) a single conviction of violating Section | 15 | | 11-501
of this
Code or a similar provision of a local | 16 | | ordinance or a similar out-of-state
offense, or | 17 | | Section 9-3 of the Criminal Code of 1961 or the | 18 | | Criminal Code of 2012, where the use of alcohol or | 19 | | other drugs is recited as an element of the offense, or | 20 | | a similar out-of-state offense; or | 21 | | (B)
a statutory summary suspension or revocation | 22 | | under Section 11-501.1; or | 23 | | (C) a suspension pursuant to Section 6-203.1; | 24 | | arising out of separate occurrences, that person, if issued | 25 | | a
restricted
driving permit, may not operate a vehicle | 26 | | unless it has been equipped with an
ignition interlock |
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| 1 | | device as defined in Section 1-129.1. | 2 | | (3.5) If a person's license or permit is revoked or | 3 | | suspended due to a conviction for a violation of | 4 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 5 | | of Section 11-501 of this Code, or a similar provision of a | 6 | | local ordinance or similar out-of-state offense, that | 7 | | person, if issued a restricted driving permit, may not | 8 | | operate a vehicle unless it has been equipped with an | 9 | | ignition interlock device as defined in Section 1-129.1. | 10 | | (4)
The person issued a permit conditioned upon the use | 11 | | of an interlock device must pay to the Secretary of State | 12 | | DUI Administration Fund an amount
not to exceed $30 per | 13 | | month. The Secretary shall establish by rule the amount
and | 14 | | the procedures, terms, and conditions relating to these | 15 | | fees. | 16 | | (5)
If the restricted driving permit is issued for | 17 | | employment purposes, then
the prohibition against driving | 18 | | a vehicle that is not equipped with an ignition interlock | 19 | | device does not apply to the operation of an occupational | 20 | | vehicle
owned or leased by that person's employer when used | 21 | | solely for employment purposes. For any person who, within | 22 | | a 5-year period, is convicted of a second or subsequent | 23 | | offense under Section 11-501 of this Code, or a similar | 24 | | provision of a local ordinance or similar out-of-state | 25 | | offense, this employment exemption does not apply until | 26 | | either a one-year period has elapsed during which that |
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| 1 | | person had his or her driving privileges revoked or a | 2 | | one-year period has elapsed during which that person had a | 3 | | restricted driving permit which required the use of an | 4 | | ignition interlock device on every motor vehicle owned or | 5 | | operated by that person. | 6 | | (6) A
restricted driving permit issued under this | 7 | | Section shall be subject to
cancellation, revocation, and | 8 | | suspension by the Secretary of State in like
manner and for | 9 | | like cause as a driver's license issued under this Code may | 10 | | be
cancelled, revoked, or suspended; except that a | 11 | | conviction upon one or more
offenses against laws or | 12 | | ordinances regulating the movement of traffic
shall be | 13 | | deemed sufficient cause for the revocation, suspension, or
| 14 | | cancellation of a restricted driving permit.
| 15 | | (d-5) The revocation of the license, permit, or driving | 16 | | privileges of a person convicted of a third or subsequent | 17 | | violation of Section 6-303 of this Code committed while his or | 18 | | her driver's license, permit, or privilege was revoked because | 19 | | of a violation of Section 9-3 of the Criminal Code of 1961 or | 20 | | the Criminal Code of 2012, relating to the offense of reckless | 21 | | homicide, or a similar provision of a law of another state, is | 22 | | permanent. The Secretary may not, at any time, issue a license | 23 | | or permit to that person.
| 24 | | (e) This Section is subject to the provisions of the Driver | 25 | | License
Compact.
| 26 | | (f) Any revocation imposed upon any person under |
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| 1 | | subsections 2
and 3 of paragraph (b) that is in effect on | 2 | | December 31, 1988 shall be
converted to a suspension for a like | 3 | | period of time.
| 4 | | (g) The Secretary of State shall not issue a restricted | 5 | | driving permit to
a person under the age of 16 years whose | 6 | | driving privileges have been revoked
under any provisions of | 7 | | this Code.
| 8 | | (h) The Secretary of State shall require the use of | 9 | | ignition interlock
devices for a period not less than 5 years | 10 | | on all vehicles owned by a person who has been convicted of a
| 11 | | second or subsequent offense under Section 11-501 of this Code | 12 | | or a similar
provision of a local ordinance. The person must | 13 | | pay to the Secretary of State DUI Administration Fund an amount | 14 | | not to exceed $30 for each month that he or she uses the | 15 | | device. The Secretary shall establish by rule and
regulation | 16 | | the procedures for certification and use of the interlock
| 17 | | system, the amount of the fee, and the procedures, terms, and | 18 | | conditions relating to these fees. During the time period in | 19 | | which a person is required to install an ignition interlock | 20 | | device under this subsection (h), that person shall only | 21 | | operate vehicles in which ignition interlock devices have been | 22 | | installed, except as allowed by subdivision (c)(5) or (d)(5) of | 23 | | this Section.
| 24 | | (i) (Blank).
| 25 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 26 | | State may not issue a restricted driving permit for the |
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| 1 | | operation of a commercial motor vehicle to a person holding a | 2 | | CDL whose driving privileges have been revoked, suspended, | 3 | | cancelled, or disqualified under any provisions of this Code.
| 4 | | (k) The Secretary of State shall notify by mail any person | 5 | | whose driving privileges have been revoked under paragraph 16 | 6 | | of subsection (a) of this Section that his or her driving | 7 | | privileges and driver's license will be revoked 90 days from | 8 | | the date of the mailing of the notice. | 9 | | (Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15; | 10 | | 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16; | 11 | | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. | 12 | | 7-28-16.)".
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