Full Text of HB3037 100th General Assembly
HB3037 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3037 Introduced , by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-205 | |
625 ILCS 5/6-206 | |
625 ILCS 5/11-501.01 | |
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Amends the Illinois Vehicle Code. Provides that for offenses committed before January 1, 2017, the Secretary of State shall require the use of ignition interlock devices for a period of not less than 5 years on all vehicles owned by a person who has been convicted of a second or subsequent offense of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof or a similar provision of a local ordinance. Provides that for offenses committed on or after January 1, 2017, the Secretary shall require the use of ignition interlock devices for a period of not less than 5 years on all vehicles owned by a person who has been convicted of a second or subsequent offense of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof or a similar provision of a local ordinance or out-of-state offense, Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 in which the use of alcohol or other drugs is recited as an element of the offense or a similar out-of-state offense, or a combination of these offenses arising out of separate occurrences, if that person is issued a restricted driving permit. Makes conforming changes.
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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 | | Sections 6-205, 6-206, and 11-501.01 as follows:
| 6 | | (625 ILCS 5/6-205)
| 7 | | Sec. 6-205. Mandatory revocation of license or permit; | 8 | | Hardship cases.
| 9 | | (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:
| 13 | | 1. Reckless homicide resulting from the operation of a | 14 | | motor vehicle;
| 15 | | 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
| 19 | | drugs, intoxicating compound or compounds, or any | 20 | | combination thereof;
| 21 | | 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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| 1 | | 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;
| 4 | | 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;
| 8 | | 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;
| 11 | | 7. Conviction of any offense
defined in
Section 4-102 | 12 | | of this Code;
| 13 | | 8. Violation of Section 11-504 of this Code relating to | 14 | | the offense
of drag racing;
| 15 | | 9. Violation of Chapters 8 and 9 of this Code;
| 16 | | 10. Violation of Section 12-5 of the Criminal Code of | 17 | | 1961 or the Criminal Code of 2012 arising from
the use of a | 18 | | motor vehicle;
| 19 | | 11. Violation of Section 11-204.1 of this Code relating | 20 | | to aggravated
fleeing or attempting to elude a peace | 21 | | officer;
| 22 | | 12. Violation of paragraph (1) of subsection (b) of | 23 | | Section 6-507,
or a similar law of any other state, | 24 | | relating to the
unlawful operation of a commercial motor | 25 | | vehicle;
| 26 | | 13. Violation of paragraph (a) of Section 11-502 of |
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| 1 | | this Code or a
similar provision of a local ordinance if | 2 | | the driver has been previously
convicted of a violation of | 3 | | that Section or a similar provision of a local
ordinance | 4 | | and the driver was less than 21 years of age at the time of | 5 | | the
offense;
| 6 | | 14. Violation of paragraph (a) of Section 11-506 of | 7 | | this Code or a similar provision of a local ordinance | 8 | | relating to the offense of street racing;
| 9 | | 15. A second or subsequent conviction of driving while | 10 | | the person's driver's license, permit or privileges was | 11 | | revoked for reckless homicide or a similar out-of-state | 12 | | offense; | 13 | | 16. Any offense against any provision in this Code, or | 14 | | any local ordinance, regulating the
movement of traffic | 15 | | when that offense was the proximate cause of the death of | 16 | | any person. Any person whose driving privileges have been | 17 | | revoked pursuant to this paragraph may seek to have the | 18 | | revocation terminated or to have the length of revocation | 19 | | reduced by requesting an administrative hearing with the | 20 | | Secretary of State prior to the projected driver's license | 21 | | application eligibility date; | 22 | | 17. Violation of subsection (a-2) of Section 11-1301.3 | 23 | | of this Code or a similar provision of a local ordinance; | 24 | | 18. A second or subsequent conviction of illegal | 25 | | possession, while operating or in actual physical control, | 26 | | as a driver, of a motor vehicle, of any controlled |
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| 1 | | substance prohibited under the Illinois Controlled | 2 | | Substances Act, any cannabis prohibited under the Cannabis | 3 | | Control Act, or any methamphetamine prohibited under the | 4 | | Methamphetamine Control and Community Protection Act. A | 5 | | defendant found guilty of this offense while operating a | 6 | | motor vehicle
shall have an entry made in the court record | 7 | | by the presiding judge that
this offense did occur while | 8 | | the defendant was operating a motor vehicle
and order the | 9 | | clerk of the court to report the violation to the Secretary
| 10 | | of State. | 11 | | (b) The Secretary of State shall also immediately revoke | 12 | | the license
or permit of any driver in the following | 13 | | situations:
| 14 | | 1. Of any minor upon receiving the notice provided for | 15 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 16 | | minor has been
adjudicated under that Act as having | 17 | | committed an offense relating to
motor vehicles prescribed | 18 | | in Section 4-103 of this Code;
| 19 | | 2. Of any person when any other law of this State | 20 | | requires either the
revocation or suspension of a license | 21 | | or permit;
| 22 | | 3. Of any person adjudicated under the Juvenile Court | 23 | | Act of 1987 based on an offense determined to have been | 24 | | committed in furtherance of the criminal activities of an | 25 | | organized gang as provided in Section 5-710 of that Act, | 26 | | and that involved the operation or use of a motor vehicle |
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| 1 | | or the use of a driver's license or permit. The revocation | 2 | | shall remain in effect for the period determined by the | 3 | | court. | 4 | | (c)(1) Whenever a person is convicted of any of the | 5 | | offenses enumerated in
this Section, the court may recommend | 6 | | and the Secretary of State in his
discretion, without regard to | 7 | | whether the recommendation is made by the
court may, upon | 8 | | application,
issue to the person a
restricted driving permit | 9 | | granting the privilege of driving a motor
vehicle between the | 10 | | petitioner's residence and petitioner's place
of employment or | 11 | | within the scope of the petitioner's employment related
duties, | 12 | | or to allow the petitioner to transport himself or herself or a | 13 | | family member
of the petitioner's household to a medical | 14 | | facility for the receipt of necessary medical care or to allow | 15 | | the
petitioner to transport himself or herself to and from | 16 | | alcohol or drug remedial or rehabilitative activity | 17 | | recommended by a licensed service provider, or to allow the
| 18 | | petitioner to transport himself or herself or a family member | 19 | | of the petitioner's household to classes, as a student, at an | 20 | | accredited educational
institution, or to allow the petitioner | 21 | | to transport children, elderly persons, or persons with | 22 | | disabilities who do not hold driving privileges and are living | 23 | | in the petitioner's household to and from daycare; if the | 24 | | petitioner is able to demonstrate that no alternative means
of | 25 | | transportation is reasonably available and that the petitioner | 26 | | will not endanger
the public safety or welfare; provided that |
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| 1 | | the Secretary's discretion shall be
limited to cases where | 2 | | undue hardship, as defined by the rules of the Secretary of | 3 | | State, would result from a failure to issue the
restricted | 4 | | driving permit.
| 5 | | (1.5) 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 | 11 | | release from a period of imprisonment resulting from a | 12 | | conviction of the most recent offense, whichever is later, | 13 | | provided the person, in addition to all other requirements | 14 | | of the Secretary, shows by clear and convincing evidence: | 15 | | (A) 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 | | (B) 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 paragraph (1.5), 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. | 14 | | A restricted driving permit issued under this | 15 | | paragraph (1.5) 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 | | this Section and subparagraph (A) of paragraph 3 of | 19 | | subsection (c) of Section 6-206 of this Code. The Secretary | 20 | | may revoke a restricted driving permit or amend the | 21 | | conditions of a restricted driving permit issued under this | 22 | | paragraph (1.5) if the holder operates a vehicle that is | 23 | | not equipped with an ignition interlock device, or for any | 24 | | other reason authorized under this Code. | 25 | | A restricted driving permit issued under this | 26 | | paragraph (1.5) 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 subsequently | 3 | | convicted of a violation of Section 11-501 of this Code, a | 4 | | similar provision of a local ordinance, or a similar | 5 | | offense in another state. | 6 | | (2) If a person's license or permit is revoked or | 7 | | suspended due to 2 or
more convictions of violating Section | 8 | | 11-501 of this Code or a similar
provision of a local | 9 | | ordinance or a similar out-of-state offense, or Section 9-3 | 10 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 11 | | where the use of alcohol or other drugs is recited as an | 12 | | element of the offense, or a similar out-of-state offense, | 13 | | or a combination of these offenses, arising out
of separate | 14 | | occurrences, that person, if issued a restricted driving | 15 | | permit,
may not operate a vehicle unless it has been | 16 | | equipped with an ignition
interlock device as defined in | 17 | | Section 1-129.1.
| 18 | | (3) If:
| 19 | | (A) 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 | 23 | | local ordinance or a similar
out-of-state offense, | 24 | | or Section 9-3 of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012, where the use of alcohol or | 26 | | other drugs is recited as an element of the |
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| 1 | | offense, or a similar out-of-state offense; or | 2 | | (ii)
a statutory summary suspension or | 3 | | revocation under Section
11-501.1; or | 4 | | (iii)
a suspension pursuant to Section | 5 | | 6-203.1;
| 6 | | arising out of
separate occurrences; or | 7 | | (B)
a person has been convicted of one violation of | 8 | | subparagraph (C) or (F) of paragraph (1) of subsection | 9 | | (d) of Section 11-501 of this Code, Section 9-3 of the | 10 | | Criminal Code of 1961 or the Criminal Code of 2012, | 11 | | relating to the offense of reckless homicide where the | 12 | | use of alcohol or other drugs was recited as an element | 13 | | of the offense, or a similar provision of a law of | 14 | | another state;
| 15 | | that person, if issued a restricted
driving permit, may not | 16 | | operate a vehicle unless it has been equipped with an
| 17 | | ignition interlock device as defined in Section 1-129.1. | 18 | | (4)
The person issued a permit conditioned on the use | 19 | | of an ignition interlock device must pay to the Secretary | 20 | | of State DUI Administration Fund an amount
not to exceed | 21 | | $30 per month. The Secretary shall establish by rule the | 22 | | amount
and the procedures, terms, and conditions relating | 23 | | to these fees. | 24 | | (5)
If the restricted driving permit is issued for | 25 | | employment purposes, then
the prohibition against | 26 | | operating a motor vehicle that is not equipped with an |
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| 1 | | ignition interlock device does not apply to the operation | 2 | | of an occupational vehicle
owned or leased by that person's | 3 | | employer when used solely for employment purposes. For any | 4 | | person who, within a 5-year period, is convicted of a | 5 | | second or subsequent offense under Section 11-501 of this | 6 | | Code, or a similar provision of a local ordinance or | 7 | | similar out-of-state offense, this employment exemption | 8 | | does not apply until either a one-year period has elapsed | 9 | | during which that person had his or her driving privileges | 10 | | revoked or a one-year period has elapsed during which that | 11 | | person had a restricted driving permit which required the | 12 | | use of an ignition interlock device on every motor vehicle | 13 | | owned or operated by that person. | 14 | | (6)
In each case the Secretary of State may issue a
| 15 | | restricted driving permit for a period he deems | 16 | | appropriate, except that the
permit shall expire within one | 17 | | year from the date of issuance. A restricted
driving permit | 18 | | issued under this Section shall be
subject to cancellation, | 19 | | revocation, and suspension by the Secretary of
State in | 20 | | like manner and for like cause as a driver's license issued
| 21 | | under this Code may be cancelled, revoked, or
suspended; | 22 | | except that a conviction upon one or more offenses against | 23 | | laws or
ordinances regulating the movement of traffic shall | 24 | | be deemed sufficient cause
for the revocation, suspension, | 25 | | or cancellation of a restricted driving permit.
The | 26 | | Secretary of State may, as a condition to the issuance of a |
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| 1 | | restricted
driving permit, require the petitioner to | 2 | | participate in a designated driver
remedial or | 3 | | rehabilitative program. The Secretary of State is | 4 | | authorized to
cancel a restricted driving permit if the | 5 | | permit holder does not successfully
complete the program. | 6 | | However, if an individual's driving privileges have been
| 7 | | revoked in accordance with paragraph 13 of subsection (a) | 8 | | of this Section, no
restricted driving permit shall be | 9 | | issued until the individual has served 6
months of the | 10 | | revocation period.
| 11 | | (c-5) (Blank).
| 12 | | (c-6) If a person is convicted of a second violation of | 13 | | operating a motor vehicle while the person's driver's license, | 14 | | permit or privilege was revoked, where the revocation was for a | 15 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012 relating to the offense of reckless | 17 | | homicide or a similar out-of-state offense, the person's | 18 | | driving privileges shall be revoked pursuant to subdivision | 19 | | (a)(15) of this Section. The person may not make application | 20 | | for a license or permit until the expiration of five years from | 21 | | the effective date of the revocation or the expiration of five | 22 | | years from the date of release from a term of imprisonment, | 23 | | whichever is later. | 24 | | (c-7) If a person is convicted of a third or subsequent | 25 | | violation of operating a motor vehicle while the person's | 26 | | driver's license, permit or privilege was revoked, where the |
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| 1 | | revocation was for a violation of Section 9-3 of the Criminal | 2 | | Code of 1961 or the Criminal Code of 2012 relating to the | 3 | | offense of reckless homicide or a similar out-of-state offense, | 4 | | the person may never apply for a license or permit. | 5 | | (d)(1) Whenever a person under the age of 21 is convicted | 6 | | under Section
11-501 of this Code or a similar provision of a | 7 | | local ordinance or a similar out-of-state offense, the
| 8 | | Secretary of State shall revoke the driving privileges of that | 9 | | person. One
year after the date of revocation, and upon | 10 | | application, the Secretary of
State may, if satisfied that the | 11 | | person applying will not endanger the
public safety or welfare, | 12 | | issue a restricted driving permit granting the
privilege of | 13 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 14 | | p.m. or as otherwise provided by this Section for a period of | 15 | | one year.
After this one-year period, and upon reapplication | 16 | | for a license as
provided in Section 6-106, upon payment of the | 17 | | appropriate reinstatement
fee provided under paragraph (b) of | 18 | | Section 6-118, the Secretary of State,
in his discretion, may
| 19 | | reinstate the petitioner's driver's license and driving | 20 | | privileges, or extend the restricted driving permit as many | 21 | | times as the
Secretary of State deems appropriate, by | 22 | | additional periods of not more than
12 months each.
| 23 | | (2) If a person's license or permit is revoked or | 24 | | suspended due to 2 or
more convictions of violating Section | 25 | | 11-501 of this Code or a similar
provision of a local | 26 | | ordinance or a similar out-of-state offense, or Section 9-3 |
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| 1 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 2 | | where the use of alcohol or other drugs is recited as an | 3 | | element of the offense, or a similar out-of-state offense, | 4 | | or a combination of these offenses, arising out
of separate | 5 | | occurrences, that person, if issued a restricted driving | 6 | | permit,
may not operate a vehicle unless it has been | 7 | | equipped with an ignition
interlock device as defined in | 8 | | Section 1-129.1.
| 9 | | (3) If a person's license or permit is revoked or | 10 | | suspended 2 or more times
due to any combination of: | 11 | | (A) a single conviction of violating Section | 12 | | 11-501
of this
Code or a similar provision of a local | 13 | | ordinance or a similar out-of-state
offense, or | 14 | | Section 9-3 of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012, where the use of alcohol or | 16 | | other drugs is recited as an element of the offense, or | 17 | | a similar out-of-state offense; or | 18 | | (B)
a statutory summary suspension or revocation | 19 | | under Section 11-501.1; or | 20 | | (C) a suspension pursuant to Section 6-203.1; | 21 | | arising out of separate occurrences, that person, if issued | 22 | | a
restricted
driving permit, may not operate a vehicle | 23 | | unless it has been equipped with an
ignition interlock | 24 | | device as defined in Section 1-129.1. | 25 | | (3.5) If a person's license or permit is revoked or | 26 | | suspended due to a conviction for a violation of |
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| 1 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 2 | | of Section 11-501 of this Code, or a similar provision of a | 3 | | local ordinance or similar out-of-state offense, that | 4 | | person, if issued a restricted driving permit, may not | 5 | | operate a vehicle unless it has been equipped with an | 6 | | ignition interlock device as defined in Section 1-129.1. | 7 | | (4)
The person issued a permit conditioned upon the use | 8 | | of an interlock device must pay to the Secretary of State | 9 | | DUI Administration Fund an amount
not to exceed $30 per | 10 | | month. The Secretary shall establish by rule the amount
and | 11 | | the procedures, terms, and conditions relating to these | 12 | | fees. | 13 | | (5)
If the restricted driving permit is issued for | 14 | | employment purposes, then
the prohibition against driving | 15 | | a vehicle that is not equipped with an ignition interlock | 16 | | device does not apply to the operation of an occupational | 17 | | vehicle
owned or leased by that person's employer when used | 18 | | solely for employment purposes. For any person who, within | 19 | | a 5-year period, is convicted of a second or subsequent | 20 | | offense under Section 11-501 of this Code, or a similar | 21 | | provision of a local ordinance or similar out-of-state | 22 | | offense, this employment exemption does not apply until | 23 | | either a one-year period has elapsed during which that | 24 | | person had his or her driving privileges revoked or a | 25 | | one-year period has elapsed during which that person had a | 26 | | restricted driving permit which required the use of an |
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| 1 | | ignition interlock device on every motor vehicle owned or | 2 | | operated by that person. | 3 | | (6) A
restricted driving permit issued under this | 4 | | Section shall be subject to
cancellation, revocation, and | 5 | | suspension by the Secretary of State in like
manner and for | 6 | | like cause as a driver's license issued under this Code may | 7 | | be
cancelled, revoked, or suspended; except that a | 8 | | conviction upon one or more
offenses against laws or | 9 | | ordinances regulating the movement of traffic
shall be | 10 | | deemed sufficient cause for the revocation, suspension, or
| 11 | | cancellation of a restricted driving permit.
| 12 | | (d-5) The revocation of the license, permit, or driving | 13 | | privileges of a person convicted of a third or subsequent | 14 | | violation of Section 6-303 of this Code committed while his or | 15 | | her driver's license, permit, or privilege was revoked because | 16 | | of a violation of Section 9-3 of the Criminal Code of 1961 or | 17 | | the Criminal Code of 2012, relating to the offense of reckless | 18 | | homicide, or a similar provision of a law of another state, is | 19 | | permanent. The Secretary may not, at any time, issue a license | 20 | | or permit to that person.
| 21 | | (e) This Section is subject to the provisions of the Driver | 22 | | License
Compact.
| 23 | | (f) Any revocation imposed upon any person under | 24 | | subsections 2
and 3 of paragraph (b) that is in effect on | 25 | | December 31, 1988 shall be
converted to a suspension for a like | 26 | | period of time.
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| 1 | | (g) The Secretary of State shall not issue a restricted | 2 | | driving permit to
a person under the age of 16 years whose | 3 | | driving privileges have been revoked
under any provisions of | 4 | | this Code.
| 5 | | (h) For offenses committed before January 1, 2017, the The | 6 | | Secretary of State shall require the use of ignition interlock
| 7 | | devices for a period not less than 5 years on all vehicles | 8 | | owned by a person who has been convicted of a
second or | 9 | | subsequent offense under Section 11-501 of this Code or a | 10 | | similar
provision of a local ordinance. For offenses committed | 11 | | on or after January 1, 2017, the Secretary of State shall | 12 | | require the use of ignition interlock devices for a period of | 13 | | not less than 5 years on all vehicles owned by a person who has | 14 | | been convicted of a second or subsequent offense under Section | 15 | | 11-501 of this Code or a similar provision of a local ordinance | 16 | | or out-of-state offense, Section 9-3 of the Criminal Code of | 17 | | 1961 or the Criminal Code of 2012 in which the use of alcohol | 18 | | or other drugs is recited as an element of the offense or a | 19 | | similar out-of-state offense, or a combination of these | 20 | | offenses arising out of separate occurrences, if that person is | 21 | | issued a restricted driving permit. A person required to use an | 22 | | ignition interlock device under this subsection (h) The person | 23 | | must pay to the Secretary of State DUI Administration Fund an | 24 | | amount not to exceed $30 for each month that he or she uses the | 25 | | device. The Secretary shall establish by rule and
regulation | 26 | | the procedures for certification and use of the interlock
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| 1 | | system, the amount of the fee, and the procedures, terms, and | 2 | | conditions relating to these fees. During the time period in | 3 | | which a person is required to install an ignition interlock | 4 | | device under this subsection (h), that person shall only | 5 | | operate vehicles in which ignition interlock devices have been | 6 | | installed, except as allowed by subdivision (c)(5) or (d)(5) of | 7 | | this Section.
| 8 | | (i) (Blank).
| 9 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 10 | | State may not issue a restricted driving permit for the | 11 | | operation of a commercial motor vehicle to a person holding a | 12 | | CDL whose driving privileges have been revoked, suspended, | 13 | | cancelled, or disqualified under any provisions of this Code.
| 14 | | (k) The Secretary of State shall notify by mail any person | 15 | | whose driving privileges have been revoked under paragraph 16 | 16 | | of subsection (a) of this Section that his or her driving | 17 | | privileges and driver's license will be revoked 90 days from | 18 | | the date of the mailing of the notice. | 19 | | (Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15; | 20 | | 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16; | 21 | | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. | 22 | | 7-28-16.)
| 23 | | (625 ILCS 5/6-206)
| 24 | | Sec. 6-206. Discretionary authority to suspend or revoke | 25 | | license or
permit; right to a hearing.
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| 1 | | (a) The Secretary of State is authorized to suspend or | 2 | | revoke the
driving privileges of any person without preliminary | 3 | | hearing upon a showing
of the person's records or other | 4 | | sufficient evidence that
the person:
| 5 | | 1. Has committed an offense for which mandatory | 6 | | revocation of
a driver's license or permit is required upon | 7 | | conviction;
| 8 | | 2. Has been convicted of not less than 3 offenses | 9 | | against traffic
regulations governing the movement of | 10 | | vehicles committed within any 12
month period. No | 11 | | revocation or suspension shall be entered more than
6 | 12 | | months after the date of last conviction;
| 13 | | 3. Has been repeatedly involved as a driver in motor | 14 | | vehicle
collisions or has been repeatedly convicted of | 15 | | offenses against laws and
ordinances regulating the | 16 | | movement of traffic, to a degree that
indicates lack of | 17 | | ability to exercise ordinary and reasonable care in
the | 18 | | safe operation of a motor vehicle or disrespect for the | 19 | | traffic laws
and the safety of other persons upon the | 20 | | highway;
| 21 | | 4. Has by the unlawful operation of a motor vehicle | 22 | | caused or
contributed to an accident resulting in injury | 23 | | requiring
immediate professional treatment in a medical | 24 | | facility or doctor's office
to any person, except that any | 25 | | suspension or revocation imposed by the
Secretary of State | 26 | | under the provisions of this subsection shall start no
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| 1 | | later than 6 months after being convicted of violating a | 2 | | law or
ordinance regulating the movement of traffic, which | 3 | | violation is related
to the accident, or shall start not | 4 | | more than one year
after
the date of the accident, | 5 | | whichever date occurs later;
| 6 | | 5. Has permitted an unlawful or fraudulent use of a | 7 | | driver's
license, identification card, or permit;
| 8 | | 6. Has been lawfully convicted of an offense or | 9 | | offenses in another
state, including the authorization | 10 | | contained in Section 6-203.1, which
if committed within | 11 | | this State would be grounds for suspension or revocation;
| 12 | | 7. Has refused or failed to submit to an examination | 13 | | provided for by
Section 6-207 or has failed to pass the | 14 | | examination;
| 15 | | 8. Is ineligible for a driver's license or permit under | 16 | | the provisions
of Section 6-103;
| 17 | | 9. Has made a false statement or knowingly concealed a | 18 | | material fact
or has used false information or | 19 | | identification in any application for a
license, | 20 | | identification card, or permit;
| 21 | | 10. Has possessed, displayed, or attempted to | 22 | | fraudulently use any
license, identification card, or | 23 | | permit not issued to the person;
| 24 | | 11. Has operated a motor vehicle upon a highway of this | 25 | | State when
the person's driving privilege or privilege to | 26 | | obtain a driver's license
or permit was revoked or |
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| 1 | | suspended unless the operation was authorized by
a | 2 | | monitoring device driving permit, judicial driving permit | 3 | | issued prior to January 1, 2009, probationary license to | 4 | | drive, or a restricted
driving permit issued under this | 5 | | Code;
| 6 | | 12. Has submitted to any portion of the application | 7 | | process for
another person or has obtained the services of | 8 | | another person to submit to
any portion of the application | 9 | | process for the purpose of obtaining a
license, | 10 | | identification card, or permit for some other person;
| 11 | | 13. Has operated a motor vehicle upon a highway of this | 12 | | State when
the person's driver's license or permit was | 13 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 14 | | 14. Has committed a violation of Section 6-301, | 15 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | 16 | | 14B of the Illinois Identification Card
Act;
| 17 | | 15. Has been convicted of violating Section 21-2 of the | 18 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 19 | | to criminal trespass to vehicles in which case, the | 20 | | suspension
shall be for one year;
| 21 | | 16. Has been convicted of violating Section 11-204 of | 22 | | this Code relating
to fleeing from a peace officer;
| 23 | | 17. Has refused to submit to a test, or tests, as | 24 | | required under Section
11-501.1 of this Code and the person | 25 | | has not sought a hearing as
provided for in Section | 26 | | 11-501.1;
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| 1 | | 18. Has, since issuance of a driver's license or | 2 | | permit, been adjudged
to be afflicted with or suffering | 3 | | from any mental disability or disease;
| 4 | | 19. Has committed a violation of paragraph (a) or (b) | 5 | | of Section 6-101
relating to driving without a driver's | 6 | | license;
| 7 | | 20. Has been convicted of violating Section 6-104 | 8 | | relating to
classification of driver's license;
| 9 | | 21. Has been convicted of violating Section 11-402 of
| 10 | | this Code relating to leaving the scene of an accident | 11 | | resulting in damage
to a vehicle in excess of $1,000, in | 12 | | which case the suspension shall be
for one year;
| 13 | | 22. Has used a motor vehicle in violating paragraph | 14 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 15 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 16 | | relating
to unlawful use of weapons, in which case the | 17 | | suspension shall be for one
year;
| 18 | | 23. Has, as a driver, been convicted of committing a | 19 | | violation of
paragraph (a) of Section 11-502 of this Code | 20 | | for a second or subsequent
time within one year of a | 21 | | similar violation;
| 22 | | 24. Has been convicted by a court-martial or punished | 23 | | by non-judicial
punishment by military authorities of the | 24 | | United States at a military
installation in Illinois or in | 25 | | another state of or for a traffic related offense that is | 26 | | the
same as or similar to an offense specified under |
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| 1 | | Section 6-205 or 6-206 of
this Code;
| 2 | | 25. Has permitted any form of identification to be used | 3 | | by another in
the application process in order to obtain or | 4 | | attempt to obtain a license,
identification card, or | 5 | | permit;
| 6 | | 26. Has altered or attempted to alter a license or has | 7 | | possessed an
altered license, identification card, or | 8 | | permit;
| 9 | | 27. Has violated Section 6-16 of the Liquor Control Act | 10 | | of 1934;
| 11 | | 28. Has been convicted for a first time of the illegal | 12 | | possession, while operating or
in actual physical control, | 13 | | as a driver, of a motor vehicle, of any
controlled | 14 | | substance prohibited under the Illinois Controlled | 15 | | Substances
Act, any cannabis prohibited under the Cannabis | 16 | | Control
Act, or any methamphetamine prohibited under the | 17 | | Methamphetamine Control and Community Protection Act, in | 18 | | which case the person's driving privileges shall be | 19 | | suspended for
one year.
Any defendant found guilty of this | 20 | | offense while operating a motor vehicle,
shall have an | 21 | | entry made in the court record by the presiding judge that
| 22 | | this offense did occur while the defendant was operating a | 23 | | motor vehicle
and order the clerk of the court to report | 24 | | the violation to the Secretary
of State;
| 25 | | 29. Has been convicted of the following offenses that | 26 | | were committed
while the person was operating or in actual |
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| 1 | | physical control, as a driver,
of a motor vehicle: criminal | 2 | | sexual assault,
predatory criminal sexual assault of a | 3 | | child,
aggravated criminal sexual
assault, criminal sexual | 4 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 5 | | soliciting for a juvenile prostitute, promoting juvenile | 6 | | prostitution as described in subdivision (a)(1), (a)(2), | 7 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 8 | | or the Criminal Code of 2012, and the manufacture, sale or
| 9 | | delivery of controlled substances or instruments used for | 10 | | illegal drug use
or abuse in which case the driver's | 11 | | driving privileges shall be suspended
for one year;
| 12 | | 30. Has been convicted a second or subsequent time for | 13 | | any
combination of the offenses named in paragraph 29 of | 14 | | this subsection,
in which case the person's driving | 15 | | privileges shall be suspended for 5
years;
| 16 | | 31. Has refused to submit to a test as
required by | 17 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 18 | | Registration and Safety Act or has submitted to a test | 19 | | resulting in
an alcohol concentration of 0.08 or more or | 20 | | any amount of a drug, substance, or
compound resulting from | 21 | | the unlawful use or consumption of cannabis as listed
in | 22 | | the Cannabis Control Act, a controlled substance as listed | 23 | | in the Illinois
Controlled Substances Act, an intoxicating | 24 | | compound as listed in the Use of
Intoxicating Compounds | 25 | | Act, or methamphetamine as listed in the Methamphetamine | 26 | | Control and Community Protection Act, in which case the |
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| 1 | | penalty shall be
as prescribed in Section 6-208.1;
| 2 | | 32. Has been convicted of Section 24-1.2 of the | 3 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 4 | | to the aggravated discharge of a firearm if the offender | 5 | | was
located in a motor vehicle at the time the firearm was | 6 | | discharged, in which
case the suspension shall be for 3 | 7 | | years;
| 8 | | 33. Has as a driver, who was less than 21 years of age | 9 | | on the date of
the offense, been convicted a first time of | 10 | | a violation of paragraph (a) of
Section 11-502 of this Code | 11 | | or a similar provision of a local ordinance;
| 12 | | 34. Has committed a violation of Section 11-1301.5 of | 13 | | this Code or a similar provision of a local ordinance;
| 14 | | 35. Has committed a violation of Section 11-1301.6 of | 15 | | this Code or a similar provision of a local ordinance;
| 16 | | 36. Is under the age of 21 years at the time of arrest | 17 | | and has been
convicted of not less than 2 offenses against | 18 | | traffic regulations governing
the movement of vehicles | 19 | | committed within any 24 month period. No revocation
or | 20 | | suspension shall be entered more than 6 months after the | 21 | | date of last
conviction;
| 22 | | 37. Has committed a violation of subsection (c) of | 23 | | Section 11-907 of this
Code that resulted in damage to the | 24 | | property of another or the death or injury of another;
| 25 | | 38. Has been convicted of a violation of Section 6-20 | 26 | | of the Liquor
Control Act of 1934 or a similar provision of |
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| 1 | | a local ordinance;
| 2 | | 39. Has committed a second or subsequent violation of | 3 | | Section
11-1201 of this Code;
| 4 | | 40. Has committed a violation of subsection (a-1) of | 5 | | Section 11-908 of
this Code; | 6 | | 41. Has committed a second or subsequent violation of | 7 | | Section 11-605.1 of this Code, a similar provision of a | 8 | | local ordinance, or a similar violation in any other state | 9 | | within 2 years of the date of the previous violation, in | 10 | | which case the suspension shall be for 90 days; | 11 | | 42. Has committed a violation of subsection (a-1) of | 12 | | Section 11-1301.3 of this Code or a similar provision of a | 13 | | local ordinance;
| 14 | | 43. Has received a disposition of court supervision for | 15 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 16 | | of the Liquor
Control Act of 1934 or a similar provision of | 17 | | a local ordinance, in which case the suspension shall be | 18 | | for a period of 3 months;
| 19 | | 44.
Is under the age of 21 years at the time of arrest | 20 | | and has been convicted of an offense against traffic | 21 | | regulations governing the movement of vehicles after | 22 | | having previously had his or her driving privileges
| 23 | | suspended or revoked pursuant to subparagraph 36 of this | 24 | | Section; | 25 | | 45.
Has, in connection with or during the course of a | 26 | | formal hearing conducted under Section 2-118 of this Code: |
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| 1 | | (i) committed perjury; (ii) submitted fraudulent or | 2 | | falsified documents; (iii) submitted documents that have | 3 | | been materially altered; or (iv) submitted, as his or her | 4 | | own, documents that were in fact prepared or composed for | 5 | | another person; | 6 | | 46. Has committed a violation of subsection (j) of | 7 | | Section 3-413 of this Code;
| 8 | | 47. Has committed a violation of Section 11-502.1 of | 9 | | this Code; or | 10 | | 48. Has submitted a falsified or altered medical | 11 | | examiner's certificate to the Secretary of State or | 12 | | provided false information to obtain a medical examiner's | 13 | | certificate. | 14 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 15 | | and 27 of this
subsection, license means any driver's license, | 16 | | any traffic ticket issued when
the person's driver's license is | 17 | | deposited in lieu of bail, a suspension
notice issued by the | 18 | | Secretary of State, a duplicate or corrected driver's
license, | 19 | | a probationary driver's license or a temporary driver's | 20 | | license. | 21 | | (b) If any conviction forming the basis of a suspension or
| 22 | | revocation authorized under this Section is appealed, the
| 23 | | Secretary of State may rescind or withhold the entry of the | 24 | | order of suspension
or revocation, as the case may be, provided | 25 | | that a certified copy of a stay
order of a court is filed with | 26 | | the Secretary of State. If the conviction is
affirmed on |
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| 1 | | appeal, the date of the conviction shall relate back to the | 2 | | time
the original judgment of conviction was entered and the 6 | 3 | | month limitation
prescribed shall not apply.
| 4 | | (c) 1. Upon suspending or revoking the driver's license or | 5 | | permit of
any person as authorized in this Section, the | 6 | | Secretary of State shall
immediately notify the person in | 7 | | writing of the revocation or suspension.
The notice to be | 8 | | deposited in the United States mail, postage prepaid,
to the | 9 | | last known address of the person.
| 10 | | 2. If the Secretary of State suspends the driver's license
| 11 | | of a person under subsection 2 of paragraph (a) of this | 12 | | Section, a
person's privilege to operate a vehicle as an | 13 | | occupation shall not be
suspended, provided an affidavit is | 14 | | properly completed, the appropriate fee
received, and a permit | 15 | | issued prior to the effective date of the
suspension, unless 5 | 16 | | offenses were committed, at least 2 of which occurred
while | 17 | | operating a commercial vehicle in connection with the driver's
| 18 | | regular occupation. All other driving privileges shall be | 19 | | suspended by the
Secretary of State. Any driver prior to | 20 | | operating a vehicle for
occupational purposes only must submit | 21 | | the affidavit on forms to be
provided by the Secretary of State | 22 | | setting forth the facts of the person's
occupation. The | 23 | | affidavit shall also state the number of offenses
committed | 24 | | while operating a vehicle in connection with the driver's | 25 | | regular
occupation. The affidavit shall be accompanied by the | 26 | | driver's license.
Upon receipt of a properly completed |
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| 1 | | affidavit, the Secretary of State
shall issue the driver a | 2 | | permit to operate a vehicle in connection with the
driver's | 3 | | regular occupation only. Unless the permit is issued by the
| 4 | | Secretary of State prior to the date of suspension, the | 5 | | privilege to drive
any motor vehicle shall be suspended as set | 6 | | forth in the notice that was
mailed under this Section. If an | 7 | | affidavit is received subsequent to the
effective date of this | 8 | | suspension, a permit may be issued for the remainder
of the | 9 | | suspension period.
| 10 | | The provisions of this subparagraph shall not apply to any | 11 | | driver
required to possess a CDL for the purpose of operating a | 12 | | commercial motor vehicle.
| 13 | | Any person who falsely states any fact in the affidavit | 14 | | required
herein shall be guilty of perjury under Section 6-302 | 15 | | and upon conviction
thereof shall have all driving privileges | 16 | | revoked without further rights.
| 17 | | 3. At the conclusion of a hearing under Section 2-118 of | 18 | | this Code,
the Secretary of State shall either rescind or | 19 | | continue an order of
revocation or shall substitute an order of | 20 | | suspension; or, good
cause appearing therefor, rescind, | 21 | | continue, change, or extend the
order of suspension. If the | 22 | | Secretary of State does not rescind the order,
the Secretary | 23 | | may upon application,
to relieve undue hardship (as defined by | 24 | | the rules of the Secretary of State), issue
a restricted | 25 | | driving permit granting the privilege of driving a motor
| 26 | | vehicle between the petitioner's residence and petitioner's |
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| 1 | | place of
employment or within the scope of the petitioner's | 2 | | employment related duties, or to
allow the petitioner to | 3 | | transport himself or herself, or a family member of the
| 4 | | petitioner's household to a medical facility, to receive | 5 | | necessary medical care, to allow the petitioner to transport | 6 | | himself or herself to and from alcohol or drug
remedial or | 7 | | rehabilitative activity recommended by a licensed service | 8 | | provider, or to allow the petitioner to transport himself or | 9 | | herself or a family member of the petitioner's household to | 10 | | classes, as a student, at an accredited educational | 11 | | institution, or to allow the petitioner to transport children, | 12 | | elderly persons, or persons with disabilities who do not hold | 13 | | driving privileges and are living in the petitioner's household | 14 | | to and from daycare. The
petitioner must demonstrate that no | 15 | | alternative means of
transportation is reasonably available | 16 | | and that the petitioner will not endanger
the public safety or | 17 | | welfare.
| 18 | | (A) The Secretary of State shall require the use of | 19 | | ignition interlock devices for a period of not less than 5 | 20 | | years if 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 or the Criminal Code of 2012, | 25 | | in which where the use of alcohol or other drugs is recited | 26 | | as an element of the offense, or a similar out-of-state |
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| 1 | | offense, or a combination of these offenses, arising out
of | 2 | | separate occurrences, that person, if that person is issued | 3 | | a restricted driving permit ,
may not operate a vehicle | 4 | | unless it has been equipped with an ignition
interlock | 5 | | device as defined in Section 1-129.1 .
| 6 | | (B) If a person's license or permit is revoked or | 7 | | suspended 2 or more
times due to 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 or the Criminal Code | 12 | | of 2012, where the use of alcohol or other drugs is | 13 | | recited as an element of the offense, or a similar | 14 | | out-of-state offense; or | 15 | | (ii) a statutory summary suspension or revocation | 16 | | under Section
11-501.1; or | 17 | | (iii) a suspension under Section 6-203.1; | 18 | | arising out of
separate occurrences; that person, if issued | 19 | | a restricted driving permit, may
not operate a vehicle | 20 | | unless it has been
equipped with an ignition interlock | 21 | | device as defined in Section 1-129.1. | 22 | | (B-5) If a person's license or permit is revoked or | 23 | | suspended due to a conviction for a violation of | 24 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 25 | | of Section 11-501 of this Code, or a similar provision of a | 26 | | local ordinance or similar out-of-state offense, that |
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| 1 | | person, if issued a restricted driving permit, may not | 2 | | operate a vehicle unless it has been equipped with an | 3 | | ignition interlock device as defined in Section 1-129.1. | 4 | | (C)
The person issued a permit conditioned upon the use | 5 | | of an ignition interlock device must pay to the Secretary | 6 | | of State DUI Administration Fund an amount
not to exceed | 7 | | $30 per month. The Secretary shall establish by rule the | 8 | | amount
and the procedures, terms, and conditions relating | 9 | | to these fees. | 10 | | (D) If the
restricted driving permit is issued for | 11 | | employment purposes, then the prohibition against | 12 | | operating a motor vehicle that is not equipped with an | 13 | | ignition interlock device does not apply to the operation | 14 | | of an occupational vehicle owned or
leased by that person's | 15 | | employer when used solely for employment purposes. For any | 16 | | person who, within a 5-year period, is convicted of a | 17 | | second or subsequent offense under Section 11-501 of this | 18 | | Code, or a similar provision of a local ordinance or | 19 | | similar out-of-state offense, this employment exemption | 20 | | does not apply until either a one-year period has elapsed | 21 | | during which that person had his or her driving privileges | 22 | | revoked or a one-year period has elapsed during which that | 23 | | person had a restricted driving permit which required the | 24 | | use of an ignition interlock device on every motor vehicle | 25 | | owned or operated by that person. | 26 | | (E) In each case the Secretary may issue a
restricted |
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| 1 | | driving permit for a period deemed appropriate, except that | 2 | | all
permits shall expire within one year from the date of | 3 | | issuance. A
restricted driving permit issued under this | 4 | | Section shall be subject to
cancellation, revocation, and | 5 | | suspension by the Secretary of State in like
manner and for | 6 | | like cause as a driver's license issued under this Code may | 7 | | be
cancelled, revoked, or suspended; except that a | 8 | | conviction upon one or more
offenses against laws or | 9 | | ordinances regulating the movement of traffic
shall be | 10 | | deemed sufficient cause for the revocation, suspension, or
| 11 | | cancellation of a restricted driving permit. The Secretary | 12 | | of State may, as
a condition to the issuance of a | 13 | | restricted driving permit, require the
applicant to | 14 | | participate in a designated driver remedial or | 15 | | rehabilitative
program. The Secretary of State is | 16 | | authorized to cancel a restricted
driving permit if the | 17 | | permit holder does not successfully complete the program.
| 18 | | (F) A person subject to the provisions of paragraph 4 | 19 | | of subsection (b) of Section 6-208 of this Code may make | 20 | | application for a restricted driving permit at a hearing | 21 | | conducted under Section 2-118 of this Code after the | 22 | | expiration of 5 years from the effective date of the most | 23 | | recent revocation or after 5 years from the date of release | 24 | | from a period of imprisonment resulting from a conviction | 25 | | of the most recent offense, whichever is later, provided | 26 | | the person, in addition to all other requirements of the |
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| 1 | | Secretary, shows by clear and convincing evidence: | 2 | | (i) a minimum of 3 years of uninterrupted | 3 | | abstinence from alcohol and the unlawful use or | 4 | | consumption of cannabis under the Cannabis Control | 5 | | Act, a controlled substance under the Illinois | 6 | | Controlled Substances Act, an intoxicating compound | 7 | | under the Use of Intoxicating Compounds Act, or | 8 | | methamphetamine under the Methamphetamine Control and | 9 | | Community Protection Act; and | 10 | | (ii) the successful completion of any | 11 | | rehabilitative treatment and involvement in any | 12 | | ongoing rehabilitative activity that may be | 13 | | recommended by a properly licensed service provider | 14 | | according to an assessment of the person's alcohol or | 15 | | drug use under Section 11-501.01 of this Code. | 16 | | In determining whether an applicant is eligible for a | 17 | | restricted driving permit under this subparagraph (F), 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. Persons subject | 21 | | to the provisions of paragraph 4 of subsection (b) of | 22 | | Section 6-208 of this Code and who have been convicted of | 23 | | more than one violation of paragraph (3), paragraph (4), or | 24 | | paragraph (5) of subsection (a) of Section 11-501 of this | 25 | | Code shall not be eligible to apply for a restricted | 26 | | driving permit under this subparagraph (F). |
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| 1 | | A restricted driving permit issued under this | 2 | | subparagraph (F) shall provide that the holder may only | 3 | | operate motor vehicles equipped with an ignition interlock | 4 | | device as required under paragraph (2) of subsection (c) of | 5 | | Section 6-205 of this Code and subparagraph (A) of | 6 | | paragraph 3 of subsection (c) of this Section. The | 7 | | Secretary may revoke a restricted driving permit or amend | 8 | | the conditions of a restricted driving permit issued under | 9 | | this subparagraph (F) if the holder operates a vehicle that | 10 | | is not equipped with an ignition interlock device, or for | 11 | | any other reason authorized under this Code. | 12 | | A restricted driving permit issued under this | 13 | | subparagraph (F) shall be revoked, and the holder barred | 14 | | from applying for or being issued a restricted driving | 15 | | permit in the future, if the holder is convicted of a | 16 | | violation of Section 11-501 of this Code, a similar | 17 | | provision of a local ordinance, or a similar offense in | 18 | | another state. | 19 | | (c-3) In the case of a suspension under paragraph 43 of | 20 | | subsection (a), reports received by the Secretary of State | 21 | | under this Section shall, except during the actual time the | 22 | | suspension is in effect, be privileged information and for use | 23 | | only by the courts, police officers, prosecuting authorities, | 24 | | the driver licensing administrator of any other state, the | 25 | | Secretary of State, or the parent or legal guardian of a driver | 26 | | under the age of 18. However, beginning January 1, 2008, if the |
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| 1 | | person is a CDL holder, the suspension shall also be made | 2 | | available to the driver licensing administrator of any other | 3 | | state, the U.S. Department of Transportation, and the affected | 4 | | driver or motor
carrier or prospective motor carrier upon | 5 | | request.
| 6 | | (c-4) In the case of a suspension under paragraph 43 of | 7 | | subsection (a), the Secretary of State shall notify the person | 8 | | by mail that his or her driving privileges and driver's license | 9 | | will be suspended one month after the date of the mailing of | 10 | | the notice.
| 11 | | (c-5) The Secretary of State may, as a condition of the | 12 | | reissuance of a
driver's license or permit to an applicant | 13 | | whose driver's license or permit has
been suspended before he | 14 | | or she reached the age of 21 years pursuant to any of
the | 15 | | provisions of this Section, require the applicant to | 16 | | participate in a
driver remedial education course and be | 17 | | retested under Section 6-109 of this
Code.
| 18 | | (d) This Section is subject to the provisions of the | 19 | | Drivers License
Compact.
| 20 | | (e) The Secretary of State shall not issue a restricted | 21 | | driving permit to
a person under the age of 16 years whose | 22 | | driving privileges have been suspended
or revoked under any | 23 | | provisions of this Code.
| 24 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 25 | | State may not issue a restricted driving permit for the | 26 | | operation of a commercial motor vehicle to a person holding a |
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| 1 | | CDL whose driving privileges have been suspended, revoked, | 2 | | cancelled, or disqualified under any provisions of this Code. | 3 | | (Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726, | 4 | | eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15; | 5 | | 99-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; | 6 | | 99-607, eff. 7-22-16; 99-642, eff. 7-28-16.) | 7 | | (625 ILCS 5/11-501.01)
| 8 | | Sec. 11-501.01. Additional administrative sanctions. | 9 | | (a) After a finding of guilt and prior to any final | 10 | | sentencing or an order for supervision, for an offense based | 11 | | upon an arrest for a violation of Section 11-501 or a similar | 12 | | provision of a local ordinance, individuals shall be required | 13 | | to undergo a professional evaluation to determine if an | 14 | | alcohol, drug, or intoxicating compound abuse problem exists | 15 | | and the extent of the problem, and undergo the imposition of | 16 | | treatment as appropriate. Programs conducting these | 17 | | evaluations shall be licensed by the Department of Human | 18 | | Services. The cost of any professional evaluation shall be paid | 19 | | for by the individual required to undergo the professional | 20 | | evaluation. | 21 | | (b) Any person who is found guilty of or pleads guilty to | 22 | | violating Section 11-501, including any person receiving a | 23 | | disposition of court supervision for violating that Section, | 24 | | may be required by the Court to attend a victim impact panel | 25 | | offered by, or under contract with, a county State's Attorney's |
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| 1 | | office, a probation and court services department, Mothers | 2 | | Against Drunk Driving, or the Alliance Against Intoxicated | 3 | | Motorists. All costs generated by the victim impact panel shall | 4 | | be paid from fees collected from the offender or as may be | 5 | | determined by the court. | 6 | | (c) Every person found guilty of violating Section 11-501, | 7 | | whose operation of a motor vehicle while in violation of that | 8 | | Section proximately caused any incident resulting in an | 9 | | appropriate emergency response, shall be liable for the expense | 10 | | of an emergency response as provided in subsection (i) of this | 11 | | Section. | 12 | | (d) The Secretary of State shall revoke the driving | 13 | | privileges of any person convicted under Section 11-501 or a | 14 | | similar provision of a local ordinance. | 15 | | (e) For offenses committed before January 1, 2017, the The | 16 | | Secretary of State shall require the use of ignition interlock | 17 | | devices for a period not less than 5 years on all vehicles | 18 | | owned by a person who has been convicted of a second or | 19 | | subsequent offense of Section 11-501 or a similar provision of | 20 | | a local ordinance. For offenses committed on or after January | 21 | | 1, 2017, the Secretary of State shall require the use of | 22 | | ignition interlock devices for a period of not less than 5 | 23 | | years on all vehicles owned by a person who has been convicted | 24 | | of a second or subsequent offense under Section 11-501 of this | 25 | | Code or a similar provision of a local ordinance or | 26 | | out-of-state offense, Section 9-3 of the Criminal Code of 1961 |
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| 1 | | or the Criminal Code of 2012 in which the use of alcohol or | 2 | | other drugs is recited as an element of the offense or a | 3 | | similar out-of-state offense, or a combination of these | 4 | | offenses arising out of separate occurrences, if that person is | 5 | | issued a restricted driving permit. A person required to use an | 6 | | ignition interlock device under this subsection (e) The person | 7 | | must pay to the Secretary of State DUI Administration Fund an | 8 | | amount not to exceed $30 for each month that he or she uses the | 9 | | device. The Secretary shall establish by rule and regulation | 10 | | the procedures for certification and use of the interlock | 11 | | system, the amount of the fee, and the procedures, terms, and | 12 | | conditions relating to these fees. During the time period in | 13 | | which a person is required to install an ignition interlock | 14 | | device under this subsection (e), that person shall only | 15 | | operate vehicles in which ignition interlock devices have been | 16 | | installed, except as allowed by subdivision (c)(5) or (d)(5) of | 17 | | Section 6-205 of this Code. | 18 | | (f) In addition to any other penalties and liabilities, a | 19 | | person who is found guilty of or pleads guilty to violating | 20 | | Section 11-501, including any person placed on court | 21 | | supervision for violating Section 11-501, shall be assessed | 22 | | $750, payable to the circuit clerk, who shall distribute the | 23 | | money as follows: $350 to the law enforcement agency that made | 24 | | the arrest, and $400 shall be forwarded to the State Treasurer | 25 | | for deposit into the General Revenue Fund. If the person has | 26 | | been previously convicted of violating Section 11-501 or a |
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| 1 | | similar provision of a local ordinance, the fine shall be | 2 | | $1,000, and the circuit clerk shall distribute
$200 to the law | 3 | | enforcement agency that
made the arrest and $800 to the State
| 4 | | Treasurer for deposit into the General Revenue Fund. In the | 5 | | event that more than one agency is responsible for the arrest, | 6 | | the amount payable to law enforcement agencies shall be shared | 7 | | equally. Any moneys received by a law enforcement agency under | 8 | | this subsection (f) shall be used for enforcement and | 9 | | prevention of driving while under the influence of alcohol, | 10 | | other drug or drugs, intoxicating compound or compounds or any | 11 | | combination thereof, as defined by Section 11-501 of this Code, | 12 | | including but not limited to the purchase of law enforcement | 13 | | equipment and commodities that will assist in the prevention of | 14 | | alcohol related criminal violence throughout the State; police | 15 | | officer training and education in areas related to alcohol | 16 | | related crime, including but not limited to DUI training; and | 17 | | police officer salaries, including but not limited to salaries | 18 | | for hire back funding for safety checkpoints, saturation | 19 | | patrols, and liquor store sting operations. Any moneys received | 20 | | by the Department of State Police under this subsection (f) | 21 | | shall be deposited into the State Police DUI Fund and shall be | 22 | | used to purchase law enforcement equipment that will assist in | 23 | | the prevention of alcohol related criminal violence throughout | 24 | | the State. | 25 | | (g) The Secretary of State Police DUI Fund is created as a | 26 | | special fund in the State treasury. All moneys received by the |
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| 1 | | Secretary of State Police under subsection (f) of this Section | 2 | | shall be deposited into the Secretary of State Police DUI Fund | 3 | | and, subject to appropriation, shall be used for enforcement | 4 | | and prevention of driving while under the influence of alcohol, | 5 | | other drug or drugs, intoxicating compound or compounds or any | 6 | | combination thereof, as defined by Section 11-501 of this Code, | 7 | | including but not limited to the purchase of law enforcement | 8 | | equipment and commodities to assist in the prevention of | 9 | | alcohol related criminal violence throughout the State; police | 10 | | officer training and education in areas related to alcohol | 11 | | related crime, including but not limited to DUI training; and | 12 | | police officer salaries, including but not limited to salaries | 13 | | for hire back funding for safety checkpoints, saturation | 14 | | patrols, and liquor store sting operations. | 15 | | (h) Whenever an individual is sentenced for an offense | 16 | | based upon an arrest for a violation of Section 11-501 or a | 17 | | similar provision of a local ordinance, and the professional | 18 | | evaluation recommends remedial or rehabilitative treatment or | 19 | | education, neither the treatment nor the education shall be the | 20 | | sole disposition and either or both may be imposed only in | 21 | | conjunction with another disposition. The court shall monitor | 22 | | compliance with any remedial education or treatment | 23 | | recommendations contained in the professional evaluation. | 24 | | Programs conducting alcohol or other drug evaluation or | 25 | | remedial education must be licensed by the Department of Human | 26 | | Services. If the individual is not a resident of Illinois, |
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| 1 | | however, the court may accept an alcohol or other drug | 2 | | evaluation or remedial education program in the individual's | 3 | | state of residence. Programs providing treatment must be | 4 | | licensed under existing applicable alcoholism and drug | 5 | | treatment licensure standards. | 6 | | (i) In addition to any other fine or penalty required by | 7 | | law, an individual convicted of a violation of Section 11-501, | 8 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 9 | | Section 5-16 of the Boat Registration and Safety Act, or a | 10 | | similar provision, whose operation of a motor vehicle, | 11 | | snowmobile, or watercraft while in violation of Section 11-501, | 12 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 13 | | Section 5-16 of the Boat Registration and Safety Act, or a | 14 | | similar provision proximately caused an incident resulting in | 15 | | an appropriate emergency response, shall be required to make | 16 | | restitution to a public agency for the costs of that emergency | 17 | | response. The restitution may not exceed $1,000 per public | 18 | | agency for each emergency response. As used in this subsection | 19 | | (i), "emergency response" means any incident requiring a | 20 | | response by a police officer, a firefighter carried on the | 21 | | rolls of a regularly constituted fire department, or an | 22 | | ambulance. With respect to funds designated for the Department | 23 | | of State Police, the moneys shall be remitted by the circuit | 24 | | court clerk to the State Police within one month after receipt | 25 | | for deposit into the State Police DUI Fund. With respect to | 26 | | funds designated for the Department of Natural Resources, the |
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| 1 | | Department of Natural Resources shall deposit the moneys into | 2 | | the Conservation Police Operations Assistance Fund.
| 3 | | (j) A person that is subject to a chemical test or tests of | 4 | | blood under subsection (a) of Section 11-501.1 or subdivision | 5 | | (c)(2) of Section 11-501.2 of this Code, whether or not that | 6 | | person consents to testing, shall be liable for the expense up | 7 | | to $500 for blood withdrawal by a physician authorized to | 8 | | practice medicine, a licensed physician assistant, a licensed | 9 | | advanced practice nurse, a registered nurse, a trained | 10 | | phlebotomist, a licensed paramedic, or a qualified person other | 11 | | than a police officer approved by the Department of State | 12 | | Police to withdraw blood, who responds, whether at a law | 13 | | enforcement facility or a health care facility, to a police | 14 | | department request for the drawing of blood based upon refusal | 15 | | of the person to submit to a lawfully requested breath test or | 16 | | probable cause exists to believe the test would disclose the | 17 | | ingestion, consumption, or use of drugs or intoxicating | 18 | | compounds if: | 19 | | (1) the person is found guilty of violating Section | 20 | | 11-501 of this Code or a similar provision of a local | 21 | | ordinance; or | 22 | | (2) the person pleads guilty to or stipulates to facts | 23 | | supporting a violation of Section 11-503 of this Code or a | 24 | | similar provision of a local ordinance when the plea or | 25 | | stipulation was the result of a plea agreement in which the | 26 | | person was originally charged with violating Section |
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| 1 | | 11-501 of this Code or a similar local ordinance. | 2 | | (Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13; | 3 | | 98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; | 4 | | 99-642, eff. 7-28-16.)
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