Full Text of SB1613 96th General Assembly
SB1613 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1613
Introduced 2/19/2009, by Sen. M. Maggie Crotty SYNOPSIS AS INTRODUCED: |
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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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SB1613 |
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LRB096 10236 AJT 20404 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 6-201 as follows:
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| (625 ILCS 5/6-201)
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| Sec. 6-201. Authority to cancel licenses and permits.
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| (a) The
The Secretary of State is authorized to cancel any | 9 |
| license or permit
upon determining that the holder thereof:
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| 1. was not entitled to the issuance thereof hereunder; | 11 |
| or
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| 2. failed to give the required or correct information | 13 |
| in his
application; or
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| 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
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| 4. committed any fraud in the making of such | 18 |
| application; or
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| 5. is ineligible therefor under the provisions of | 20 |
| Section 6-103 of this
Act, as amended; or
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| 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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| or
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| 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
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| 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
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| 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
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| 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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| 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
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| 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
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| 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
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| 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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| participate in a driver remedial or rehabilitative
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| 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
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| 8. failed to submit a report as required by Section | 8 |
| 6-116.5 of this
Code; or
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| 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
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| 10. is ineligible for a license or permit under Section | 17 |
| 6-107, 6-107.1, or
6-108 of this Code; or
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| 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.
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| (b) Upon such cancellation the licensee or permittee must | 22 |
| surrender the
license or permit so cancelled to the Secretary | 23 |
| of State.
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| (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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| drivers' licenses and restricted driving permits.
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| (d) The Secretary of State may adopt rules to implement | 3 |
| this Section.
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| (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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