Full Text of HB4422 98th General Assembly
HB4422enr 98TH GENERAL ASSEMBLY |
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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 Identification Card Act is amended | 5 | | by changing Section 4A as follows:
| 6 | | (15 ILCS 335/4A) (from Ch. 124, par. 24A)
| 7 | | Sec. 4A.
(a) "Person with a disability" as used in this Act | 8 | | means any person who
is, and who is expected to indefinitely | 9 | | continue to be, subject to any of
the following five types of | 10 | | disabilities:
| 11 | | Type One: Physical disability. A physical disability is a | 12 | | physical
impairment, disease, or loss, which is of a permanent | 13 | | nature, and which
substantially limits physical ability or | 14 | | motor skills. The
Secretary of State shall establish standards | 15 | | not inconsistent with this
provision necessary to determine the | 16 | | presence of a physical disability.
| 17 | | Type Two: Developmental disability. Developmental | 18 | | disability means a disability that is attributable to: (i) an | 19 | | intellectual disability, cerebral palsy, epilepsy, or autism | 20 | | or (ii) any other condition that results in impairment similar | 21 | | to that caused by an intellectual disability and requires | 22 | | services similar to those required by persons with intellectual | 23 | | disabilities. Such a disability must originate before the age |
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| 1 | | of 18 years, be expected to continue indefinitely, and | 2 | | constitute a substantial handicap. The Secretary
of State shall | 3 | | establish standards not inconsistent with this provision
| 4 | | necessary to determine the presence of
a developmental | 5 | | disability.
| 6 | | Type Three: Visual disability. A visual disability is | 7 | | blindness, and the term "blindness" means central vision acuity | 8 | | of 20/200 or less in the better eye with the use of a | 9 | | correcting lens. An eye that is accompanied by a limitation in | 10 | | the fields of vision so that the widest diameter of the visual | 11 | | field subtends an angle no greater than 20 degrees shall be | 12 | | considered as having a central vision acuity of 20/200 or less. | 13 | | The Secretary of State shall establish
standards not | 14 | | inconsistent with this Section necessary to determine the
| 15 | | presence of a visual disability.
| 16 | | Type Four: Hearing disability. A hearing disability is a | 17 | | disability
resulting in complete absence of hearing, or hearing | 18 | | that with sound
enhancing or magnifying equipment is
so | 19 | | impaired as to require the use of sensory input other than | 20 | | hearing
as the principal means of receiving spoken language. | 21 | | The Secretary of State
shall
establish standards not | 22 | | inconsistent with this Section
necessary to determine the | 23 | | presence of a hearing disability.
| 24 | | Type Five: Mental Disability. A mental disability is a | 25 | | significant impairment of an individual's cognitive, | 26 | | affective, or relational abilities that may require |
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| 1 | | intervention and may be a recognized, medically diagnosable | 2 | | illness or disorder. The Secretary of State shall establish
| 3 | | standards not inconsistent with this provision necessary to | 4 | | determine the
presence of a mental disability.
| 5 | | (b) For purposes of this Act, a disability shall be | 6 | | classified as
follows: Class 1 disability: A Class 1 disability | 7 | | is any type disability
which does not render a person unable to | 8 | | engage in any substantial gainful
activity or which does not | 9 | | impair his ability to live independently or to
perform labor or | 10 | | services for which he is qualified. The Secretary of State
| 11 | | shall establish standards not inconsistent with this Section
| 12 | | necessary to determine the presence of a Class 1 disability.
| 13 | | Class 1A disability: A Class 1A disability is a Class 1 | 14 | | disability which
renders a person unable to walk 200 feet or | 15 | | more unassisted by another person
or without the aid of a | 16 | | walker, crutches, braces, prosthetic device or a
wheelchair or | 17 | | without great difficulty or discomfort due to the following
| 18 | | impairments: neurologic, orthopedic, oncological, respiratory, | 19 | | cardiac, arthritic disorder, blindness,
or the loss of function | 20 | | or absence of a limb or limbs. The Secretary of
State shall | 21 | | establish standards not inconsistent with this Section | 22 | | necessary
to determine the presence of a Class 1A disability. | 23 | | Class 2
disability: A Class 2 disability is any type disability | 24 | | which renders a
person unable to engage in any substantial | 25 | | gainful activity, which
substantially impairs his ability to | 26 | | live independently without
supervision or in-home support |
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| 1 | | services, or which substantially impairs
his ability to perform | 2 | | labor
or services for which he is qualified or significantly | 3 | | restricts the
labor or services which he is able to perform.
| 4 | | The Secretary of State shall
establish standards not | 5 | | inconsistent with this Section necessary to
determine the | 6 | | presence of a Class 2 disability.
Class 2A disability: A Class | 7 | | 2A disability is a Class 2 disability which
renders a person | 8 | | unable to walk 200 feet or more unassisted by another
person or | 9 | | without the aid of a walker, crutches, braces, prosthetic | 10 | | device
or a wheelchair or without great difficulty or | 11 | | discomfort due to the
following impairments: neurologic, | 12 | | orthopedic, oncological, respiratory, cardiac,
arthritic | 13 | | disorder, blindness, or the loss of function or absence of a | 14 | | limb
or limbs. The Secretary of State shall establish standards | 15 | | not inconsistent
with this Section necessary to determine the | 16 | | presence of a Class 2A
disability.
| 17 | | (Source: P.A. 97-227, eff. 1-1-12; 97-1064, eff. 1-1-13.)
| 18 | | Section 10. The Illinois Vehicle Code is amended by | 19 | | changing Sections 6-206 and 6-521 as follows:
| 20 | | (625 ILCS 5/6-206)
| 21 | | Sec. 6-206. Discretionary authority to suspend or revoke | 22 | | license or
permit; Right to a hearing.
| 23 | | (a) The Secretary of State is authorized to suspend or | 24 | | revoke the
driving privileges of any person without preliminary |
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| 1 | | hearing upon a showing
of the person's records or other | 2 | | sufficient evidence that
the person:
| 3 | | 1. Has committed an offense for which mandatory | 4 | | revocation of
a driver's license or permit is required upon | 5 | | conviction;
| 6 | | 2. Has been convicted of not less than 3 offenses | 7 | | against traffic
regulations governing the movement of | 8 | | vehicles committed within any 12
month period. No | 9 | | revocation or suspension shall be entered more than
6 | 10 | | months after the date of last conviction;
| 11 | | 3. Has been repeatedly involved as a driver in motor | 12 | | vehicle
collisions or has been repeatedly convicted of | 13 | | offenses against laws and
ordinances regulating the | 14 | | movement of traffic, to a degree that
indicates lack of | 15 | | ability to exercise ordinary and reasonable care in
the | 16 | | safe operation of a motor vehicle or disrespect for the | 17 | | traffic laws
and the safety of other persons upon the | 18 | | highway;
| 19 | | 4. Has by the unlawful operation of a motor vehicle | 20 | | caused or
contributed to an accident resulting in injury | 21 | | requiring
immediate professional treatment in a medical | 22 | | facility or doctor's office
to any person, except that any | 23 | | suspension or revocation imposed by the
Secretary of State | 24 | | under the provisions of this subsection shall start no
| 25 | | later than 6 months after being convicted of violating a | 26 | | law or
ordinance regulating the movement of traffic, which |
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| 1 | | violation is related
to the accident, or shall start not | 2 | | more than one year
after
the date of the accident, | 3 | | whichever date occurs later;
| 4 | | 5. Has permitted an unlawful or fraudulent use of a | 5 | | driver's
license, identification card, or permit;
| 6 | | 6. Has been lawfully convicted of an offense or | 7 | | offenses in another
state, including the authorization | 8 | | contained in Section 6-203.1, which
if committed within | 9 | | this State would be grounds for suspension or revocation;
| 10 | | 7. Has refused or failed to submit to an examination | 11 | | provided for by
Section 6-207 or has failed to pass the | 12 | | examination;
| 13 | | 8. Is ineligible for a driver's license or permit under | 14 | | the provisions
of Section 6-103;
| 15 | | 9. Has made a false statement or knowingly concealed a | 16 | | material fact
or has used false information or | 17 | | identification in any application for a
license, | 18 | | identification card, or permit;
| 19 | | 10. Has possessed, displayed, or attempted to | 20 | | fraudulently use any
license, identification card, or | 21 | | permit not issued to the person;
| 22 | | 11. Has operated a motor vehicle upon a highway of this | 23 | | State when
the person's driving privilege or privilege to | 24 | | obtain a driver's license
or permit was revoked or | 25 | | suspended unless the operation was authorized by
a | 26 | | monitoring device driving permit, judicial driving permit |
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| 1 | | issued prior to January 1, 2009, probationary license to | 2 | | drive, or a restricted
driving permit issued under this | 3 | | Code;
| 4 | | 12. Has submitted to any portion of the application | 5 | | process for
another person or has obtained the services of | 6 | | another person to submit to
any portion of the application | 7 | | process for the purpose of obtaining a
license, | 8 | | identification card, or permit for some other person;
| 9 | | 13. Has operated a motor vehicle upon a highway of this | 10 | | State when
the person's driver's license or permit was | 11 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 12 | | 14. Has committed a violation of Section 6-301, | 13 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 14 | | of the Illinois Identification Card
Act;
| 15 | | 15. Has been convicted of violating Section 21-2 of the | 16 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 17 | | to criminal trespass to vehicles in which case, the | 18 | | suspension
shall be for one year;
| 19 | | 16. Has been convicted of violating Section 11-204 of | 20 | | this Code relating
to fleeing from a peace officer;
| 21 | | 17. Has refused to submit to a test, or tests, as | 22 | | required under Section
11-501.1 of this Code and the person | 23 | | has not sought a hearing as
provided for in Section | 24 | | 11-501.1;
| 25 | | 18. Has, since issuance of a driver's license or | 26 | | permit, been adjudged
to be afflicted with or suffering |
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| 1 | | from any mental disability or disease;
| 2 | | 19. Has committed a violation of paragraph (a) or (b) | 3 | | of Section 6-101
relating to driving without a driver's | 4 | | license;
| 5 | | 20. Has been convicted of violating Section 6-104 | 6 | | relating to
classification of driver's license;
| 7 | | 21. Has been convicted of violating Section 11-402 of
| 8 | | this Code relating to leaving the scene of an accident | 9 | | resulting in damage
to a vehicle in excess of $1,000, in | 10 | | which case the suspension shall be
for one year;
| 11 | | 22. Has used a motor vehicle in violating paragraph | 12 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 13 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 14 | | relating
to unlawful use of weapons, in which case the | 15 | | suspension shall be for one
year;
| 16 | | 23. Has, as a driver, been convicted of committing a | 17 | | violation of
paragraph (a) of Section 11-502 of this Code | 18 | | for a second or subsequent
time within one year of a | 19 | | similar violation;
| 20 | | 24. Has been convicted by a court-martial or punished | 21 | | by non-judicial
punishment by military authorities of the | 22 | | United States at a military
installation in Illinois or in | 23 | | another state of or for a traffic related offense that is | 24 | | the
same as or similar to an offense specified under | 25 | | Section 6-205 or 6-206 of
this Code;
| 26 | | 25. Has permitted any form of identification to be used |
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| 1 | | by another in
the application process in order to obtain or | 2 | | attempt to obtain a license,
identification card, or | 3 | | permit;
| 4 | | 26. Has altered or attempted to alter a license or has | 5 | | possessed an
altered license, identification card, or | 6 | | permit;
| 7 | | 27. Has violated Section 6-16 of the Liquor Control Act | 8 | | of 1934;
| 9 | | 28. Has been convicted for a first time of the illegal | 10 | | possession, while operating or
in actual physical control, | 11 | | as a driver, of a motor vehicle, of any
controlled | 12 | | substance prohibited under the Illinois Controlled | 13 | | Substances
Act, any cannabis prohibited under the Cannabis | 14 | | Control
Act, or any methamphetamine prohibited under the | 15 | | Methamphetamine Control and Community Protection Act, in | 16 | | which case the person's driving privileges shall be | 17 | | suspended for
one year.
Any defendant found guilty of this | 18 | | offense while operating a motor vehicle,
shall have an | 19 | | entry made in the court record by the presiding judge that
| 20 | | this offense did occur while the defendant was operating a | 21 | | motor vehicle
and order the clerk of the court to report | 22 | | the violation to the Secretary
of State;
| 23 | | 29. Has been convicted of the following offenses that | 24 | | were committed
while the person was operating or in actual | 25 | | physical control, as a driver,
of a motor vehicle: criminal | 26 | | sexual assault,
predatory criminal sexual assault of a |
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| 1 | | child,
aggravated criminal sexual
assault, criminal sexual | 2 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 3 | | soliciting for a juvenile prostitute, promoting juvenile | 4 | | prostitution as described in subdivision (a)(1), (a)(2), | 5 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 6 | | or the Criminal Code of 2012, and the manufacture, sale or
| 7 | | delivery of controlled substances or instruments used for | 8 | | illegal drug use
or abuse in which case the driver's | 9 | | driving privileges shall be suspended
for one year;
| 10 | | 30. Has been convicted a second or subsequent time for | 11 | | any
combination of the offenses named in paragraph 29 of | 12 | | this subsection,
in which case the person's driving | 13 | | privileges shall be suspended for 5
years;
| 14 | | 31. Has refused to submit to a test as
required by | 15 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 16 | | Registration and Safety Act or has submitted to a test | 17 | | resulting in
an alcohol concentration of 0.08 or more or | 18 | | any amount of a drug, substance, or
compound resulting from | 19 | | the unlawful use or consumption of cannabis as listed
in | 20 | | the Cannabis Control Act, a controlled substance as listed | 21 | | in the Illinois
Controlled Substances Act, an intoxicating | 22 | | compound as listed in the Use of
Intoxicating Compounds | 23 | | Act, or methamphetamine as listed in the Methamphetamine | 24 | | Control and Community Protection Act, in which case the | 25 | | penalty shall be
as prescribed in Section 6-208.1;
| 26 | | 32. Has been convicted of Section 24-1.2 of the |
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| 1 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 2 | | to the aggravated discharge of a firearm if the offender | 3 | | was
located in a motor vehicle at the time the firearm was | 4 | | discharged, in which
case the suspension shall be for 3 | 5 | | years;
| 6 | | 33. Has as a driver, who was less than 21 years of age | 7 | | on the date of
the offense, been convicted a first time of | 8 | | a violation of paragraph (a) of
Section 11-502 of this Code | 9 | | or a similar provision of a local ordinance;
| 10 | | 34. Has committed a violation of Section 11-1301.5 of | 11 | | this Code or a similar provision of a local ordinance;
| 12 | | 35. Has committed a violation of Section 11-1301.6 of | 13 | | this Code or a similar provision of a local ordinance;
| 14 | | 36. Is under the age of 21 years at the time of arrest | 15 | | and has been
convicted of not less than 2 offenses against | 16 | | traffic regulations governing
the movement of vehicles | 17 | | committed within any 24 month period. No revocation
or | 18 | | suspension shall be entered more than 6 months after the | 19 | | date of last
conviction;
| 20 | | 37. Has committed a violation of subsection (c) of | 21 | | Section 11-907 of this
Code that resulted in damage to the | 22 | | property of another or the death or injury of another;
| 23 | | 38. Has been convicted of a violation of Section 6-20 | 24 | | of the Liquor
Control Act of 1934 or a similar provision of | 25 | | a local ordinance;
| 26 | | 39. Has committed a second or subsequent violation of |
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| 1 | | Section
11-1201 of this Code;
| 2 | | 40. Has committed a violation of subsection (a-1) of | 3 | | Section 11-908 of
this Code; | 4 | | 41. Has committed a second or subsequent violation of | 5 | | Section 11-605.1 of this Code, a similar provision of a | 6 | | local ordinance, or a similar violation in any other state | 7 | | within 2 years of the date of the previous violation, in | 8 | | which case the suspension shall be for 90 days; | 9 | | 42. Has committed a violation of subsection (a-1) of | 10 | | Section 11-1301.3 of this Code or a similar provision of a | 11 | | local ordinance;
| 12 | | 43. Has received a disposition of court supervision for | 13 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 14 | | of the Liquor
Control Act of 1934 or a similar provision of | 15 | | a local ordinance, in which case the suspension shall be | 16 | | for a period of 3 months;
| 17 | | 44.
Is under the age of 21 years at the time of arrest | 18 | | and has been convicted of an offense against traffic | 19 | | regulations governing the movement of vehicles after | 20 | | having previously had his or her driving privileges
| 21 | | suspended or revoked pursuant to subparagraph 36 of this | 22 | | Section; | 23 | | 45.
Has, in connection with or during the course of a | 24 | | formal hearing conducted under Section 2-118 of this Code: | 25 | | (i) committed perjury; (ii) submitted fraudulent or | 26 | | falsified documents; (iii) submitted documents that have |
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| 1 | | been materially altered; or (iv) submitted, as his or her | 2 | | own, documents that were in fact prepared or composed for | 3 | | another person; | 4 | | 46. Has committed a violation of subsection (j) of | 5 | | Section 3-413 of this Code; or
| 6 | | 47. Has committed a violation of Section 11-502.1 of | 7 | | this Code. | 8 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 9 | | and 27 of this
subsection, license means any driver's license, | 10 | | any traffic ticket issued when
the person's driver's license is | 11 | | deposited in lieu of bail, a suspension
notice issued by the | 12 | | Secretary of State, a duplicate or corrected driver's
license, | 13 | | a probationary driver's license or a temporary driver's | 14 | | license. | 15 | | (b) If any conviction forming the basis of a suspension or
| 16 | | revocation authorized under this Section is appealed, the
| 17 | | Secretary of State may rescind or withhold the entry of the | 18 | | order of suspension
or revocation, as the case may be, provided | 19 | | that a certified copy of a stay
order of a court is filed with | 20 | | the Secretary of State. If the conviction is
affirmed on | 21 | | appeal, the date of the conviction shall relate back to the | 22 | | time
the original judgment of conviction was entered and the 6 | 23 | | month limitation
prescribed shall not apply.
| 24 | | (c) 1. Upon suspending or revoking the driver's license or | 25 | | permit of
any person as authorized in this Section, the | 26 | | Secretary of State shall
immediately notify the person in |
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| 1 | | writing of the revocation or suspension.
The notice to be | 2 | | deposited in the United States mail, postage prepaid,
to the | 3 | | last known address of the person.
| 4 | | 2. If the Secretary of State suspends the driver's | 5 | | license
of a person under subsection 2 of paragraph (a) of | 6 | | this Section, a
person's privilege to operate a vehicle as | 7 | | an occupation shall not be
suspended, provided an affidavit | 8 | | is properly completed, the appropriate fee
received, and a | 9 | | permit issued prior to the effective date of the
| 10 | | suspension, unless 5 offenses were committed, at least 2 of | 11 | | which occurred
while operating a commercial vehicle in | 12 | | connection with the driver's
regular occupation. All other | 13 | | driving privileges shall be suspended by the
Secretary of | 14 | | State. Any driver prior to operating a vehicle for
| 15 | | occupational purposes only must submit the affidavit on | 16 | | forms to be
provided by the Secretary of State setting | 17 | | forth the facts of the person's
occupation. The affidavit | 18 | | shall also state the number of offenses
committed while | 19 | | operating a vehicle in connection with the driver's regular
| 20 | | occupation. The affidavit shall be accompanied by the | 21 | | driver's license.
Upon receipt of a properly completed | 22 | | affidavit, the Secretary of State
shall issue the driver a | 23 | | permit to operate a vehicle in connection with the
driver's | 24 | | regular occupation only. Unless the permit is issued by the
| 25 | | Secretary of State prior to the date of suspension, the | 26 | | privilege to drive
any motor vehicle shall be suspended as |
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| 1 | | set forth in the notice that was
mailed under this Section. | 2 | | If an affidavit is received subsequent to the
effective | 3 | | date of this suspension, a permit may be issued for the | 4 | | remainder
of the suspension period.
| 5 | | The provisions of this subparagraph shall not apply to | 6 | | any driver
required to possess a CDL for the purpose of | 7 | | operating a commercial motor vehicle.
| 8 | | Any person who falsely states any fact in the affidavit | 9 | | required
herein shall be guilty of perjury under Section | 10 | | 6-302 and upon conviction
thereof shall have all driving | 11 | | privileges revoked without further rights.
| 12 | | 3. At the conclusion of a hearing under Section 2-118 | 13 | | of this Code,
the Secretary of State shall either rescind | 14 | | or continue an order of
revocation or shall substitute an | 15 | | order of suspension; or, good
cause appearing therefor, | 16 | | rescind, continue, change, or extend the
order of | 17 | | suspension. If the Secretary of State does not rescind the | 18 | | order,
the Secretary may upon application,
to relieve undue | 19 | | hardship (as defined by the rules of the Secretary of | 20 | | State), issue
a restricted driving permit granting the | 21 | | privilege of driving a motor
vehicle between the | 22 | | petitioner's residence and petitioner's place of
| 23 | | employment or within the scope of the petitioner's | 24 | | employment related duties, or to
allow the petitioner to | 25 | | transport himself or herself, or a family member of the
| 26 | | petitioner's household to a medical facility, to receive |
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| 1 | | necessary medical care, to allow the petitioner to | 2 | | transport himself or herself to and from alcohol or drug
| 3 | | remedial or rehabilitative activity recommended by a | 4 | | licensed service provider, or to allow the petitioner to | 5 | | transport himself or herself or a family member of the | 6 | | petitioner's household to classes, as a student, at an | 7 | | accredited educational institution, or to allow the | 8 | | petitioner to transport children, elderly persons, or | 9 | | disabled persons who do not hold driving privileges and are | 10 | | living in the petitioner's household to and from daycare. | 11 | | The
petitioner must demonstrate that no alternative means | 12 | | of
transportation is reasonably available and that the | 13 | | petitioner will not endanger
the public safety or welfare. | 14 | | Those multiple offenders identified in subdivision (b)4 of | 15 | | Section 6-208 of this Code, however, shall not be eligible | 16 | | for the issuance of a restricted driving permit.
| 17 | |
(A) If a person's license or permit is revoked or | 18 | | suspended due to 2
or more convictions of violating | 19 | | Section 11-501 of this Code or a similar
provision of a | 20 | | local ordinance or a similar out-of-state offense, or | 21 | | Section 9-3 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012, where the use of alcohol or | 23 | | other drugs is recited as an element of the offense, or | 24 | | a similar out-of-state offense, or a combination of | 25 | | these offenses, arising out
of separate occurrences, | 26 | | that person, if issued a restricted driving permit,
may |
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| 1 | | not operate a vehicle unless it has been equipped with | 2 | | an ignition
interlock device as defined in Section | 3 | | 1-129.1.
| 4 | | (B) If a person's license or permit is revoked or | 5 | | suspended 2 or more
times within a 10 year period due | 6 | | to any combination of: | 7 | | (i) a single conviction of violating Section
| 8 | | 11-501 of this Code or a similar provision of a | 9 | | local ordinance or a similar
out-of-state offense | 10 | | or Section 9-3 of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012, where the use of alcohol or | 12 | | other drugs is recited as an element of the | 13 | | offense, or a similar out-of-state offense; or | 14 | | (ii) a statutory summary suspension or | 15 | | revocation under Section
11-501.1; or | 16 | | (iii) a suspension under Section 6-203.1; | 17 | | arising out of
separate occurrences; that person, if | 18 | | issued a restricted driving permit, may
not operate a | 19 | | vehicle unless it has been
equipped with an ignition | 20 | | interlock device as defined in Section 1-129.1. | 21 | | (C)
The person issued a permit conditioned upon the | 22 | | use of an ignition interlock device must pay to the | 23 | | Secretary of State DUI Administration Fund an amount
| 24 | | not to exceed $30 per month. The Secretary shall | 25 | | establish by rule the amount
and the procedures, terms, | 26 | | and conditions relating to these fees. |
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| 1 | | (D) If the
restricted driving permit is issued for | 2 | | employment purposes, then the prohibition against | 3 | | operating a motor vehicle that is not equipped with an | 4 | | ignition interlock device does not apply to the | 5 | | operation of an occupational vehicle owned or
leased by | 6 | | that person's employer when used solely for employment | 7 | | purposes. | 8 | | (E) In each case the Secretary may issue a
| 9 | | restricted driving permit for a period deemed | 10 | | appropriate, except that all
permits shall expire | 11 | | within one year from the date of issuance. The | 12 | | Secretary
may not, however, issue a restricted driving | 13 | | permit to any person whose current
revocation is the | 14 | | result of a second or subsequent conviction for a | 15 | | violation
of Section 11-501 of this Code or a similar | 16 | | provision of a local ordinance
or any similar | 17 | | out-of-state offense, or Section 9-3 of the Criminal | 18 | | Code of 1961 or the Criminal Code of 2012, where the | 19 | | use of alcohol or other drugs is recited as an element | 20 | | of the offense, or any similar out-of-state offense, or | 21 | | any combination
of those offenses, until the | 22 | | expiration of at least one year from the date of
the | 23 | | revocation. A
restricted driving permit issued under | 24 | | this Section shall be subject to
cancellation, | 25 | | revocation, and suspension by the Secretary of State in | 26 | | like
manner and for like cause as a driver's license |
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| 1 | | issued under this Code may be
cancelled, revoked, or | 2 | | suspended; except that a conviction upon one or more
| 3 | | offenses against laws or ordinances regulating the | 4 | | movement of traffic
shall be deemed sufficient cause | 5 | | for the revocation, suspension, or
cancellation of a | 6 | | restricted driving permit. The Secretary of State may, | 7 | | as
a condition to the issuance of a restricted driving | 8 | | permit, require the
applicant to participate in a | 9 | | designated driver remedial or rehabilitative
program. | 10 | | The Secretary of State is authorized to cancel a | 11 | | restricted
driving permit if the permit holder does not | 12 | | successfully complete the program.
| 13 | | (c-3) In the case of a suspension under paragraph 43 of | 14 | | subsection (a), reports received by the Secretary of State | 15 | | under this Section shall, except during the actual time the | 16 | | suspension is in effect, be privileged information and for use | 17 | | only by the courts, police officers, prosecuting authorities, | 18 | | the driver licensing administrator of any other state, the | 19 | | Secretary of State, or the parent or legal guardian of a driver | 20 | | under the age of 18. However, beginning January 1, 2008, if the | 21 | | person is a CDL holder, the suspension shall also be made | 22 | | available to the driver licensing administrator of any other | 23 | | state, the U.S. Department of Transportation, and the affected | 24 | | driver or motor
carrier or prospective motor carrier upon | 25 | | request.
| 26 | | (c-4) In the case of a suspension under paragraph 43 of |
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| 1 | | subsection (a), the Secretary of State shall notify the person | 2 | | by mail that his or her driving privileges and driver's license | 3 | | will be suspended one month after the date of the mailing of | 4 | | the notice.
| 5 | | (c-5) The Secretary of State may, as a condition of the | 6 | | reissuance of a
driver's license or permit to an applicant | 7 | | whose driver's license or permit has
been suspended before he | 8 | | or she reached the age of 21 years pursuant to any of
the | 9 | | provisions of this Section, require the applicant to | 10 | | participate in a
driver remedial education course and be | 11 | | retested under Section 6-109 of this
Code.
| 12 | | (d) This Section is subject to the provisions of the | 13 | | Drivers License
Compact.
| 14 | | (e) The Secretary of State shall not issue a restricted | 15 | | driving permit to
a person under the age of 16 years whose | 16 | | driving privileges have been suspended
or revoked under any | 17 | | provisions of this Code.
| 18 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 19 | | State may not issue a restricted driving permit for the | 20 | | operation of a commercial motor vehicle to a person holding a | 21 | | CDL whose driving privileges have been suspended, revoked, | 22 | | cancelled, or disqualified under any provisions of this Code. | 23 | | (Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; | 24 | | 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; | 25 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. | 26 | | 1-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)
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| 1 | | (625 ILCS 5/6-521)
(from Ch. 95 1/2, par. 6-521)
| 2 | | Sec. 6-521. Rulemaking Authority.
| 3 | | (a) The Secretary of State, using the
authority to license | 4 | | motor vehicle operators under this Code, may adopt
such rules | 5 | | and regulations as may be necessary to establish standards,
| 6 | | policies and procedures for the licensing and sanctioning of | 7 | | commercial
motor vehicle
drivers in order to meet the | 8 | | requirements of the Commercial Motor Vehicle
Act of 1986 | 9 | | (CMVSA); subsequent federal rulemaking under 49 C.F.R. Part
383 | 10 | | or Part 1572; and administrative and policy decisions of the | 11 | | U.S.
Secretary of
Transportation and the Federal Motor Carrier | 12 | | Safety Administration. The Secretary may,
as provided in the | 13 | | CMVSA, establish stricter requirements for the licensing
of | 14 | | commercial motor vehicle drivers than those established by the | 15 | | federal
government.
| 16 | | (b) By January 1, 1994, the Secretary of State shall | 17 | | establish rules and
regulations for the issuance of a
| 18 | | restricted commercial driver's license
for farm-related | 19 | | service industries
consistent with federal guidelines. The | 20 | | restricted license
shall be available for a seasonal period or | 21 | | periods not to exceed a total of
180 days in any 12 month | 22 | | period.
| 23 | | (c) (Blank). By July 1, 1995, the Secretary of State shall | 24 | | establish
rules and regulations, to be consistent with federal | 25 | | guidelines,
for the issuance and cancellation or withdrawal of |
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| 1 | | a restricted
commercial driver's license that is limited to the | 2 | | operation of a school
bus. A driver whose restricted commercial | 3 | | driver's license has
been cancelled or withdrawn may contest | 4 | | the sanction by requesting
a hearing pursuant to Section 2-118 | 5 | | of this Code. The cancellation
or withdrawal of the restricted | 6 | | commercial driver's license shall
remain in effect pending the | 7 | | outcome of that hearing.
| 8 | | (d) By July 1, 1995, the Secretary of State shall
establish | 9 | | rules and regulations for the issuance and cancellation
of a | 10 | | School Bus Driver's Permit. The permit shall be required for
| 11 | | the operation of a school bus as provided in subsection (c), a | 12 | | non-restricted
CDL
with passenger endorsement, or a properly | 13 | | classified driver's
license. The permit will establish that the | 14 | | school bus driver has
met all the requirements of the | 15 | | application and screening process
established by Section | 16 | | 6-106.1 of this Code.
| 17 | | (Source: P.A. 95-382, eff. 8-23-07.)
| 18 | | Section 99. Effective date. This Act takes effect January | 19 | | 1, 2015.
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