Full Text of SB1524 97th General Assembly
SB1524 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1524 Introduced 2/9/2011, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: | | |
Amends the Illinois Vehicle Code. Makes a technical change in a
Section concerning cancellation of licenses and permits.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 6-201 as follows:
| 6 | | (625 ILCS 5/6-201)
| 7 | | Sec. 6-201. Authority to cancel licenses and permits.
| 8 | | (a) The
The Secretary of State is authorized to cancel any | 9 | | license or permit
upon determining that the holder thereof:
| 10 | | 1. was not entitled to the issuance thereof hereunder; | 11 | | or
| 12 | | 2. failed to give the required or correct information | 13 | | in his
application; or
| 14 | | 3. failed to pay any fees, civil penalties owed to the | 15 | | Illinois Commerce
Commission, or taxes due under this Act | 16 | | and upon reasonable notice and demand;
or
| 17 | | 4. committed any fraud in the making of such | 18 | | application; or
| 19 | | 5. is ineligible therefor under the provisions of | 20 | | Section 6-103 of this
Act, as amended; or
| 21 | | 6. has refused or neglected to submit an alcohol, drug, | 22 | | and
intoxicating compound evaluation or to
submit to | 23 | | examination or re-examination as required under this Act; |
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| 1 | | or
| 2 | | 7. has been convicted of violating the Cannabis Control | 3 | | Act,
the
Illinois Controlled Substances Act, the | 4 | | Methamphetamine Control and Community Protection Act, or | 5 | | the Use of Intoxicating Compounds
Act while that individual | 6 | | was in actual physical
control of a motor vehicle. For | 7 | | purposes of this Section, any person placed on
probation | 8 | | under Section 10 of the Cannabis Control Act, Section 410 | 9 | | of the
Illinois Controlled Substances Act, or Section 70 of | 10 | | the Methamphetamine Control and Community Protection Act | 11 | | shall not be considered convicted. Any
person found guilty | 12 | | of this offense, while in actual physical control of a
| 13 | | motor vehicle, shall have an entry made in the court record | 14 | | by the
judge that this offense did occur while the person | 15 | | was in actual
physical control of a motor vehicle and order | 16 | | the clerk of the court to report
the violation to the | 17 | | Secretary of State as such. After the cancellation, the
| 18 | | Secretary of State shall not issue a new license or permit | 19 | | for a period of one
year after the date of cancellation. | 20 | | However, upon application, the Secretary
of State may, if | 21 | | satisfied that the person applying will not endanger the
| 22 | | public safety, or welfare, issue a restricted driving | 23 | | permit granting the
privilege of driving a motor vehicle | 24 | | between the petitioner's residence and
petitioner's place | 25 | | of employment or within the scope of the petitioner's | 26 | | employment
related duties, or to allow transportation for
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| 1 | | the petitioner or a household member of the petitioner's | 2 | | family for the receipt of
necessary medical care, or | 3 | | provide transportation for the petitioner to and from | 4 | | alcohol or drug remedial or
rehabilitative activity | 5 | | recommended by a licensed service provider, or for the | 6 | | petitioner to attend classes, as a student,
in an | 7 | | accredited educational institution. The petitioner must
| 8 | | demonstrate that no alternative means of transportation is | 9 | | reasonably
available; provided that the Secretary's | 10 | | discretion shall be limited to
cases where undue hardship, | 11 | | as defined by the rules of the Secretary of State, would | 12 | | result from a failure to issue such
restricted driving | 13 | | permit. In each case the Secretary of State may issue
such | 14 | | restricted driving permit for such period as he deems | 15 | | appropriate,
except that such permit shall expire within | 16 | | one year from the date of
issuance. A restricted driving | 17 | | permit issued hereunder shall be subject to
cancellation, | 18 | | revocation and suspension by the Secretary of State in like
| 19 | | manner and for like cause as a driver's license issued | 20 | | hereunder may be
cancelled, revoked or suspended; except | 21 | | that a conviction upon one or more
offenses against laws or | 22 | | ordinances regulating the movement of traffic
shall be | 23 | | deemed sufficient cause for the revocation, suspension or
| 24 | | cancellation of a restricted driving permit. The Secretary | 25 | | of State may,
as a condition to the issuance of a | 26 | | restricted driving permit, require the
applicant to |
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| 1 | | participate in a driver remedial or rehabilitative
| 2 | | program. In accordance with 49 C.F.R. 384, the Secretary of | 3 | | State may not issue a restricted driving permit for the | 4 | | operation of a commercial motor vehicle to a person holding | 5 | | a CDL whose driving privileges have been revoked, | 6 | | suspended, cancelled, or disqualified under this Code; or
| 7 | | 8. failed to submit a report as required by Section | 8 | | 6-116.5 of this
Code; or
| 9 | | 9. has been convicted of a sex offense as defined in | 10 | | the Sex Offender Registration Act. The driver's license | 11 | | shall remain cancelled until the driver registers as a sex | 12 | | offender as required by the Sex Offender Registration Act, | 13 | | proof of the registration is furnished to the Secretary of | 14 | | State and the sex offender provides proof of current | 15 | | address to the Secretary; or
| 16 | | 10. is ineligible for a license or permit under Section | 17 | | 6-107, 6-107.1, or
6-108 of this Code; or
| 18 | | 11. refused or neglected to appear at a Driver Services | 19 | | facility to have the license or permit corrected and a new | 20 | | license or permit issued.
| 21 | | (b) Upon such cancellation the licensee or permittee must | 22 | | surrender the
license or permit so cancelled to the Secretary | 23 | | of State.
| 24 | | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 25 | | Secretary of State
shall have exclusive authority to grant, | 26 | | issue, deny, cancel, suspend and
revoke driving privileges, |
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| 1 | | drivers' licenses and restricted driving permits.
| 2 | | (d) The Secretary of State may adopt rules to implement | 3 | | this Section.
| 4 | | (Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; | 5 | | 94-993, eff. 1-1-07; 95-331, eff. 8-21-07; 95-382, eff. | 6 | | 8-23-07; 95-627, eff. 6-1-08; 95-876, eff. 8-21-08.) |
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