Full Text of HB3860 103rd General Assembly
HB3860 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3860 Introduced 2/17/2023, by Rep. Harry Benton SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that a driver shall be permanently banned from holding a commercial driver's license if the driver uses a commercial motor vehicle in the commission of any felony involving the trafficking in persons. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 6-514 as follows:
| 6 | | (625 ILCS 5/6-514)
| 7 | | (Text of Section before amendment by P.A. 102-982 )
| 8 | | Sec. 6-514. Commercial driver's license (CDL); commercial | 9 | | learner's permit (CLP); disqualifications.
| 10 | | (a) A person shall be disqualified from driving a | 11 | | commercial motor
vehicle for a period of not less than 12 | 12 | | months for the first violation of:
| 13 | | (1) Refusing to submit to or failure to complete a | 14 | | test or tests to determine the driver's blood | 15 | | concentration of alcohol, other drug, or both
while | 16 | | driving a commercial motor vehicle or, if the driver is a | 17 | | CLP or CDL holder, while driving a non-CMV; or
| 18 | | (2) Operating a commercial motor vehicle while the | 19 | | alcohol
concentration of the person's blood, breath, other | 20 | | bodily substance, or urine is at least 0.04, or any
amount | 21 | | of a drug, substance, or compound in the person's blood, | 22 | | other bodily substance, or urine
resulting from the | 23 | | unlawful use or consumption of cannabis listed in the
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| 1 | | Cannabis Control Act, a controlled substance listed in the | 2 | | Illinois
Controlled Substances Act, or methamphetamine as | 3 | | listed in the Methamphetamine Control and Community | 4 | | Protection Act as indicated by a police officer's sworn | 5 | | report or
other verified evidence; or operating a | 6 | | non-commercial motor vehicle while the alcohol | 7 | | concentration of the person's blood, breath, other bodily | 8 | | substance, or urine was above the legal limit defined in | 9 | | Section 11-501.1 or 11-501.8 or any amount of a drug, | 10 | | substance, or compound in the person's blood, other bodily | 11 | | substance, or urine resulting from the unlawful use or | 12 | | consumption of cannabis listed in the Cannabis Control | 13 | | Act, a controlled substance listed in the Illinois | 14 | | Controlled Substances Act, or methamphetamine as listed in | 15 | | the Methamphetamine Control and Community Protection Act
| 16 | | as indicated by a police officer's sworn report or other | 17 | | verified evidence while holding a CLP or CDL; or
| 18 | | (3) Conviction for a first violation of:
| 19 | | (i) Driving a commercial motor vehicle or, if the | 20 | | driver is a CLP or CDL holder, driving a non-CMV while | 21 | | under the influence of
alcohol, or any other drug, or | 22 | | combination of drugs to a degree which
renders such | 23 | | person incapable of safely driving; or
| 24 | | (ii) Knowingly leaving the scene of an accident | 25 | | while
operating a commercial motor vehicle or, if the | 26 | | driver is a CLP or CDL holder, while driving a non-CMV; |
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| 1 | | or
| 2 | | (iii) Driving a commercial motor vehicle or, if | 3 | | the driver is a CLP or CDL holder, driving a non-CMV | 4 | | while committing any felony; or | 5 | | (iv) Driving a commercial motor vehicle while the | 6 | | person's driving privileges or driver's license or | 7 | | permit is revoked, suspended, or cancelled or the | 8 | | driver is disqualified from operating a commercial | 9 | | motor vehicle; or | 10 | | (v) Causing a fatality through the negligent | 11 | | operation of a commercial motor vehicle, including but | 12 | | not limited to the crimes of motor vehicle | 13 | | manslaughter, homicide by a motor vehicle, and | 14 | | negligent homicide. | 15 | | As used in this subdivision (a)(3)(v), "motor | 16 | | vehicle manslaughter" means the offense of involuntary | 17 | | manslaughter if committed by means of a vehicle; | 18 | | "homicide by a motor vehicle" means the offense of | 19 | | first degree murder or second degree murder, if either | 20 | | offense is committed by means of a vehicle; and | 21 | | "negligent homicide" means reckless homicide under | 22 | | Section 9-3 of the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012 and aggravated driving under the | 24 | | influence of alcohol, other drug or drugs, | 25 | | intoxicating compound or compounds, or any combination | 26 | | thereof under subdivision (d)(1)(F) of Section 11-501 |
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| 1 | | of this Code.
| 2 | | If any of the above violations or refusals occurred | 3 | | while
transporting hazardous material(s) required to be | 4 | | placarded, the person
shall be disqualified for a period | 5 | | of not less than 3 years; or
| 6 | | (4) (Blank). | 7 | | (b) A person is disqualified for life for a second | 8 | | conviction of any of
the offenses specified in paragraph (a), | 9 | | or any combination of those
offenses, arising from 2 or more | 10 | | separate incidents.
| 11 | | (c) A person is disqualified from driving a commercial | 12 | | motor vehicle for
life if the person either (i) uses a | 13 | | commercial motor vehicle in the commission of any felony
| 14 | | involving the manufacture, distribution, or dispensing of a | 15 | | controlled
substance, or possession with intent to | 16 | | manufacture, distribute or dispense
a controlled substance , or | 17 | | (ii) if the person is a CLP or CDL holder, uses a non-CMV in | 18 | | the commission of a felony involving any of those activities , | 19 | | or (iii) uses a commercial motor vehicle in the commission of | 20 | | any felony involving the trafficking in persons .
| 21 | | (d) The Secretary of State may, when the United States | 22 | | Secretary of
Transportation so authorizes, issue regulations | 23 | | in which a disqualification
for life under paragraph (b) may | 24 | | be reduced to a period of not less than 10
years.
If a | 25 | | reinstated driver is subsequently convicted of another | 26 | | disqualifying
offense, as specified in subsection (a) of this |
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| 1 | | Section, he or she shall be
permanently disqualified for life | 2 | | and shall be ineligible to again apply for a
reduction of the | 3 | | lifetime disqualification.
| 4 | | (e) A person is disqualified from driving a commercial | 5 | | motor vehicle for
a period of not less than 2 months if | 6 | | convicted of 2 serious traffic
violations, committed in a | 7 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, | 8 | | or any combination thereof, arising from separate
incidents, | 9 | | occurring within a 3-year period, provided the serious traffic | 10 | | violation committed in a non-CMV would result in the | 11 | | suspension or revocation of the CLP or CDL holder's non-CMV | 12 | | privileges. However, a person will be
disqualified from | 13 | | driving a commercial motor vehicle for a period of not less
| 14 | | than 4 months if convicted of 3 serious traffic violations, | 15 | | committed in a
commercial motor vehicle, non-CMV while holding | 16 | | a CLP or CDL, or any combination thereof, arising from | 17 | | separate incidents, occurring within a 3-year period, provided | 18 | | the serious traffic violation committed in a non-CMV would | 19 | | result in the suspension or revocation of the CLP or CDL | 20 | | holder's non-CMV privileges. If all the convictions occurred | 21 | | in a non-CMV, the disqualification shall be entered only if | 22 | | the convictions would result in the suspension or revocation | 23 | | of the CLP or CDL holder's non-CMV privileges.
| 24 | | (e-1) (Blank).
| 25 | | (f) Notwithstanding any other provision of this Code, any | 26 | | driver
disqualified from operating a commercial motor vehicle, |
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| 1 | | pursuant to this
UCDLA, shall not be eligible for restoration | 2 | | of commercial driving
privileges during any such period of | 3 | | disqualification.
| 4 | | (g) After suspending, revoking, or cancelling a CLP or | 5 | | CDL, the Secretary of State must update the driver's records | 6 | | to reflect
such action within 10 days. After suspending or | 7 | | revoking the driving privilege
of any person who has been | 8 | | issued a CLP or CDL from another jurisdiction, the Secretary | 9 | | shall originate notification to
such issuing jurisdiction | 10 | | within 10 days.
| 11 | | (h) The "disqualifications" referred to in this Section | 12 | | shall not be
imposed upon any commercial motor vehicle driver, | 13 | | by the Secretary of
State, unless the prohibited action(s) | 14 | | occurred after March 31, 1992.
| 15 | | (i) A person is disqualified from driving a commercial | 16 | | motor vehicle in
accordance with the following:
| 17 | | (1) For 6 months upon a first conviction of paragraph | 18 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | 19 | | of this Code.
| 20 | | (2) For 2 years upon a second conviction of paragraph | 21 | | (2) of subsection
(b) or subsection (b-3) or any | 22 | | combination of paragraphs (2) or (3) of subsection (b) or | 23 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 24 | | within a 10-year period if the second conviction is a | 25 | | violation of paragraph (2) of subsection (b) or subsection | 26 | | (b-3).
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| 1 | | (3) For 3 years upon a third or subsequent conviction | 2 | | of paragraph (2) of
subsection (b) or subsection (b-3) or | 3 | | any combination of paragraphs (2) or (3) of subsection (b) | 4 | | or subsections (b-3) or (b-5) of Section 6-507 of this | 5 | | Code within a 10-year period if the third or subsequent | 6 | | conviction is a violation of paragraph (2) of subsection | 7 | | (b) or subsection (b-3).
| 8 | | (4) For one year upon a first conviction of paragraph | 9 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | 10 | | of this Code.
| 11 | | (5) For 3 years upon a second conviction of paragraph | 12 | | (3) of subsection
(b) or subsection (b-5) or any | 13 | | combination of paragraphs (2) or (3) of subsection (b) or | 14 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 15 | | within a 10-year period if the second conviction is a | 16 | | violation of paragraph (3) of subsection (b) or (b-5).
| 17 | | (6) For 5 years upon a third or subsequent conviction | 18 | | of paragraph (3) of
subsection (b) or subsection (b-5) or | 19 | | any combination of paragraphs (2) or (3) of subsection (b) | 20 | | or subsections (b-3) or (b-5) of Section 6-507 of this | 21 | | Code within a 10-year period if the third or subsequent | 22 | | conviction is a violation of paragraph (3) of subsection | 23 | | (b) or (b-5).
| 24 | | (j) Disqualification for railroad-highway grade crossing
| 25 | | violation.
| 26 | | (1) General rule. A driver who is convicted of a |
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| 1 | | violation of a federal,
State, or
local law or regulation | 2 | | pertaining to
one of the following 6 offenses at a | 3 | | railroad-highway grade crossing must be
disqualified
from | 4 | | operating a commercial motor vehicle for the period of | 5 | | time specified in
paragraph (2) of this subsection (j) if | 6 | | the offense was committed while
operating a commercial | 7 | | motor vehicle:
| 8 | | (i) For drivers who are not required to always | 9 | | stop, failing to
slow down and check that the tracks | 10 | | are clear of an approaching train or railroad track | 11 | | equipment, as
described in subsection (a-5) of Section | 12 | | 11-1201 of this Code;
| 13 | | (ii) For drivers who are not required to always | 14 | | stop, failing to
stop before reaching the crossing, if | 15 | | the tracks are not clear, as described in
subsection | 16 | | (a) of Section 11-1201 of this Code;
| 17 | | (iii) For drivers who are always required to stop, | 18 | | failing to stop
before driving onto the crossing, as | 19 | | described in Section 11-1202 of this Code;
| 20 | | (iv) For all drivers, failing to have sufficient | 21 | | space to drive
completely through the crossing without | 22 | | stopping, as described in subsection
(b) of Section | 23 | | 11-1425 of this Code;
| 24 | | (v) For all drivers, failing to obey a traffic | 25 | | control device or
the directions of an enforcement | 26 | | official at the crossing, as described in
subdivision |
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| 1 | | (a)2 of Section 11-1201 of this Code;
| 2 | | (vi) For all drivers, failing to negotiate a | 3 | | crossing because of
insufficient undercarriage | 4 | | clearance, as described in subsection (d-1) of
Section | 5 | | 11-1201 of this Code.
| 6 | | (2) Duration of disqualification for railroad-highway | 7 | | grade
crossing violation.
| 8 | | (i) First violation. A driver must be disqualified | 9 | | from operating a
commercial motor vehicle
for not less | 10 | | than 60 days if the driver is convicted of a violation | 11 | | described
in paragraph
(1) of this subsection (j) and, | 12 | | in the three-year period preceding the
conviction, the | 13 | | driver
had no convictions for a violation described in | 14 | | paragraph (1) of this
subsection (j).
| 15 | | (ii) Second violation. A driver must be | 16 | | disqualified from operating a
commercial
motor vehicle
| 17 | | for not less
than 120 days if the driver is convicted
| 18 | | of a violation described in paragraph (1) of this | 19 | | subsection (j) and, in the
three-year
period preceding | 20 | | the conviction, the driver had one other conviction | 21 | | for a
violation
described in paragraph (1) of this | 22 | | subsection (j) that was committed in a
separate
| 23 | | incident.
| 24 | | (iii) Third or subsequent violation. A driver must | 25 | | be disqualified from
operating a
commercial motor | 26 | | vehicle
for not less than one year if the driver is |
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| 1 | | convicted
of a violation described in paragraph (1) of | 2 | | this subsection (j) and, in the
three-year
period | 3 | | preceding the conviction, the driver had 2 or more | 4 | | other convictions for
violations
described in | 5 | | paragraph (1) of this subsection (j) that were | 6 | | committed in
separate incidents.
| 7 | | (k) Upon notification of a disqualification of a driver's | 8 | | commercial motor vehicle privileges imposed by the U.S. | 9 | | Department of Transportation, Federal Motor Carrier Safety | 10 | | Administration, in accordance with 49 CFR 383.52, the | 11 | | Secretary of State shall immediately record to the driving | 12 | | record the notice of disqualification and confirm to the | 13 | | driver the action that has been taken.
| 14 | | (l) A foreign commercial driver is subject to | 15 | | disqualification under this Section. | 16 | | (m) A person shall be disqualified from operating a | 17 | | commercial motor vehicle for life if that individual uses a | 18 | | commercial motor vehicle in the commission of a felony | 19 | | involving an act or practice of severe forms of human | 20 | | trafficking, as defined in 22 U.S.C. 7102(11). | 21 | | (Source: P.A. 102-749, eff. 1-1-23.) | 22 | | (Text of Section after amendment by P.A. 102-982 ) | 23 | | Sec. 6-514. Commercial driver's license (CDL); commercial | 24 | | learner's permit (CLP); disqualifications.
| 25 | | (a) A person shall be disqualified from driving a |
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| 1 | | commercial motor
vehicle for a period of not less than 12 | 2 | | months for the first violation of:
| 3 | | (1) Refusing to submit to or failure to complete a | 4 | | test or tests to determine the driver's blood | 5 | | concentration of alcohol, other drug, or both
while | 6 | | driving a commercial motor vehicle or, if the driver is a | 7 | | CLP or CDL holder, while driving a non-CMV; or
| 8 | | (2) Operating a commercial motor vehicle while the | 9 | | alcohol
concentration of the person's blood, breath, other | 10 | | bodily substance, or urine is at least 0.04, or any
amount | 11 | | of a drug, substance, or compound in the person's blood, | 12 | | other bodily substance, or urine
resulting from the | 13 | | unlawful use or consumption of cannabis listed in the
| 14 | | Cannabis Control Act, a controlled substance listed in the | 15 | | Illinois
Controlled Substances Act, or methamphetamine as | 16 | | listed in the Methamphetamine Control and Community | 17 | | Protection Act as indicated by a police officer's sworn | 18 | | report or
other verified evidence; or operating a | 19 | | non-commercial motor vehicle while the alcohol | 20 | | concentration of the person's blood, breath, other bodily | 21 | | substance, or urine was above the legal limit defined in | 22 | | Section 11-501.1 or 11-501.8 or any amount of a drug, | 23 | | substance, or compound in the person's blood, other bodily | 24 | | substance, or urine resulting from the unlawful use or | 25 | | consumption of cannabis listed in the Cannabis Control | 26 | | Act, a controlled substance listed in the Illinois |
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| 1 | | Controlled Substances Act, or methamphetamine as listed in | 2 | | the Methamphetamine Control and Community Protection Act
| 3 | | as indicated by a police officer's sworn report or other | 4 | | verified evidence while holding a CLP or CDL; or
| 5 | | (3) Conviction for a first violation of:
| 6 | | (i) Driving a commercial motor vehicle or, if the | 7 | | driver is a CLP or CDL holder, driving a non-CMV while | 8 | | under the influence of
alcohol, or any other drug, or | 9 | | combination of drugs to a degree which
renders such | 10 | | person incapable of safely driving; or
| 11 | | (ii) Knowingly leaving the scene of a crash while
| 12 | | operating a commercial motor vehicle or, if the driver | 13 | | is a CLP or CDL holder, while driving a non-CMV; or
| 14 | | (iii) Driving a commercial motor vehicle or, if | 15 | | the driver is a CLP or CDL holder, driving a non-CMV | 16 | | while committing any felony; or | 17 | | (iv) Driving a commercial motor vehicle while the | 18 | | person's driving privileges or driver's license or | 19 | | permit is revoked, suspended, or cancelled or the | 20 | | driver is disqualified from operating a commercial | 21 | | motor vehicle; or | 22 | | (v) Causing a fatality through the negligent | 23 | | operation of a commercial motor vehicle, including but | 24 | | not limited to the crimes of motor vehicle | 25 | | manslaughter, homicide by a motor vehicle, and | 26 | | negligent homicide. |
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| 1 | | As used in this subdivision (a)(3)(v), "motor | 2 | | vehicle manslaughter" means the offense of involuntary | 3 | | manslaughter if committed by means of a vehicle; | 4 | | "homicide by a motor vehicle" means the offense of | 5 | | first degree murder or second degree murder, if either | 6 | | offense is committed by means of a vehicle; and | 7 | | "negligent homicide" means reckless homicide under | 8 | | Section 9-3 of the Criminal Code of 1961 or the | 9 | | Criminal Code of 2012 and aggravated driving under the | 10 | | influence of alcohol, other drug or drugs, | 11 | | intoxicating compound or compounds, or any combination | 12 | | thereof under subdivision (d)(1)(F) of Section 11-501 | 13 | | of this Code.
| 14 | | If any of the above violations or refusals occurred | 15 | | while
transporting hazardous material(s) required to be | 16 | | placarded, the person
shall be disqualified for a period | 17 | | of not less than 3 years; or
| 18 | | (4) (Blank). | 19 | | (b) A person is disqualified for life for a second | 20 | | conviction of any of
the offenses specified in paragraph (a), | 21 | | or any combination of those
offenses, arising from 2 or more | 22 | | separate incidents.
| 23 | | (c) A person is disqualified from driving a commercial | 24 | | motor vehicle for
life if the person either (i) uses a | 25 | | commercial motor vehicle in the commission of any felony
| 26 | | involving the manufacture, distribution, or dispensing of a |
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| 1 | | controlled
substance, or possession with intent to | 2 | | manufacture, distribute or dispense
a controlled substance , or | 3 | | (ii) if the person is a CLP or CDL holder, uses a non-CMV in | 4 | | the commission of a felony involving any of those activities , | 5 | | or (iii) uses a commercial motor vehicle in the commission of | 6 | | any felony involving the trafficking in persons .
| 7 | | (d) The Secretary of State may, when the United States | 8 | | Secretary of
Transportation so authorizes, issue regulations | 9 | | in which a disqualification
for life under paragraph (b) may | 10 | | be reduced to a period of not less than 10
years.
If a | 11 | | reinstated driver is subsequently convicted of another | 12 | | disqualifying
offense, as specified in subsection (a) of this | 13 | | Section, he or she shall be
permanently disqualified for life | 14 | | and shall be ineligible to again apply for a
reduction of the | 15 | | lifetime disqualification.
| 16 | | (e) A person is disqualified from driving a commercial | 17 | | motor vehicle for
a period of not less than 2 months if | 18 | | convicted of 2 serious traffic
violations, committed in a | 19 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, | 20 | | or any combination thereof, arising from separate
incidents, | 21 | | occurring within a 3-year period, provided the serious traffic | 22 | | violation committed in a non-CMV would result in the | 23 | | suspension or revocation of the CLP or CDL holder's non-CMV | 24 | | privileges. However, a person will be
disqualified from | 25 | | driving a commercial motor vehicle for a period of not less
| 26 | | than 4 months if convicted of 3 serious traffic violations, |
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| 1 | | committed in a
commercial motor vehicle, non-CMV while holding | 2 | | a CLP or CDL, or any combination thereof, arising from | 3 | | separate incidents, occurring within a 3-year period, provided | 4 | | the serious traffic violation committed in a non-CMV would | 5 | | result in the suspension or revocation of the CLP or CDL | 6 | | holder's non-CMV privileges. If all the convictions occurred | 7 | | in a non-CMV, the disqualification shall be entered only if | 8 | | the convictions would result in the suspension or revocation | 9 | | of the CLP or CDL holder's non-CMV privileges.
| 10 | | (e-1) (Blank).
| 11 | | (f) Notwithstanding any other provision of this Code, any | 12 | | driver
disqualified from operating a commercial motor vehicle, | 13 | | pursuant to this
UCDLA, shall not be eligible for restoration | 14 | | of commercial driving
privileges during any such period of | 15 | | disqualification.
| 16 | | (g) After suspending, revoking, or cancelling a CLP or | 17 | | CDL, the Secretary of State must update the driver's records | 18 | | to reflect
such action within 10 days. After suspending or | 19 | | revoking the driving privilege
of any person who has been | 20 | | issued a CLP or CDL from another jurisdiction, the Secretary | 21 | | shall originate notification to
such issuing jurisdiction | 22 | | within 10 days.
| 23 | | (h) The "disqualifications" referred to in this Section | 24 | | shall not be
imposed upon any commercial motor vehicle driver, | 25 | | by the Secretary of
State, unless the prohibited action(s) | 26 | | occurred after March 31, 1992.
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| 1 | | (i) A person is disqualified from driving a commercial | 2 | | motor vehicle in
accordance with the following:
| 3 | | (1) For 6 months upon a first conviction of paragraph | 4 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | 5 | | of this Code.
| 6 | | (2) For 2 years upon a second conviction of paragraph | 7 | | (2) of subsection
(b) or subsection (b-3) or any | 8 | | combination of paragraphs (2) or (3) of subsection (b) or | 9 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 10 | | within a 10-year period if the second conviction is a | 11 | | violation of paragraph (2) of subsection (b) or subsection | 12 | | (b-3).
| 13 | | (3) For 3 years upon a third or subsequent conviction | 14 | | of paragraph (2) of
subsection (b) or subsection (b-3) or | 15 | | any combination of paragraphs (2) or (3) of subsection (b) | 16 | | or subsections (b-3) or (b-5) of Section 6-507 of this | 17 | | Code within a 10-year period if the third or subsequent | 18 | | conviction is a violation of paragraph (2) of subsection | 19 | | (b) or subsection (b-3).
| 20 | | (4) For one year upon a first conviction of paragraph | 21 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | 22 | | of this Code.
| 23 | | (5) For 3 years upon a second conviction of paragraph | 24 | | (3) of subsection
(b) or subsection (b-5) or any | 25 | | combination of paragraphs (2) or (3) of subsection (b) or | 26 | | subsections (b-3) or (b-5) of Section 6-507 of this Code |
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| 1 | | within a 10-year period if the second conviction is a | 2 | | violation of paragraph (3) of subsection (b) or (b-5).
| 3 | | (6) For 5 years upon a third or subsequent conviction | 4 | | of paragraph (3) of
subsection (b) or subsection (b-5) or | 5 | | any combination of paragraphs (2) or (3) of subsection (b) | 6 | | or subsections (b-3) or (b-5) of Section 6-507 of this | 7 | | Code within a 10-year period if the third or subsequent | 8 | | conviction is a violation of paragraph (3) of subsection | 9 | | (b) or (b-5).
| 10 | | (j) Disqualification for railroad-highway grade crossing
| 11 | | violation.
| 12 | | (1) General rule. A driver who is convicted of a | 13 | | violation of a federal,
State, or
local law or regulation | 14 | | pertaining to
one of the following 6 offenses at a | 15 | | railroad-highway grade crossing must be
disqualified
from | 16 | | operating a commercial motor vehicle for the period of | 17 | | time specified in
paragraph (2) of this subsection (j) if | 18 | | the offense was committed while
operating a commercial | 19 | | motor vehicle:
| 20 | | (i) For drivers who are not required to always | 21 | | stop, failing to
slow down and check that the tracks | 22 | | are clear of an approaching train or railroad track | 23 | | equipment, as
described in subsection (a-5) of Section | 24 | | 11-1201 of this Code;
| 25 | | (ii) For drivers who are not required to always | 26 | | stop, failing to
stop before reaching the crossing, if |
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| 1 | | the tracks are not clear, as described in
subsection | 2 | | (a) of Section 11-1201 of this Code;
| 3 | | (iii) For drivers who are always required to stop, | 4 | | failing to stop
before driving onto the crossing, as | 5 | | described in Section 11-1202 of this Code;
| 6 | | (iv) For all drivers, failing to have sufficient | 7 | | space to drive
completely through the crossing without | 8 | | stopping, as described in subsection
(b) of Section | 9 | | 11-1425 of this Code;
| 10 | | (v) For all drivers, failing to obey a traffic | 11 | | control device or
the directions of an enforcement | 12 | | official at the crossing, as described in
subdivision | 13 | | (a)2 of Section 11-1201 of this Code;
| 14 | | (vi) For all drivers, failing to negotiate a | 15 | | crossing because of
insufficient undercarriage | 16 | | clearance, as described in subsection (d-1) of
Section | 17 | | 11-1201 of this Code.
| 18 | | (2) Duration of disqualification for railroad-highway | 19 | | grade
crossing violation.
| 20 | | (i) First violation. A driver must be disqualified | 21 | | from operating a
commercial motor vehicle
for not less | 22 | | than 60 days if the driver is convicted of a violation | 23 | | described
in paragraph
(1) of this subsection (j) and, | 24 | | in the three-year period preceding the
conviction, the | 25 | | driver
had no convictions for a violation described in | 26 | | paragraph (1) of this
subsection (j).
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| 1 | | (ii) Second violation. A driver must be | 2 | | disqualified from operating a
commercial
motor vehicle
| 3 | | for not less
than 120 days if the driver is convicted
| 4 | | of a violation described in paragraph (1) of this | 5 | | subsection (j) and, in the
three-year
period preceding | 6 | | the conviction, the driver had one other conviction | 7 | | for a
violation
described in paragraph (1) of this | 8 | | subsection (j) that was committed in a
separate
| 9 | | incident.
| 10 | | (iii) Third or subsequent violation. A driver must | 11 | | be disqualified from
operating a
commercial motor | 12 | | vehicle
for not less than one year if the driver is | 13 | | convicted
of a violation described in paragraph (1) of | 14 | | this subsection (j) and, in the
three-year
period | 15 | | preceding the conviction, the driver had 2 or more | 16 | | other convictions for
violations
described in | 17 | | paragraph (1) of this subsection (j) that were | 18 | | committed in
separate incidents.
| 19 | | (k) Upon notification of a disqualification of a driver's | 20 | | commercial motor vehicle privileges imposed by the U.S. | 21 | | Department of Transportation, Federal Motor Carrier Safety | 22 | | Administration, in accordance with 49 CFR 383.52, the | 23 | | Secretary of State shall immediately record to the driving | 24 | | record the notice of disqualification and confirm to the | 25 | | driver the action that has been taken.
| 26 | | (l) A foreign commercial driver is subject to |
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| 1 | | disqualification under this Section. | 2 | | (m) A person shall be disqualified from operating a | 3 | | commercial motor vehicle for life if that individual uses a | 4 | | commercial motor vehicle in the commission of a felony | 5 | | involving an act or practice of severe forms of human | 6 | | trafficking, as defined in 22 U.S.C. 7102(11). | 7 | | (Source: P.A. 102-749, eff. 1-1-23; 102-982, eff. 7-1-23; | 8 | | revised 12-14-22.) | 9 | | Section 95. No acceleration or delay. Where this Act makes | 10 | | changes in a statute that is represented in this Act by text | 11 | | that is not yet or no longer in effect (for example, a Section | 12 | | represented by multiple versions), the use of that text does | 13 | | not accelerate or delay the taking effect of (i) the changes | 14 | | made by this Act or (ii) provisions derived from any other | 15 | | Public Act.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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