Full Text of HB2386 101st General Assembly
HB2386enr 101ST GENERAL ASSEMBLY |
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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 | | Sections 6-206 and 12-610.2 as follows:
| 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 preliminary | 11 | | hearing upon a showing
of the person's records or other | 12 | | 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 upon | 15 | | conviction;
| 16 | | 2. Has been convicted of not less than 3 offenses | 17 | | against traffic
regulations governing the movement of | 18 | | vehicles committed within any 12
month period. No | 19 | | revocation or suspension shall be entered more than
6 | 20 | | months after the date of last conviction;
| 21 | | 3. Has been repeatedly involved as a driver in motor | 22 | | vehicle
collisions or has been repeatedly convicted of | 23 | | offenses against laws and
ordinances regulating the |
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| 1 | | movement of traffic, to a degree that
indicates lack of | 2 | | ability to exercise ordinary and reasonable care in
the | 3 | | safe operation of a motor vehicle or disrespect for the | 4 | | traffic laws
and the safety of other persons upon the | 5 | | highway;
| 6 | | 4. Has by the unlawful operation of a motor vehicle | 7 | | caused or
contributed to an accident resulting in injury | 8 | | requiring
immediate professional treatment in a medical | 9 | | facility or doctor's office
to any person, except that any | 10 | | suspension or revocation imposed by the
Secretary of State | 11 | | under the provisions of this subsection shall start no
| 12 | | later than 6 months after being convicted of violating a | 13 | | law or
ordinance regulating the movement of traffic, which | 14 | | violation is related
to the accident, or shall start not | 15 | | more than one year
after
the date of the accident, | 16 | | whichever date occurs later;
| 17 | | 5. Has permitted an unlawful or fraudulent use of a | 18 | | driver's
license, identification card, or permit;
| 19 | | 6. Has been lawfully convicted of an offense or | 20 | | offenses in another
state, including the authorization | 21 | | contained in Section 6-203.1, which
if committed within | 22 | | this State would be grounds for suspension or revocation;
| 23 | | 7. Has refused or failed to submit to an examination | 24 | | provided for by
Section 6-207 or has failed to pass the | 25 | | examination;
| 26 | | 8. Is ineligible for a driver's license or permit under |
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| 1 | | the provisions
of Section 6-103;
| 2 | | 9. Has made a false statement or knowingly concealed a | 3 | | material fact
or has used false information or | 4 | | identification in any application for a
license, | 5 | | identification card, or permit;
| 6 | | 10. Has possessed, displayed, or attempted to | 7 | | fraudulently use any
license, identification card, or | 8 | | permit not issued to the person;
| 9 | | 11. Has operated a motor vehicle upon a highway of this | 10 | | State when
the person's driving privilege or privilege to | 11 | | obtain a driver's license
or permit was revoked or | 12 | | suspended unless the operation was authorized by
a | 13 | | monitoring device driving permit, judicial driving permit | 14 | | issued prior to January 1, 2009, probationary license to | 15 | | drive, or a restricted
driving permit issued under this | 16 | | Code;
| 17 | | 12. Has submitted to any portion of the application | 18 | | process for
another person or has obtained the services of | 19 | | another person to submit to
any portion of the application | 20 | | process for the purpose of obtaining a
license, | 21 | | identification card, or permit for some other person;
| 22 | | 13. Has operated a motor vehicle upon a highway of this | 23 | | State when
the person's driver's license or permit was | 24 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 25 | | 14. Has committed a violation of Section 6-301, | 26 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or |
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| 1 | | 14B of the Illinois Identification Card
Act;
| 2 | | 15. Has been convicted of violating Section 21-2 of the | 3 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 4 | | to criminal trespass to vehicles in which case, the | 5 | | suspension
shall be for one year;
| 6 | | 16. Has been convicted of violating Section 11-204 of | 7 | | this Code relating
to fleeing from a peace officer;
| 8 | | 17. Has refused to submit to a test, or tests, as | 9 | | required under Section
11-501.1 of this Code and the person | 10 | | has not sought a hearing as
provided for in Section | 11 | | 11-501.1;
| 12 | | 18. Has, since issuance of a driver's license or | 13 | | permit, been adjudged
to be afflicted with or suffering | 14 | | from any mental disability or disease;
| 15 | | 19. Has committed a violation of paragraph (a) or (b) | 16 | | of Section 6-101
relating to driving without a driver's | 17 | | license;
| 18 | | 20. Has been convicted of violating Section 6-104 | 19 | | relating to
classification of driver's license;
| 20 | | 21. Has been convicted of violating Section 11-402 of
| 21 | | this Code relating to leaving the scene of an accident | 22 | | resulting in damage
to a vehicle in excess of $1,000, in | 23 | | which case the suspension shall be
for one year;
| 24 | | 22. Has used a motor vehicle in violating paragraph | 25 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 26 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
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| 1 | | relating
to unlawful use of weapons, in which case the | 2 | | suspension shall be for one
year;
| 3 | | 23. Has, as a driver, been convicted of committing a | 4 | | violation of
paragraph (a) of Section 11-502 of this Code | 5 | | for a second or subsequent
time within one year of a | 6 | | similar violation;
| 7 | | 24. Has been convicted by a court-martial or punished | 8 | | by non-judicial
punishment by military authorities of the | 9 | | United States at a military
installation in Illinois or in | 10 | | another state of or for a traffic related offense that is | 11 | | the
same as or similar to an offense specified under | 12 | | Section 6-205 or 6-206 of
this Code;
| 13 | | 25. Has permitted any form of identification to be used | 14 | | by another in
the application process in order to obtain or | 15 | | attempt to obtain a license,
identification card, or | 16 | | permit;
| 17 | | 26. Has altered or attempted to alter a license or has | 18 | | possessed an
altered license, identification card, or | 19 | | permit;
| 20 | | 27. Has violated Section 6-16 of the Liquor Control Act | 21 | | of 1934;
| 22 | | 28. Has been convicted for a first time of the illegal | 23 | | possession, while operating or
in actual physical control, | 24 | | as a driver, of a motor vehicle, of any
controlled | 25 | | substance prohibited under the Illinois Controlled | 26 | | Substances
Act, any cannabis prohibited under the Cannabis |
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| 1 | | Control
Act, or any methamphetamine prohibited under the | 2 | | Methamphetamine Control and Community Protection Act, in | 3 | | which case the person's driving privileges shall be | 4 | | suspended for
one year.
Any defendant found guilty of this | 5 | | offense while operating a motor vehicle,
shall have an | 6 | | entry made in the court record by the presiding judge that
| 7 | | this offense did occur while the defendant was operating a | 8 | | motor vehicle
and order the clerk of the court to report | 9 | | the violation to the Secretary
of State;
| 10 | | 29. Has been convicted of the following offenses that | 11 | | were committed
while the person was operating or in actual | 12 | | physical control, as a driver,
of a motor vehicle: criminal | 13 | | sexual assault,
predatory criminal sexual assault of a | 14 | | child,
aggravated criminal sexual
assault, criminal sexual | 15 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 16 | | soliciting for a juvenile prostitute, promoting juvenile | 17 | | prostitution as described in subdivision (a)(1), (a)(2), | 18 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 19 | | or the Criminal Code of 2012, and the manufacture, sale or
| 20 | | delivery of controlled substances or instruments used for | 21 | | illegal drug use
or abuse in which case the driver's | 22 | | driving privileges shall be suspended
for one year;
| 23 | | 30. Has been convicted a second or subsequent time for | 24 | | any
combination of the offenses named in paragraph 29 of | 25 | | this subsection,
in which case the person's driving | 26 | | privileges shall be suspended for 5
years;
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| 1 | | 31. Has refused to submit to a test as
required by | 2 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 3 | | Registration and Safety Act or has submitted to a test | 4 | | resulting in
an alcohol concentration of 0.08 or more or | 5 | | any amount of a drug, substance, or
compound resulting from | 6 | | the unlawful use or consumption of cannabis as listed
in | 7 | | the Cannabis Control Act, a controlled substance as listed | 8 | | in the Illinois
Controlled Substances Act, an intoxicating | 9 | | compound as listed in the Use of
Intoxicating Compounds | 10 | | Act, or methamphetamine as listed in the Methamphetamine | 11 | | Control and Community Protection Act, in which case the | 12 | | penalty shall be
as prescribed in Section 6-208.1;
| 13 | | 32. Has been convicted of Section 24-1.2 of the | 14 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 15 | | to the aggravated discharge of a firearm if the offender | 16 | | was
located in a motor vehicle at the time the firearm was | 17 | | discharged, in which
case the suspension shall be for 3 | 18 | | years;
| 19 | | 33. Has as a driver, who was less than 21 years of age | 20 | | on the date of
the offense, been convicted a first time of | 21 | | a violation of paragraph (a) of
Section 11-502 of this Code | 22 | | or a similar provision of a local ordinance;
| 23 | | 34. Has committed a violation of Section 11-1301.5 of | 24 | | this Code or a similar provision of a local ordinance;
| 25 | | 35. Has committed a violation of Section 11-1301.6 of | 26 | | this Code or a similar provision of a local ordinance;
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| 1 | | 36. Is under the age of 21 years at the time of arrest | 2 | | and has been
convicted of not less than 2 offenses against | 3 | | traffic regulations governing
the movement of vehicles | 4 | | committed within any 24 month period. No revocation
or | 5 | | suspension shall be entered more than 6 months after the | 6 | | date of last
conviction;
| 7 | | 37. Has committed a violation of subsection (c) of | 8 | | Section 11-907 of this
Code that resulted in damage to the | 9 | | property of another or the death or injury of another;
| 10 | | 38. Has been convicted of a violation of Section 6-20 | 11 | | of the Liquor
Control Act of 1934 or a similar provision of | 12 | | a local ordinance;
| 13 | | 39. Has committed a second or subsequent violation of | 14 | | Section
11-1201 of this Code;
| 15 | | 40. Has committed a violation of subsection (a-1) of | 16 | | Section 11-908 of
this Code; | 17 | | 41. Has committed a second or subsequent violation of | 18 | | Section 11-605.1 of this Code, a similar provision of a | 19 | | local ordinance, or a similar violation in any other state | 20 | | within 2 years of the date of the previous violation, in | 21 | | which case the suspension shall be for 90 days; | 22 | | 42. Has committed a violation of subsection (a-1) of | 23 | | Section 11-1301.3 of this Code or a similar provision of a | 24 | | local ordinance;
| 25 | | 43. Has received a disposition of court supervision for | 26 | | a violation of subsection (a), (d), or (e) of Section 6-20 |
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| 1 | | of the Liquor
Control Act of 1934 or a similar provision of | 2 | | a local ordinance, in which case the suspension shall be | 3 | | for a period of 3 months;
| 4 | | 44.
Is under the age of 21 years at the time of arrest | 5 | | and has been convicted of an offense against traffic | 6 | | regulations governing the movement of vehicles after | 7 | | having previously had his or her driving privileges
| 8 | | suspended or revoked pursuant to subparagraph 36 of this | 9 | | Section; | 10 | | 45.
Has, in connection with or during the course of a | 11 | | formal hearing conducted under Section 2-118 of this Code: | 12 | | (i) committed perjury; (ii) submitted fraudulent or | 13 | | falsified documents; (iii) submitted documents that have | 14 | | been materially altered; or (iv) submitted, as his or her | 15 | | own, documents that were in fact prepared or composed for | 16 | | another person; | 17 | | 46. Has committed a violation of subsection (j) of | 18 | | Section 3-413 of this Code;
| 19 | | 47. Has committed a violation of Section 11-502.1 of | 20 | | this Code; or | 21 | | 48. Has submitted a falsified or altered medical | 22 | | examiner's certificate to the Secretary of State or | 23 | | provided false information to obtain a medical examiner's | 24 | | certificate ; or . | 25 | | 49. Has committed a violation of subsection (b-5) of | 26 | | Section 12-610.2 that resulted in great bodily harm, |
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| 1 | | permanent disability, or disfigurement, in which case the | 2 | | driving privileges shall be suspended for 12 months. | 3 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 4 | | and 27 of this
subsection, license means any driver's license, | 5 | | any traffic ticket issued when
the person's driver's license is | 6 | | deposited in lieu of bail, a suspension
notice issued by the | 7 | | Secretary of State, a duplicate or corrected driver's
license, | 8 | | a probationary driver's license or a temporary driver's | 9 | | license. | 10 | | (b) If any conviction forming the basis of a suspension or
| 11 | | revocation authorized under this Section is appealed, the
| 12 | | Secretary of State may rescind or withhold the entry of the | 13 | | order of suspension
or revocation, as the case may be, provided | 14 | | that a certified copy of a stay
order of a court is filed with | 15 | | the Secretary of State. If the conviction is
affirmed on | 16 | | appeal, the date of the conviction shall relate back to the | 17 | | time
the original judgment of conviction was entered and the 6 | 18 | | month limitation
prescribed shall not apply.
| 19 | | (c) 1. Upon suspending or revoking the driver's license or | 20 | | permit of
any person as authorized in this Section, the | 21 | | Secretary of State shall
immediately notify the person in | 22 | | writing of the revocation or suspension.
The notice to be | 23 | | deposited in the United States mail, postage prepaid,
to the | 24 | | last known address of the person.
| 25 | | 2. If the Secretary of State suspends the driver's license
| 26 | | of a person under subsection 2 of paragraph (a) of this |
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| 1 | | Section, a
person's privilege to operate a vehicle as an | 2 | | occupation shall not be
suspended, provided an affidavit is | 3 | | properly completed, the appropriate fee
received, and a permit | 4 | | issued prior to the effective date of the
suspension, unless 5 | 5 | | offenses were committed, at least 2 of which occurred
while | 6 | | operating a commercial vehicle in connection with the driver's
| 7 | | regular occupation. All other driving privileges shall be | 8 | | suspended by the
Secretary of State. Any driver prior to | 9 | | operating a vehicle for
occupational purposes only must submit | 10 | | the affidavit on forms to be
provided by the Secretary of State | 11 | | setting forth the facts of the person's
occupation. The | 12 | | affidavit shall also state the number of offenses
committed | 13 | | while operating a vehicle in connection with the driver's | 14 | | regular
occupation. The affidavit shall be accompanied by the | 15 | | driver's license.
Upon receipt of a properly completed | 16 | | affidavit, the Secretary of State
shall issue the driver a | 17 | | permit to operate a vehicle in connection with the
driver's | 18 | | regular occupation only. Unless the permit is issued by the
| 19 | | Secretary of State prior to the date of suspension, the | 20 | | privilege to drive
any motor vehicle shall be suspended as set | 21 | | forth in the notice that was
mailed under this Section. If an | 22 | | affidavit is received subsequent to the
effective date of this | 23 | | suspension, a permit may be issued for the remainder
of the | 24 | | suspension period.
| 25 | | The provisions of this subparagraph shall not apply to any | 26 | | driver
required to possess a CDL for the purpose of operating a |
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| 1 | | commercial motor vehicle.
| 2 | | Any person who falsely states any fact in the affidavit | 3 | | required
herein shall be guilty of perjury under Section 6-302 | 4 | | and upon conviction
thereof shall have all driving privileges | 5 | | revoked without further rights.
| 6 | | 3. At the conclusion of a hearing under Section 2-118 of | 7 | | this Code,
the Secretary of State shall either rescind or | 8 | | continue an order of
revocation or shall substitute an order of | 9 | | suspension; or, good
cause appearing therefor, rescind, | 10 | | continue, change, or extend the
order of suspension. If the | 11 | | Secretary of State does not rescind the order,
the Secretary | 12 | | may upon application,
to relieve undue hardship (as defined by | 13 | | the rules of the Secretary of State), issue
a restricted | 14 | | driving permit granting the privilege of driving a motor
| 15 | | vehicle between the petitioner's residence and petitioner's | 16 | | place of
employment or within the scope of the petitioner's | 17 | | employment related duties, or to
allow the petitioner to | 18 | | transport himself or herself, or a family member of the
| 19 | | petitioner's household to a medical facility, to receive | 20 | | necessary medical care, to allow the petitioner to transport | 21 | | himself or herself to and from alcohol or drug
remedial or | 22 | | rehabilitative activity recommended by a licensed service | 23 | | provider, or to allow the petitioner to transport himself or | 24 | | herself or a family member of the petitioner's household to | 25 | | classes, as a student, at an accredited educational | 26 | | institution, or to allow the petitioner to transport children, |
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| 1 | | elderly persons, or persons with disabilities who do not hold | 2 | | driving privileges and are living in the petitioner's household | 3 | | to and from daycare. The
petitioner must demonstrate that no | 4 | | alternative means of
transportation is reasonably available | 5 | | and that the petitioner will not endanger
the public safety or | 6 | | welfare.
| 7 | | (A) If a person's license or permit is revoked or | 8 | | suspended due to 2
or more convictions of violating Section | 9 | | 11-501 of this Code or a similar
provision of a local | 10 | | ordinance or a similar out-of-state offense, or Section 9-3 | 11 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 12 | | where the use of alcohol or other drugs is recited as an | 13 | | element of the offense, or a similar out-of-state offense, | 14 | | or a combination of these offenses, arising out
of separate | 15 | | occurrences, that person, if issued a restricted driving | 16 | | permit,
may not operate a vehicle unless it has been | 17 | | equipped with an ignition
interlock device as defined in | 18 | | Section 1-129.1.
| 19 | | (B) If a person's license or permit is revoked or | 20 | | suspended 2 or more
times due to any combination of: | 21 | | (i) a single conviction 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 | 24 | | 9-3 of the Criminal Code of 1961 or the Criminal Code | 25 | | of 2012, where the use of alcohol or other drugs is | 26 | | recited as an element of the offense, or a similar |
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| 1 | | out-of-state offense; or | 2 | | (ii) a statutory summary suspension or revocation | 3 | | under Section
11-501.1; or | 4 | | (iii) a suspension under Section 6-203.1; | 5 | | arising out of
separate occurrences; that person, if issued | 6 | | a restricted driving permit, may
not operate a vehicle | 7 | | unless it has been
equipped with an ignition interlock | 8 | | device as defined in Section 1-129.1. | 9 | | (B-5) If a person's license or permit is revoked or | 10 | | suspended due to a conviction for a violation of | 11 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 12 | | of Section 11-501 of this Code, or a similar provision of a | 13 | | local ordinance or similar out-of-state offense, that | 14 | | person, if issued a restricted driving permit, may not | 15 | | operate a vehicle unless it has been equipped with an | 16 | | ignition interlock device as defined in Section 1-129.1. | 17 | | (C)
The person issued a permit conditioned upon the use | 18 | | of an ignition interlock device must pay to the Secretary | 19 | | of State DUI Administration Fund an amount
not to exceed | 20 | | $30 per month. The Secretary shall establish by rule the | 21 | | amount
and the procedures, terms, and conditions relating | 22 | | to these fees. | 23 | | (D) If the
restricted driving permit is issued for | 24 | | employment purposes, then the prohibition against | 25 | | operating a motor vehicle that is not equipped with an | 26 | | ignition interlock device does not apply to the operation |
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| 1 | | of an occupational vehicle owned or
leased by that person's | 2 | | employer when used solely for employment purposes. For any | 3 | | person who, within a 5-year period, is convicted of a | 4 | | second or subsequent offense under Section 11-501 of this | 5 | | Code, or a similar provision of a local ordinance or | 6 | | similar out-of-state offense, this employment exemption | 7 | | does not apply until either a one-year period has elapsed | 8 | | during which that person had his or her driving privileges | 9 | | revoked or a one-year period has elapsed during which that | 10 | | person had a restricted driving permit which required the | 11 | | use of an ignition interlock device on every motor vehicle | 12 | | owned or operated by that person. | 13 | | (E) In each case the Secretary may issue a
restricted | 14 | | driving permit for a period deemed appropriate, except that | 15 | | all
permits shall expire no later than 2 years from the | 16 | | date of issuance. A
restricted driving permit issued under | 17 | | this Section shall be subject to
cancellation, revocation, | 18 | | and suspension by the Secretary of State in like
manner and | 19 | | for like cause as a driver's license issued under this Code | 20 | | may be
cancelled, revoked, or suspended; except that a | 21 | | 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 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 | | (F) A person subject to the provisions of paragraph 4 | 6 | | of subsection (b) of Section 6-208 of this Code may make | 7 | | application for a restricted driving permit at a hearing | 8 | | conducted under Section 2-118 of this Code after the | 9 | | expiration of 5 years from the effective date of the most | 10 | | recent revocation or after 5 years from the date of release | 11 | | from a period of imprisonment resulting from a conviction | 12 | | of the most recent offense, whichever is later, provided | 13 | | the person, in addition to all other requirements of the | 14 | | Secretary, shows by clear and convincing evidence: | 15 | | (i) a minimum of 3 years of uninterrupted | 16 | | abstinence from alcohol and the unlawful use or | 17 | | consumption of cannabis under the Cannabis Control | 18 | | Act, a controlled substance under the Illinois | 19 | | Controlled Substances Act, an intoxicating compound | 20 | | under the Use of Intoxicating Compounds Act, or | 21 | | methamphetamine under the Methamphetamine Control and | 22 | | Community Protection Act; and | 23 | | (ii) the successful completion of any | 24 | | rehabilitative treatment and involvement in any | 25 | | ongoing rehabilitative activity that may be | 26 | | recommended by a properly licensed service provider |
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| 1 | | according to an assessment of the person's alcohol or | 2 | | drug use under Section 11-501.01 of this Code. | 3 | | In determining whether an applicant is eligible for a | 4 | | restricted driving permit under this subparagraph (F), the | 5 | | Secretary may consider any relevant evidence, including, | 6 | | but not limited to, testimony, affidavits, records, and the | 7 | | results of regular alcohol or drug tests. Persons subject | 8 | | to the provisions of paragraph 4 of subsection (b) of | 9 | | Section 6-208 of this Code and who have been convicted of | 10 | | more than one violation of paragraph (3), paragraph (4), or | 11 | | paragraph (5) of subsection (a) of Section 11-501 of this | 12 | | Code shall not be eligible to apply for a restricted | 13 | | driving permit under this subparagraph (F). | 14 | | A restricted driving permit issued under this | 15 | | subparagraph (F) shall provide that the holder may only | 16 | | operate motor vehicles equipped with an ignition interlock | 17 | | device as required under paragraph (2) of subsection (c) of | 18 | | Section 6-205 of this Code and subparagraph (A) of | 19 | | paragraph 3 of subsection (c) of this Section. The | 20 | | Secretary may revoke a restricted driving permit or amend | 21 | | the conditions of a restricted driving permit issued under | 22 | | this subparagraph (F) if the holder operates a vehicle that | 23 | | is not equipped with an ignition interlock device, or for | 24 | | any other reason authorized under this Code. | 25 | | A restricted driving permit issued under this | 26 | | subparagraph (F) shall be revoked, and the holder barred |
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| 1 | | from applying for or being issued a restricted driving | 2 | | permit in the future, if the holder is convicted of a | 3 | | violation of Section 11-501 of this Code, a similar | 4 | | provision of a local ordinance, or a similar offense in | 5 | | another state. | 6 | | (c-3) In the case of a suspension under paragraph 43 of | 7 | | subsection (a), reports received by the Secretary of State | 8 | | under this Section shall, except during the actual time the | 9 | | suspension is in effect, be privileged information and for use | 10 | | only by the courts, police officers, prosecuting authorities, | 11 | | the driver licensing administrator of any other state, the | 12 | | Secretary of State, or the parent or legal guardian of a driver | 13 | | under the age of 18. However, beginning January 1, 2008, if the | 14 | | person is a CDL holder, the suspension shall also be made | 15 | | available to the driver licensing administrator of any other | 16 | | state, the U.S. Department of Transportation, and the affected | 17 | | driver or motor
carrier or prospective motor carrier upon | 18 | | request.
| 19 | | (c-4) In the case of a suspension under paragraph 43 of | 20 | | subsection (a), the Secretary of State shall notify the person | 21 | | by mail that his or her driving privileges and driver's license | 22 | | will be suspended one month after the date of the mailing of | 23 | | the notice.
| 24 | | (c-5) The Secretary of State may, as a condition of the | 25 | | reissuance of a
driver's license or permit to an applicant | 26 | | whose driver's license or permit has
been suspended before he |
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| 1 | | or she reached the age of 21 years pursuant to any of
the | 2 | | provisions of this Section, require the applicant to | 3 | | participate in a
driver remedial education course and be | 4 | | retested under Section 6-109 of this
Code.
| 5 | | (d) This Section is subject to the provisions of the | 6 | | Drivers License
Compact.
| 7 | | (e) The Secretary of State shall not issue a restricted | 8 | | driving permit to
a person under the age of 16 years whose | 9 | | driving privileges have been suspended
or revoked under any | 10 | | provisions of this Code.
| 11 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 12 | | State may not issue a restricted driving permit for the | 13 | | operation of a commercial motor vehicle to a person holding a | 14 | | CDL whose driving privileges have been suspended, revoked, | 15 | | cancelled, or disqualified under any provisions of this Code. | 16 | | (Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16; | 17 | | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16; | 18 | | 99-642, eff. 7-28-16; 100-803, eff. 1-1-19 .)
| 19 | | (625 ILCS 5/12-610.2)
| 20 | | (Text of Section before amendment by P.A. 100-858 ) | 21 | | Sec. 12-610.2. Electronic communication devices. | 22 | | (a) As used in this Section: | 23 | | "Electronic communication device" means an electronic | 24 | | device, including , but not limited to , a hand-held wireless | 25 | | telephone, hand-held personal digital assistant, or a portable |
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| 1 | | or mobile computer, but does not include a global positioning | 2 | | system or navigation system or a device that is physically or | 3 | | electronically integrated into the motor vehicle. | 4 | | (b) A person may not operate a motor vehicle on a roadway | 5 | | while using an electronic communication device. | 6 | | (b-5) A person commits aggravated use of an electronic | 7 | | communication device when he or she violates subsection (b) and | 8 | | in committing the violation he or she is was involved in a | 9 | | motor vehicle accident that results in great bodily harm, | 10 | | permanent disability, disfigurement, or death to another and | 11 | | the violation is was a proximate cause of the injury or death. | 12 | | (c) A second or subsequent violation of this Section is an | 13 | | offense against traffic regulations governing the movement of | 14 | | vehicles. A person who violates this Section shall be fined a | 15 | | maximum of $75 for a first offense, $100 for a second offense, | 16 | | $125 for a third offense, and $150 for a fourth or subsequent | 17 | | offense , except that a person who violates subsection (b-5) | 18 | | shall be assessed a minimum fine of $1,000 . | 19 | | (d) This Section does not apply to: | 20 | | (1) a law enforcement officer or operator of an | 21 | | emergency vehicle while performing his or her official | 22 | | duties; | 23 | | (1.5) a first responder, including a volunteer first | 24 | | responder responders , while operating his or her own | 25 | | personal motor vehicle using an electronic communication | 26 | | device for the sole purpose of receiving information about |
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| 1 | | an emergency situation while en route to performing his or | 2 | | her official duties; | 3 | | (2) a driver using an electronic communication device | 4 | | for the sole purpose of reporting an emergency situation | 5 | | and continued communication with emergency personnel | 6 | | during the emergency situation; | 7 | | (3) a driver using an electronic communication device | 8 | | in hands-free or voice-operated mode, which may include the | 9 | | use of a headset; | 10 | | (4) a driver of a commercial motor vehicle reading a | 11 | | message displayed on a permanently installed communication | 12 | | device designed for a commercial motor vehicle with a | 13 | | screen that does not exceed 10 inches tall by 10 inches | 14 | | wide in size; | 15 | | (5) a driver using an electronic communication device | 16 | | while parked on the shoulder of a roadway; | 17 | | (6) a driver using an electronic communication device | 18 | | when the vehicle is stopped due to normal traffic being | 19 | | obstructed and the driver has the motor vehicle | 20 | | transmission in neutral or park;
| 21 | | (7) a driver using two-way or citizens band radio | 22 | | services; | 23 | | (8) a driver using two-way mobile radio transmitters or | 24 | | receivers for licensees of the Federal Communications | 25 | | Commission in the amateur radio service; | 26 | | (9) a driver using an electronic communication device |
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| 1 | | by pressing a single button to initiate or terminate a | 2 | | voice communication; or | 3 | | (10) a driver using an electronic communication device | 4 | | capable of performing multiple functions, other than a | 5 | | hand-held wireless telephone or hand-held personal digital | 6 | | assistant (for example, a fleet management system, | 7 | | dispatching device, citizens band radio, or music player) | 8 | | for a purpose that is not otherwise prohibited by this | 9 | | Section. | 10 | | (e) A person convicted of violating subsection (b-5) | 11 | | commits a Class A misdemeanor if the violation resulted in | 12 | | great bodily harm, permanent disability, or disfigurement to | 13 | | another. A person convicted of violating subsection (b-5) | 14 | | commits a Class 4 felony if the violation resulted in the death | 15 | | of another person. | 16 | | (Source: P.A. 100-727, eff. 8-3-18; revised 10-15-18.) | 17 | | (Text of Section after amendment by P.A. 100-858 )
| 18 | | Sec. 12-610.2. Electronic communication devices. | 19 | | (a) As used in this Section: | 20 | | "Electronic communication device" means an electronic | 21 | | device, including , but not limited to , a hand-held wireless | 22 | | telephone, hand-held personal digital assistant, or a portable | 23 | | or mobile computer, but does not include a global positioning | 24 | | system or navigation system or a device that is physically or | 25 | | electronically integrated into the motor vehicle. |
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| 1 | | (b) A person may not operate a motor vehicle on a roadway | 2 | | while using an electronic communication device. | 3 | | (b-5) A person commits aggravated use of an electronic | 4 | | communication device when he or she violates subsection (b) and | 5 | | in committing the violation he or she is was involved in a | 6 | | motor vehicle accident that results in great bodily harm, | 7 | | permanent disability, disfigurement, or death to another and | 8 | | the violation is was a proximate cause of the injury or death. | 9 | | (c) A violation of this Section is an offense against | 10 | | traffic regulations governing the movement of vehicles. A | 11 | | person who violates this Section shall be fined a maximum of | 12 | | $75 for a first offense, $100 for a second offense, $125 for a | 13 | | third offense, and $150 for a fourth or subsequent offense , | 14 | | except that a person who violates subsection (b-5) shall be | 15 | | assessed a minimum fine of $1,000 . | 16 | | (d) This Section does not apply to: | 17 | | (1) a law enforcement officer or operator of an | 18 | | emergency vehicle while performing his or her official | 19 | | duties; | 20 | | (1.5) a first responder, including a volunteer first | 21 | | responder responders , while operating his or her own | 22 | | personal motor vehicle using an electronic communication | 23 | | device for the sole purpose of receiving information about | 24 | | an emergency situation while en route to performing his or | 25 | | her official duties; | 26 | | (2) a driver using an electronic communication device |
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| 1 | | for the sole purpose of reporting an emergency situation | 2 | | and continued communication with emergency personnel | 3 | | during the emergency situation; | 4 | | (3) a driver using an electronic communication device | 5 | | in hands-free or voice-operated mode, which may include the | 6 | | use of a headset; | 7 | | (4) a driver of a commercial motor vehicle reading a | 8 | | message displayed on a permanently installed communication | 9 | | device designed for a commercial motor vehicle with a | 10 | | screen that does not exceed 10 inches tall by 10 inches | 11 | | wide in size; | 12 | | (5) a driver using an electronic communication device | 13 | | while parked on the shoulder of a roadway; | 14 | | (6) a driver using an electronic communication device | 15 | | when the vehicle is stopped due to normal traffic being | 16 | | obstructed and the driver has the motor vehicle | 17 | | transmission in neutral or park;
| 18 | | (7) a driver using two-way or citizens band radio | 19 | | services; | 20 | | (8) a driver using two-way mobile radio transmitters or | 21 | | receivers for licensees of the Federal Communications | 22 | | Commission in the amateur radio service; | 23 | | (9) a driver using an electronic communication device | 24 | | by pressing a single button to initiate or terminate a | 25 | | voice communication; or | 26 | | (10) a driver using an electronic communication device |
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| 1 | | capable of performing multiple functions, other than a | 2 | | hand-held wireless telephone or hand-held personal digital | 3 | | assistant (for example, a fleet management system, | 4 | | dispatching device, citizens band radio, or music player) | 5 | | for a purpose that is not otherwise prohibited by this | 6 | | Section. | 7 | | (e) A person convicted of violating subsection (b-5) | 8 | | commits a Class A misdemeanor if the violation resulted in | 9 | | great bodily harm, permanent disability, or disfigurement to | 10 | | another. A person convicted of violating subsection (b-5) | 11 | | commits a Class 4 felony if the violation resulted in the death | 12 | | of another person. | 13 | | (Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19; | 14 | | revised 10-15-18.) | 15 | | Section 95. No acceleration or delay. Where this Act makes | 16 | | changes in a statute that is represented in this Act by text | 17 | | that is not yet or no longer in effect (for example, a Section | 18 | | represented by multiple versions), the use of that text does | 19 | | not accelerate or delay the taking effect of (i) the changes | 20 | | made by this Act or (ii) provisions derived from any other | 21 | | Public Act.
| 22 | | Section 99. Effective date. This Act takes effect July 1, | 23 | | 2020.
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