Full Text of HB5661 98th General Assembly
HB5661 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5661 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-208 | from Ch. 95 1/2, par. 6-208 |
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Amends the Illinois Vehicle Code. Provides that in addition to the offenses of reckless homicide and aggravated driving under the influence, any felony violation of the laws of any state or the federal government involving the use of a vehicle that results in the death of another person shall prevent a person whose license has been revoked from applying for a new license until the expiration of 2 years from the effective date of the revocation or the expiration of 24 months from the date of release from a period of imprisonment, whichever is later. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation, which may be referred to | 2 | | as Brittany's Law.
| 3 | | Be it enacted by the People of the State of Illinois,
| 4 | | represented in the General Assembly:
| 5 | | Section 5. The Illinois Vehicle Code is amended by changing | 6 | | Section 6-208 as follows:
| 7 | | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| 8 | | Sec. 6-208. Period of Suspension - Application After | 9 | | Revocation.
| 10 | | (a) Except as otherwise provided by this Code or any other | 11 | | law of this
State, the Secretary of State shall not suspend a | 12 | | driver's license,
permit, or privilege to drive a motor vehicle | 13 | | on the highways for a
period of more than one year.
| 14 | | (b) Any person whose license, permit, or privilege to drive | 15 | | a motor
vehicle on the highways has been revoked shall not be | 16 | | entitled to have
such license, permit, or privilege renewed or | 17 | | restored. However, such
person may, except as provided under | 18 | | subsections (d) and (d-5) of Section 6-205, make
application | 19 | | for a license pursuant to Section 6-106 (i) if the revocation
| 20 | | was
for a cause that
has been removed or (ii) as provided in | 21 | | the following
subparagraphs:
| 22 | | 1. Except as provided in subparagraphs 1.5, 2, 3,
4, | 23 | | and 5,
the person may make application for a license (A) |
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| 1 | | after the expiration of one
year from the effective date of | 2 | | the revocation, (B) in the case of a violation of paragraph | 3 | | (b) of Section 11-401 of this
Code or a similar provision | 4 | | of a local ordinance, after the expiration of 3
years from | 5 | | the effective date of the revocation, or
(C) in the case of | 6 | | a violation
of Section 9-3 of the Criminal Code of 1961 or | 7 | | the Criminal Code of 2012 or a similar provision of a law | 8 | | of another state relating to the offense of reckless
| 9 | | homicide , or a violation of subparagraph (F) of paragraph 1 | 10 | | of subsection (d) of Section 11-501 of this Code relating | 11 | | to aggravated driving under the influence of alcohol, other | 12 | | drug or drugs, intoxicating compound or compounds, or any | 13 | | combination thereof, if the violation was the proximate | 14 | | cause of a death , or a violation of any felony offense | 15 | | under the laws of any state or the federal government if | 16 | | the violation is the proximate cause of the death of | 17 | | another and in performing the acts which caused the death | 18 | | of another a motor vehicle was used , after the expiration | 19 | | of 2 years from the effective date of the
revocation
or | 20 | | after the expiration of 24 months from the date of release | 21 | | from
a
period of imprisonment as provided in Section
6-103 | 22 | | of this Code, whichever is later.
| 23 | | 1.5. If the person is convicted of a violation of | 24 | | Section 6-303 of this Code committed while his or her | 25 | | driver's license, permit, or privilege was revoked because | 26 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
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| 1 | | or the Criminal Code of 2012, relating to the offense of | 2 | | reckless homicide, or a similar provision of a law of | 3 | | another state, the person may not make application for a | 4 | | license or permit until the expiration of 3 years from the | 5 | | date of the conviction.
| 6 | | 2. If such person is convicted of committing a second | 7 | | violation within a 20-year
period of:
| 8 | | (A) Section 11-501 of this Code or a similar | 9 | | provision of a local
ordinance;
| 10 | | (B) Paragraph (b) of Section 11-401 of this Code or | 11 | | a similar
provision
of a local ordinance;
| 12 | | (C) Section 9-3 of the Criminal Code of 1961 or the | 13 | | Criminal Code of 2012, relating
to the
offense of | 14 | | reckless homicide; or
| 15 | | (D) any combination of the above offenses | 16 | | committed at different
instances;
| 17 | | then such person may not make application for a license | 18 | | until after
the expiration of 5 years from the effective | 19 | | date of the most recent
revocation. The 20-year
period | 20 | | shall be computed by using the dates the
offenses were | 21 | | committed and shall also include similar out-of-state
| 22 | | offenses and similar offenses committed on a military | 23 | | installation.
| 24 | | 2.5. If a person is convicted of a second violation of | 25 | | Section 6-303 of this Code committed while the person's | 26 | | driver's license, permit, or privilege was revoked because |
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| 1 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 2 | | or the Criminal Code of 2012, relating to the offense of | 3 | | reckless homicide, or a similar provision of a law of | 4 | | another state, the person may not make application for a | 5 | | license or permit until the expiration of 5 years from the | 6 | | date of release from a term of imprisonment.
| 7 | | 3. However, except as provided in subparagraph 4, if | 8 | | such person is
convicted of committing a third or
| 9 | | subsequent violation or any combination of the above | 10 | | offenses, including
similar out-of-state offenses and | 11 | | similar offenses committed on a military installation, | 12 | | contained in subparagraph 2, then such person
may not make | 13 | | application for a license until after the expiration of 10 | 14 | | years
from the effective date of the most recent | 15 | | revocation.
| 16 | | 4. The person may not make application for a license if | 17 | | the person is
convicted of committing a fourth or | 18 | | subsequent
violation of Section 11-501 of this Code or a | 19 | | similar provision of a local
ordinance, Section 11-401 of | 20 | | this Code, Section 9-3 of the
Criminal Code of 1961 or the | 21 | | Criminal Code of 2012, or
a combination of these offenses,
| 22 | | similar provisions of local ordinances,
similar | 23 | | out-of-state offenses, or similar offenses committed on a | 24 | | military installation.
| 25 | | 5. The person may not make application for a license or | 26 | | permit if the person is convicted of a third or subsequent |
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| 1 | | violation of Section 6-303 of this Code committed while his | 2 | | or her driver's license, permit, or privilege was revoked | 3 | | because of a violation of Section 9-3 of the Criminal Code | 4 | | of 1961 or the Criminal Code of 2012, relating to the | 5 | | offense of reckless homicide, or a similar provision of a | 6 | | law of another state.
| 7 | | Notwithstanding any other provision of this Code, all | 8 | | persons referred to
in this paragraph (b) may not have their | 9 | | privileges restored until the
Secretary receives payment of the | 10 | | required reinstatement fee pursuant to
subsection (b) of | 11 | | Section 6-118.
| 12 | | In no event shall the Secretary issue such license
unless | 13 | | and until such person has had a hearing pursuant to this Code | 14 | | and
the appropriate administrative rules and the Secretary is
| 15 | | satisfied, after a review or investigation of such person, that
| 16 | | to grant the privilege of driving a motor vehicle on the | 17 | | highways will
not endanger the public safety or welfare.
| 18 | | (c) (Blank).
| 19 | | (Source: P.A. 96-607, eff. 8-24-09; 97-1150, eff. 1-25-13.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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