Full Text of HB2862 97th General Assembly
HB2862 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2862 Introduced 2/22/2011, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-208 | from Ch. 95 1/2, par. 6-208 |
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Amends the Illinois Vehicle Code. Provides that certain persons ineligible to re-apply for a license may instead apply for a restricted driving permit after the expiration of 3 years from the effective date of the most recent revocation, provided: the person proves by a preponderance of the evidence a minimum 3 years of uninterrupted sobriety from alcohol and other drugs; the person proves by a preponderance of the evidence a minimum 3 years of active, weekly involvement in a recognized support program designed to assist persons to remain sober from alcohol and other drugs; and the person may only operate vehicles fitted with an interlock ignition device. Provides that the Secretary of State shall cancel a restricted driving permit issued under the above conditions if the holder fails to comply with the interlock ignition device requirements and that such a person shall be ineligible to re-apply for restricted driving privileges. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 6-208 as follows:
| 6 | | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| 7 | | Sec. 6-208. Period of Suspension - Application After | 8 | | Revocation.
| 9 | | (a) Except as otherwise provided by this Code or any other | 10 | | law of this
State, the Secretary of State shall not suspend a | 11 | | driver's license,
permit, or privilege to drive a motor vehicle | 12 | | on the highways for a
period of more than one year.
| 13 | | (b) Any person whose license, permit, or privilege to drive | 14 | | a motor
vehicle on the highways has been revoked shall not be | 15 | | entitled to have
such license, permit, or privilege renewed or | 16 | | restored. However, such
person may, except as provided under | 17 | | subsections (d) and (d-5) of Section 6-205, make
application | 18 | | for a license pursuant to Section 6-106 (i) if the revocation
| 19 | | was
for a cause that
has been removed or (ii) as provided in | 20 | | the following
subparagraphs:
| 21 | | 1. Except as provided in subparagraphs 1.5, 2, 3,
4, | 22 | | and 5,
the person may make application for a license (A) | 23 | | after the expiration of one
year from the effective date of |
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| 1 | | the revocation, (B) in the case of a violation of paragraph | 2 | | (b) of Section 11-401 of this
Code or a similar provision | 3 | | of a local ordinance, after the expiration of 3
years from | 4 | | the effective date of the revocation, or
(C) in the case of | 5 | | a violation
of Section 9-3 of the Criminal Code of 1961 or | 6 | | a similar provision of a law of another state relating to | 7 | | the offense of reckless
homicide or a violation of | 8 | | subparagraph (F) of paragraph 1 of subsection (d) of | 9 | | Section 11-501 of this Code relating to aggravated driving | 10 | | under the influence of alcohol, other drug or drugs, | 11 | | intoxicating compound or compounds, or any combination | 12 | | thereof, if the violation was the proximate cause of a | 13 | | death, after the expiration of 2 years from the effective | 14 | | date of the
revocation
or after the expiration of 24 months | 15 | | from the date of release from
a
period of imprisonment as | 16 | | provided in Section
6-103 of this Code, whichever is later.
| 17 | | 1.5. If the person is convicted of a violation of | 18 | | Section 6-303 of this Code committed while his or her | 19 | | driver's license, permit, or privilege was revoked because | 20 | | of a violation of Section 9-3 of the Criminal Code of 1961, | 21 | | relating to the offense of reckless homicide, or a similar | 22 | | provision of a law of another state, the person may not | 23 | | make application for a license or permit until the | 24 | | expiration of 3 years from the date of the conviction.
| 25 | | 2. If such person is convicted of committing a second | 26 | | violation within a 20-year
period of:
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| 1 | | (A) Section 11-501 of this Code or a similar | 2 | | provision of a local
ordinance;
| 3 | | (B) Paragraph (b) of Section 11-401 of this Code or | 4 | | a similar
provision
of a local ordinance;
| 5 | | (C) Section 9-3 of the Criminal Code of 1961, | 6 | | relating
to the
offense of reckless homicide; or
| 7 | | (D) any combination of the above offenses | 8 | | committed at different
instances;
| 9 | | then such person may not make application for a license | 10 | | until after
the expiration of 5 years from the effective | 11 | | date of the most recent
revocation. The 20-year
period | 12 | | shall be computed by using the dates the
offenses were | 13 | | committed and shall also include similar out-of-state
| 14 | | offenses and similar offenses committed on a military | 15 | | installation.
| 16 | | 2.5. If a person is convicted of a second violation of | 17 | | Section 6-303 of this Code committed while the person's | 18 | | driver's license, permit, or privilege was revoked because | 19 | | of a violation of Section 9-3 of the Criminal Code of 1961, | 20 | | relating to the offense of reckless homicide, or a similar | 21 | | provision of a law of another state, the person may not | 22 | | make application for a license or permit until the | 23 | | expiration of 5 years from the date of release from a term | 24 | | of imprisonment.
| 25 | | 3. However, except as provided in subparagraph 4, if | 26 | | such person is
convicted of committing a third or
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| 1 | | subsequent violation or any combination of the above | 2 | | offenses, including
similar out-of-state offenses and | 3 | | similar offenses committed on a military installation, | 4 | | contained in subparagraph 2, then such person
may not make | 5 | | application for a license until after the expiration of 10 | 6 | | years
from the effective date of the most recent | 7 | | revocation.
| 8 | | 4. The person may not make application for a license if | 9 | | the person is
convicted of committing a fourth or | 10 | | subsequent
violation of Section 11-501 of this Code or a | 11 | | similar provision of a local
ordinance, Section 11-401 of | 12 | | this Code, Section 9-3 of the
Criminal Code of 1961, or
a | 13 | | combination of these offenses,
similar provisions of local | 14 | | ordinances,
similar out-of-state offenses, or similar | 15 | | offenses committed on a military installation.
| 16 | | 4.5. If a person is
convicted of a combination of 4 or | 17 | | more offenses which include a violation of Section 11-501 | 18 | | of this Code or a similar provision of a local
ordinance, | 19 | | Section 11-401 of this Code, or Section 9-3 of the
Criminal | 20 | | Code of 1961, or
a combination of violations of
similar | 21 | | provisions of local ordinances,
similar out-of-state | 22 | | offenses, or similar offenses committed on a military | 23 | | installation, the person may make application for a | 24 | | restricted driving permit after the expiration of 3 years | 25 | | from the effective date of the most recent revocation, | 26 | | provided: |
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| 1 | | (A) the person proves by a preponderance of the | 2 | | evidence a minimum 3 years of uninterrupted sobriety | 3 | | from alcohol, other drug or drugs, intoxicating | 4 | | compound or compounds, or any combination thereof; | 5 | | (B) the person proves by a preponderance of the | 6 | | evidence a minimum 3 years of active, weekly | 7 | | involvement in a recognized support program designed | 8 | | to assist persons to remain sober from alcohol or drugs | 9 | | other than those medically necessary and properly | 10 | | prescribed; and | 11 | | (C) upon the Secretary's approval of the | 12 | | application for a restricted driving permit, the | 13 | | person may only operate vehicles fitted with an | 14 | | interlock ignition device as defined in Section | 15 | | 1-129.1 of this Code. | 16 | | In determining whether an applicant is eligible for a | 17 | | restricted driving permit under this subparagraph 4.5, the | 18 | | Secretary may consider any relevant evidence, including | 19 | | but not limited to testimony, affidavits, records, and the | 20 | | results of regular alcohol or drug tests. | 21 | | The Secretary shall cancel a restricted driving permit | 22 | | issued under this subparagraph 4.5 if the holder operates a | 23 | | vehicle that is not equipped with an interlock ignition | 24 | | device. Any person whose restricted driving permit is | 25 | | cancelled due to failure to comply with the interlock | 26 | | ignition device requirement of this subparagraph 4.5 shall |
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| 1 | | be ineligible to re-apply for restricted driving | 2 | | privileges. | 3 | | 5. The person may not make application for a license or | 4 | | permit if the person is convicted of a third or subsequent | 5 | | violation of Section 6-303 of this Code committed while his | 6 | | or her driver's license, permit, or privilege was revoked | 7 | | because of a violation of Section 9-3 of the Criminal Code | 8 | | of 1961, relating to the offense of reckless homicide, or a | 9 | | similar provision of a law of another state.
| 10 | | Notwithstanding any other provision of this Code, all | 11 | | persons referred to
in this paragraph (b) may not have their | 12 | | privileges restored until the
Secretary receives payment of the | 13 | | required reinstatement fee pursuant to
subsection (b) of | 14 | | Section 6-118.
| 15 | | In no event shall the Secretary issue such license
unless | 16 | | and until such person has had a hearing pursuant to this Code | 17 | | and
the appropriate administrative rules and the Secretary is
| 18 | | satisfied, after a review or investigation of such person, that
| 19 | | to grant the privilege of driving a motor vehicle on the | 20 | | highways will
not endanger the public safety or welfare.
| 21 | | (c) (Blank).
| 22 | | (Source: P.A. 95-331, eff. 8-21-07; 95-355, eff. 1-1-08; | 23 | | 95-377, eff. 1-1-08; 95-876, eff. 8-21-08; 96-607, eff. | 24 | | 8-24-09.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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