Full Text of SB2396 095th General Assembly
SB2396enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 6-205, 6-206, and 11-501.01 as follows:
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| (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
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| Sec. 6-205. Mandatory revocation of license or permit; | 8 |
| Hardship cases.
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| (a) Except as provided in this Section, the Secretary of | 10 |
| State shall
immediately revoke the license, permit, or driving | 11 |
| privileges of
any driver upon receiving a
report of the | 12 |
| driver's conviction of any of the following offenses:
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| 1. Reckless homicide resulting from the operation of a | 14 |
| motor vehicle;
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| 2. Violation of Section 11-501 of this Code or a | 16 |
| similar provision of
a local ordinance relating to the | 17 |
| offense of operating or being in physical
control of a | 18 |
| vehicle while under the influence of alcohol, other drug or
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| drugs, intoxicating compound or compounds, or any | 20 |
| combination thereof;
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| 3. Any felony under the laws of any State or the | 22 |
| federal government
in the commission of which a motor | 23 |
| vehicle was used;
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| 4. Violation of Section 11-401 of this Code relating to | 2 |
| the offense of
leaving the scene of a traffic accident | 3 |
| involving death or personal injury;
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| 5. Perjury or the making of a false affidavit or | 5 |
| statement under
oath to the Secretary of State under this | 6 |
| Code or under any
other law relating to the ownership or | 7 |
| operation of motor vehicles;
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| 6. Conviction upon 3 charges of violation of Section | 9 |
| 11-503 of this
Code relating to the offense of reckless | 10 |
| driving committed within a
period of 12 months;
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| 7. Conviction of any offense
defined in
Section 4-102 | 12 |
| of this Code;
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| 8. Violation of Section 11-504 of this Code relating to | 14 |
| the offense
of drag racing;
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| 9. Violation of Chapters 8 and 9 of this Code;
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| 10. Violation of Section 12-5 of the Criminal Code of | 17 |
| 1961 arising from
the use of a motor vehicle;
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| 11. Violation of Section 11-204.1 of this Code relating | 19 |
| to aggravated
fleeing or attempting to elude a peace | 20 |
| officer;
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| 12. Violation of paragraph (1) of subsection (b) of | 22 |
| Section 6-507,
or a similar law of any other state, | 23 |
| relating to the
unlawful operation of a commercial motor | 24 |
| vehicle;
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| 13. Violation of paragraph (a) of Section 11-502 of | 26 |
| this Code or a
similar provision of a local ordinance if |
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| the driver has been previously
convicted of a violation of | 2 |
| that Section or a similar provision of a local
ordinance | 3 |
| and the driver was less than 21 years of age at the time of | 4 |
| the
offense;
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| 14. Violation of Section 11-506 of this Code or a | 6 |
| similar provision of a local ordinance relating to the | 7 |
| offense of street racing.
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| (b) The Secretary of State shall also immediately revoke | 9 |
| the license
or permit of any driver in the following | 10 |
| situations:
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| 1. Of any minor upon receiving the notice provided for | 12 |
| in Section
5-901 of the Juvenile Court Act of 1987 that the | 13 |
| minor has been
adjudicated under that Act as having | 14 |
| committed an offense relating to
motor vehicles prescribed | 15 |
| in Section 4-103 of this Code;
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| 2. Of any person when any other law of this State | 17 |
| requires either the
revocation or suspension of a license | 18 |
| or permit;
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| 3. Of any person adjudicated under the Juvenile Court | 20 |
| Act of 1987 based on an offense determined to have been | 21 |
| committed in furtherance of the criminal activities of an | 22 |
| organized gang as provided in Section 5-710 of that Act, | 23 |
| and that involved the operation or use of a motor vehicle | 24 |
| or the use of a driver's license or permit. The revocation | 25 |
| shall remain in effect for the period determined by the | 26 |
| court. Upon the direction of the court, the Secretary shall |
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| issue the person a judicial driving permit, also known as a | 2 |
| JDP. The JDP shall be subject to the same terms as a JDP | 3 |
| issued under Section 6-206.1, except that the court may | 4 |
| direct that a JDP issued under this subdivision (b)(3) be | 5 |
| effective immediately.
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| (c) (1) Except as provided in subsection (c-5), | 7 |
| whenever a person is convicted of any of the offenses | 8 |
| enumerated in
this Section, the court may recommend and the | 9 |
| 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 | 12 |
| permit granting the privilege of driving a motor
vehicle | 13 |
| between the petitioner's residence and petitioner's place
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| of employment or within the scope of the petitioner's | 15 |
| employment related
duties, or to allow transportation for | 16 |
| the petitioner to transport himself or herself or a family | 17 |
| household member
of the petitioner's household to a medical | 18 |
| facility family for the receipt of necessary medical care | 19 |
| or to allow , provide transportation for the
petitioner to | 20 |
| transport himself or herself to and from alcohol or drug | 21 |
| remedial or rehabilitative activity recommended by a | 22 |
| licensed service provider, or to allow for the
petitioner | 23 |
| to transport himself or herself or a family member of the | 24 |
| petitioner's household to attend classes, as a student, at | 25 |
| in an accredited educational
institution , or to allow the | 26 |
| petitioner to transport children living in the |
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| petitioner's household to and from daycare ; if the | 2 |
| petitioner is able to demonstrate that no alternative means
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| of transportation is reasonably available and that the | 4 |
| petitioner will not endanger
the public safety or welfare; | 5 |
| provided that the Secretary's discretion shall be
limited | 6 |
| to cases where undue hardship, as defined by the rules of | 7 |
| the Secretary of State, would result from a failure to | 8 |
| issue the
restricted driving permit. Those multiple | 9 |
| offenders identified in subdivision (b)4 of Section 6-208 | 10 |
| of this Code, however, shall not be eligible for the | 11 |
| issuance of a restricted driving permit.
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| (2) If a person's license or permit is revoked or | 13 |
| suspended due to 2 or
more convictions of violating Section | 14 |
| 11-501 of this Code or a similar
provision of a local | 15 |
| ordinance or a similar out-of-state offense, or Section 9-3 | 16 |
| of the Criminal Code of 1961, where the use of alcohol or | 17 |
| other drugs is recited as an element of the offense, or a | 18 |
| similar out-of-state offense, or a combination of these | 19 |
| offenses, arising out
of separate occurrences, that | 20 |
| person, if issued a restricted driving permit,
may not | 21 |
| operate a vehicle unless it has been equipped with an | 22 |
| ignition
interlock device as defined in Section 1-129.1.
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| (3) If :
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| (A) a person's license or permit is revoked or | 25 |
| suspended 2 or more
times within a 10 year period due | 26 |
| to any combination of: |
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| (i)
(A) a single conviction of violating | 2 |
| Section
11-501 of this Code or a similar provision | 3 |
| of a local ordinance or a similar
out-of-state | 4 |
| offense, or Section 9-3 of the Criminal Code of | 5 |
| 1961, 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 | 8 |
| (ii)
(B) a statutory summary suspension under | 9 |
| Section
11-501.1; or | 10 |
| (iii)
(C) a suspension pursuant to Section | 11 |
| 6-203.1 ; ,
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| arising out of
separate occurrences ; , or | 13 |
| (B)
if a person has been convicted of one violation | 14 |
| of Section 6-303 of this Code committed while his or | 15 |
| her driver's license, permit, or privilege was revoked | 16 |
| because of a violation of Section 9-3 of the Criminal | 17 |
| Code of 1961, relating to the offense of reckless | 18 |
| homicide, or a similar provision of a law of another | 19 |
| state, | 20 |
| that person, if issued a restricted
driving permit, may not | 21 |
| operate a vehicle unless it has been equipped with an
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| ignition interlock device as defined in Section 1-129.1. | 23 |
| (4)
The person issued a permit conditioned on the use | 24 |
| of an ignition interlock device must pay to the Secretary | 25 |
| of State DUI Administration Fund an amount
not to exceed | 26 |
| $30 $20 per month. The Secretary shall establish by rule |
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| the amount
and the procedures, terms, and conditions | 2 |
| relating to these fees. | 3 |
| (5)
If the restricted driving permit is issued for | 4 |
| employment purposes, then
the prohibition against | 5 |
| operating a motor vehicle that is not equipped with an | 6 |
| ignition interlock device does not apply to the operation | 7 |
| of an occupational vehicle
owned or leased by that person's | 8 |
| employer when used solely for employment purposes. | 9 |
| (6)
In each case the Secretary of State may issue a
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| restricted driving permit for a period he deems | 11 |
| appropriate, except that the
permit shall expire within one | 12 |
| year from the date of issuance. The Secretary
may not, | 13 |
| however, issue a restricted driving permit to any person | 14 |
| whose current
revocation is the result of a second or | 15 |
| subsequent conviction for a violation
of Section 11-501 of | 16 |
| this Code or a similar provision of a local ordinance
or | 17 |
| any similar out-of-state offense, or Section 9-3 of the | 18 |
| Criminal Code of 1961, where the use of alcohol or other | 19 |
| drugs is recited as an element of the offense, or any | 20 |
| similar out-of-state offense, or any combination of these | 21 |
| offenses, until the expiration of at least one year from | 22 |
| the date of the
revocation. A restricted
driving permit | 23 |
| issued under this Section shall be
subject to cancellation, | 24 |
| revocation, and suspension by the Secretary of
State in | 25 |
| like manner and for like cause as a driver's license issued
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| under this Code may be cancelled, revoked, or
suspended; |
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| except that a conviction upon one or more offenses against | 2 |
| laws or
ordinances regulating the movement of traffic shall | 3 |
| be deemed sufficient cause
for the revocation, suspension, | 4 |
| or cancellation of a restricted driving permit.
The | 5 |
| Secretary of State may, as a condition to the issuance of a | 6 |
| restricted
driving permit, require the petitioner to | 7 |
| participate in a designated driver
remedial or | 8 |
| rehabilitative program. The Secretary of State is | 9 |
| authorized to
cancel a restricted driving permit if the | 10 |
| permit holder does not successfully
complete the program. | 11 |
| However, if an individual's driving privileges have been
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| revoked in accordance with paragraph 13 of subsection (a) | 13 |
| of this Section, no
restricted driving permit shall be | 14 |
| issued until the individual has served 6
months of the | 15 |
| revocation period.
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| (c-5) The Secretary may not issue a restricted driving | 17 |
| permit to any person who has been convicted of a second or | 18 |
| subsequent violation of Section 6-303 of this Code committed | 19 |
| while his or her driver's license, permit, or privilege was | 20 |
| revoked because of a violation of Section 9-3 of the Criminal | 21 |
| Code of 1961, relating to the offense of reckless homicide, or | 22 |
| a similar provision of a law of another state.
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| (d)(1) Whenever a person under the age of 21 is convicted | 24 |
| under Section
11-501 of this Code or a similar provision of a | 25 |
| local ordinance , or a similar out-of-state offense, the
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| Secretary of State shall revoke the driving privileges of that |
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| person. One
year after the date of revocation, and upon | 2 |
| application, the Secretary of
State may, if satisfied that the | 3 |
| person applying will not endanger the
public safety or welfare, | 4 |
| issue a restricted driving permit granting the
privilege of | 5 |
| driving a motor vehicle only between the hours of 5 a.m. and 9
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| p.m. or as otherwise provided by this Section for a period of | 7 |
| one year.
After this one year period, and upon reapplication | 8 |
| for a license as
provided in Section 6-106, upon payment of the | 9 |
| appropriate reinstatement
fee provided under paragraph (b) of | 10 |
| Section 6-118, the Secretary of State,
in his discretion, may
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| reinstate the petitioner's driver's license and driving | 12 |
| privileges, or extend the restricted driving permit as many | 13 |
| times as the
Secretary of State deems appropriate, by | 14 |
| additional periods of not more than
12 months each.
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| (2) If a person's license or permit is revoked or | 16 |
| suspended due to 2 or
more convictions of violating Section | 17 |
| 11-501 of this Code or a similar
provision of a local | 18 |
| ordinance or a similar out-of-state offense, or Section 9-3 | 19 |
| of the Criminal Code of 1961, where the use of alcohol or | 20 |
| other drugs is recited as an element of the offense, or a | 21 |
| similar out-of-state offense, or a combination of these | 22 |
| offenses, arising out
of separate occurrences, that | 23 |
| person, if issued a restricted driving permit,
may not | 24 |
| operate a vehicle unless it has been equipped with an | 25 |
| ignition
interlock device as defined in Section 1-129.1.
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| (3) If a person's license or permit is revoked or |
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| suspended 2 or more times
within a 10 year period due to | 2 |
| any combination of: | 3 |
| (A) a single conviction of violating Section | 4 |
| 11-501
of this
Code or a similar provision of a local | 5 |
| ordinance or a similar out-of-state
offense, or | 6 |
| Section 9-3 of the Criminal Code of 1961, where the use | 7 |
| of alcohol or other drugs is recited as an element of | 8 |
| the offense, or a similar out-of-state offense; or | 9 |
| (B)
a statutory summary suspension under Section | 10 |
| 11-501.1; or | 11 |
| (C) a suspension pursuant to Section 6-203.1 ; , | 12 |
| arising out of separate occurrences, that person, if issued | 13 |
| a
restricted
driving permit, may not operate a vehicle | 14 |
| unless it has been equipped with an
ignition interlock | 15 |
| device as defined in Section 1-129.1. | 16 |
| (4)
The person issued a permit conditioned upon the use | 17 |
| of an interlock device must pay to the Secretary of State | 18 |
| DUI Administration Fund an amount
not to exceed $30 $20 per | 19 |
| month. The Secretary shall establish by rule the amount
and | 20 |
| the procedures, terms, and conditions relating to these | 21 |
| fees. | 22 |
| (5)
If the restricted driving permit is issued for | 23 |
| employment purposes, then
the prohibition against driving | 24 |
| a vehicle that is not equipped with an ignition interlock | 25 |
| device does not apply to the operation of an occupational | 26 |
| vehicle
owned or leased by that person's employer when used |
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| solely for employment purposes. | 2 |
| (6) A
restricted driving permit issued under this | 3 |
| Section shall be subject to
cancellation, revocation, and | 4 |
| suspension by the Secretary of State in like
manner and for | 5 |
| like cause as a driver's license issued under this Code may | 6 |
| be
cancelled, revoked, or suspended; except that a | 7 |
| conviction upon one or more
offenses against laws or | 8 |
| ordinances regulating the movement of traffic
shall be | 9 |
| deemed sufficient cause for the revocation, suspension, or
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| cancellation of a restricted driving permit.
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| (d-5) The revocation of the license, permit, or driving | 12 |
| privileges of a person convicted of a third or subsequent | 13 |
| violation of Section 6-303 of this Code committed while his or | 14 |
| her driver's license, permit, or privilege was revoked because | 15 |
| of a violation of Section 9-3 of the Criminal Code of 1961, | 16 |
| relating to the offense of reckless homicide, or a similar | 17 |
| provision of a law of another state, is permanent. The | 18 |
| Secretary may not, at any time, issue a license or permit to | 19 |
| that person.
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| (e) This Section is subject to the provisions of the Driver | 21 |
| License
Compact.
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| (f) Any revocation imposed upon any person under | 23 |
| subsections 2
and 3 of paragraph (b) that is in effect on | 24 |
| December 31, 1988 shall be
converted to a suspension for a like | 25 |
| period of time.
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| (g) The Secretary of State shall not issue a restricted |
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| driving permit to
a person under the age of 16 years whose | 2 |
| driving privileges have been revoked
under any provisions of | 3 |
| this Code.
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| (h) The Secretary of State shall require the use of | 5 |
| ignition interlock
devices on all vehicles owned by a person an | 6 |
| individual who has been convicted of a
second or subsequent | 7 |
| offense under Section 11-501 of this Code or a similar
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| provision of a local ordinance. The person must pay to the | 9 |
| Secretary of State DUI Administration Fund an amount not to | 10 |
| exceed $30 for each month that he or she uses the device. The | 11 |
| Secretary shall establish by rule and
regulation the procedures | 12 |
| for certification and use of the interlock
system , the amount | 13 |
| of the fee, and the procedures, terms, and conditions relating | 14 |
| to these fees .
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| (i) (Blank).
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| (j) In accordance with 49 C.F.R. 384, the Secretary of | 17 |
| State may not issue a restricted driving permit for the | 18 |
| operation of a commercial motor vehicle to a person holding a | 19 |
| CDL whose driving privileges have been revoked, suspended, | 20 |
| cancelled, or disqualified under any provisions of this Code.
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| (Source: P.A. 94-307, eff. 9-30-05; 95-310, eff. 1-1-08; | 22 |
| 95-337, eff. 6-1-08; 95-377, eff. 1-1-08; 95-382, eff. 8-23-07; | 23 |
| 95-627, eff. 6-1-08; revised 11-16-07 .)
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| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
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| (Text of Section after amendment by P.A. 95-400 ) |
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| Sec. 6-206. Discretionary authority to suspend or revoke | 2 |
| license or
permit; Right to a hearing.
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| (a) The Secretary of State is authorized to suspend or | 4 |
| revoke the
driving privileges of any person without preliminary | 5 |
| hearing upon a showing
of the person's records or other | 6 |
| sufficient evidence that
the person:
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| 1. Has committed an offense for which mandatory | 8 |
| revocation of
a driver's license or permit is required upon | 9 |
| conviction;
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| 2. Has been convicted of not less than 3 offenses | 11 |
| against traffic
regulations governing the movement of | 12 |
| vehicles committed within any 12
month period. No | 13 |
| revocation or suspension shall be entered more than
6 | 14 |
| months after the date of last conviction;
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| 3. Has been repeatedly involved as a driver in motor | 16 |
| vehicle
collisions or has been repeatedly convicted of | 17 |
| offenses against laws and
ordinances regulating the | 18 |
| movement of traffic, to a degree that
indicates lack of | 19 |
| ability to exercise ordinary and reasonable care in
the | 20 |
| safe operation of a motor vehicle or disrespect for the | 21 |
| traffic laws
and the safety of other persons upon the | 22 |
| highway;
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| 4. Has by the unlawful operation of a motor vehicle | 24 |
| caused or
contributed to an accident resulting in death or | 25 |
| injury requiring
immediate professional treatment in a | 26 |
| medical facility or doctor's office
to any person, except |
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| that any suspension or revocation imposed by the
Secretary | 2 |
| of State under the provisions of this subsection shall | 3 |
| start no
later than 6 months after being convicted of | 4 |
| violating a law or
ordinance regulating the movement of | 5 |
| traffic, which violation is related
to the accident, or | 6 |
| shall start not more than one year
after
the date of the | 7 |
| accident, whichever date occurs later;
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| 5. Has permitted an unlawful or fraudulent use of a | 9 |
| driver's
license, identification card, or permit;
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| 6. Has been lawfully convicted of an offense or | 11 |
| offenses in another
state, including the authorization | 12 |
| contained in Section 6-203.1, which
if committed within | 13 |
| this State would be grounds for suspension or revocation;
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| 7. Has refused or failed to submit to an examination | 15 |
| provided for by
Section 6-207 or has failed to pass the | 16 |
| examination;
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| 8. Is ineligible for a driver's license or permit under | 18 |
| the provisions
of Section 6-103;
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| 9. Has made a false statement or knowingly concealed a | 20 |
| material fact
or has used false information or | 21 |
| identification in any application for a
license, | 22 |
| identification card, or permit;
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| 10. Has possessed, displayed, or attempted to | 24 |
| fraudulently use any
license, identification card, or | 25 |
| permit not issued to the person;
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| 11. Has operated a motor vehicle upon a highway of this |
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| State when
the person's driving privilege or privilege to | 2 |
| obtain a driver's license
or permit was revoked or | 3 |
| suspended unless the operation was authorized by
a | 4 |
| monitoring device driving permit, judicial driving permit | 5 |
| issued prior to January 1, 2009
the effective date of this | 6 |
| amendatory Act of the 95th General Assembly , probationary | 7 |
| license to drive, or a restricted
driving permit issued | 8 |
| under this Code;
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| 12. Has submitted to any portion of the application | 10 |
| process for
another person or has obtained the services of | 11 |
| another person to submit to
any portion of the application | 12 |
| process for the purpose of obtaining a
license, | 13 |
| identification card, or permit for some other person;
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| 13. Has operated a motor vehicle upon a highway of this | 15 |
| State when
the person's driver's license or permit was | 16 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
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| 14. Has committed a violation of Section 6-301, | 18 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 19 |
| of the Illinois Identification Card
Act;
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| 15. Has been convicted of violating Section 21-2 of the | 21 |
| Criminal Code
of 1961 relating to criminal trespass to | 22 |
| vehicles in which case, the suspension
shall be for one | 23 |
| year;
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| 16. Has been convicted of violating Section 11-204 of | 25 |
| this Code relating
to fleeing from a peace officer;
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| 17. Has refused to submit to a test, or tests, as |
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| required under Section
11-501.1 of this Code and the person | 2 |
| has not sought a hearing as
provided for in Section | 3 |
| 11-501.1;
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| 18. Has, since issuance of a driver's license or | 5 |
| permit, been adjudged
to be afflicted with or suffering | 6 |
| from any mental disability or disease;
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| 19. Has committed a violation of paragraph (a) or (b) | 8 |
| of Section 6-101
relating to driving without a driver's | 9 |
| license;
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| 20. Has been convicted of violating Section 6-104 | 11 |
| relating to
classification of driver's license;
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| 21. Has been convicted of violating Section 11-402 of
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| this Code relating to leaving the scene of an accident | 14 |
| resulting in damage
to a vehicle in excess of $1,000, in | 15 |
| which case the suspension shall be
for one year;
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| 22. Has used a motor vehicle in violating paragraph | 17 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 18 |
| the Criminal Code of 1961 relating
to unlawful use of | 19 |
| weapons, in which case the suspension shall be for one
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| year;
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| 23. Has, as a driver, been convicted of committing a | 22 |
| violation of
paragraph (a) of Section 11-502 of this Code | 23 |
| for a second or subsequent
time within one year of a | 24 |
| similar violation;
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| 24. Has been convicted by a court-martial or punished | 26 |
| by non-judicial
punishment by military authorities of the |
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| United States at a military
installation in Illinois of or | 2 |
| for a traffic related offense that is the
same as or | 3 |
| similar to an offense specified under Section 6-205 or | 4 |
| 6-206 of
this Code;
| 5 |
| 25. Has permitted any form of identification to be used | 6 |
| by another in
the application process in order to obtain or | 7 |
| attempt to obtain a license,
identification card, or | 8 |
| permit;
| 9 |
| 26. Has altered or attempted to alter a license or has | 10 |
| possessed an
altered license, identification card, or | 11 |
| permit;
| 12 |
| 27. Has violated Section 6-16 of the Liquor Control Act | 13 |
| of 1934;
| 14 |
| 28. Has been convicted of the illegal possession, while | 15 |
| operating or
in actual physical control, as a driver, of a | 16 |
| motor vehicle, of any
controlled substance prohibited | 17 |
| under the Illinois Controlled Substances
Act, any cannabis | 18 |
| prohibited under the Cannabis Control
Act, or any | 19 |
| methamphetamine prohibited under the Methamphetamine | 20 |
| Control and Community Protection Act, in which case the | 21 |
| person's driving privileges shall be suspended for
one | 22 |
| year, and any driver who is convicted of a second or | 23 |
| subsequent
offense, within 5 years of a previous | 24 |
| conviction, for the illegal
possession, while operating or | 25 |
| in actual physical control, as a driver, of
a motor | 26 |
| vehicle, of any controlled substance prohibited under the |
|
|
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LRB095 15370 EFG 45386 b |
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| 1 |
| Illinois Controlled Substances Act, any cannabis
| 2 |
| prohibited under the Cannabis Control Act, or any | 3 |
| methamphetamine prohibited under the Methamphetamine | 4 |
| Control and Community Protection Act shall be suspended for | 5 |
| 5 years.
Any defendant found guilty of this offense while | 6 |
| operating a motor vehicle,
shall have an entry made in the | 7 |
| court record by the presiding judge that
this offense did | 8 |
| occur while the defendant was operating a motor vehicle
and | 9 |
| order the clerk of the court to report the violation to the | 10 |
| Secretary
of State;
| 11 |
| 29. Has been convicted of the following offenses that | 12 |
| were committed
while the person was operating or in actual | 13 |
| physical control, as a driver,
of a motor vehicle: criminal | 14 |
| sexual assault,
predatory criminal sexual assault of a | 15 |
| child,
aggravated criminal sexual
assault, criminal sexual | 16 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 17 |
| soliciting for a juvenile prostitute and the manufacture, | 18 |
| sale or
delivery of controlled substances or instruments | 19 |
| used for illegal drug use
or abuse in which case the | 20 |
| driver's driving privileges shall be suspended
for one | 21 |
| year;
| 22 |
| 30. Has been convicted a second or subsequent time for | 23 |
| any
combination of the offenses named in paragraph 29 of | 24 |
| this subsection,
in which case the person's driving | 25 |
| privileges shall be suspended for 5
years;
| 26 |
| 31. Has refused to submit to a test as
required by |
|
|
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| 1 |
| Section 11-501.6 or has submitted to a test resulting in
an | 2 |
| alcohol concentration of 0.08 or more or any amount of a | 3 |
| drug, substance, or
compound resulting from the unlawful | 4 |
| use or consumption of cannabis as listed
in the Cannabis | 5 |
| Control Act, a controlled substance as listed in the | 6 |
| Illinois
Controlled Substances Act, an intoxicating | 7 |
| compound as listed in the Use of
Intoxicating Compounds | 8 |
| Act, or methamphetamine as listed in the Methamphetamine | 9 |
| Control and Community Protection Act, in which case the | 10 |
| penalty shall be
as prescribed in Section 6-208.1;
| 11 |
| 32. Has been convicted of Section 24-1.2 of the | 12 |
| Criminal Code of
1961 relating to the aggravated discharge | 13 |
| of a firearm if the offender was
located in a motor vehicle | 14 |
| at the time the firearm was discharged, in which
case the | 15 |
| suspension shall be for 3 years;
| 16 |
| 33. Has as a driver, who was less than 21 years of age | 17 |
| on the date of
the offense, been convicted a first time of | 18 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 19 |
| or a similar provision of a local ordinance;
| 20 |
| 34. Has committed a violation of Section 11-1301.5 of | 21 |
| this Code;
| 22 |
| 35. Has committed a violation of Section 11-1301.6 of | 23 |
| this Code;
| 24 |
| 36. Is under the age of 21 years at the time of arrest | 25 |
| and has been
convicted of not less than 2 offenses against | 26 |
| traffic regulations governing
the movement of vehicles |
|
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| 1 |
| committed within any 24 month period. No revocation
or | 2 |
| suspension shall be entered more than 6 months after the | 3 |
| date of last
conviction;
| 4 |
| 37. Has committed a violation of subsection (c) of | 5 |
| Section 11-907 of this
Code;
| 6 |
| 38. Has been convicted of a violation of Section 6-20 | 7 |
| of the Liquor
Control Act of 1934 or a similar provision of | 8 |
| a local ordinance;
| 9 |
| 39. Has committed a second or subsequent violation of | 10 |
| Section
11-1201 of this Code;
| 11 |
| 40. Has committed a violation of subsection (a-1) of | 12 |
| Section 11-908 of
this Code; | 13 |
| 41. Has committed a second or subsequent violation of | 14 |
| Section 11-605.1 of this Code within 2 years of the date of | 15 |
| the previous violation, in which case the suspension shall | 16 |
| be for 90 days; | 17 |
| 42. Has committed a violation of subsection (a-1) of | 18 |
| Section 11-1301.3 of this Code; or
| 19 |
| 43. Has received a disposition of court supervision for | 20 |
| a violation of subsection (a), (d), or (e) of Section 6-20 | 21 |
| of the Liquor
Control Act of 1934 or a similar provision of | 22 |
| a local ordinance, in which case the suspension shall be | 23 |
| for a period of 3 months ; .
| 24 |
| 44.
43. Is under the age of 21 years at the time of | 25 |
| arrest and has been convicted of an offense against traffic | 26 |
| regulations governing the movement of vehicles after |
|
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| 1 |
| having previously had his or her driving privileges
been | 2 |
| suspended or revoked pursuant to subparagraph 36 of this | 3 |
| Section ; or . | 4 |
| 45.
43. Has, in connection with or during the course of | 5 |
| a formal hearing conducted under Section 2-118 of this | 6 |
| Code: (i) committed perjury; (ii) submitted fraudulent or | 7 |
| falsified documents; (iii) submitted documents that have | 8 |
| been materially altered; or (iv) submitted, as his or her | 9 |
| own, documents that were in fact prepared or composed for | 10 |
| another person.
| 11 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 12 |
| and 27 of this
subsection, license means any driver's license, | 13 |
| any traffic ticket issued when
the person's driver's license is | 14 |
| deposited in lieu of bail, a suspension
notice issued by the | 15 |
| Secretary of State, a duplicate or corrected driver's
license, | 16 |
| a probationary driver's license or a temporary driver's | 17 |
| license.
| 18 |
| (b) If any conviction forming the basis of a suspension or
| 19 |
| revocation authorized under this Section is appealed, the
| 20 |
| Secretary of State may rescind or withhold the entry of the | 21 |
| order of suspension
or revocation, as the case may be, provided | 22 |
| that a certified copy of a stay
order of a court is filed with | 23 |
| the Secretary of State. If the conviction is
affirmed on | 24 |
| appeal, the date of the conviction shall relate back to the | 25 |
| time
the original judgment of conviction was entered and the 6 | 26 |
| month limitation
prescribed shall not apply.
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| (c) 1. Upon suspending or revoking the driver's license or | 2 |
| permit of
any person as authorized in this Section, the | 3 |
| Secretary of State shall
immediately notify the person in | 4 |
| writing of the revocation or suspension.
The notice to be | 5 |
| deposited in the United States mail, postage prepaid,
to | 6 |
| the last known address of the person.
| 7 |
| 2. If the Secretary of State suspends the driver's | 8 |
| license
of a person under subsection 2 of paragraph (a) of | 9 |
| this Section, a
person's privilege to operate a vehicle as | 10 |
| an occupation shall not be
suspended, provided an affidavit | 11 |
| is properly completed, the appropriate fee
received, and a | 12 |
| permit issued prior to the effective date of the
| 13 |
| suspension, unless 5 offenses were committed, at least 2 of | 14 |
| which occurred
while operating a commercial vehicle in | 15 |
| connection with the driver's
regular occupation. All other | 16 |
| driving privileges shall be suspended by the
Secretary of | 17 |
| State. Any driver prior to operating a vehicle for
| 18 |
| occupational purposes only must submit the affidavit on | 19 |
| forms to be
provided by the Secretary of State setting | 20 |
| forth the facts of the person's
occupation. The affidavit | 21 |
| shall also state the number of offenses
committed while | 22 |
| operating a vehicle in connection with the driver's regular
| 23 |
| occupation. The affidavit shall be accompanied by the | 24 |
| driver's license.
Upon receipt of a properly completed | 25 |
| affidavit, the Secretary of State
shall issue the driver a | 26 |
| permit to operate a vehicle in connection with the
driver's |
|
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| 1 |
| regular occupation only. Unless the permit is issued by the
| 2 |
| Secretary of State prior to the date of suspension, the | 3 |
| privilege to drive
any motor vehicle shall be suspended as | 4 |
| set forth in the notice that was
mailed under this Section. | 5 |
| If an affidavit is received subsequent to the
effective | 6 |
| date of this suspension, a permit may be issued for the | 7 |
| remainder
of the suspension period.
| 8 |
| The provisions of this subparagraph shall not apply to | 9 |
| any driver
required to possess a CDL for the purpose of | 10 |
| operating a commercial motor vehicle.
| 11 |
| Any person who falsely states any fact in the affidavit | 12 |
| required
herein shall be guilty of perjury under Section | 13 |
| 6-302 and upon conviction
thereof shall have all driving | 14 |
| privileges revoked without further rights.
| 15 |
| 3. At the conclusion of a hearing under Section 2-118 | 16 |
| of this Code,
the Secretary of State shall either rescind | 17 |
| or continue an order of
revocation or shall substitute an | 18 |
| order of suspension; or, good
cause appearing therefor, | 19 |
| rescind, continue, change, or extend the
order of | 20 |
| suspension. If the Secretary of State does not rescind the | 21 |
| order,
the Secretary may upon application,
to relieve undue | 22 |
| hardship (as defined by the rules of the Secretary of | 23 |
| State), issue
a restricted driving permit granting the | 24 |
| privilege of driving a motor
vehicle between the | 25 |
| petitioner's residence and petitioner's place of
| 26 |
| employment or within the scope of the petitioner's |
|
|
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| 1 |
| employment related duties, or to
allow transportation for | 2 |
| the petitioner to transport himself or herself , or a family | 3 |
| household member of the
petitioner's household to a medical | 4 |
| facility family , to receive necessary medical care, to | 5 |
| allow the petitioner to transport himself or herself | 6 |
| provide transportation to and from alcohol or drug
remedial | 7 |
| or rehabilitative activity recommended by a licensed | 8 |
| service provider, or to allow for the petitioner to | 9 |
| transport himself or herself or a family member of the | 10 |
| petitioner's household to attend
classes, as a student, at | 11 |
| in an accredited educational institution , or to allow the | 12 |
| petitioner to transport children living in the | 13 |
| petitioner's household to and from daycare . The
petitioner | 14 |
| must demonstrate that no alternative means of
| 15 |
| transportation is reasonably available and that the | 16 |
| petitioner will not endanger
the public safety or welfare. | 17 |
| Those multiple offenders identified in subdivision (b)4 of | 18 |
| Section 6-208 of this Code, however, shall not be eligible | 19 |
| for the issuance of a restricted driving permit.
| 20 |
| (A) If a person's license or permit is revoked or | 21 |
| suspended due to 2
or more convictions 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 9-3 | 24 |
| of the Criminal Code of 1961, where the use of alcohol or | 25 |
| other drugs is recited as an element of the offense, or a | 26 |
| similar out-of-state offense, or a combination of these |
|
|
|
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| 1 |
| offenses, arising out
of separate occurrences, that | 2 |
| person, if issued a restricted driving permit,
may not | 3 |
| operate a vehicle unless it has been equipped with an | 4 |
| ignition
interlock device as defined in Section 1-129.1.
| 5 |
| (B) If a person's license or permit is revoked or | 6 |
| suspended 2 or more
times within a 10 year period due to | 7 |
| any combination of: | 8 |
| (i) a single conviction 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 | 11 |
| 9-3 of the Criminal Code of 1961, where the use of | 12 |
| alcohol or other drugs is recited as an element of the | 13 |
| offense, or a similar out-of-state offense; or | 14 |
| (ii) a statutory summary suspension under Section
| 15 |
| 11-501.1; or | 16 |
| (iii) a suspension under Section 6-203.1, arising | 17 |
| out of
separate occurrences, that person, if issued a | 18 |
| restricted driving permit, may
not operate a vehicle | 19 |
| unless it has been
equipped with an ignition interlock | 20 |
| device as defined in Section 1-129.1. | 21 |
| (C)
The person issued a permit conditioned upon 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 $20 per month. The Secretary shall establish by rule | 25 |
| the amount
and the procedures, terms, and conditions | 26 |
| relating to these fees. |
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| (D) 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. | 7 |
| (E) In each case the Secretary may issue a
restricted | 8 |
| driving permit for a period deemed appropriate, except that | 9 |
| all
permits shall expire within one year from the date of | 10 |
| issuance. The Secretary
may not, however, issue a | 11 |
| restricted driving permit to any person whose current
| 12 |
| revocation is the result of a second or subsequent | 13 |
| conviction for a violation
of Section 11-501 of this Code | 14 |
| or a similar provision of a local ordinance
or any similar | 15 |
| out-of-state offense, or Section 9-3 of the Criminal Code | 16 |
| of 1961, where the use of alcohol or other drugs is recited | 17 |
| as an element of the offense, or any similar out-of-state | 18 |
| offense, or any combination
of those offenses, until the | 19 |
| expiration of at least one year from the date of
the | 20 |
| revocation. A
restricted driving permit issued under this | 21 |
| Section shall be subject to
cancellation, revocation, and | 22 |
| suspension by the Secretary of State in like
manner and for | 23 |
| like cause as a driver's license issued under this Code may | 24 |
| be
cancelled, revoked, or suspended; except that a | 25 |
| conviction upon one or more
offenses against laws or | 26 |
| ordinances regulating the movement of traffic
shall be |
|
|
|
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| 1 |
| deemed sufficient cause for the revocation, suspension, or
| 2 |
| cancellation of a restricted driving permit. The Secretary | 3 |
| of State may, as
a condition to the issuance of a | 4 |
| restricted driving permit, require the
applicant 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 |
| (c-3) In the case of a suspension under paragraph 43 of | 10 |
| subsection (a), reports received by the Secretary of State | 11 |
| under this Section shall, except during the actual time the | 12 |
| suspension is in effect, be privileged information and for use | 13 |
| only by the courts, police officers, prosecuting authorities, | 14 |
| the driver licensing administrator of any other state, or the | 15 |
| Secretary of State. However, beginning January 1, 2008, if the | 16 |
| person is a CDL holder, the suspension shall also be made | 17 |
| available to the driver licensing administrator of any other | 18 |
| state, the U.S. Department of Transportation, and the affected | 19 |
| driver or motor
carrier or prospective motor carrier upon | 20 |
| request.
| 21 |
| (c-4) In the case of a suspension under paragraph 43 of | 22 |
| subsection (a), the Secretary of State shall notify the person | 23 |
| by mail that his or her driving privileges and driver's license | 24 |
| will be suspended one month after the date of the mailing of | 25 |
| the notice.
| 26 |
| (c-5) The Secretary of State may, as a condition of the |
|
|
|
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| 1 |
| reissuance of a
driver's license or permit to an applicant | 2 |
| whose driver's license or permit has
been suspended before he | 3 |
| or she reached the age of 18 years pursuant to any of
the | 4 |
| provisions of this Section, require the applicant to | 5 |
| participate in a
driver remedial education course and be | 6 |
| retested under Section 6-109 of this
Code.
| 7 |
| (d) This Section is subject to the provisions of the | 8 |
| Drivers License
Compact.
| 9 |
| (e) The Secretary of State shall not issue a restricted | 10 |
| driving permit to
a person under the age of 16 years whose | 11 |
| driving privileges have been suspended
or revoked under any | 12 |
| provisions of this Code.
| 13 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of | 14 |
| State may not issue a restricted driving permit for the | 15 |
| operation of a commercial motor vehicle to a person holding a | 16 |
| CDL whose driving privileges have been suspended, revoked, | 17 |
| cancelled, or disqualified under any provisions of this Code. | 18 |
| (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; | 19 |
| 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; | 20 |
| 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; | 21 |
| revised 11-16-07.)
| 22 |
| (625 ILCS 5/11-501.01)
| 23 |
| Sec. 11-501.01. Additional administrative sanctions. | 24 |
| (a) After a finding of guilt and prior to any final | 25 |
| sentencing or an order for supervision, for an offense based |
|
|
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| 1 |
| upon an arrest for a violation of Section 11-501 or a similar | 2 |
| provision of a local ordinance, individuals shall be required | 3 |
| to undergo a professional evaluation to determine if an | 4 |
| alcohol, drug, or intoxicating compound abuse problem exists | 5 |
| and the extent of the problem, and undergo the imposition of | 6 |
| treatment as appropriate. Programs conducting these | 7 |
| evaluations shall be licensed by the Department of Human | 8 |
| Services. The cost of any professional evaluation shall be paid | 9 |
| for by the individual required to undergo the professional | 10 |
| evaluation. | 11 |
| (b) Any person who is found guilty of or pleads guilty to | 12 |
| violating Section 11-501, including any person receiving a | 13 |
| disposition of court supervision for violating that Section, | 14 |
| may be required by the Court to attend a victim impact panel | 15 |
| offered by, or under contract with, a county State's Attorney's | 16 |
| office, a probation and court services department, Mothers | 17 |
| Against Drunk Driving, or the Alliance Against Intoxicated | 18 |
| Motorists. All costs generated by the victim impact panel shall | 19 |
| be paid from fees collected from the offender or as may be | 20 |
| determined by the court. | 21 |
| (c) Every person found guilty of violating Section 11-501, | 22 |
| whose operation of a motor vehicle while in violation of that | 23 |
| Section proximately caused any incident resulting in an | 24 |
| appropriate emergency response, shall be liable for the expense | 25 |
| of an emergency response as provided in subsection (i) of this | 26 |
| Section. |
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|
| 1 |
| (d) The Secretary of State shall revoke the driving | 2 |
| privileges of any person convicted under Section 11-501 or a | 3 |
| similar provision of a local ordinance. | 4 |
| (e) The Secretary of State shall require the use of | 5 |
| ignition interlock devices on all vehicles owned by a person an | 6 |
| individual who has been convicted of a second or subsequent | 7 |
| offense of Section 11-501 or a similar provision of a local | 8 |
| ordinance. The person must pay to the Secretary of State DUI | 9 |
| Administration Fund an amount not to exceed $30 for each month | 10 |
| that he or she uses the device. The Secretary shall establish | 11 |
| by rule and regulation the procedures for certification and use | 12 |
| of the interlock system , the amount of the fee, and the | 13 |
| procedures, terms, and conditions relating to these fees . | 14 |
| (f) In addition to any other penalties and liabilities, a | 15 |
| person who is found guilty of or pleads guilty to violating | 16 |
| Section 11-501, including any person placed on court | 17 |
| supervision for violating Section 11-501, shall be assessed | 18 |
| $500, payable to the circuit clerk, who shall distribute the | 19 |
| money as follows: 20% to the law enforcement agency that made | 20 |
| the arrest, and 80% shall be forwarded to the State Treasurer | 21 |
| for deposit into the General Revenue Fund. If the person has | 22 |
| been previously convicted of violating Section 11-501 or a | 23 |
| similar provision of a local ordinance, the fine shall be | 24 |
| $1,000. In the event that more than one agency is responsible | 25 |
| for the arrest, the amount payable to law enforcement agencies | 26 |
| shall be shared equally. Any moneys received by a law |
|
|
|
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| 1 |
| enforcement agency under this subsection (f) shall be used to | 2 |
| purchase law enforcement equipment that will assist in the | 3 |
| prevention of alcohol related criminal violence throughout the | 4 |
| State. This shall include, but is not limited to, in-car video | 5 |
| cameras, radar and laser speed detection devices, and alcohol | 6 |
| breath testers. Any moneys received by the Department of State | 7 |
| Police under this subsection (f) shall be deposited into the | 8 |
| State Police DUI Fund and shall be used to purchase law | 9 |
| enforcement equipment that will assist in the prevention of | 10 |
| alcohol related criminal violence throughout the State. | 11 |
| (g) The Secretary of State Police DUI Fund is created as a | 12 |
| special fund in the State treasury. All moneys received by the | 13 |
| Secretary of State Police under subsection (f) of this Section | 14 |
| shall be deposited into the Secretary of State Police DUI Fund | 15 |
| and, subject to appropriation, shall be used to purchase law | 16 |
| enforcement equipment to assist in the prevention of alcohol | 17 |
| related criminal violence throughout the State. | 18 |
| (h) Whenever an individual is sentenced for an offense | 19 |
| based upon an arrest for a violation of Section 11-501 or a | 20 |
| similar provision of a local ordinance, and the professional | 21 |
| evaluation recommends remedial or rehabilitative treatment or | 22 |
| education, neither the treatment nor the education shall be the | 23 |
| sole disposition and either or both may be imposed only in | 24 |
| conjunction with another disposition. The court shall monitor | 25 |
| compliance with any remedial education or treatment | 26 |
| recommendations contained in the professional evaluation. |
|
|
|
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| 1 |
| Programs conducting alcohol or other drug evaluation or | 2 |
| remedial education must be licensed by the Department of Human | 3 |
| Services. If the individual is not a resident of Illinois, | 4 |
| however, the court may accept an alcohol or other drug | 5 |
| evaluation or remedial education program in the individual's | 6 |
| state of residence. Programs providing treatment must be | 7 |
| licensed under existing applicable alcoholism and drug | 8 |
| treatment licensure standards. | 9 |
| (i) In addition to any other fine or penalty required by | 10 |
| law, an individual convicted of a violation of Section 11-501, | 11 |
| Section 5-7 of the Snowmobile Registration and Safety Act, | 12 |
| Section 5-16 of the Boat Registration and Safety Act, or a | 13 |
| similar provision, whose operation of a motor vehicle, | 14 |
| snowmobile, or watercraft while in violation of Section 11-501, | 15 |
| Section 5-7 of the Snowmobile Registration and Safety Act, | 16 |
| Section 5-16 of the Boat Registration and Safety Act, or a | 17 |
| similar provision proximately caused an incident resulting in | 18 |
| an appropriate emergency response, shall be required to make | 19 |
| restitution to a public agency for the costs of that emergency | 20 |
| response. The restitution may not exceed $1,000 per public | 21 |
| agency for each emergency response. As used in this subsection | 22 |
| (i), "emergency response" means any incident requiring a | 23 |
| response by a police officer, a firefighter carried on the | 24 |
| rolls of a regularly constituted fire department, or an | 25 |
| ambulance.
| 26 |
| (Source: P.A. 95-578, eff. 6-1-08.)
|
|