Full Text of HB3540 97th General Assembly
HB3540 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3540 Introduced 2/24/2011, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/4-4 | from Ch. 43, par. 112 |
625 ILCS 5/6-206 | |
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Amends the Liquor Control Act of 1934 and the Illinois Vehicle Code. Removes reference to dispositions of court supervision in a provision of the Liquor Control Act of 1934 requiring a local liquor commissioner to notify the Secretary of State of specified violations relating to the transfer, possession, and consumption of alcoholic liquor or similar provisions of a local ordinance. Removes provisions of the Illinois Vehicle Code authorizing the Secretary of State to suspend or revoke the driving privileges of any person who has received a disposition of court supervision for specified violations of the Liquor Control Act of 1934 relating to the transfer, possession, and consumption of alcoholic liquor. Effective July 1, 2011.
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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 Liquor Control Act of 1934 is amended by | 5 | | changing Section 4-4 as follows:
| 6 | | (235 ILCS 5/4-4) (from Ch. 43, par. 112)
| 7 | | Sec. 4-4. Each local liquor control commissioner shall also | 8 | | have the
following powers, functions and duties with respect to | 9 | | licenses, other than
licenses to manufacturers, importing | 10 | | distributors, distributors, foreign
importers, non-resident | 11 | | dealers, non-beverage users, brokers, railroads,
airplanes and | 12 | | boats.
| 13 | | 1. To grant and or suspend for not more than thirty | 14 | | days or revoke for
cause all local licenses issued to | 15 | | persons for premises within his
jurisdiction;
| 16 | | 2. To enter or to authorize any law enforcing officer | 17 | | to enter at any
time upon any premises licensed hereunder | 18 | | to determine whether any of the
provisions of this Act or | 19 | | any rules or regulations adopted by him or by the
State | 20 | | Commission have been or are being violated, and at such | 21 | | time to
examine said premises of said licensee in | 22 | | connection therewith;
| 23 | | 3. To notify the Secretary of State where a club |
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| 1 | | incorporated under the
General Not for Profit Corporation | 2 | | Act of 1986 or a foreign corporation
functioning
as a club | 3 | | in this State under a certificate of authority issued under | 4 | | that
Act has violated this Act by selling or offering for | 5 | | sale at retail alcoholic
liquors without a retailer's | 6 | | license;
| 7 | | 4. To receive complaint from any citizen within his | 8 | | jurisdiction that
any of the provisions of this Act, or any | 9 | | rules or regulations adopted
pursuant hereto, have been or | 10 | | are being violated and to act upon such
complaints in the | 11 | | manner hereinafter provided;
| 12 | | 5. To receive local license fees and pay the same | 13 | | forthwith to the city,
village, town or county treasurer as | 14 | | the case may be.
| 15 | | Each local liquor commissioner also has the duty to notify
| 16 | | the Secretary of State of any convictions or dispositions of | 17 | | court supervision for a violation of Section 6-20 of
this Act | 18 | | or a similar provision of a local ordinance.
| 19 | | In counties and municipalities, the local liquor control
| 20 | | commissioners shall also have the power to levy fines in | 21 | | accordance with
Section 7-5 of this Act.
| 22 | | (Source: P.A. 95-166, eff. 1-1-08.)
| 23 | | Section 10. The Illinois Vehicle Code is amended by | 24 | | changing Section 6-206 as follows:
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| 1 | | (625 ILCS 5/6-206)
| 2 | | (Text of Section before amendment by P.A. 96-1344 ) | 3 | | Sec. 6-206. Discretionary authority to suspend or revoke | 4 | | license or
permit; Right to a hearing.
| 5 | | (a) The Secretary of State is authorized to suspend or | 6 | | revoke the
driving privileges of any person without preliminary | 7 | | hearing upon a showing
of the person's records or other | 8 | | sufficient evidence that
the person:
| 9 | | 1. Has committed an offense for which mandatory | 10 | | revocation of
a driver's license or permit is required upon | 11 | | conviction;
| 12 | | 2. Has been convicted of not less than 3 offenses | 13 | | against traffic
regulations governing the movement of | 14 | | vehicles committed within any 12
month period. No | 15 | | revocation or suspension shall be entered more than
6 | 16 | | months after the date of last conviction;
| 17 | | 3. Has been repeatedly involved as a driver in motor | 18 | | vehicle
collisions or has been repeatedly convicted of | 19 | | offenses against laws and
ordinances regulating the | 20 | | movement of traffic, to a degree that
indicates lack of | 21 | | ability to exercise ordinary and reasonable care in
the | 22 | | safe operation of a motor vehicle or disrespect for the | 23 | | traffic laws
and the safety of other persons upon the | 24 | | highway;
| 25 | | 4. Has by the unlawful operation of a motor vehicle | 26 | | caused or
contributed to an accident resulting in injury |
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| 1 | | requiring
immediate professional treatment in a medical | 2 | | facility or doctor's office
to any person, except that any | 3 | | suspension or revocation imposed by the
Secretary of State | 4 | | under the provisions of this subsection shall start no
| 5 | | later than 6 months after being convicted of violating a | 6 | | law or
ordinance regulating the movement of traffic, which | 7 | | violation is related
to the accident, or shall start not | 8 | | more than one year
after
the date of the accident, | 9 | | whichever date occurs later;
| 10 | | 5. Has permitted an unlawful or fraudulent use of a | 11 | | driver's
license, identification card, or permit;
| 12 | | 6. Has been lawfully convicted of an offense or | 13 | | offenses in another
state, including the authorization | 14 | | contained in Section 6-203.1, which
if committed within | 15 | | this State would be grounds for suspension or revocation;
| 16 | | 7. Has refused or failed to submit to an examination | 17 | | provided for by
Section 6-207 or has failed to pass the | 18 | | examination;
| 19 | | 8. Is ineligible for a driver's license or permit under | 20 | | the provisions
of Section 6-103;
| 21 | | 9. Has made a false statement or knowingly concealed a | 22 | | material fact
or has used false information or | 23 | | identification in any application for a
license, | 24 | | identification card, or permit;
| 25 | | 10. Has possessed, displayed, or attempted to | 26 | | fraudulently use any
license, identification card, or |
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| 1 | | permit not issued to the person;
| 2 | | 11. Has operated a motor vehicle upon a highway of this | 3 | | State when
the person's driving privilege or privilege to | 4 | | obtain a driver's license
or permit was revoked or | 5 | | suspended unless the operation was authorized by
a | 6 | | monitoring device driving permit, judicial driving permit | 7 | | issued prior to January 1, 2009, probationary license to | 8 | | drive, or a restricted
driving permit issued under this | 9 | | Code;
| 10 | | 12. Has submitted to any portion of the application | 11 | | process for
another person or has obtained the services of | 12 | | another person to submit to
any portion of the application | 13 | | process for the purpose of obtaining a
license, | 14 | | identification card, or permit for some other person;
| 15 | | 13. Has operated a motor vehicle upon a highway of this | 16 | | State when
the person's driver's license or permit was | 17 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 18 | | 14. Has committed a violation of Section 6-301, | 19 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 20 | | of the Illinois Identification Card
Act;
| 21 | | 15. Has been convicted of violating Section 21-2 of the | 22 | | Criminal Code
of 1961 relating to criminal trespass to | 23 | | vehicles in which case, the suspension
shall be for one | 24 | | year;
| 25 | | 16. Has been convicted of violating Section 11-204 of | 26 | | this Code relating
to fleeing from a peace officer;
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| 1 | | 17. Has refused to submit to a test, or tests, as | 2 | | required under Section
11-501.1 of this Code and the person | 3 | | has not sought a hearing as
provided for in Section | 4 | | 11-501.1;
| 5 | | 18. Has, since issuance of a driver's license or | 6 | | permit, been adjudged
to be afflicted with or suffering | 7 | | from any mental disability or disease;
| 8 | | 19. Has committed a violation of paragraph (a) or (b) | 9 | | of Section 6-101
relating to driving without a driver's | 10 | | license;
| 11 | | 20. Has been convicted of violating Section 6-104 | 12 | | relating to
classification of driver's license;
| 13 | | 21. Has been convicted of violating Section 11-402 of
| 14 | | this Code relating to leaving the scene of an accident | 15 | | resulting in damage
to a vehicle in excess of $1,000, in | 16 | | which case the suspension shall be
for one year;
| 17 | | 22. Has used a motor vehicle in violating paragraph | 18 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 19 | | the Criminal Code of 1961 relating
to unlawful use of | 20 | | weapons, in which case the suspension shall be for one
| 21 | | year;
| 22 | | 23. Has, as a driver, been convicted of committing a | 23 | | violation of
paragraph (a) of Section 11-502 of this Code | 24 | | for a second or subsequent
time within one year of a | 25 | | similar violation;
| 26 | | 24. Has been convicted by a court-martial or punished |
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| 1 | | by non-judicial
punishment by military authorities of the | 2 | | United States at a military
installation in Illinois of or | 3 | | for a traffic related offense that is the
same as or | 4 | | similar to an offense specified under Section 6-205 or | 5 | | 6-206 of
this Code;
| 6 | | 25. Has permitted any form of identification to be used | 7 | | by another in
the application process in order to obtain or | 8 | | attempt to obtain a license,
identification card, or | 9 | | permit;
| 10 | | 26. Has altered or attempted to alter a license or has | 11 | | possessed an
altered license, identification card, or | 12 | | permit;
| 13 | | 27. Has violated Section 6-16 of the Liquor Control Act | 14 | | of 1934;
| 15 | | 28. Has been convicted of the illegal possession, while | 16 | | operating or
in actual physical control, as a driver, of a | 17 | | motor vehicle, of any
controlled substance prohibited | 18 | | under the Illinois Controlled Substances
Act, any cannabis | 19 | | prohibited under the Cannabis Control
Act, or any | 20 | | methamphetamine prohibited under the Methamphetamine | 21 | | Control and Community Protection Act, in which case the | 22 | | person's driving privileges shall be suspended for
one | 23 | | year, and any driver who is convicted of a second or | 24 | | subsequent
offense, within 5 years of a previous | 25 | | conviction, for the illegal
possession, while operating or | 26 | | in actual physical control, as a driver, of
a motor |
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| 1 | | vehicle, of any controlled substance prohibited under the | 2 | | Illinois Controlled Substances Act, any cannabis
| 3 | | prohibited under the Cannabis Control Act, or any | 4 | | methamphetamine prohibited under the Methamphetamine | 5 | | Control and Community Protection Act shall be suspended for | 6 | | 5 years.
Any defendant found guilty of this offense while | 7 | | operating a motor vehicle,
shall have an entry made in the | 8 | | court record by the presiding judge that
this offense did | 9 | | occur while the defendant was operating a motor vehicle
and | 10 | | order the clerk of the court to report the violation to the | 11 | | Secretary
of State;
| 12 | | 29. Has been convicted of the following offenses that | 13 | | were committed
while the person was operating or in actual | 14 | | physical control, as a driver,
of a motor vehicle: criminal | 15 | | sexual assault,
predatory criminal sexual assault of a | 16 | | child,
aggravated criminal sexual
assault, criminal sexual | 17 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 18 | | soliciting for a juvenile prostitute and the manufacture, | 19 | | sale or
delivery of controlled substances or instruments | 20 | | used for illegal drug use
or abuse in which case the | 21 | | driver's driving privileges shall be suspended
for one | 22 | | year;
| 23 | | 30. Has been convicted a second or subsequent time for | 24 | | any
combination of the offenses named in paragraph 29 of | 25 | | this subsection,
in which case the person's driving | 26 | | privileges shall be suspended for 5
years;
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| 1 | | 31. Has refused to submit to a test as
required by | 2 | | Section 11-501.6 or has submitted to a test resulting in
an | 3 | | alcohol concentration of 0.08 or more or any amount of a | 4 | | drug, substance, or
compound resulting from the unlawful | 5 | | use or consumption of cannabis as listed
in the Cannabis | 6 | | Control Act, a controlled substance as listed in the | 7 | | Illinois
Controlled Substances Act, an intoxicating | 8 | | compound as listed in the Use of
Intoxicating Compounds | 9 | | Act, or methamphetamine as listed in the Methamphetamine | 10 | | Control and Community Protection Act, in which case the | 11 | | penalty shall be
as prescribed in Section 6-208.1;
| 12 | | 32. Has been convicted of Section 24-1.2 of the | 13 | | Criminal Code of
1961 relating to the aggravated discharge | 14 | | of a firearm if the offender was
located in a motor vehicle | 15 | | at the time the firearm was discharged, in which
case the | 16 | | suspension shall be for 3 years;
| 17 | | 33. Has as a driver, who was less than 21 years of age | 18 | | on the date of
the offense, been convicted a first time of | 19 | | a violation of paragraph (a) of
Section 11-502 of this Code | 20 | | or a similar provision of a local ordinance;
| 21 | | 34. Has committed a violation of Section 11-1301.5 of | 22 | | this Code;
| 23 | | 35. Has committed a violation of Section 11-1301.6 of | 24 | | this Code;
| 25 | | 36. Is under the age of 21 years at the time of arrest | 26 | | and has been
convicted of not less than 2 offenses against |
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| 1 | | traffic regulations governing
the movement of vehicles | 2 | | committed within any 24 month period. No revocation
or | 3 | | suspension shall be entered more than 6 months after the | 4 | | date of last
conviction;
| 5 | | 37. Has committed a violation of subsection (c) of | 6 | | Section 11-907 of this
Code that resulted in damage to the | 7 | | property of another or the death or injury of another;
| 8 | | 38. Has been convicted of a violation of Section 6-20 | 9 | | of the Liquor
Control Act of 1934 or a similar provision of | 10 | | a local ordinance;
| 11 | | 39. Has committed a second or subsequent violation of | 12 | | Section
11-1201 of this Code;
| 13 | | 40. Has committed a violation of subsection (a-1) of | 14 | | Section 11-908 of
this Code; | 15 | | 41. Has committed a second or subsequent violation of | 16 | | Section 11-605.1 of this Code within 2 years of the date of | 17 | | the previous violation, in which case the suspension shall | 18 | | be for 90 days; | 19 | | 42. Has committed a violation of subsection (a-1) of | 20 | | Section 11-1301.3 of this Code;
| 21 | | 43. (Blank) Has received a disposition of court | 22 | | supervision for a violation of subsection (a), (d), or (e) | 23 | | of Section 6-20 of the Liquor
Control Act of 1934 or a | 24 | | similar provision of a local ordinance, in which case the | 25 | | suspension shall be for a period of 3 months ;
| 26 | | 44.
Is under the age of 21 years at the time of arrest |
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| 1 | | and has been convicted of an offense against traffic | 2 | | regulations governing the movement of vehicles after | 3 | | having previously had his or her driving privileges
| 4 | | suspended or revoked pursuant to subparagraph 36 of this | 5 | | Section; or | 6 | | 45.
Has, in connection with or during the course of a | 7 | | formal hearing conducted under Section 2-118 of this Code: | 8 | | (i) committed perjury; (ii) submitted fraudulent or | 9 | | falsified documents; (iii) submitted documents that have | 10 | | been materially altered; or (iv) submitted, as his or her | 11 | | own, documents that were in fact prepared or composed for | 12 | | another person.
| 13 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 14 | | and 27 of this
subsection, license means any driver's license, | 15 | | any traffic ticket issued when
the person's driver's license is | 16 | | deposited in lieu of bail, a suspension
notice issued by the | 17 | | Secretary of State, a duplicate or corrected driver's
license, | 18 | | a probationary driver's license or a temporary driver's | 19 | | license.
| 20 | | (b) If any conviction forming the basis of a suspension or
| 21 | | revocation authorized under this Section is appealed, the
| 22 | | Secretary of State may rescind or withhold the entry of the | 23 | | order of suspension
or revocation, as the case may be, provided | 24 | | that a certified copy of a stay
order of a court is filed with | 25 | | the Secretary of State. If the conviction is
affirmed on | 26 | | appeal, the date of the conviction shall relate back to the |
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| 1 | | time
the original judgment of conviction was entered and the 6 | 2 | | month limitation
prescribed shall not apply.
| 3 | | (c) 1. Upon suspending or revoking the driver's license or | 4 | | permit of
any person as authorized in this Section, the | 5 | | Secretary of State shall
immediately notify the person in | 6 | | writing of the revocation or suspension.
The notice to be | 7 | | deposited in the United States mail, postage prepaid,
to the | 8 | | last known address of the person.
| 9 | | 2. If the Secretary of State suspends the driver's | 10 | | license
of a person under subsection 2 of paragraph (a) of | 11 | | this Section, a
person's privilege to operate a vehicle as | 12 | | an occupation shall not be
suspended, provided an affidavit | 13 | | is properly completed, the appropriate fee
received, and a | 14 | | permit issued prior to the effective date of the
| 15 | | suspension, unless 5 offenses were committed, at least 2 of | 16 | | which occurred
while operating a commercial vehicle in | 17 | | connection with the driver's
regular occupation. All other | 18 | | driving privileges shall be suspended by the
Secretary of | 19 | | State. Any driver prior to operating a vehicle for
| 20 | | occupational purposes only must submit the affidavit on | 21 | | forms to be
provided by the Secretary of State setting | 22 | | forth the facts of the person's
occupation. The affidavit | 23 | | shall also state the number of offenses
committed while | 24 | | operating a vehicle in connection with the driver's regular
| 25 | | 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 | 6 | | set forth in the notice that was
mailed under this Section. | 7 | | If an affidavit is received subsequent to the
effective | 8 | | date of this suspension, a permit may be issued for the | 9 | | remainder
of the suspension period.
| 10 | | The provisions of this subparagraph shall not apply to | 11 | | any driver
required to possess a CDL for the purpose of | 12 | | operating a commercial motor vehicle.
| 13 | | Any person who falsely states any fact in the affidavit | 14 | | required
herein shall be guilty of perjury under Section | 15 | | 6-302 and upon conviction
thereof shall have all driving | 16 | | privileges revoked without further rights.
| 17 | | 3. At the conclusion of a hearing under Section 2-118 | 18 | | of this Code,
the Secretary of State shall either rescind | 19 | | or continue an order of
revocation or shall substitute an | 20 | | order of suspension; or, good
cause appearing therefor, | 21 | | rescind, continue, change, or extend the
order of | 22 | | suspension. If the Secretary of State does not rescind the | 23 | | order,
the Secretary may upon application,
to relieve undue | 24 | | hardship (as defined by the rules of the Secretary of | 25 | | State), issue
a restricted driving permit granting the | 26 | | privilege of driving a motor
vehicle between the |
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| 1 | | petitioner's residence and petitioner's place of
| 2 | | employment or within the scope of the petitioner's | 3 | | employment related duties, or to
allow the petitioner to | 4 | | transport himself or herself, or a family member of the
| 5 | | petitioner's household to a medical facility, to receive | 6 | | necessary medical care, to allow the petitioner to | 7 | | transport himself or herself to and from alcohol or drug
| 8 | | remedial or rehabilitative activity recommended by a | 9 | | licensed service provider, or to allow the petitioner to | 10 | | transport himself or herself or a family member of the | 11 | | petitioner's household to classes, as a student, at an | 12 | | accredited educational institution, or to allow the | 13 | | petitioner to transport children, elderly persons, or | 14 | | disabled persons who do not hold driving privileges and are | 15 | | living in the petitioner's household to and from daycare. | 16 | | The
petitioner must demonstrate that no alternative means | 17 | | of
transportation is reasonably available and that the | 18 | | petitioner will not endanger
the public safety or welfare. | 19 | | Those multiple offenders identified in subdivision (b)4 of | 20 | | Section 6-208 of this Code, however, shall not be eligible | 21 | | for the issuance of a restricted driving permit.
| 22 | |
(A) If a person's license or permit is revoked or | 23 | | suspended due to 2
or more convictions of violating | 24 | | Section 11-501 of this Code or a similar
provision of a | 25 | | local ordinance or a similar out-of-state offense, or | 26 | | Section 9-3 of the Criminal Code of 1961, where the use |
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| 1 | | of alcohol or other drugs is recited as an element of | 2 | | the offense, or a similar out-of-state offense, or a | 3 | | combination of these offenses, arising out
of separate | 4 | | occurrences, that person, if issued a restricted | 5 | | driving permit,
may not operate a vehicle unless it has | 6 | | been equipped with an ignition
interlock device as | 7 | | defined in Section 1-129.1.
| 8 | | (B) If a person's license or permit is revoked or | 9 | | suspended 2 or more
times within a 10 year period due | 10 | | to any combination of: | 11 | | (i) a single conviction of violating Section
| 12 | | 11-501 of this Code or a similar provision of a | 13 | | local ordinance or a similar
out-of-state offense | 14 | | or Section 9-3 of the Criminal Code of 1961, where | 15 | | the use of alcohol or other drugs is recited as an | 16 | | element of the offense, or a similar out-of-state | 17 | | offense; or | 18 | | (ii) a statutory summary suspension under | 19 | | Section
11-501.1; or | 20 | | (iii) a suspension under Section 6-203.1; | 21 | | arising out of
separate occurrences; that person, if | 22 | | issued a restricted driving permit, may
not operate a | 23 | | vehicle unless it has been
equipped with an ignition | 24 | | interlock device as defined in Section 1-129.1. | 25 | | (C)
The person issued a permit conditioned upon the | 26 | | use of an ignition interlock device must pay to the |
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| 1 | | Secretary of State DUI Administration Fund an amount
| 2 | | not to exceed $30 per month. The Secretary shall | 3 | | establish by rule the amount
and the procedures, terms, | 4 | | and conditions relating to these fees. | 5 | | (D) If the
restricted driving permit is issued for | 6 | | employment purposes, then the prohibition against | 7 | | operating a motor vehicle that is not equipped with an | 8 | | ignition interlock device does not apply to the | 9 | | operation of an occupational vehicle owned or
leased by | 10 | | that person's employer when used solely for employment | 11 | | purposes. | 12 | | (E) In each case the Secretary may issue a
| 13 | | restricted driving permit for a period deemed | 14 | | appropriate, except that all
permits shall expire | 15 | | within one year from the date of issuance. The | 16 | | Secretary
may not, however, issue a restricted driving | 17 | | permit to any person whose current
revocation is the | 18 | | result of a second or subsequent conviction for a | 19 | | violation
of Section 11-501 of this Code or a similar | 20 | | provision of a local ordinance
or any similar | 21 | | out-of-state offense, or Section 9-3 of the Criminal | 22 | | Code of 1961, where the use of alcohol or other drugs | 23 | | is recited as an element of the offense, or any similar | 24 | | out-of-state offense, or any combination
of those | 25 | | offenses, until the expiration of at least one year | 26 | | from the date of
the revocation. A
restricted driving |
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| 1 | | permit issued under this Section shall be subject to
| 2 | | cancellation, revocation, and suspension by the | 3 | | Secretary of State in like
manner and for like cause as | 4 | | a driver's license issued under this Code may be
| 5 | | cancelled, revoked, or suspended; except that a | 6 | | conviction upon one or more
offenses against laws or | 7 | | ordinances regulating the movement of traffic
shall be | 8 | | deemed sufficient cause for the revocation, | 9 | | suspension, or
cancellation of a restricted driving | 10 | | permit. The Secretary of State may, as
a condition to | 11 | | the issuance of a restricted driving permit, require | 12 | | the
applicant to participate in a designated driver | 13 | | remedial or rehabilitative
program. The Secretary of | 14 | | State is authorized to cancel a restricted
driving | 15 | | permit if the permit holder does not successfully | 16 | | complete the program.
| 17 | | (c-3) (Blank) In the case of a suspension under paragraph | 18 | | 43 of subsection (a), reports received by the Secretary of | 19 | | State under this Section shall, except during the actual time | 20 | | the suspension is in effect, be privileged information and for | 21 | | use only by the courts, police officers, prosecuting | 22 | | authorities, the driver licensing administrator of any other | 23 | | state, the Secretary of State, or the parent or legal guardian | 24 | | of a driver under the age of 18. However, beginning January 1, | 25 | | 2008, if the person is a CDL holder, the suspension shall also | 26 | | be made available to the driver licensing administrator of any |
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| 1 | | other state, the U.S. Department of Transportation, and the | 2 | | affected driver or motor
carrier or prospective motor carrier | 3 | | upon request .
| 4 | | (c-4) (Blank) In the case of a suspension under paragraph | 5 | | 43 of subsection (a), the Secretary of State shall notify the | 6 | | person by mail that his or her driving privileges and driver's | 7 | | license will be suspended one month after the date of the | 8 | | mailing of the notice .
| 9 | | (c-5) The Secretary of State may, as a condition of the | 10 | | reissuance of a
driver's license or permit to an applicant | 11 | | whose driver's license or permit has
been suspended before he | 12 | | or she reached the age of 21 years pursuant to any of
the | 13 | | provisions of this Section, require the applicant to | 14 | | participate in a
driver remedial education course and be | 15 | | retested under Section 6-109 of this
Code.
| 16 | | (d) This Section is subject to the provisions of the | 17 | | Drivers License
Compact.
| 18 | | (e) The Secretary of State shall not issue a restricted | 19 | | driving permit to
a person under the age of 16 years whose | 20 | | driving privileges have been suspended
or revoked under any | 21 | | provisions of this Code.
| 22 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 23 | | State may not issue a restricted driving permit for the | 24 | | operation of a commercial motor vehicle to a person holding a | 25 | | CDL whose driving privileges have been suspended, revoked, | 26 | | cancelled, or disqualified under any provisions of this Code. |
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| 1 | | (Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382, | 2 | | eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848, | 3 | | eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328, | 4 | | eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11; | 5 | | 96-1305, eff. 1-1-11; revised 9-2-10.)
| 6 | | (Text of Section after amendment by P.A. 96-1344 )
| 7 | | Sec. 6-206. Discretionary authority to suspend or revoke | 8 | | license or
permit; Right to a hearing.
| 9 | | (a) The Secretary of State is authorized to suspend or | 10 | | revoke the
driving privileges of any person without preliminary | 11 | | hearing upon a showing
of the person's records or other | 12 | | sufficient evidence that
the person:
| 13 | | 1. Has committed an offense for which mandatory | 14 | | revocation of
a driver's license or permit is required upon | 15 | | conviction;
| 16 | | 2. Has been convicted of not less than 3 offenses | 17 | | against traffic
regulations governing the movement of | 18 | | vehicles committed within any 12
month period. No | 19 | | revocation or suspension shall be entered more than
6 | 20 | | months after the date of last conviction;
| 21 | | 3. Has been repeatedly involved as a driver in motor | 22 | | vehicle
collisions or has been repeatedly convicted of | 23 | | offenses against laws and
ordinances regulating the | 24 | | movement of traffic, to a degree that
indicates lack of | 25 | | ability to exercise ordinary and reasonable care in
the |
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| 1 | | safe operation of a motor vehicle or disrespect for the | 2 | | traffic laws
and the safety of other persons upon the | 3 | | highway;
| 4 | | 4. Has by the unlawful operation of a motor vehicle | 5 | | caused or
contributed to an accident resulting in injury | 6 | | requiring
immediate professional treatment in a medical | 7 | | facility or doctor's office
to any person, except that any | 8 | | suspension or revocation imposed by the
Secretary of State | 9 | | under the provisions of this subsection shall start no
| 10 | | later than 6 months after being convicted of violating a | 11 | | law or
ordinance regulating the movement of traffic, which | 12 | | violation is related
to the accident, or shall start not | 13 | | more than one year
after
the date of the accident, | 14 | | whichever date occurs later;
| 15 | | 5. Has permitted an unlawful or fraudulent use of a | 16 | | driver's
license, identification card, or permit;
| 17 | | 6. Has been lawfully convicted of an offense or | 18 | | offenses in another
state, including the authorization | 19 | | contained in Section 6-203.1, which
if committed within | 20 | | this State would be grounds for suspension or revocation;
| 21 | | 7. Has refused or failed to submit to an examination | 22 | | provided for by
Section 6-207 or has failed to pass the | 23 | | examination;
| 24 | | 8. Is ineligible for a driver's license or permit under | 25 | | the provisions
of Section 6-103;
| 26 | | 9. Has made a false statement or knowingly concealed a |
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| 1 | | material fact
or has used false information or | 2 | | identification in any application for a
license, | 3 | | identification card, or permit;
| 4 | | 10. Has possessed, displayed, or attempted to | 5 | | fraudulently use any
license, identification card, or | 6 | | permit not issued to the person;
| 7 | | 11. Has operated a motor vehicle upon a highway of this | 8 | | State when
the person's driving privilege or privilege to | 9 | | obtain a driver's license
or permit was revoked or | 10 | | suspended unless the operation was authorized by
a | 11 | | monitoring device driving permit, judicial driving permit | 12 | | issued prior to January 1, 2009, probationary license to | 13 | | drive, or a restricted
driving permit issued under this | 14 | | Code;
| 15 | | 12. Has submitted to any portion of the application | 16 | | process for
another person or has obtained the services of | 17 | | another person to submit to
any portion of the application | 18 | | process for the purpose of obtaining a
license, | 19 | | identification card, or permit for some other person;
| 20 | | 13. Has operated a motor vehicle upon a highway of this | 21 | | State when
the person's driver's license or permit was | 22 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 23 | | 14. Has committed a violation of Section 6-301, | 24 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 25 | | of the Illinois Identification Card
Act;
| 26 | | 15. Has been convicted of violating Section 21-2 of the |
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| 1 | | Criminal Code
of 1961 relating to criminal trespass to | 2 | | vehicles in which case, the suspension
shall be for one | 3 | | year;
| 4 | | 16. Has been convicted of violating Section 11-204 of | 5 | | this Code relating
to fleeing from a peace officer;
| 6 | | 17. Has refused to submit to a test, or tests, as | 7 | | required under Section
11-501.1 of this Code and the person | 8 | | has not sought a hearing as
provided for in Section | 9 | | 11-501.1;
| 10 | | 18. Has, since issuance of a driver's license or | 11 | | permit, been adjudged
to be afflicted with or suffering | 12 | | from any mental disability or disease;
| 13 | | 19. Has committed a violation of paragraph (a) or (b) | 14 | | of Section 6-101
relating to driving without a driver's | 15 | | license;
| 16 | | 20. Has been convicted of violating Section 6-104 | 17 | | relating to
classification of driver's license;
| 18 | | 21. Has been convicted of violating Section 11-402 of
| 19 | | this Code relating to leaving the scene of an accident | 20 | | resulting in damage
to a vehicle in excess of $1,000, in | 21 | | which case the suspension shall be
for one year;
| 22 | | 22. Has used a motor vehicle in violating paragraph | 23 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 24 | | the Criminal Code of 1961 relating
to unlawful use of | 25 | | weapons, in which case the suspension shall be for one
| 26 | | year;
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| 1 | | 23. Has, as a driver, been convicted of committing a | 2 | | violation of
paragraph (a) of Section 11-502 of this Code | 3 | | for a second or subsequent
time within one year of a | 4 | | similar violation;
| 5 | | 24. Has been convicted by a court-martial or punished | 6 | | by non-judicial
punishment by military authorities of the | 7 | | United States at a military
installation in Illinois of or | 8 | | for a traffic related offense that is the
same as or | 9 | | similar to an offense specified under Section 6-205 or | 10 | | 6-206 of
this Code;
| 11 | | 25. Has permitted any form of identification to be used | 12 | | by another in
the application process in order to obtain or | 13 | | attempt to obtain a license,
identification card, or | 14 | | permit;
| 15 | | 26. Has altered or attempted to alter a license or has | 16 | | possessed an
altered license, identification card, or | 17 | | permit;
| 18 | | 27. Has violated Section 6-16 of the Liquor Control Act | 19 | | of 1934;
| 20 | | 28. Has been convicted of the illegal possession, while | 21 | | operating or
in actual physical control, as a driver, of a | 22 | | motor vehicle, of any
controlled substance prohibited | 23 | | under the Illinois Controlled Substances
Act, any cannabis | 24 | | prohibited under the Cannabis Control
Act, or any | 25 | | methamphetamine prohibited under the Methamphetamine | 26 | | Control and Community Protection Act, in which case the |
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| 1 | | person's driving privileges shall be suspended for
one | 2 | | year, and any driver who is convicted of a second or | 3 | | subsequent
offense, within 5 years of a previous | 4 | | conviction, for the illegal
possession, while operating or | 5 | | in actual physical control, as a driver, of
a motor | 6 | | vehicle, of any controlled substance prohibited under the | 7 | | Illinois Controlled Substances Act, any cannabis
| 8 | | prohibited under the Cannabis Control Act, or any | 9 | | methamphetamine prohibited under the Methamphetamine | 10 | | Control and Community Protection Act shall be suspended for | 11 | | 5 years.
Any defendant found guilty of this offense while | 12 | | operating a motor vehicle,
shall have an entry made in the | 13 | | court record by the presiding judge that
this offense did | 14 | | occur while the defendant was operating a motor vehicle
and | 15 | | order the clerk of the court to report the violation to the | 16 | | Secretary
of State;
| 17 | | 29. Has been convicted of the following offenses that | 18 | | were committed
while the person was operating or in actual | 19 | | physical control, as a driver,
of a motor vehicle: criminal | 20 | | sexual assault,
predatory criminal sexual assault of a | 21 | | child,
aggravated criminal sexual
assault, criminal sexual | 22 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 23 | | soliciting for a juvenile prostitute and the manufacture, | 24 | | sale or
delivery of controlled substances or instruments | 25 | | used for illegal drug use
or abuse in which case the | 26 | | driver's driving privileges shall be suspended
for one |
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| 1 | | year;
| 2 | | 30. Has been convicted a second or subsequent time for | 3 | | any
combination of the offenses named in paragraph 29 of | 4 | | this subsection,
in which case the person's driving | 5 | | privileges shall be suspended for 5
years;
| 6 | | 31. Has refused to submit to a test as
required by | 7 | | Section 11-501.6 or has submitted to a test resulting in
an | 8 | | alcohol concentration of 0.08 or more or any amount of a | 9 | | drug, substance, or
compound resulting from the unlawful | 10 | | use or consumption of cannabis as listed
in the Cannabis | 11 | | Control Act, a controlled substance as listed in the | 12 | | Illinois
Controlled Substances Act, an intoxicating | 13 | | compound as listed in the Use of
Intoxicating Compounds | 14 | | Act, or methamphetamine as listed in the Methamphetamine | 15 | | Control and Community Protection Act, in which case the | 16 | | penalty shall be
as prescribed in Section 6-208.1;
| 17 | | 32. Has been convicted of Section 24-1.2 of the | 18 | | Criminal Code of
1961 relating to the aggravated discharge | 19 | | of a firearm if the offender was
located in a motor vehicle | 20 | | at the time the firearm was discharged, in which
case the | 21 | | suspension shall be for 3 years;
| 22 | | 33. Has as a driver, who was less than 21 years of age | 23 | | on the date of
the offense, been convicted a first time of | 24 | | a violation of paragraph (a) of
Section 11-502 of this Code | 25 | | or a similar provision of a local ordinance;
| 26 | | 34. Has committed a violation of Section 11-1301.5 of |
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| 1 | | this Code;
| 2 | | 35. Has committed a violation of Section 11-1301.6 of | 3 | | this Code;
| 4 | | 36. Is under the age of 21 years at the time of arrest | 5 | | and has been
convicted of not less than 2 offenses against | 6 | | traffic regulations governing
the movement of vehicles | 7 | | committed within any 24 month period. No revocation
or | 8 | | suspension shall be entered more than 6 months after the | 9 | | date of last
conviction;
| 10 | | 37. Has committed a violation of subsection (c) of | 11 | | Section 11-907 of this
Code that resulted in damage to the | 12 | | property of another or the death or injury of another;
| 13 | | 38. Has been convicted of a violation of Section 6-20 | 14 | | of the Liquor
Control Act of 1934 or a similar provision of | 15 | | a local ordinance;
| 16 | | 39. Has committed a second or subsequent violation of | 17 | | Section
11-1201 of this Code;
| 18 | | 40. Has committed a violation of subsection (a-1) of | 19 | | Section 11-908 of
this Code; | 20 | | 41. Has committed a second or subsequent violation of | 21 | | Section 11-605.1 of this Code within 2 years of the date of | 22 | | the previous violation, in which case the suspension shall | 23 | | be for 90 days; | 24 | | 42. Has committed a violation of subsection (a-1) of | 25 | | Section 11-1301.3 of this Code;
| 26 | | 43. (Blank) Has received a disposition of court |
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| 1 | | supervision for a violation of subsection (a), (d), or (e) | 2 | | of Section 6-20 of the Liquor
Control Act of 1934 or a | 3 | | similar provision of a local ordinance, in which case the | 4 | | suspension shall be for a period of 3 months ;
| 5 | | 44.
Is under the age of 21 years at the time of arrest | 6 | | and has been convicted of an offense against traffic | 7 | | regulations governing the movement of vehicles after | 8 | | having previously had his or her driving privileges
| 9 | | suspended or revoked pursuant to subparagraph 36 of this | 10 | | Section; or | 11 | | 45.
Has, in connection with or during the course of a | 12 | | formal hearing conducted under Section 2-118 of this Code: | 13 | | (i) committed perjury; (ii) submitted fraudulent or | 14 | | falsified documents; (iii) submitted documents that have | 15 | | been materially altered; or (iv) submitted, as his or her | 16 | | own, documents that were in fact prepared or composed for | 17 | | another person.
| 18 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 19 | | and 27 of this
subsection, license means any driver's license, | 20 | | any traffic ticket issued when
the person's driver's license is | 21 | | deposited in lieu of bail, a suspension
notice issued by the | 22 | | Secretary of State, a duplicate or corrected driver's
license, | 23 | | a probationary driver's license or a temporary driver's | 24 | | license.
| 25 | | (b) If any conviction forming the basis of a suspension or
| 26 | | revocation authorized under this Section is appealed, the
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| 1 | | Secretary of State may rescind or withhold the entry of the | 2 | | order of suspension
or revocation, as the case may be, provided | 3 | | that a certified copy of a stay
order of a court is filed with | 4 | | the Secretary of State. If the conviction is
affirmed on | 5 | | appeal, the date of the conviction shall relate back to the | 6 | | time
the original judgment of conviction was entered and the 6 | 7 | | month limitation
prescribed shall not apply.
| 8 | | (c) 1. Upon suspending or revoking the driver's license or | 9 | | permit of
any person as authorized in this Section, the | 10 | | Secretary of State shall
immediately notify the person in | 11 | | writing of the revocation or suspension.
The notice to be | 12 | | deposited in the United States mail, postage prepaid,
to the | 13 | | last known address of the person.
| 14 | | 2. If the Secretary of State suspends the driver's | 15 | | license
of a person under subsection 2 of paragraph (a) of | 16 | | this Section, a
person's privilege to operate a vehicle as | 17 | | an occupation shall not be
suspended, provided an affidavit | 18 | | is properly completed, the appropriate fee
received, and a | 19 | | permit issued prior to the effective date of the
| 20 | | suspension, unless 5 offenses were committed, at least 2 of | 21 | | which occurred
while operating a commercial vehicle in | 22 | | connection with the driver's
regular occupation. All other | 23 | | driving privileges shall be suspended by the
Secretary of | 24 | | State. Any driver prior to operating a vehicle for
| 25 | | occupational purposes only must submit the affidavit on | 26 | | forms to be
provided by the Secretary of State setting |
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| 1 | | forth the facts of the person's
occupation. The affidavit | 2 | | shall also state the number of offenses
committed while | 3 | | operating a vehicle in connection with the driver's regular
| 4 | | occupation. The affidavit shall be accompanied by the | 5 | | driver's license.
Upon receipt of a properly completed | 6 | | affidavit, the Secretary of State
shall issue the driver a | 7 | | permit to operate a vehicle in connection with the
driver's | 8 | | regular occupation only. Unless the permit is issued by the
| 9 | | Secretary of State prior to the date of suspension, the | 10 | | privilege to drive
any motor vehicle shall be suspended as | 11 | | set forth in the notice that was
mailed under this Section. | 12 | | If an affidavit is received subsequent to the
effective | 13 | | date of this suspension, a permit may be issued for the | 14 | | remainder
of the suspension period.
| 15 | | The provisions of this subparagraph shall not apply to | 16 | | any driver
required to possess a CDL for the purpose of | 17 | | operating a commercial motor vehicle.
| 18 | | Any person who falsely states any fact in the affidavit | 19 | | required
herein shall be guilty of perjury under Section | 20 | | 6-302 and upon conviction
thereof shall have all driving | 21 | | privileges revoked without further rights.
| 22 | | 3. At the conclusion of a hearing under Section 2-118 | 23 | | of this Code,
the Secretary of State shall either rescind | 24 | | or continue an order of
revocation or shall substitute an | 25 | | order of suspension; or, good
cause appearing therefor, | 26 | | rescind, continue, change, or extend the
order of |
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| 1 | | suspension. If the Secretary of State does not rescind the | 2 | | order,
the Secretary may upon application,
to relieve undue | 3 | | hardship (as defined by the rules of the Secretary of | 4 | | State), issue
a restricted driving permit granting the | 5 | | privilege of driving a motor
vehicle between the | 6 | | petitioner's residence and petitioner's place of
| 7 | | employment or within the scope of the petitioner's | 8 | | employment related duties, or to
allow the petitioner to | 9 | | transport himself or herself, or a family member of the
| 10 | | petitioner's household to a medical facility, to receive | 11 | | necessary medical care, to allow the petitioner to | 12 | | transport himself or herself to and from alcohol or drug
| 13 | | remedial or rehabilitative activity recommended by a | 14 | | licensed service provider, or to allow the petitioner to | 15 | | transport himself or herself or a family member of the | 16 | | petitioner's household to classes, as a student, at an | 17 | | accredited educational institution, or to allow the | 18 | | petitioner to transport children, elderly persons, or | 19 | | disabled persons who do not hold driving privileges and are | 20 | | living in the petitioner's household to and from daycare. | 21 | | The
petitioner must demonstrate that no alternative means | 22 | | of
transportation is reasonably available and that the | 23 | | petitioner will not endanger
the public safety or welfare. | 24 | | Those multiple offenders identified in subdivision (b)4 of | 25 | | Section 6-208 of this Code, however, shall not be eligible | 26 | | for the issuance of a restricted driving permit.
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| 1 | |
(A) If a person's license or permit is revoked or | 2 | | suspended due to 2
or more convictions of violating | 3 | | Section 11-501 of this Code or a similar
provision of a | 4 | | local ordinance or a similar out-of-state offense, or | 5 | | Section 9-3 of the Criminal Code of 1961, where the use | 6 | | of alcohol or other drugs is recited as an element of | 7 | | the offense, or a similar out-of-state offense, or a | 8 | | combination of these offenses, arising out
of separate | 9 | | occurrences, that person, if issued a restricted | 10 | | driving permit,
may not operate a vehicle unless it has | 11 | | been equipped with an ignition
interlock device as | 12 | | defined in Section 1-129.1.
| 13 | | (B) If a person's license or permit is revoked or | 14 | | suspended 2 or more
times within a 10 year period due | 15 | | to any combination of: | 16 | | (i) a single conviction of violating Section
| 17 | | 11-501 of this Code or a similar provision of a | 18 | | local ordinance or a similar
out-of-state offense | 19 | | or Section 9-3 of the Criminal Code of 1961, where | 20 | | the use of alcohol or other drugs is recited as an | 21 | | element of the offense, or a similar out-of-state | 22 | | offense; or | 23 | | (ii) a statutory summary suspension or | 24 | | revocation under Section
11-501.1; or | 25 | | (iii) a suspension under Section 6-203.1; | 26 | | arising out of
separate occurrences; that person, if |
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| 1 | | issued a restricted driving permit, may
not operate a | 2 | | vehicle unless it has been
equipped with an ignition | 3 | | interlock device as defined in Section 1-129.1. | 4 | | (C)
The person issued a permit conditioned upon the | 5 | | use of an ignition interlock device must pay to the | 6 | | Secretary of State DUI Administration Fund an amount
| 7 | | not to exceed $30 per month. The Secretary shall | 8 | | establish by rule the amount
and the procedures, terms, | 9 | | and conditions relating 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 | 14 | | operation of an occupational vehicle owned or
leased by | 15 | | that person's employer when used solely for employment | 16 | | purposes. | 17 | | (E) In each case the Secretary may issue a
| 18 | | restricted driving permit for a period deemed | 19 | | appropriate, except that all
permits shall expire | 20 | | within one year from the date of issuance. The | 21 | | Secretary
may not, however, issue a restricted driving | 22 | | permit to any person whose current
revocation is the | 23 | | result of a second or subsequent conviction for a | 24 | | violation
of Section 11-501 of this Code or a similar | 25 | | provision of a local ordinance
or any similar | 26 | | out-of-state offense, or Section 9-3 of the Criminal |
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| 1 | | Code of 1961, where the use of alcohol or other drugs | 2 | | is recited as an element of the offense, or any similar | 3 | | out-of-state offense, or any combination
of those | 4 | | offenses, until the expiration of at least one year | 5 | | from the date of
the revocation. A
restricted driving | 6 | | permit issued under this Section shall be subject to
| 7 | | cancellation, revocation, and suspension by the | 8 | | Secretary of State in like
manner and for like cause as | 9 | | a driver's license issued under this Code may be
| 10 | | cancelled, revoked, or suspended; except that a | 11 | | conviction upon one or more
offenses against laws or | 12 | | ordinances regulating the movement of traffic
shall be | 13 | | deemed sufficient cause for the revocation, | 14 | | suspension, or
cancellation of a restricted driving | 15 | | permit. The Secretary of State may, as
a condition to | 16 | | the issuance of a restricted driving permit, require | 17 | | the
applicant to participate in a designated driver | 18 | | remedial or rehabilitative
program. The Secretary of | 19 | | State is authorized to cancel a restricted
driving | 20 | | permit if the permit holder does not successfully | 21 | | complete the program.
| 22 | | (c-3) (Blank) In the case of a suspension under paragraph | 23 | | 43 of subsection (a), reports received by the Secretary of | 24 | | State under this Section shall, except during the actual time | 25 | | the suspension is in effect, be privileged information and for | 26 | | use only by the courts, police officers, prosecuting |
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| 1 | | authorities, the driver licensing administrator of any other | 2 | | state, the Secretary of State, or the parent or legal guardian | 3 | | of a driver under the age of 18. However, beginning January 1, | 4 | | 2008, if the person is a CDL holder, the suspension shall also | 5 | | be made available to the driver licensing administrator of any | 6 | | other state, the U.S. Department of Transportation, and the | 7 | | affected driver or motor
carrier or prospective motor carrier | 8 | | upon request .
| 9 | | (c-4) (Blank) In the case of a suspension under paragraph | 10 | | 43 of subsection (a), the Secretary of State shall notify the | 11 | | person by mail that his or her driving privileges and driver's | 12 | | license will be suspended one month after the date of the | 13 | | mailing of the notice .
| 14 | | (c-5) The Secretary of State may, as a condition of the | 15 | | reissuance of a
driver's license or permit to an applicant | 16 | | whose driver's license or permit has
been suspended before he | 17 | | or she reached the age of 21 years pursuant to any of
the | 18 | | provisions of this Section, require the applicant to | 19 | | participate in a
driver remedial education course and be | 20 | | retested under Section 6-109 of this
Code.
| 21 | | (d) This Section is subject to the provisions of the | 22 | | Drivers License
Compact.
| 23 | | (e) The Secretary of State shall not issue a restricted | 24 | | driving permit to
a person under the age of 16 years whose | 25 | | driving privileges have been suspended
or revoked under any | 26 | | provisions of this Code.
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| 1 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 2 | | State may not issue a restricted driving permit for the | 3 | | operation of a commercial motor vehicle to a person holding a | 4 | | CDL whose driving privileges have been suspended, revoked, | 5 | | cancelled, or disqualified under any provisions of this Code. | 6 | | (Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382, | 7 | | eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848, | 8 | | eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328, | 9 | | eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11; | 10 | | 96-1305, eff. 1-1-11; 96-1344, eff. 7-1-11; revised 9-2-10.) | 11 | | Section 95. No acceleration or delay. Where this Act makes | 12 | | changes in a statute that is represented in this Act by text | 13 | | that is not yet or no longer in effect (for example, a Section | 14 | | represented by multiple versions), the use of that text does | 15 | | not accelerate or delay the taking effect of (i) the changes | 16 | | made by this Act or (ii) provisions derived from any other | 17 | | Public Act.
| 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2011.
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