Full Text of HB4088 99th General Assembly
HB4088 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4088 Introduced , by Rep. Charles E. Meier SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-707 | from Ch. 95 1/2, par. 3-707 | 625 ILCS 5/6-118 | | 625 ILCS 5/6-205 | | 625 ILCS 5/7-606 | from Ch. 95 1/2, par. 7-606 |
|
Amends the Illinois Vehicle Code. Provides that uninsured operation of a motor vehicle resulting in bodily harm or death to another person is a Class 4 felony, with a minimum fine of $10,000 and a driver's license revocation for one year. Provides that a second violation of operation of a motor vehicle resulting in bodily harm or death to another person is a Class 3 felony, with a minimum fine of $20,000 and a lifetime driving privilege revocation. Provides that if a person convicted of uninsured operation of a motor vehicle resulting in bodily harm or death to another person has previously been convicted of one or more violations of driving without liability insurance, a fine of $3,000 (rather than $2,500) must be imposed. Raises the penalty and reinstatement fee for a violation of operating a motor vehicle without liability insurance. Makes conforming changes.
|
| |
| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
|
| | | HB4088 | | LRB099 08586 RJF 28747 b |
|
| 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 3-707, 6-118, 6-205, and 7-606 as follows:
| 6 | | (625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
| 7 | | Sec. 3-707. Operation of uninsured motor vehicle - penalty.
| 8 | | (a) No person
shall operate a motor vehicle unless the | 9 | | motor vehicle is covered by a
liability insurance policy in | 10 | | accordance with Section 7-601 of this Code.
| 11 | | (a-5) A person commits the offense of operation of | 12 | | uninsured motor vehicle causing bodily harm or death when the | 13 | | person: | 14 | | (1) operates a motor vehicle in violation of Section | 15 | | 7-601 of this Code; and | 16 | | (2) causes, as a proximate result of the person's | 17 | | operation of the motor vehicle, bodily harm or death to | 18 | | another person. | 19 | | (a-6) Uninsured operation of a motor vehicle under | 20 | | subsection (a-5) is a Class 4 felony with a minimum fine of | 21 | | $10,000 A misdemeanor . If a person is convicted of the offense | 22 | | of operation of a motor vehicle for a second or subsequent | 23 | | violation under subsection (a-5) has previously been convicted |
| | | HB4088 | - 2 - | LRB099 08586 RJF 28747 b |
|
| 1 | | of 2 or more violations of subsection (a-5) of this Section , he | 2 | | or she is guilty of a Class 3 felony, and shall be fined a | 3 | | minimum of $20,000. If a person convicted of the offense of | 4 | | operation of a motor vehicle under subsection (a-5) has | 5 | | previously been convicted of one or more violations or of | 6 | | Section 7-601 of this Code, a fine of $3,000 $2,500 , in | 7 | | addition to any sentence of incarceration, must be imposed. | 8 | | (b) Any person who fails to comply with a request by a law | 9 | | enforcement
officer for display of evidence of insurance, as | 10 | | required under Section
7-602 of this Code, shall be deemed to | 11 | | be operating an uninsured motor vehicle.
| 12 | | (c) Except as provided in subsections (a-6) and (c-5), any | 13 | | operator of a motor vehicle subject to registration under this
| 14 | | Code
who is convicted of violating this Section is guilty of a | 15 | | business
offense and shall be required to pay a fine in excess | 16 | | of $500, but
not more than $1,000, except a person convicted of | 17 | | a second third or subsequent violation of this Section shall be | 18 | | required to pay a fine of $1,000. However, no person charged | 19 | | with violating this
Section shall be convicted if such person | 20 | | produces in court satisfactory
evidence that at the time of the | 21 | | arrest the motor vehicle was covered by a
liability insurance | 22 | | policy in accordance with Section 7-601 of this Code.
The chief | 23 | | judge of each circuit may designate an officer of the court to
| 24 | | review the documentation demonstrating that at the time of | 25 | | arrest the motor
vehicle was covered by a liability insurance | 26 | | policy in accordance with Section
7-601 of this Code. |
| | | HB4088 | - 3 - | LRB099 08586 RJF 28747 b |
|
| 1 | | (c-1) Except for subsection (a-5), a A person convicted of | 2 | | violating this Section shall also have his or her driver's | 3 | | license, permit, or privileges suspended for 3 months. After | 4 | | the expiration of the 3 months, the person's driver's license, | 5 | | permit, or privileges shall not be reinstated until he or she | 6 | | has paid a reinstatement fee of $150 $100 . A person convicted | 7 | | of violating subsection (a-5) for a first violation shall have | 8 | | his or her driver's license, permit, or privileges revoked for | 9 | | one year. For a second or subsequent violation of subsection | 10 | | (a-5), he or she shall be subject to lifetime revocation of | 11 | | driving privileges. If a person violates this Section while his | 12 | | or her driver's license, permit, or privileges are suspended or | 13 | | revoked under this subsection (c-1), his or her driver's | 14 | | license, permit, or privileges shall be suspended or revoked | 15 | | for an additional 12 6 months and until he or she pays the | 16 | | reinstatement fee.
| 17 | | (c-5) A person who (i) has not previously been convicted of | 18 | | or received a disposition of court supervision for violating | 19 | | this Section and (ii) produces at his or her court appearance | 20 | | satisfactory evidence that the motor vehicle is covered, as of | 21 | | the date of the court appearance, by a liability insurance | 22 | | policy in accordance with Section 7-601 of this Code shall, for | 23 | | a violation of this Section, other than a violation of | 24 | | subsection (a-5), pay a fine of $150 $100 and receive a | 25 | | disposition of court supervision. The person must, on the date | 26 | | that the period of court supervision is scheduled to terminate, |
| | | HB4088 | - 4 - | LRB099 08586 RJF 28747 b |
|
| 1 | | produce satisfactory evidence that the vehicle was covered by | 2 | | the required liability insurance policy during the entire | 3 | | period of court supervision. | 4 | | An officer of the court designated under subsection (c) may | 5 | | also review liability insurance documentation under this | 6 | | subsection (c-5) to determine if the motor vehicle is, as of | 7 | | the date of the court appearance, covered by a liability | 8 | | insurance policy in accordance with Section 7-601 of this Code. | 9 | | The officer of the court shall also determine, on the date the | 10 | | period of court supervision is scheduled to terminate, whether | 11 | | the vehicle was covered by the required policy during the | 12 | | entire period of court supervision.
| 13 | | (d) A person convicted a third or subsequent time of | 14 | | violating this
Section or a similar provision of a local | 15 | | ordinance must give proof to the
Secretary of State of the | 16 | | person's financial responsibility as defined in
Section 7-315. | 17 | | The person must maintain the proof in a manner satisfactory to
| 18 | | the Secretary for a minimum period of 3 years after the date | 19 | | the proof is
first filed. The Secretary must suspend the | 20 | | driver's license of any person
determined by the Secretary not | 21 | | to have provided adequate proof of financial
responsibility as | 22 | | required by this subsection.
| 23 | | (Source: P.A. 96-143, eff. 1-1-10; 97-407, eff. 1-1-12.)
| 24 | | (625 ILCS 5/6-118)
| 25 | | (Text of Section before amendment by P.A. 98-176 ) |
| | | HB4088 | - 5 - | LRB099 08586 RJF 28747 b |
|
| 1 | | Sec. 6-118. Fees. | 2 | | (a) The fee for licenses and permits under this
Article is | 3 | | as follows: | 4 | | Original driver's license .............................$30 | 5 | | Original or renewal driver's license | 6 | | issued to 18, 19 and 20 year olds .................. 5 | 7 | | All driver's licenses for persons | 8 | | age 69 through age 80 .............................. 5 | 9 | | All driver's licenses for persons | 10 | | age 81 through age 86 .............................. 2 | 11 | | All driver's licenses for persons | 12 | | age 87 or older .....................................0 | 13 | | Renewal driver's license (except for | 14 | | applicants ages 18, 19 and 20 or | 15 | | age 69 and older) ..................................30 | 16 | | Original instruction permit issued to | 17 | | persons (except those age 69 and older) | 18 | | who do not hold or have not previously | 19 | | held an Illinois instruction permit or | 20 | | driver's license .................................. 20 | 21 | | Instruction permit issued to any person | 22 | | holding an Illinois driver's license | 23 | | who wishes a change in classifications, | 24 | | other than at the time of renewal .................. 5 | 25 | | Any instruction permit issued to a person | 26 | | age 69 and older ................................... 5 |
| | | HB4088 | - 6 - | LRB099 08586 RJF 28747 b |
|
| 1 | | Instruction permit issued to any person, | 2 | | under age 69, not currently holding a | 3 | | valid Illinois driver's license or | 4 | | instruction permit but who has | 5 | | previously been issued either document | 6 | | in Illinois ....................................... 10 | 7 | | Restricted driving permit .............................. 8 | 8 | | Monitoring device driving permit ...................... 8 | 9 | | Duplicate or corrected driver's license | 10 | | or permit .......................................... 5 | 11 | | Duplicate or corrected restricted | 12 | | driving permit ..................................... 5 | 13 | | Duplicate or corrected monitoring | 14 | | device driving permit .................................. 5 | 15 | | Duplicate driver's license or permit issued to | 16 | | an active-duty member of the | 17 | | United States Armed Forces, | 18 | | the member's spouse, or | 19 | | the dependent children living | 20 | | with the member ................................... 0 | 21 | | Original or renewal M or L endorsement ................. 5 | 22 | | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | 23 | | The fees for commercial driver licenses and permits | 24 | | under Article V
shall be as follows: | 25 | | Commercial driver's license: | 26 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund |
| | | HB4088 | - 7 - | LRB099 08586 RJF 28747 b |
|
| 1 | | (Commercial Driver's License Information | 2 | | System/American Association of Motor Vehicle | 3 | | Administrators network/National Motor Vehicle | 4 | | Title Information Service Trust Fund); | 5 | | $20 for the Motor Carrier Safety Inspection Fund; | 6 | | $10 for the driver's license; | 7 | | and $24 for the CDL: ............................. $60 | 8 | | Renewal commercial driver's license: | 9 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | 10 | | $20 for the Motor Carrier Safety Inspection Fund; | 11 | | $10 for the driver's license; and | 12 | | $24 for the CDL: ................................. $60 | 13 | | Commercial driver instruction permit | 14 | | issued to any person holding a valid | 15 | | Illinois driver's license for the | 16 | | purpose of changing to a | 17 | | CDL classification: $6 for the | 18 | | CDLIS/AAMVAnet/NMVTIS Trust Fund; | 19 | | $20 for the Motor Carrier | 20 | | Safety Inspection Fund; and | 21 | | $24 for the CDL classification ................... $50 | 22 | | Commercial driver instruction permit | 23 | | issued to any person holding a valid | 24 | | Illinois CDL for the purpose of | 25 | | making a change in a classification, | 26 | | endorsement or restriction ........................ $5 |
| | | HB4088 | - 8 - | LRB099 08586 RJF 28747 b |
|
| 1 | | CDL duplicate or corrected license .................... $5 | 2 | | In order to ensure the proper implementation of the Uniform | 3 | | Commercial
Driver License Act, Article V of this Chapter, the | 4 | | Secretary of State is
empowered to pro-rate the $24 fee for the | 5 | | commercial driver's license
proportionate to the expiration | 6 | | date of the applicant's Illinois driver's
license. | 7 | | The fee for any duplicate license or permit shall be waived | 8 | | for any
person who presents the Secretary of State's office | 9 | | with a
police report showing that his license or permit was | 10 | | stolen. | 11 | | The fee for any duplicate license or permit shall be waived | 12 | | for any
person age 60 or older whose driver's license or permit | 13 | | has been lost or stolen. | 14 | | No additional fee shall be charged for a driver's license, | 15 | | or for a
commercial driver's license, when issued
to the holder | 16 | | of an instruction permit for the same classification or
type of | 17 | | license who becomes eligible for such
license. | 18 | | (b) Any person whose license or privilege to operate a | 19 | | motor vehicle
in this State has been suspended or revoked under | 20 | | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | 21 | | Section 7-205, 7-303, or 7-702 of the Family
Financial
| 22 | | Responsibility Law of this Code, shall in addition to any other
| 23 | | fees required by this Code, pay a reinstatement fee as follows: | 24 | | Suspension under Section 3-707 .....................
$100
| 25 | | Summary suspension under Section 11-501.1 ...........$250
| 26 | | Suspension under Section 11-501.9 ...................$250 |
| | | HB4088 | - 9 - | LRB099 08586 RJF 28747 b |
|
| 1 | | Summary revocation under Section 11-501.1 ............$500 | 2 | | Other suspension ......................................$70 | 3 | | Revocation ...........................................$500 | 4 | | However, any person whose license or privilege to operate a | 5 | | motor vehicle
in this State has been suspended or revoked for a | 6 | | second or subsequent time
for a violation of Section 11-501, | 7 | | 11-501.1, or 11-501.9
of this Code or a similar provision of a | 8 | | local ordinance
or a similar out-of-state offense
or Section | 9 | | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| 10 | | and each suspension or revocation was for a violation of | 11 | | Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar | 12 | | provision of a local ordinance
or a similar out-of-state | 13 | | offense
or Section
9-3 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012
shall pay, in addition to any other
fees | 15 | | required by this Code, a
reinstatement
fee as follows: | 16 | | Summary suspension under Section 11-501.1 ............$500 | 17 | | Suspension under Section 11-501.9 ...................$500 | 18 | | Summary revocation under Section 11-501.1 ............$500 | 19 | | Revocation ...........................................$500 | 20 | | (c) All fees collected under the provisions of this Chapter | 21 | | 6 shall be
paid into the Road Fund in the State Treasury except | 22 | | as follows: | 23 | | 1. The following amounts shall be paid into the Driver | 24 | | Education Fund: | 25 | | (A) $16 of the $20
fee for an original driver's | 26 | | instruction permit; |
| | | HB4088 | - 10 - | LRB099 08586 RJF 28747 b |
|
| 1 | | (B) $5 of the $30 fee for an original driver's | 2 | | license; | 3 | | (C) $5 of the $30 fee for a 4 year renewal driver's | 4 | | license;
| 5 | | (D) $4 of the $8 fee for a restricted driving | 6 | | permit; and | 7 | | (E) $4 of the $8 fee for a monitoring device | 8 | | driving permit. | 9 | | 2. $30 of the $250 fee for reinstatement of a
license
| 10 | | summarily suspended under Section 11-501.1 or suspended | 11 | | under Section 11-501.9 shall be deposited into the
Drunk | 12 | | and Drugged Driving Prevention Fund.
However, for a person | 13 | | whose license or privilege to operate a motor vehicle
in | 14 | | this State has been suspended or revoked for a second or | 15 | | subsequent time for
a violation of Section 11-501, | 16 | | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
| 17 | | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | 18 | | the $500 fee for reinstatement of a license summarily
| 19 | | suspended under
Section 11-501.1 or suspended under | 20 | | Section 11-501.9,
and $190 of the $500 fee for | 21 | | reinstatement of a revoked license
shall be deposited into | 22 | | the Drunk and Drugged Driving Prevention Fund. $190 of the | 23 | | $500 fee for reinstatement of a license summarily revoked | 24 | | pursuant to Section 11-501.1 shall be deposited into the | 25 | | Drunk and Drugged Driving Prevention Fund. | 26 | | 3. $6 of such original or renewal fee for a commercial |
| | | HB4088 | - 11 - | LRB099 08586 RJF 28747 b |
|
| 1 | | driver's
license and $6 of the commercial driver | 2 | | instruction permit fee when such
permit is issued to any | 3 | | person holding a valid Illinois driver's license,
shall be | 4 | | paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund. | 5 | | 4. $30 of the $70 fee for reinstatement of a license | 6 | | suspended
under the
Family
Financial Responsibility Law | 7 | | shall be paid into the Family Responsibility
Fund. | 8 | | 5. The $5 fee for each original or renewal M or L | 9 | | endorsement shall be
deposited into the Cycle Rider Safety | 10 | | Training Fund. | 11 | | 6. $20 of any original or renewal fee for a commercial | 12 | | driver's
license or commercial driver instruction permit | 13 | | shall be paid into the Motor
Carrier Safety Inspection | 14 | | Fund. | 15 | | 7. The following amounts shall be paid into the General | 16 | | Revenue Fund: | 17 | | (A) $190 of the $250 reinstatement fee for a | 18 | | summary suspension under
Section 11-501.1 or a | 19 | | suspension under Section 11-501.9; | 20 | | (B) $40 of the $70 reinstatement fee for any other | 21 | | suspension provided
in subsection (b) of this Section; | 22 | | and | 23 | | (C) $440 of the $500 reinstatement fee for a first | 24 | | offense revocation
and $310 of the $500 reinstatement | 25 | | fee for a second or subsequent revocation. | 26 | | (d) All of the proceeds of the additional fees imposed by |
| | | HB4088 | - 12 - | LRB099 08586 RJF 28747 b |
|
| 1 | | this amendatory Act of the 96th General Assembly shall be | 2 | | deposited into the Capital Projects Fund. | 3 | | (e) The additional fees imposed by this amendatory Act of | 4 | | the 96th General Assembly shall become effective 90 days after | 5 | | becoming law. | 6 | | (f) As used in this Section, "active-duty member of the | 7 | | United States Armed Forces" means a member of the Armed | 8 | | Services or Reserve Forces of the United States or a member of | 9 | | the Illinois National Guard who is called to active duty | 10 | | pursuant to an executive order of the President of the United | 11 | | States, an act of the Congress of the United States, or an | 12 | | order of the Governor. | 13 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | 14 | | 98-177, eff. 1-1-14; 98-756, eff. 7-16-14.) | 15 | | (Text of Section after amendment by P.A. 98-176 ) | 16 | | Sec. 6-118. Fees. | 17 | | (a) The fee for licenses and permits under this
Article is | 18 | | as follows: | 19 | | Original driver's license .............................$30 | 20 | | Original or renewal driver's license | 21 | | issued to 18, 19 and 20 year olds .................. 5 | 22 | | All driver's licenses for persons | 23 | | age 69 through age 80 .............................. 5 | 24 | | All driver's licenses for persons | 25 | | age 81 through age 86 .............................. 2 |
| | | HB4088 | - 13 - | LRB099 08586 RJF 28747 b |
|
| 1 | | All driver's licenses for persons | 2 | | age 87 or older .....................................0 | 3 | | Renewal driver's license (except for | 4 | | applicants ages 18, 19 and 20 or | 5 | | age 69 and older) ..................................30 | 6 | | Original instruction permit issued to | 7 | | persons (except those age 69 and older) | 8 | | who do not hold or have not previously | 9 | | held an Illinois instruction permit or | 10 | | driver's license .................................. 20 | 11 | | Instruction permit issued to any person | 12 | | holding an Illinois driver's license | 13 | | who wishes a change in classifications, | 14 | | other than at the time of renewal .................. 5 | 15 | | Any instruction permit issued to a person | 16 | | age 69 and older ................................... 5 | 17 | | Instruction permit issued to any person, | 18 | | under age 69, not currently holding a | 19 | | valid Illinois driver's license or | 20 | | instruction permit but who has | 21 | | previously been issued either document | 22 | | in Illinois ....................................... 10 | 23 | | Restricted driving permit .............................. 8 | 24 | | Monitoring device driving permit ...................... 8 | 25 | | Duplicate or corrected driver's license | 26 | | or permit .......................................... 5 |
| | | HB4088 | - 14 - | LRB099 08586 RJF 28747 b |
|
| 1 | | Duplicate or corrected restricted | 2 | | driving permit ..................................... 5 | 3 | | Duplicate or corrected monitoring | 4 | | device driving permit .................................. 5 | 5 | | Duplicate driver's license or permit issued to | 6 | | an active-duty member of the | 7 | | United States Armed Forces, | 8 | | the member's spouse, or | 9 | | the dependent children living | 10 | | with the member ................................... 0 | 11 | | Original or renewal M or L endorsement ................. 5 | 12 | | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | 13 | | The fees for commercial driver licenses and permits | 14 | | under Article V
shall be as follows: | 15 | | Commercial driver's license: | 16 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | 17 | | (Commercial Driver's License Information | 18 | | System/American Association of Motor Vehicle | 19 | | Administrators network/National Motor Vehicle | 20 | | Title Information Service Trust Fund); | 21 | | $20 for the Motor Carrier Safety Inspection Fund; | 22 | | $10 for the driver's license; | 23 | | and $24 for the CDL: ............................. $60 | 24 | | Renewal commercial driver's license: | 25 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | 26 | | $20 for the Motor Carrier Safety Inspection Fund; |
| | | HB4088 | - 15 - | LRB099 08586 RJF 28747 b |
|
| 1 | | $10 for the driver's license; and | 2 | | $24 for the CDL: ................................. $60 | 3 | | Commercial learner's permit | 4 | | issued to any person holding a valid | 5 | | Illinois driver's license for the | 6 | | purpose of changing to a | 7 | | CDL classification: $6 for the | 8 | | CDLIS/AAMVAnet/NMVTIS Trust Fund; | 9 | | $20 for the Motor Carrier | 10 | | Safety Inspection Fund; and | 11 | | $24 for the CDL classification ................... $50 | 12 | | Commercial learner's permit | 13 | | issued to any person holding a valid | 14 | | Illinois CDL for the purpose of | 15 | | making a change in a classification, | 16 | | endorsement or restriction ........................ $5 | 17 | | CDL duplicate or corrected license .................... $5 | 18 | | In order to ensure the proper implementation of the Uniform | 19 | | Commercial
Driver License Act, Article V of this Chapter, the | 20 | | Secretary of State is
empowered to pro-rate the $24 fee for the | 21 | | commercial driver's license
proportionate to the expiration | 22 | | date of the applicant's Illinois driver's
license. | 23 | | The fee for any duplicate license or permit shall be waived | 24 | | for any
person who presents the Secretary of State's office | 25 | | with a
police report showing that his license or permit was | 26 | | stolen. |
| | | HB4088 | - 16 - | LRB099 08586 RJF 28747 b |
|
| 1 | | The fee for any duplicate license or permit shall be waived | 2 | | for any
person age 60 or older whose driver's license or permit | 3 | | has been lost or stolen. | 4 | | No additional fee shall be charged for a driver's license, | 5 | | or for a
commercial driver's license, when issued
to the holder | 6 | | of an instruction permit for the same classification or
type of | 7 | | license who becomes eligible for such
license. | 8 | | (b) Any person whose license or privilege to operate a | 9 | | motor vehicle
in this State has been suspended or revoked under | 10 | | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | 11 | | Section 7-205, 7-303, or 7-702 of the Family
Financial
| 12 | | Responsibility Law of this Code, shall in addition to any other
| 13 | | fees required by this Code, pay a reinstatement fee as follows: | 14 | | Suspension under Section 3-707 ...................
$150 $100
| 15 | | Summary suspension under Section 11-501.1 ...........$250
| 16 | | Suspension under Section 11-501.9 ...................$250 | 17 | | Summary revocation under Section 11-501.1 ............$500 | 18 | | Other suspension ......................................$70 | 19 | | Revocation ...........................................$500 | 20 | | However, any person whose license or privilege to operate a | 21 | | motor vehicle
in this State has been suspended or revoked for a | 22 | | second or subsequent time
for a violation of Section 11-501, | 23 | | 11-501.1, or 11-501.9
of this Code or a similar provision of a | 24 | | local ordinance
or a similar out-of-state offense
or Section | 25 | | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| 26 | | and each suspension or revocation was for a violation of |
| | | HB4088 | - 17 - | LRB099 08586 RJF 28747 b |
|
| 1 | | Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar | 2 | | provision of a local ordinance
or a similar out-of-state | 3 | | offense
or Section
9-3 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012
shall pay, in addition to any other
fees | 5 | | required by this Code, a
reinstatement
fee as follows: | 6 | | Summary suspension under Section 11-501.1 ............$500 | 7 | | Suspension under Section 11-501.9 ...................$500 | 8 | | Summary revocation under Section 11-501.1 ............$500 | 9 | | Revocation ...........................................$500 | 10 | | (c) All fees collected under the provisions of this Chapter | 11 | | 6 shall be
paid into the Road Fund in the State Treasury except | 12 | | as follows: | 13 | | 1. The following amounts shall be paid into the Driver | 14 | | Education Fund: | 15 | | (A) $16 of the $20
fee for an original driver's | 16 | | instruction permit; | 17 | | (B) $5 of the $30 fee for an original driver's | 18 | | license; | 19 | | (C) $5 of the $30 fee for a 4 year renewal driver's | 20 | | license;
| 21 | | (D) $4 of the $8 fee for a restricted driving | 22 | | permit; and | 23 | | (E) $4 of the $8 fee for a monitoring device | 24 | | driving permit. | 25 | | 2. $30 of the $250 fee for reinstatement of a
license
| 26 | | summarily suspended under Section 11-501.1 or suspended |
| | | HB4088 | - 18 - | LRB099 08586 RJF 28747 b |
|
| 1 | | under Section 11-501.9 shall be deposited into the
Drunk | 2 | | and Drugged Driving Prevention Fund.
However, for a person | 3 | | whose license or privilege to operate a motor vehicle
in | 4 | | this State has been suspended or revoked for a second or | 5 | | subsequent time for
a violation of Section 11-501, | 6 | | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
| 7 | | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | 8 | | the $500 fee for reinstatement of a license summarily
| 9 | | suspended under
Section 11-501.1 or suspended under | 10 | | Section 11-501.9,
and $190 of the $500 fee for | 11 | | reinstatement of a revoked license
shall be deposited into | 12 | | the Drunk and Drugged Driving Prevention Fund. $190 of the | 13 | | $500 fee for reinstatement of a license summarily revoked | 14 | | pursuant to Section 11-501.1 shall be deposited into the | 15 | | Drunk and Drugged Driving Prevention Fund. | 16 | | 3. $6 of the original or renewal fee for a commercial | 17 | | driver's
license and $6 of the commercial learner's permit | 18 | | fee when the
permit is issued to any person holding a valid | 19 | | Illinois driver's license,
shall be paid into the | 20 | | CDLIS/AAMVAnet/NMVTIS Trust Fund. | 21 | | 4. $30 of the $70 fee for reinstatement of a license | 22 | | suspended
under the
Family
Financial Responsibility Law | 23 | | shall be paid into the Family Responsibility
Fund. | 24 | | 5. The $5 fee for each original or renewal M or L | 25 | | endorsement shall be
deposited into the Cycle Rider Safety | 26 | | Training Fund. |
| | | HB4088 | - 19 - | LRB099 08586 RJF 28747 b |
|
| 1 | | 6. $20 of any original or renewal fee for a commercial | 2 | | driver's
license or commercial learner's permit shall be | 3 | | paid into the Motor
Carrier Safety Inspection Fund. | 4 | | 7. The following amounts shall be paid into the General | 5 | | Revenue Fund: | 6 | | (A) $190 of the $250 reinstatement fee for a | 7 | | summary suspension under
Section 11-501.1 or a | 8 | | suspension under Section 11-501.9; | 9 | | (B) $40 of the $70 reinstatement fee for any other | 10 | | suspension provided
in subsection (b) of this Section; | 11 | | and | 12 | | (C) $440 of the $500 reinstatement fee for a first | 13 | | offense revocation
and $310 of the $500 reinstatement | 14 | | fee for a second or subsequent revocation. | 15 | | (d) All of the proceeds of the additional fees imposed by | 16 | | this amendatory Act of the 96th General Assembly shall be | 17 | | deposited into the Capital Projects Fund. | 18 | | (e) The additional fees imposed by this amendatory Act of | 19 | | the 96th General Assembly shall become effective 90 days after | 20 | | becoming law. | 21 | | (f) As used in this Section, "active-duty member of the | 22 | | United States Armed Forces" means a member of the Armed | 23 | | Services or Reserve Forces of the United States or a member of | 24 | | the Illinois National Guard who is called to active duty | 25 | | pursuant to an executive order of the President of the United | 26 | | States, an act of the Congress of the United States, or an |
| | | HB4088 | - 20 - | LRB099 08586 RJF 28747 b |
|
| 1 | | order of the Governor. | 2 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | 3 | | 98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for the | 4 | | effective date of changes made by P.A. 98-176); 98-177, eff. | 5 | | 1-1-14; 98-756, eff. 7-16-14; 98-1172, eff. 1-12-15.)
| 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;
| 24 | | 4. Violation of Section 11-401 of this Code relating to | 25 | | the offense of
leaving the scene of a traffic accident |
| | | HB4088 | - 21 - | LRB099 08586 RJF 28747 b |
|
| 1 | | involving death or personal injury;
| 2 | | 5. Perjury or the making of a false affidavit or | 3 | | statement under
oath to the Secretary of State under this | 4 | | Code or under any
other law relating to the ownership or | 5 | | operation of motor vehicles;
| 6 | | 6. Conviction upon 3 charges of violation of Section | 7 | | 11-503 of this
Code relating to the offense of reckless | 8 | | driving committed within a
period of 12 months;
| 9 | | 7. Conviction of any offense
defined in
Section 4-102 | 10 | | of this Code;
| 11 | | 8. Violation of Section 11-504 of this Code relating to | 12 | | the offense
of drag racing;
| 13 | | 9. Violation of Chapters 8 and 9 of this Code;
| 14 | | 10. Violation of Section 12-5 of the Criminal Code of | 15 | | 1961 or the Criminal Code of 2012 arising from
the use of a | 16 | | motor vehicle;
| 17 | | 11. Violation of Section 11-204.1 of this Code relating | 18 | | to aggravated
fleeing or attempting to elude a peace | 19 | | officer;
| 20 | | 12. Violation of paragraph (1) of subsection (b) of | 21 | | Section 6-507,
or a similar law of any other state, | 22 | | relating to the
unlawful operation of a commercial motor | 23 | | vehicle;
| 24 | | 13. Violation of paragraph (a) of Section 11-502 of | 25 | | this Code or a
similar provision of a local ordinance if | 26 | | the driver has been previously
convicted of a violation of |
| | | HB4088 | - 22 - | LRB099 08586 RJF 28747 b |
|
| 1 | | that Section or a similar provision of a local
ordinance | 2 | | and the driver was less than 21 years of age at the time of | 3 | | the
offense;
| 4 | | 14. Violation of paragraph (a) of Section 11-506 of | 5 | | this Code or a similar provision of a local ordinance | 6 | | relating to the offense of street racing;
| 7 | | 15. A second or subsequent conviction of driving while | 8 | | the person's driver's license, permit or privileges was | 9 | | revoked for reckless homicide or a similar out-of-state | 10 | | offense; | 11 | | 16. Any offense against any provision in this Code, or | 12 | | any local ordinance, regulating the
movement of traffic | 13 | | when that offense was the proximate cause of the death of | 14 | | any person. Any person whose driving privileges have been | 15 | | revoked pursuant to this paragraph may seek to have the | 16 | | revocation terminated or to have the length of revocation | 17 | | reduced by requesting an administrative hearing with the | 18 | | Secretary of State prior to the projected driver's license | 19 | | application eligibility date; | 20 | | 17. Violation of subsection (a-2) of Section 11-1301.3 | 21 | | of this Code or a similar provision of a local ordinance; | 22 | | 18. A second or subsequent conviction of illegal | 23 | | possession, while operating or in actual physical control, | 24 | | as a driver, of a motor vehicle, of any controlled | 25 | | substance prohibited under the Illinois Controlled | 26 | | Substances Act, any cannabis prohibited under the Cannabis |
| | | HB4088 | - 23 - | LRB099 08586 RJF 28747 b |
|
| 1 | | Control Act, or any methamphetamine prohibited under the | 2 | | Methamphetamine Control and Community Protection Act. A | 3 | | defendant found guilty of this offense while operating a | 4 | | motor vehicle
shall have an entry made in the court record | 5 | | by the presiding judge that
this offense did occur while | 6 | | the defendant was operating a motor vehicle
and order the | 7 | | clerk of the court to report the violation to the Secretary
| 8 | | of State ; . | 9 | | 19. Conviction of an offense under subsection (a-5) of | 10 | | Section 3-707 of this Code relating to the operation of an | 11 | | uninsured motor vehicle causing bodily harm or death to | 12 | | another person. A second or subsequent conviction of an | 13 | | offense under subsection (a-5) of Section 3-707 of this | 14 | | Code shall result in a lifetime revocation of driving | 15 | | privileges. | 16 | | (b) The Secretary of State shall also immediately revoke | 17 | | the license
or permit of any driver in the following | 18 | | situations:
| 19 | | 1. Of any minor upon receiving the notice provided for | 20 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 21 | | minor has been
adjudicated under that Act as having | 22 | | committed an offense relating to
motor vehicles prescribed | 23 | | in Section 4-103 of this Code;
| 24 | | 2. Of any person when any other law of this State | 25 | | requires either the
revocation or suspension of a license | 26 | | or permit;
|
| | | HB4088 | - 24 - | LRB099 08586 RJF 28747 b |
|
| 1 | | 3. Of any person adjudicated under the Juvenile Court | 2 | | Act of 1987 based on an offense determined to have been | 3 | | committed in furtherance of the criminal activities of an | 4 | | organized gang as provided in Section 5-710 of that Act, | 5 | | and that involved the operation or use of a motor vehicle | 6 | | or the use of a driver's license or permit. The revocation | 7 | | shall remain in effect for the period determined by the | 8 | | court. Upon the direction of the court, the Secretary shall | 9 | | issue the person a judicial driving permit, also known as a | 10 | | JDP. The JDP shall be subject to the same terms as a JDP | 11 | | issued under Section 6-206.1, except that the court may | 12 | | direct that a JDP issued under this subdivision (b)(3) be | 13 | | effective immediately.
| 14 | | (c)(1) Whenever a person is convicted of any of the | 15 | | offenses enumerated in
this Section, the court may recommend | 16 | | and the Secretary of State in his
discretion, without regard to | 17 | | whether the recommendation is made by the
court may, upon | 18 | | application,
issue to the person a
restricted driving permit | 19 | | granting the privilege of driving a motor
vehicle between the | 20 | | petitioner's residence and petitioner's place
of employment or | 21 | | within the scope of the petitioner's employment related
duties, | 22 | | or to allow the petitioner to transport himself or herself or a | 23 | | family member
of the petitioner's household to a medical | 24 | | facility for the receipt of necessary medical care or to allow | 25 | | the
petitioner to transport himself or herself to and from | 26 | | alcohol or drug remedial or rehabilitative activity |
| | | HB4088 | - 25 - | LRB099 08586 RJF 28747 b |
|
| 1 | | recommended by a licensed service provider, or to allow the
| 2 | | petitioner to transport himself or herself or a family member | 3 | | of the petitioner's household to classes, as a student, at an | 4 | | accredited educational
institution, or to allow the petitioner | 5 | | to transport children, elderly persons, or disabled persons who | 6 | | do not hold driving privileges and are living in the | 7 | | petitioner's household to and from daycare; if the petitioner | 8 | | is able to demonstrate that no alternative means
of | 9 | | transportation is reasonably available and that the petitioner | 10 | | will not endanger
the public safety or welfare; provided that | 11 | | the Secretary's discretion shall be
limited to cases where | 12 | | undue hardship, as defined by the rules of the Secretary of | 13 | | State, would result from a failure to issue the
restricted | 14 | | driving permit. Those multiple offenders identified in | 15 | | subdivision (b)4 of Section 6-208 of this Code, however, shall | 16 | | not be eligible for the issuance of a restricted driving | 17 | | permit.
| 18 | | (2) If a person's license or permit is revoked or | 19 | | suspended due to 2 or
more convictions of violating Section | 20 | | 11-501 of this Code or a similar
provision of a local | 21 | | ordinance or a similar out-of-state offense, or Section 9-3 | 22 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 23 | | where the use of alcohol or other drugs is recited as an | 24 | | element of the offense, or a similar out-of-state offense, | 25 | | or a combination of these offenses, arising out
of separate | 26 | | occurrences, that person, if issued a restricted driving |
| | | HB4088 | - 26 - | LRB099 08586 RJF 28747 b |
|
| 1 | | permit,
may not operate a vehicle unless it has been | 2 | | equipped with an ignition
interlock device as defined in | 3 | | Section 1-129.1.
| 4 | | (3) If:
| 5 | | (A) a person's license or permit is revoked or | 6 | | suspended 2 or more
times within a 10 year period due | 7 | | to any combination of: | 8 | | (i)
a single conviction of violating Section
| 9 | | 11-501 of this Code or a similar provision of a | 10 | | local ordinance or a similar
out-of-state offense, | 11 | | or Section 9-3 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012, where the use of alcohol or | 13 | | other drugs is recited as an element of the | 14 | | offense, or a similar out-of-state offense; or | 15 | | (ii)
a statutory summary suspension or | 16 | | revocation under Section
11-501.1; or | 17 | | (iii)
a suspension pursuant to Section | 18 | | 6-203.1;
| 19 | | arising out of
separate occurrences; or | 20 | | (B)
a person has been convicted of one violation of | 21 | | Section 6-303 of this Code committed while his or her | 22 | | driver's license, permit, or privilege was revoked | 23 | | because of a violation of Section 9-3 of the Criminal | 24 | | Code of 1961 or the Criminal Code of 2012, relating to | 25 | | the offense of reckless homicide where the use of | 26 | | alcohol or other drugs was recited as an element of the |
| | | HB4088 | - 27 - | LRB099 08586 RJF 28747 b |
|
| 1 | | offense, or a similar provision of a law of another | 2 | | state;
| 3 | | that person, if issued a restricted
driving permit, may not | 4 | | operate a vehicle unless it has been equipped with an
| 5 | | ignition interlock device as defined in Section 1-129.1. | 6 | | (4)
The person issued a permit conditioned on the use | 7 | | of an ignition interlock device must pay to the Secretary | 8 | | of State DUI Administration Fund an amount
not to exceed | 9 | | $30 per month. The Secretary shall establish by rule the | 10 | | amount
and the procedures, terms, and conditions relating | 11 | | to these fees. | 12 | | (5)
If the restricted driving permit is issued for | 13 | | employment purposes, then
the prohibition against | 14 | | operating a motor vehicle that is not equipped with an | 15 | | ignition interlock device does not apply to the operation | 16 | | of an occupational vehicle
owned or leased by that person's | 17 | | employer when used solely for employment purposes. | 18 | | (6)
In each case the Secretary of State may issue a
| 19 | | restricted driving permit for a period he deems | 20 | | appropriate, except that the
permit shall expire within one | 21 | | year from the date of issuance. The Secretary
may not, | 22 | | however, issue a restricted driving permit to any person | 23 | | whose current
revocation is the result of a second or | 24 | | subsequent conviction for a violation
of Section 11-501 of | 25 | | this Code or a similar provision of a local ordinance
or | 26 | | any similar out-of-state offense, or Section 9-3 of the |
| | | HB4088 | - 28 - | LRB099 08586 RJF 28747 b |
|
| 1 | | Criminal Code of 1961 or the Criminal Code of 2012, where | 2 | | the use of alcohol or other drugs is recited as an element | 3 | | of the offense, or any similar out-of-state offense, or any | 4 | | combination of these offenses, until the expiration of at | 5 | | least one year from the date of the
revocation. A | 6 | | restricted
driving permit issued under this Section shall | 7 | | be
subject to cancellation, revocation, and suspension by | 8 | | the Secretary of
State in like manner and for like cause as | 9 | | a driver's license issued
under this Code may be cancelled, | 10 | | revoked, or
suspended; except that a conviction upon one or | 11 | | more offenses against laws or
ordinances regulating the | 12 | | movement of traffic shall be deemed sufficient cause
for | 13 | | the revocation, suspension, or cancellation of a | 14 | | restricted driving permit.
The Secretary of State may, as a | 15 | | condition to the issuance of a restricted
driving permit, | 16 | | require the petitioner to participate in a designated | 17 | | driver
remedial or rehabilitative program. The Secretary | 18 | | of State is authorized to
cancel a restricted driving | 19 | | permit if the permit holder does not successfully
complete | 20 | | the program. However, if an individual's driving | 21 | | privileges have been
revoked in accordance with paragraph | 22 | | 13 of subsection (a) of this Section, no
restricted driving | 23 | | permit shall be issued until the individual has served 6
| 24 | | months of the revocation period.
| 25 | | (c-5) (Blank).
| 26 | | (c-6) If a person is convicted of a second violation of |
| | | HB4088 | - 29 - | LRB099 08586 RJF 28747 b |
|
| 1 | | operating a motor vehicle while the person's driver's license, | 2 | | permit or privilege was revoked, where the revocation was for a | 3 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012 relating to the offense of reckless | 5 | | homicide or a similar out-of-state offense, the person's | 6 | | driving privileges shall be revoked pursuant to subdivision | 7 | | (a)(15) of this Section. The person may not make application | 8 | | for a license or permit until the expiration of five years from | 9 | | the effective date of the revocation or the expiration of five | 10 | | years from the date of release from a term of imprisonment, | 11 | | whichever is later. | 12 | | (c-7) If a person is convicted of a third or subsequent | 13 | | violation of operating a motor vehicle while the person's | 14 | | driver's license, permit or privilege was revoked, where the | 15 | | revocation was for a violation of Section 9-3 of the Criminal | 16 | | Code of 1961 or the Criminal Code of 2012 relating to the | 17 | | offense of reckless homicide or a similar out-of-state offense, | 18 | | the person may never apply for a license or permit. | 19 | | (d)(1) Whenever a person under the age of 21 is convicted | 20 | | under Section
11-501 of this Code or a similar provision of a | 21 | | local ordinance or a similar out-of-state offense, the
| 22 | | Secretary of State shall revoke the driving privileges of that | 23 | | person. One
year after the date of revocation, and upon | 24 | | application, the Secretary of
State may, if satisfied that the | 25 | | person applying will not endanger the
public safety or welfare, | 26 | | issue a restricted driving permit granting the
privilege of |
| | | HB4088 | - 30 - | LRB099 08586 RJF 28747 b |
|
| 1 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 2 | | p.m. or as otherwise provided by this Section for a period of | 3 | | one year.
After this one year period, and upon reapplication | 4 | | for a license as
provided in Section 6-106, upon payment of the | 5 | | appropriate reinstatement
fee provided under paragraph (b) of | 6 | | Section 6-118, the Secretary of State,
in his discretion, may
| 7 | | reinstate the petitioner's driver's license and driving | 8 | | privileges, or extend the restricted driving permit as many | 9 | | times as the
Secretary of State deems appropriate, by | 10 | | additional periods of not more than
12 months each.
| 11 | | (2) If a person's license or permit is revoked or | 12 | | suspended due to 2 or
more convictions of violating Section | 13 | | 11-501 of this Code or a similar
provision of a local | 14 | | ordinance or a similar out-of-state offense, or Section 9-3 | 15 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 16 | | where the use of alcohol or other drugs is recited as an | 17 | | element of the offense, or a similar out-of-state offense, | 18 | | or a combination of these offenses, arising out
of separate | 19 | | occurrences, that person, if issued a restricted driving | 20 | | permit,
may not operate a vehicle unless it has been | 21 | | equipped with an ignition
interlock device as defined in | 22 | | Section 1-129.1.
| 23 | | (3) If a person's license or permit is revoked or | 24 | | suspended 2 or more times
within a 10 year period due to | 25 | | any combination of: | 26 | | (A) a single conviction of violating Section |
| | | HB4088 | - 31 - | LRB099 08586 RJF 28747 b |
|
| 1 | | 11-501
of this
Code or a similar provision of a local | 2 | | ordinance or a similar out-of-state
offense, or | 3 | | Section 9-3 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012, where the use of alcohol or | 5 | | other drugs is recited as an element of the offense, or | 6 | | a similar out-of-state offense; or | 7 | | (B)
a statutory summary suspension or revocation | 8 | | under Section 11-501.1; or | 9 | | (C) a suspension pursuant to Section 6-203.1; | 10 | | arising out of separate occurrences, that person, if issued | 11 | | a
restricted
driving permit, may not operate a vehicle | 12 | | unless it has been equipped with an
ignition interlock | 13 | | device as defined in Section 1-129.1. | 14 | | (4)
The person issued a permit conditioned upon the use | 15 | | of an interlock device must pay to the Secretary of State | 16 | | DUI Administration Fund an amount
not to exceed $30 per | 17 | | month. The Secretary shall establish by rule the amount
and | 18 | | the procedures, terms, and conditions relating to these | 19 | | fees. | 20 | | (5)
If the restricted driving permit is issued for | 21 | | employment purposes, then
the prohibition against driving | 22 | | a vehicle that is not equipped with an ignition interlock | 23 | | device does not apply to the operation of an occupational | 24 | | vehicle
owned or leased by that person's employer when used | 25 | | solely for employment purposes. | 26 | | (6) A
restricted driving permit issued under this |
| | | HB4088 | - 32 - | LRB099 08586 RJF 28747 b |
|
| 1 | | Section shall be subject to
cancellation, revocation, and | 2 | | suspension by the Secretary of State in like
manner and for | 3 | | like cause as a driver's license issued under this Code may | 4 | | be
cancelled, revoked, or suspended; except that a | 5 | | conviction upon one or more
offenses against laws or | 6 | | ordinances regulating the movement of traffic
shall be | 7 | | deemed sufficient cause for the revocation, suspension, or
| 8 | | cancellation of a restricted driving permit.
| 9 | | (d-5) The revocation of the license, permit, or driving | 10 | | privileges of a person convicted of a third or subsequent | 11 | | violation of Section 6-303 of this Code committed while his or | 12 | | her driver's license, permit, or privilege was revoked because | 13 | | of a violation of Section 9-3 of the Criminal Code of 1961 or | 14 | | the Criminal Code of 2012, relating to the offense of reckless | 15 | | homicide, or a similar provision of a law of another state, is | 16 | | permanent. The Secretary may not, at any time, issue a license | 17 | | or permit to that person.
| 18 | | (e) This Section is subject to the provisions of the Driver | 19 | | License
Compact.
| 20 | | (f) Any revocation imposed upon any person under | 21 | | subsections 2
and 3 of paragraph (b) that is in effect on | 22 | | December 31, 1988 shall be
converted to a suspension for a like | 23 | | period of time.
| 24 | | (g) The Secretary of State shall not issue a restricted | 25 | | driving permit to
a person under the age of 16 years whose | 26 | | driving privileges have been revoked
under any provisions of |
| | | HB4088 | - 33 - | LRB099 08586 RJF 28747 b |
|
| 1 | | this Code.
| 2 | | (h) The Secretary of State shall require the use of | 3 | | ignition interlock
devices on all vehicles owned by a person | 4 | | who has been convicted of a
second or subsequent offense under | 5 | | Section 11-501 of this Code or a similar
provision of a local | 6 | | ordinance. The person must pay to the Secretary of State DUI | 7 | | Administration Fund an amount not to exceed $30 for each month | 8 | | that he or she uses the device. The Secretary shall establish | 9 | | by rule and
regulation the procedures for certification and use | 10 | | of the interlock
system, the amount of the fee, and the | 11 | | procedures, terms, and conditions relating to these fees.
| 12 | | (i) (Blank).
| 13 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 14 | | State may not issue a restricted driving permit for the | 15 | | operation of a commercial motor vehicle to a person holding a | 16 | | CDL whose driving privileges have been revoked, suspended, | 17 | | cancelled, or disqualified under any provisions of this Code.
| 18 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 19 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 20 | | 7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. | 21 | | 1-1-13; 97-1150, eff. 1-25-13.)
| 22 | | (625 ILCS 5/7-606) (from Ch. 95 1/2, par. 7-606)
| 23 | | Sec. 7-606. Uninsured motor vehicles - suspension and | 24 | | reinstatement.
The Secretary shall suspend the vehicle | 25 | | registration of
any motor vehicle determined by the Secretary |
| | | HB4088 | - 34 - | LRB099 08586 RJF 28747 b |
|
| 1 | | to be in
violation of Section 7-601 of this Code, including any | 2 | | motor
vehicle operated in violation of Section
3-707, 3-708 or | 3 | | 3-710 of this Code by an operator other than the
owner of the | 4 | | vehicle. Neither the fact that,
subsequent to the date of | 5 | | verification or conviction, the owner acquired
the required | 6 | | liability insurance policy nor the fact that the owner
| 7 | | terminated ownership of the motor vehicle shall have any
| 8 | | bearing upon the Secretary's decision to suspend.
| 9 | | The Secretary is authorized to suspend the registration of | 10 | | any motor
vehicle registered in this State upon receiving | 11 | | notice of the conviction of
the operator of the motor vehicle | 12 | | in another State of an offense which, if
committed in this | 13 | | State, would constitute a violation of Section 7-601 of this | 14 | | Code.
| 15 | | Until it is terminated, the suspension shall remain in | 16 | | force after the
registration is renewed or a new registration | 17 | | is acquired for the motor
vehicle. The suspension also shall | 18 | | apply to any motor
vehicle to which the owner transfers the | 19 | | registration.
| 20 | | In the case of a first violation, the Secretary shall | 21 | | terminate the
suspension upon payment
by the owner of a | 22 | | reinstatement fee of $150 $100 and submission of proof
of
| 23 | | insurance as prescribed by the Secretary.
| 24 | | In the case of a second or subsequent violation by a person | 25 | | having
ownership interest in a motor vehicle or vehicles within
| 26 | | the preceding 4 years, or a violation of Section 3-708 of this |
| | | HB4088 | - 35 - | LRB099 08586 RJF 28747 b |
|
| 1 | | Code, the
Secretary shall terminate the suspension 4 months | 2 | | after its effective date
upon payment by the owner of a | 3 | | reinstatement fee of $150 $100 and submission of
proof of | 4 | | insurance as prescribed by the Secretary.
| 5 | | All fees collected under this Section shall be deposited | 6 | | into the Road
Fund of the State treasury.
| 7 | | (Source: P.A. 88-315.)
| 8 | | Section 95. No acceleration or delay. Where this Act makes | 9 | | changes in a statute that is represented in this Act by text | 10 | | that is not yet or no longer in effect (for example, a Section | 11 | | represented by multiple versions), the use of that text does | 12 | | not accelerate or delay the taking effect of (i) the changes | 13 | | made by this Act or (ii) provisions derived from any other | 14 | | Public Act.
|
|