Full Text of HB5100 102nd General Assembly
HB5100ham001 102ND GENERAL ASSEMBLY | Rep. Martin J. Moylan Filed: 3/14/2022
| | 10200HB5100ham001 | | LRB102 25111 LNS 37579 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5100
| 2 | | AMENDMENT NO. ______. Amend House Bill 5100 on page 1, | 3 | | line 5, after "Sections", by inserting "6-206,"; and
| 4 | | on page 1, immediately below line 6, by inserting the | 5 | | following:
| 6 | | "(625 ILCS 5/6-206)
| 7 | | Sec. 6-206. Discretionary authority to suspend or revoke | 8 | | license or
permit; right to a hearing.
| 9 | | (a) The Secretary of State is authorized to suspend or | 10 | | revoke the
driving privileges of any person without | 11 | | preliminary hearing upon a showing
of the person's records or | 12 | | other sufficient evidence that
the person:
| 13 | | 1. Has committed an offense for which mandatory | 14 | | revocation of
a driver's license or permit is required | 15 | | upon conviction;
| 16 | | 2. Has been convicted of not less than 3 offenses |
| | | 10200HB5100ham001 | - 2 - | LRB102 25111 LNS 37579 a |
|
| 1 | | against traffic
regulations governing the movement of | 2 | | vehicles committed within any 12-month period. No | 3 | | revocation or suspension shall be entered more than
6 | 4 | | months after the date of last conviction;
| 5 | | 3. Has been repeatedly involved as a driver in motor | 6 | | vehicle
collisions or has been repeatedly convicted of | 7 | | offenses against laws and
ordinances regulating the | 8 | | movement of traffic, to a degree that
indicates lack of | 9 | | ability to exercise ordinary and reasonable care in
the | 10 | | safe operation of a motor vehicle or disrespect for the | 11 | | traffic laws
and the safety of other persons upon the | 12 | | highway;
| 13 | | 4. Has by the unlawful operation of a motor vehicle | 14 | | caused or
contributed to an accident resulting in injury | 15 | | requiring
immediate professional treatment in a medical | 16 | | facility or doctor's office
to any person, except that any | 17 | | suspension or revocation imposed by the
Secretary of State | 18 | | under the provisions of this subsection shall start no
| 19 | | later than 6 months after being convicted of violating a | 20 | | law or
ordinance regulating the movement of traffic, which | 21 | | violation is related
to the accident, or shall start not | 22 | | more than one year
after
the date of the accident, | 23 | | whichever date occurs later;
| 24 | | 5. Has permitted an unlawful or fraudulent use of a | 25 | | driver's
license, identification card, or permit;
| 26 | | 6. Has been lawfully convicted of an offense or |
| | | 10200HB5100ham001 | - 3 - | LRB102 25111 LNS 37579 a |
|
| 1 | | offenses in another
state, including the authorization | 2 | | contained in Section 6-203.1, which
if committed within | 3 | | this State would be grounds for suspension or revocation;
| 4 | | 7. Has refused or failed to submit to an examination | 5 | | provided for by
Section 6-207 or has failed to pass the | 6 | | examination;
| 7 | | 8. Is ineligible for a driver's license or permit | 8 | | under the provisions
of Section 6-103;
| 9 | | 9. Has made a false statement or knowingly concealed a | 10 | | material fact
or has used false information or | 11 | | identification in any application for a
license, | 12 | | identification card, or permit;
| 13 | | 10. Has possessed, displayed, or attempted to | 14 | | fraudulently use any
license, identification card, or | 15 | | permit not issued to the person;
| 16 | | 11. Has operated a motor vehicle upon a highway of | 17 | | this State when
the person's driving privilege or | 18 | | privilege to obtain a driver's license
or permit was | 19 | | revoked or suspended unless the operation was authorized | 20 | | by
a monitoring device driving permit, judicial driving | 21 | | permit issued prior to January 1, 2009, probationary | 22 | | license to drive, or restricted
driving permit issued | 23 | | under this Code;
| 24 | | 12. Has submitted to any portion of the application | 25 | | process for
another person or has obtained the services of | 26 | | another person to submit to
any portion of the application |
| | | 10200HB5100ham001 | - 4 - | LRB102 25111 LNS 37579 a |
|
| 1 | | process for the purpose of obtaining a
license, | 2 | | identification card, or permit for some other person;
| 3 | | 13. Has operated a motor vehicle upon a highway of | 4 | | this State when
the person's driver's license or permit | 5 | | was invalid under the provisions of
Sections 6-107.1 and
| 6 | | 6-110;
| 7 | | 14. Has committed a violation of Section 6-301, | 8 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | 9 | | 14B of the Illinois Identification Card
Act;
| 10 | | 15. Has been convicted of violating Section 21-2 of | 11 | | the Criminal Code
of 1961 or the Criminal Code of 2012 | 12 | | relating to criminal trespass to vehicles if the person | 13 | | exercised actual physical control over the vehicle during | 14 | | the commission of the offense, in which case the | 15 | | suspension
shall be for one year;
| 16 | | 16. Has been convicted of violating Section 11-204 of | 17 | | this Code relating
to fleeing from a peace officer;
| 18 | | 17. Has refused to submit to a test, or tests, as | 19 | | required under Section
11-501.1 of this Code and the | 20 | | person has not sought a hearing as
provided for in Section | 21 | | 11-501.1;
| 22 | | 18. (Blank);
| 23 | | 19. Has committed a violation of paragraph (a) or (b) | 24 | | of Section 6-101
relating to driving without a driver's | 25 | | license;
| 26 | | 20. Has been convicted of violating Section 6-104 |
| | | 10200HB5100ham001 | - 5 - | LRB102 25111 LNS 37579 a |
|
| 1 | | relating to
classification of driver's license;
| 2 | | 21. Has been convicted of violating Section 11-402 of
| 3 | | this Code relating to leaving the scene of an accident | 4 | | resulting in damage
to a vehicle in excess of $1,000, in | 5 | | which case the suspension shall be
for one year;
| 6 | | 22. Has used a motor vehicle in violating paragraph | 7 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 8 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 9 | | relating
to unlawful use of weapons, in which case the | 10 | | suspension shall be for one
year;
| 11 | | 23. Has, as a driver, been convicted of committing a | 12 | | violation of
paragraph (a) of Section 11-502 of this Code | 13 | | for a second or subsequent
time within one year of a | 14 | | similar violation;
| 15 | | 24. Has been convicted by a court-martial or punished | 16 | | by non-judicial
punishment by military authorities of the | 17 | | United States at a military
installation in Illinois or in | 18 | | another state of or for a traffic-related offense that is | 19 | | the
same as or similar to an offense specified under | 20 | | Section 6-205 or 6-206 of
this Code;
| 21 | | 25. Has permitted any form of identification to be | 22 | | used by another in
the application process in order to | 23 | | obtain or attempt to obtain a license,
identification | 24 | | card, or permit;
| 25 | | 26. Has altered or attempted to alter a license or has | 26 | | possessed an
altered license, identification card, or |
| | | 10200HB5100ham001 | - 6 - | LRB102 25111 LNS 37579 a |
|
| 1 | | permit;
| 2 | | 27. (Blank);
| 3 | | 28. Has been convicted for a first time of the illegal | 4 | | possession, while operating or
in actual physical control, | 5 | | as a driver, of a motor vehicle, of any
controlled | 6 | | substance prohibited under the Illinois Controlled | 7 | | Substances
Act, any cannabis prohibited under the Cannabis | 8 | | Control
Act, or any methamphetamine prohibited under the | 9 | | Methamphetamine Control and Community Protection Act, in | 10 | | which case the person's driving privileges shall be | 11 | | suspended for
one year.
Any defendant found guilty of this | 12 | | offense while operating a motor vehicle
shall have an | 13 | | entry made in the court record by the presiding judge that
| 14 | | this offense did occur while the defendant was operating a | 15 | | motor vehicle
and order the clerk of the court to report | 16 | | the violation to the Secretary
of State;
| 17 | | 29. Has been convicted of the following offenses that | 18 | | were committed
while the person was operating or in actual | 19 | | physical control, as a driver,
of a motor vehicle: | 20 | | criminal sexual assault,
predatory criminal sexual assault | 21 | | of a child,
aggravated criminal sexual
assault, criminal | 22 | | sexual abuse, aggravated criminal sexual abuse, juvenile
| 23 | | pimping, soliciting for a juvenile prostitute, promoting | 24 | | juvenile prostitution as described in subdivision (a)(1), | 25 | | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | 26 | | of 1961 or the Criminal Code of 2012, and the manufacture, |
| | | 10200HB5100ham001 | - 7 - | LRB102 25111 LNS 37579 a |
|
| 1 | | sale or
delivery of controlled substances or instruments | 2 | | used for illegal drug use
or abuse in which case the | 3 | | driver's driving privileges shall be suspended
for one | 4 | | year;
| 5 | | 30. Has been convicted a second or subsequent time for | 6 | | any
combination of the offenses named in paragraph 29 of | 7 | | this subsection,
in which case the person's driving | 8 | | privileges shall be suspended for 5
years;
| 9 | | 31. Has refused to submit to a test as
required by | 10 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 11 | | Registration and Safety Act or has submitted to a test | 12 | | resulting in
an alcohol concentration of 0.08 or more or | 13 | | any amount of a drug, substance, or
compound resulting | 14 | | from the unlawful use or consumption of cannabis as listed
| 15 | | in the Cannabis Control Act, a controlled substance as | 16 | | listed in the Illinois
Controlled Substances Act, an | 17 | | intoxicating compound as listed in the Use of
Intoxicating | 18 | | Compounds Act, or methamphetamine as listed in the | 19 | | Methamphetamine Control and Community Protection Act, in | 20 | | which case the penalty shall be
as prescribed in Section | 21 | | 6-208.1;
| 22 | | 32. Has been convicted of Section 24-1.2 of the | 23 | | Criminal Code of
1961 or the Criminal Code of 2012 | 24 | | relating to the aggravated discharge of a firearm if the | 25 | | offender was
located in a motor vehicle at the time the | 26 | | firearm was discharged, in which
case the suspension shall |
| | | 10200HB5100ham001 | - 8 - | LRB102 25111 LNS 37579 a |
|
| 1 | | be for 3 years;
| 2 | | 33. Has as a driver, who was less than 21 years of age | 3 | | on the date of
the offense, been convicted a first time of | 4 | | a violation of paragraph (a) of
Section 11-502 of this | 5 | | Code or a similar provision of a local ordinance;
| 6 | | 34. Has committed a violation of Section 11-1301.5 of | 7 | | this Code or a similar provision of a local ordinance;
| 8 | | 35. Has committed a violation of Section 11-1301.6 of | 9 | | this Code or a similar provision of a local ordinance;
| 10 | | 36. Is under the age of 21 years at the time of arrest | 11 | | and has been
convicted of not less than 2 offenses against | 12 | | traffic regulations governing
the movement of vehicles | 13 | | committed within any 24-month period. No revocation
or | 14 | | suspension shall be entered more than 6 months after the | 15 | | date of last
conviction;
| 16 | | 37. Has committed a violation of subsection (c) of | 17 | | Section 11-907 of this
Code that resulted in damage to the | 18 | | property of another or the death or injury of another;
| 19 | | 38. Has been convicted of a violation of Section 6-20 | 20 | | of the Liquor
Control Act of 1934 or a similar provision of | 21 | | a local ordinance and the person was an occupant of a motor | 22 | | vehicle at the time of the violation;
| 23 | | 39. Has committed a second or subsequent violation of | 24 | | Section
11-1201 of this Code;
| 25 | | 40. Has committed a violation of subsection (a-1) of | 26 | | Section 11-908 of
this Code; |
| | | 10200HB5100ham001 | - 9 - | LRB102 25111 LNS 37579 a |
|
| 1 | | 41. Has committed a second or subsequent violation of | 2 | | Section 11-605.1 of this Code, a similar provision of a | 3 | | local ordinance, or a similar violation in any other state | 4 | | within 2 years of the date of the previous violation, in | 5 | | which case the suspension shall be for 90 days; | 6 | | 42. Has committed a violation of subsection (a-1) of | 7 | | Section 11-1301.3 of this Code or a similar provision of a | 8 | | local ordinance;
| 9 | | 43. Has received a disposition of court supervision | 10 | | for a violation of subsection (a), (d), or (e) of Section | 11 | | 6-20 of the Liquor
Control Act of 1934 or a similar | 12 | | provision of a local ordinance and the person was an | 13 | | occupant of a motor vehicle at the time of the violation, | 14 | | in which case the suspension shall be for a period of 3 | 15 | | months;
| 16 | | 44.
Is under the age of 21 years at the time of arrest | 17 | | and has been convicted of an offense against traffic | 18 | | regulations governing the movement of vehicles after | 19 | | having previously had his or her driving privileges
| 20 | | suspended or revoked pursuant to subparagraph 36 of this | 21 | | Section; | 22 | | 45.
Has, in connection with or during the course of a | 23 | | formal hearing conducted under Section 2-118 of this Code: | 24 | | (i) committed perjury; (ii) submitted fraudulent or | 25 | | falsified documents; (iii) submitted documents that have | 26 | | been materially altered; or (iv) submitted, as his or her |
| | | 10200HB5100ham001 | - 10 - | LRB102 25111 LNS 37579 a |
|
| 1 | | own, documents that were in fact prepared or composed for | 2 | | another person; | 3 | | 46. Has committed a violation of subsection (j) of | 4 | | Section 3-413 of this Code;
| 5 | | 47. Has committed a violation of subsection (a) of | 6 | | Section 11-502.1 of this Code; | 7 | | 48. Has submitted a falsified or altered medical | 8 | | examiner's certificate to the Secretary of State or | 9 | | provided false information to obtain a medical examiner's | 10 | | certificate; | 11 | | 49. Has been convicted of a violation of Section | 12 | | 11-1002 or 11-1002.5 that resulted in a Type A injury to | 13 | | another, in which case the driving privileges of the | 14 | | person shall be suspended for 12 months; or | 15 | | 50. Has committed a violation of subsection (b-5) of | 16 | | Section 12-610.2 that resulted in great bodily harm, | 17 | | permanent disability, or disfigurement, in which case the | 18 | | driving privileges of the person shall be suspended for 12 | 19 | | months . ; or 50 | 20 | | 51. Has been convicted of a violation of Section | 21 | | 11-407 of this Code. | 22 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 23 | | and 27 of this
subsection, license means any driver's license, | 24 | | any traffic ticket issued when
the person's driver's license | 25 | | is deposited in lieu of bail, a suspension
notice issued by the | 26 | | Secretary of State, a duplicate or corrected driver's
license, |
| | | 10200HB5100ham001 | - 11 - | LRB102 25111 LNS 37579 a |
|
| 1 | | a probationary driver's license, or a temporary driver's | 2 | | license. | 3 | | (b) If any conviction forming the basis of a suspension or
| 4 | | revocation authorized under this Section is appealed, the
| 5 | | Secretary of State may rescind or withhold the entry of the | 6 | | order of suspension
or revocation, as the case may be, | 7 | | provided that a certified copy of a stay
order of a court is | 8 | | filed with the Secretary of State. If the conviction is
| 9 | | affirmed on appeal, the date of the conviction shall relate | 10 | | back to the time
the original judgment of conviction was | 11 | | entered and the 6-month limitation
prescribed shall not apply.
| 12 | | (c) 1. Upon suspending or revoking the driver's license or | 13 | | permit of
any person as authorized in this Section, the | 14 | | Secretary of State shall
immediately notify the person in | 15 | | writing of the revocation or suspension.
The notice to be | 16 | | deposited in the United States mail, postage prepaid,
to the | 17 | | last known address of the person.
| 18 | | 2. If the Secretary of State suspends the driver's license
| 19 | | of a person under subsection 2 of paragraph (a) of this | 20 | | Section, a
person's privilege to operate a vehicle as an | 21 | | occupation shall not be
suspended, provided an affidavit is | 22 | | properly completed, the appropriate fee
received, and a permit | 23 | | issued prior to the effective date of the
suspension, unless 5 | 24 | | offenses were committed, at least 2 of which occurred
while | 25 | | operating a commercial vehicle in connection with the driver's
| 26 | | regular occupation. All other driving privileges shall be |
| | | 10200HB5100ham001 | - 12 - | LRB102 25111 LNS 37579 a |
|
| 1 | | suspended by the
Secretary of State. Any driver prior to | 2 | | operating a vehicle for
occupational purposes only must submit | 3 | | the affidavit on forms to be
provided by the Secretary of State | 4 | | setting forth the facts of the person's
occupation. The | 5 | | affidavit shall also state the number of offenses
committed | 6 | | while operating a vehicle in connection with the driver's | 7 | | regular
occupation. The affidavit shall be accompanied by the | 8 | | driver's license.
Upon receipt of a properly completed | 9 | | affidavit, the Secretary of State
shall issue the driver a | 10 | | permit to operate a vehicle in connection with the
driver's | 11 | | regular occupation only. Unless the permit is issued by the
| 12 | | Secretary of State prior to the date of suspension, the | 13 | | privilege to drive
any motor vehicle shall be suspended as set | 14 | | forth in the notice that was
mailed under this Section. If an | 15 | | affidavit is received subsequent to the
effective date of this | 16 | | suspension, a permit may be issued for the remainder
of the | 17 | | suspension period.
| 18 | | The provisions of this subparagraph shall not apply to any | 19 | | driver
required to possess a CDL for the purpose of operating a | 20 | | commercial motor vehicle.
| 21 | | Any person who falsely states any fact in the affidavit | 22 | | required
herein shall be guilty of perjury under Section 6-302 | 23 | | and upon conviction
thereof shall have all driving privileges | 24 | | revoked without further rights.
| 25 | | 3. At the conclusion of a hearing under Section 2-118 of | 26 | | this Code,
the Secretary of State shall either rescind or |
| | | 10200HB5100ham001 | - 13 - | LRB102 25111 LNS 37579 a |
|
| 1 | | continue an order of
revocation or shall substitute an order | 2 | | of suspension; or, good
cause appearing therefor, rescind, | 3 | | continue, change, or extend the
order of suspension. If the | 4 | | Secretary of State does not rescind the order,
the Secretary | 5 | | may upon application,
to relieve undue hardship (as defined by | 6 | | the rules of the Secretary of State), issue
a restricted | 7 | | driving permit granting the privilege of driving a motor
| 8 | | vehicle between the petitioner's residence and petitioner's | 9 | | place of
employment or within the scope of the petitioner's | 10 | | employment-related duties, or to
allow the petitioner to | 11 | | transport himself or herself, or a family member of the
| 12 | | petitioner's household to a medical facility, to receive | 13 | | necessary medical care, to allow the petitioner to transport | 14 | | himself or herself to and from alcohol or drug
remedial or | 15 | | rehabilitative activity recommended by a licensed service | 16 | | provider, or to allow the petitioner to transport himself or | 17 | | herself or a family member of the petitioner's household to | 18 | | classes, as a student, at an accredited educational | 19 | | institution, or to allow the petitioner to transport children, | 20 | | elderly persons, or persons with disabilities who do not hold | 21 | | driving privileges and are living in the petitioner's | 22 | | household to and from daycare. The
petitioner must demonstrate | 23 | | that no alternative means of
transportation is reasonably | 24 | | available and that the petitioner will not endanger
the public | 25 | | safety or welfare.
| 26 | | (A) If a person's license or permit is revoked or |
| | | 10200HB5100ham001 | - 14 - | LRB102 25111 LNS 37579 a |
|
| 1 | | suspended due to 2
or more convictions of violating | 2 | | Section 11-501 of this Code or a similar
provision of a | 3 | | local ordinance or a similar out-of-state offense, or | 4 | | Section 9-3 of the Criminal Code of 1961 or the Criminal | 5 | | Code 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 a combination of these offenses, | 8 | | arising out
of separate occurrences, that person, if | 9 | | issued a restricted driving permit,
may not operate a | 10 | | vehicle unless it has been equipped with an ignition
| 11 | | interlock device as defined in Section 1-129.1.
| 12 | | (B) If a person's license or permit is revoked or | 13 | | suspended 2 or more
times due to any combination of: | 14 | | (i) 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 Section | 17 | | 9-3 of the Criminal Code of 1961 or the Criminal Code | 18 | | of 2012, where the use of alcohol or other drugs is | 19 | | recited as an element of the offense, or a similar | 20 | | out-of-state offense; or | 21 | | (ii) a statutory summary suspension or revocation | 22 | | under Section
11-501.1; or | 23 | | (iii) a suspension under Section 6-203.1; | 24 | | arising out of
separate occurrences; that person, if | 25 | | issued a restricted driving permit, may
not operate a | 26 | | vehicle unless it has been
equipped with an ignition |
| | | 10200HB5100ham001 | - 15 - | LRB102 25111 LNS 37579 a |
|
| 1 | | interlock device as defined in Section 1-129.1. | 2 | | (B-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 | | (C)
The person issued a permit conditioned upon the | 11 | | use of an ignition interlock device must pay to the | 12 | | Secretary of State DUI Administration Fund an amount
not | 13 | | to exceed $30 per month. The Secretary shall establish by | 14 | | rule the amount
and the procedures, terms, and conditions | 15 | | relating to these fees. | 16 | | (D) If the
restricted driving permit is issued for | 17 | | employment purposes, then the prohibition against | 18 | | operating a motor vehicle that is not equipped with an | 19 | | ignition interlock device does not apply to the operation | 20 | | of an occupational vehicle owned or
leased by that | 21 | | person's employer when used solely for employment | 22 | | purposes. For any person who, within a 5-year period, is | 23 | | convicted of a second or subsequent offense under Section | 24 | | 11-501 of this Code, or a similar provision of a local | 25 | | ordinance or similar out-of-state offense, this employment | 26 | | exemption does not apply until either a one-year period |
| | | 10200HB5100ham001 | - 16 - | LRB102 25111 LNS 37579 a |
|
| 1 | | has elapsed during which that person had his or her | 2 | | driving privileges revoked or a one-year period has | 3 | | elapsed during which that person had a restricted driving | 4 | | permit which required the use of an ignition interlock | 5 | | device on every motor vehicle owned or operated by that | 6 | | person. | 7 | | (E) In each case the Secretary may issue a
restricted | 8 | | driving permit for a period deemed appropriate, except | 9 | | that all
permits shall expire no later than 2 years from | 10 | | the date of issuance. A
restricted driving permit issued | 11 | | under this Section shall be subject to
cancellation, | 12 | | revocation, and suspension by the Secretary of State in | 13 | | like
manner and for like cause as a driver's license | 14 | | issued under this Code may be
cancelled, revoked, or | 15 | | suspended; except that a conviction upon one or more
| 16 | | offenses against laws or ordinances regulating the | 17 | | movement of traffic
shall be deemed sufficient cause for | 18 | | the revocation, suspension, or
cancellation of a | 19 | | restricted driving permit. The Secretary of State may, as
| 20 | | a condition to the issuance of a restricted driving | 21 | | permit, require the
applicant to participate in a | 22 | | designated driver remedial or rehabilitative
program. The | 23 | | Secretary of State is authorized to cancel a restricted
| 24 | | driving permit if the permit holder does not successfully | 25 | | complete the program.
| 26 | | (F) A person subject to the provisions of paragraph 4 |
| | | 10200HB5100ham001 | - 17 - | LRB102 25111 LNS 37579 a |
|
| 1 | | of subsection (b) of Section 6-208 of this Code may make | 2 | | application for a restricted driving permit at a hearing | 3 | | conducted under Section 2-118 of this Code after the | 4 | | expiration of 5 years from the effective date of the most | 5 | | recent revocation or after 5 years from the date of | 6 | | release from a period of imprisonment resulting from a | 7 | | conviction of the most recent offense, whichever is later, | 8 | | provided the person, in addition to all other requirements | 9 | | of the Secretary, shows by clear and convincing evidence: | 10 | | (i) a minimum of 3 years of uninterrupted | 11 | | abstinence from alcohol and the unlawful use or | 12 | | consumption of cannabis under the Cannabis Control | 13 | | Act, a controlled substance under the Illinois | 14 | | Controlled Substances Act, an intoxicating compound | 15 | | under the Use of Intoxicating Compounds Act, or | 16 | | methamphetamine under the Methamphetamine Control and | 17 | | Community Protection Act; and | 18 | | (ii) the successful completion of any | 19 | | rehabilitative treatment and involvement in any | 20 | | ongoing rehabilitative activity that may be | 21 | | recommended by a properly licensed service provider | 22 | | according to an assessment of the person's alcohol or | 23 | | drug use under Section 11-501.01 of this Code. | 24 | | In determining whether an applicant is eligible for a | 25 | | restricted driving permit under this subparagraph (F), the | 26 | | Secretary may consider any relevant evidence, including, |
| | | 10200HB5100ham001 | - 18 - | LRB102 25111 LNS 37579 a |
|
| 1 | | but not limited to, testimony, affidavits, records, and | 2 | | the results of regular alcohol or drug tests. Persons | 3 | | subject to the provisions of paragraph 4 of subsection (b) | 4 | | of Section 6-208 of this Code and who have been convicted | 5 | | of more than one violation of paragraph (3), paragraph | 6 | | (4), or paragraph (5) of subsection (a) of Section 11-501 | 7 | | of this Code shall not be eligible to apply for a | 8 | | restricted driving permit under this subparagraph (F). | 9 | | A restricted driving permit issued under this | 10 | | subparagraph (F) shall provide that the holder may only | 11 | | operate motor vehicles equipped with an ignition interlock | 12 | | device as required under paragraph (2) of subsection (c) | 13 | | of Section 6-205 of this Code and subparagraph (A) of | 14 | | paragraph 3 of subsection (c) of this Section. The | 15 | | Secretary may revoke a restricted driving permit or amend | 16 | | the conditions of a restricted driving permit issued under | 17 | | this subparagraph (F) if the holder operates a vehicle | 18 | | that is not equipped with an ignition interlock device, or | 19 | | for any other reason authorized under this Code. | 20 | | A restricted driving permit issued under this | 21 | | subparagraph (F) shall be revoked, and the holder barred | 22 | | from applying for or being issued a restricted driving | 23 | | permit in the future, if the holder is convicted of a | 24 | | violation of Section 11-501 of this Code, a similar | 25 | | provision of a local ordinance, or a similar offense in | 26 | | another state. |
| | | 10200HB5100ham001 | - 19 - | LRB102 25111 LNS 37579 a |
|
| 1 | | (c-3) In the case of a suspension under paragraph 43 of | 2 | | subsection (a), reports received by the Secretary of State | 3 | | under this Section shall, except during the actual time the | 4 | | suspension is in effect, be privileged information and for use | 5 | | only by the courts, police officers, prosecuting authorities, | 6 | | the driver licensing administrator of any other state, the | 7 | | Secretary of State, or the parent or legal guardian of a driver | 8 | | under the age of 18. However, beginning January 1, 2008, if the | 9 | | person is a CDL holder, the suspension shall also be made | 10 | | available to the driver licensing administrator of any other | 11 | | state, the U.S. Department of Transportation, and the affected | 12 | | driver or motor
carrier or prospective motor carrier upon | 13 | | request.
| 14 | | (c-4) In the case of a suspension under paragraph 43 of | 15 | | subsection (a), the Secretary of State shall notify the person | 16 | | by mail that his or her driving privileges and driver's | 17 | | license will be suspended one month after the date of the | 18 | | mailing of the notice.
| 19 | | (c-5) The Secretary of State may, as a condition of the | 20 | | reissuance of a
driver's license or permit to an applicant | 21 | | whose driver's license or permit has
been suspended before he | 22 | | or she reached the age of 21 years pursuant to any of
the | 23 | | provisions of this Section, require the applicant to | 24 | | participate in a
driver remedial education course and be | 25 | | retested under Section 6-109 of this
Code.
| 26 | | (d) This Section is subject to the provisions of the |
| | | 10200HB5100ham001 | - 20 - | LRB102 25111 LNS 37579 a |
|
| 1 | | Driver License
Compact.
| 2 | | (e) The Secretary of State shall not issue a restricted | 3 | | driving permit to
a person under the age of 16 years whose | 4 | | driving privileges have been suspended
or revoked under any | 5 | | provisions of this Code.
| 6 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 7 | | State may not issue a restricted driving permit for the | 8 | | operation of a commercial motor vehicle to a person holding a | 9 | | CDL whose driving privileges have been suspended, revoked, | 10 | | cancelled, or disqualified under any provisions of this Code. | 11 | | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; | 12 | | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. | 13 | | 8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)"; and
| 14 | | on page 5, by deleting lines 21 through 24.
|
|