Full Text of SB0577 95th General Assembly
SB0577enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 2-118, 6-201, 6-205, 6-206, and 11-501.8 as follows:
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| (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
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| Sec. 2-118. Hearings.
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| (a) Upon the suspension, revocation or denial of
the | 9 |
| issuance of a license, permit, registration or certificate of | 10 |
| title
under this Code of any person the Secretary of State | 11 |
| shall immediately
notify such person in writing and upon his | 12 |
| written request shall, within 20
days after receipt thereof, | 13 |
| set a date for a hearing to commence within 90
calendar days | 14 |
| from the date of the written request for all requests related | 15 |
| to
a suspension, revocation, or the denial of the issuance of a | 16 |
| license, permit,
registration, or certificate of title | 17 |
| occurring after July 1, 2002, in the
County of
Sangamon, the | 18 |
| County of Jefferson, or the County of Cook, as such
person may | 19 |
| specify, unless both
parties agree that such hearing may be | 20 |
| held in some other county.
The Secretary may require the | 21 |
| payment of a fee of not more than $50 for the
filing of any | 22 |
| petition, motion, or request for hearing conducted pursuant to
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| this Section. These fees must be deposited into the Secretary |
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| of State DUI
Administration Fund, a special fund created in the | 2 |
| State treasury, and, subject
to appropriation and as directed | 3 |
| by the Secretary of State, shall be used for
operation of the | 4 |
| Department of Administrative Hearings of the Office of the
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| Secretary of
State
and for no other purpose. The
Secretary | 6 |
| shall establish by rule the amount and the procedures, terms, | 7 |
| and
conditions relating to these fees.
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| (b) At any time after the suspension, revocation or denial | 9 |
| of a license,
permit, registration or certificate of title of | 10 |
| any person as
hereinbefore referred to, the Secretary of State, | 11 |
| in his or her discretion
and
without the necessity of a request | 12 |
| by such person, may hold such a hearing,
upon not less than 10 | 13 |
| days' notice in writing, in the Counties of Sangamon,
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| Jefferson,
or Cook or in any other county agreed to by the | 15 |
| parties.
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| (c) Upon any such hearing, the Secretary of State, or his | 17 |
| authorized
agent may administer oaths and issue subpoenas for | 18 |
| the attendance of
witnesses and the production of relevant | 19 |
| books and records and may require
an examination of such | 20 |
| person. Upon any such hearing, the Secretary of
State shall | 21 |
| either rescind or, good cause appearing therefor, continue,
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| change or extend the Order of Revocation or Suspension, or upon | 23 |
| petition
therefore and subject to the provisions of this Code, | 24 |
| issue a restricted
driving permit or reinstate the license or | 25 |
| permit of such person.
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| (d) All hearings and hearing procedures shall comply with |
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| requirements
of the Constitution, so that no person is deprived | 2 |
| of due process of law
nor denied equal protection of the laws. | 3 |
| All hearings shall be held before
the Secretary of State or | 4 |
| before such persons as may be designated by the
Secretary of | 5 |
| State and appropriate records of such hearings shall be kept.
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| Where a transcript of the hearing is taken, the person | 7 |
| requesting the
hearing shall have the opportunity to order a | 8 |
| copy thereof at his own
expense.
The Secretary of State shall | 9 |
| enter an order upon any hearing conducted
under this Section, | 10 |
| related to a suspension, revocation, or the denial of
the | 11 |
| issuance of a license, permit, registration, or certificate of | 12 |
| title
occurring after July 1, 2002, within 90 days of its | 13 |
| conclusion and shall
immediately notify the person in writing | 14 |
| of his or her action.
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| (d-5) Any hearing over which the Secretary of State has | 16 |
| jurisdiction because of a person's implied consent to testing | 17 |
| of the person's blood, breath, or urine for the presence of | 18 |
| alcohol, drugs, or intoxicating compounds may be conducted upon | 19 |
| a review of the official police reports. Either party, however, | 20 |
| may subpoena the arresting officer and any other law | 21 |
| enforcement officer who was involved in the petitioner's arrest | 22 |
| or processing after arrest, as well as any other person whose | 23 |
| testimony may be probative to the issues at the hearing. The | 24 |
| failure of a law enforcement officer to answer the subpoena | 25 |
| shall be considered grounds for a continuance if, in the | 26 |
| hearing officer's discretion, the continuance is appropriate. |
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| The failure of the arresting officer to answer a subpoena shall | 2 |
| not, in and of itself, be considered grounds for the rescission | 3 |
| of an implied consent suspension. Rather, the hearing shall | 4 |
| proceed on the basis of the other evidence available, and the | 5 |
| hearing officer shall assign this evidence whatever probative | 6 |
| value is deemed appropriate. The decision to rescind shall be | 7 |
| based upon the totality of the evidence.
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| (e) The action of the
Secretary of State in suspending, | 9 |
| revoking or denying any license, permit,
registration, or | 10 |
| certificate of title shall be subject to judicial review
in the
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| Circuit Court of Sangamon County, in the Circuit Court of | 12 |
| Jefferson County,
or in the Circuit Court of Cook County, and | 13 |
| the
provisions of the Administrative Review Law, and all | 14 |
| amendments and
modifications thereto, and the rules adopted | 15 |
| pursuant thereto, are hereby
adopted and shall apply to and | 16 |
| govern every action for the judicial review of
final acts or | 17 |
| decisions of the Secretary of State hereunder.
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| (Source: P.A. 91-823, eff. 1-1-01; 92-418, eff. 8-17-01.)
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| (625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
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| Sec. 6-201. Authority to cancel licenses and permits.
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| (a) The Secretary of State is authorized to cancel any | 22 |
| license or permit
upon determining that the holder thereof:
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| 1. was not entitled to the issuance thereof hereunder; | 24 |
| or
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| 2. failed to give the required or correct information |
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| in his
application; or
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| 3. failed to pay any fees, civil penalties owed to the | 3 |
| Illinois Commerce
Commission, or taxes due under this Act | 4 |
| and upon reasonable notice and demand;
or
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| 4. committed any fraud in the making of such | 6 |
| application; or
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| 5. is ineligible therefor under the provisions of | 8 |
| Section 6-103 of this
Act, as amended; or
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| 6. has refused or neglected to submit an alcohol, drug, | 10 |
| and
intoxicating compound evaluation or to
submit to | 11 |
| examination or re-examination as required under this Act; | 12 |
| or
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| 7. has been convicted of violating the Cannabis Control | 14 |
| Act,
the
Illinois Controlled Substances Act, the | 15 |
| Methamphetamine Control and Community Protection Act, or | 16 |
| the Use of Intoxicating Compounds
Act while that individual | 17 |
| was in actual physical
control of a motor vehicle. For | 18 |
| purposes of this Section, any person placed on
probation | 19 |
| under Section 10 of the Cannabis Control Act, Section 410 | 20 |
| of the
Illinois Controlled Substances Act, or Section 70 of | 21 |
| the Methamphetamine Control and Community Protection Act | 22 |
| shall not be considered convicted. Any
person found guilty | 23 |
| of this offense, while in actual physical control of a
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| motor vehicle, shall have an entry made in the court record | 25 |
| by the
judge that this offense did occur while the person | 26 |
| was in actual
physical control of a motor vehicle and order |
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| the clerk of the court to report
the violation to the | 2 |
| Secretary of State as such. After the cancellation, the
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| Secretary of State shall not issue a new license or permit | 4 |
| for a period of one
year after the date of cancellation. | 5 |
| However, upon application, the Secretary
of State may, if | 6 |
| satisfied that the person applying will not endanger the
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| public safety, or welfare, issue a restricted driving | 8 |
| permit granting the
privilege of driving a motor vehicle | 9 |
| between the petitioner's
person's residence and
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| petitioner's
person's place of employment or within the | 11 |
| scope of the petitioner's
person's employment
related | 12 |
| duties, or to allow transportation for
the petitioner
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| person or a household member of the petitioner's
person's
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| family for the receipt of
necessary medical care or, if the | 15 |
| professional evaluation indicates,
provide transportation | 16 |
| for the petitioner to and from
for alcohol or drug remedial | 17 |
| or
rehabilitative activity recommended by a licensed | 18 |
| service provider , or for the petitioner
person to attend | 19 |
| classes, as a student,
in an accredited educational | 20 |
| institution . The petitioner must ; if the person is able to
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| demonstrate that no alternative means of transportation is | 22 |
| reasonably
available; provided that the Secretary's | 23 |
| discretion shall be limited to
cases where undue hardship , | 24 |
| as defined by the rules of the Secretary of State, would | 25 |
| result from a failure to issue such
restricted driving | 26 |
| permit. In each case the Secretary of State may issue
such |
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| restricted driving permit for such period as he deems | 2 |
| appropriate,
except that such permit shall expire within | 3 |
| one year from the date of
issuance. A restricted driving | 4 |
| permit issued hereunder shall be subject to
cancellation, | 5 |
| revocation and suspension by the Secretary of State in like
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| manner and for like cause as a driver's license issued | 7 |
| hereunder may be
cancelled, revoked or suspended; except | 8 |
| that a conviction upon one or more
offenses against laws or | 9 |
| ordinances regulating the movement of traffic
shall be | 10 |
| deemed sufficient cause for the revocation, suspension or
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| cancellation of a restricted driving permit. The Secretary | 12 |
| of State may,
as a condition to the issuance of a | 13 |
| restricted driving permit, require the
applicant to | 14 |
| participate in a driver remedial or rehabilitative
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| program; or
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| 8. failed to submit a report as required by Section | 17 |
| 6-116.5 of this
Code; or
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| 9. has been convicted of a sex offense as defined in | 19 |
| the Sex Offender Registration Act. The driver's license | 20 |
| shall remain cancelled until the driver registers as a sex | 21 |
| offender as required by the Sex Offender Registration Act, | 22 |
| proof of the registration is furnished to the Secretary of | 23 |
| State and the sex offender provides proof of current | 24 |
| address to the Secretary ; or .
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| 10.
9. is ineligible for a license or permit under | 26 |
| Section 6-107, 6-107.1, or
6-108 of this Code.
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| (b) Upon such cancellation the licensee or permittee must | 2 |
| surrender the
license or permit so cancelled to the Secretary | 3 |
| of State.
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| (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 5 |
| Secretary of State
shall have exclusive authority to grant, | 6 |
| issue, deny, cancel, suspend and
revoke driving privileges, | 7 |
| drivers' licenses and restricted driving permits.
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| (d) The Secretary of State may adopt rules to implement | 9 |
| this Section.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; | 11 |
| 94-993, eff. 1-1-07; revised 8-3-06.)
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| (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
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| Sec. 6-205. Mandatory revocation of license or permit; | 14 |
| Hardship cases.
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| (a) Except as provided in this Section, the Secretary of | 16 |
| State shall
immediately revoke the license, permit, or driving | 17 |
| privileges of
any driver upon receiving a
report of the | 18 |
| driver's conviction of any of the following offenses:
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| 1. Reckless homicide resulting from the operation of a | 20 |
| motor vehicle;
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| 2. Violation of Section 11-501 of this Code or a | 22 |
| similar provision of
a local ordinance relating to the | 23 |
| offense of operating or being in physical
control of a | 24 |
| vehicle while under the influence of alcohol, other drug or
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| drugs, intoxicating compound or compounds, or any |
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| combination thereof;
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| 3. Any felony under the laws of any State or the | 3 |
| federal government
in the commission of which a motor | 4 |
| vehicle was used;
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| 4. Violation of Section 11-401 of this Code relating to | 6 |
| the offense of
leaving the scene of a traffic accident | 7 |
| involving death or personal injury;
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| 5. Perjury or the making of a false affidavit or | 9 |
| statement under
oath to the Secretary of State under this | 10 |
| Code or under any
other law relating to the ownership or | 11 |
| operation of motor vehicles;
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| 6. Conviction upon 3 charges of violation of Section | 13 |
| 11-503 of this
Code relating to the offense of reckless | 14 |
| driving committed within a
period of 12 months;
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| 7. Conviction of any offense
defined in
Section 4-102 | 16 |
| of this Code;
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| 8. Violation of Section 11-504 of this Code relating to | 18 |
| the offense
of drag racing;
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| 9. Violation of Chapters 8 and 9 of this Code;
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| 10. Violation of Section 12-5 of the Criminal Code of | 21 |
| 1961 arising from
the use of a motor vehicle;
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| 11. Violation of Section 11-204.1 of this Code relating | 23 |
| to aggravated
fleeing or attempting to elude a peace | 24 |
| officer;
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| 12. Violation of paragraph (1) of subsection (b) of | 26 |
| Section 6-507,
or a similar law of any other state, |
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| relating to the
unlawful operation of a commercial motor | 2 |
| vehicle;
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| 13. Violation of paragraph (a) of Section 11-502 of | 4 |
| this Code or a
similar provision of a local ordinance if | 5 |
| the driver has been previously
convicted of a violation of | 6 |
| that Section or a similar provision of a local
ordinance | 7 |
| and the driver was less than 21 years of age at the time of | 8 |
| the
offense.
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| (b) The Secretary of State shall also immediately revoke | 10 |
| the license
or permit of any driver in the following | 11 |
| situations:
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| 1. Of any minor upon receiving the notice provided for | 13 |
| in Section
5-901 of the Juvenile Court Act of 1987 that the | 14 |
| minor has been
adjudicated under that Act as having | 15 |
| committed an offense relating to
motor vehicles prescribed | 16 |
| in Section 4-103 of this Code;
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| 2. Of any person when any other law of this State | 18 |
| requires either the
revocation or suspension of a license | 19 |
| or permit.
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| (c) (1) Whenever a person is convicted of any of the | 21 |
| offenses enumerated in
this Section, the court may | 22 |
| recommend and the Secretary of State in his
discretion, | 23 |
| without regard to whether the recommendation is made by the
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| court may, upon application,
issue to the person a
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| restricted driving permit granting the privilege of | 26 |
| driving a motor
vehicle between the petitioner's residence |
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| and petitioner's place
of employment or within the scope of | 2 |
| the petitioner's employment related
duties, or to allow | 3 |
| transportation for the petitioner or a household member
of | 4 |
| the petitioner's family for the receipt of necessary | 5 |
| medical care or, if
the professional evaluation indicates,
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| provide transportation for the
petitioner to and from
for
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| alcohol or drug remedial or rehabilitative activity | 8 |
| recommended by a licensed service provider , or for the
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| petitioner to attend classes, as a student, in an | 10 |
| accredited educational
institution; if the petitioner is | 11 |
| able to demonstrate that no alternative means
of | 12 |
| transportation is reasonably available and that the | 13 |
| petitioner will not endanger
the public safety or welfare; | 14 |
| provided that the Secretary's discretion shall be
limited | 15 |
| to cases where undue hardship , as defined by the rules of | 16 |
| the Secretary of State, would result from a failure to | 17 |
| issue the
restricted driving permit. Those multiple | 18 |
| offenders identified in subdivision (b)4 of Section 6-208 | 19 |
| of this Code, however, shall not be eligible for the | 20 |
| issuance of a restricted driving permit.
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| (2) If a person's license or permit is
has been revoked | 22 |
| or suspended due to 2 or
more convictions of violating | 23 |
| Section 11-501 of this Code or a similar
provision of a | 24 |
| local ordinance or a similar out-of-state offense, or | 25 |
| Section 9-3 of the Criminal Code of 1961, where the use of | 26 |
| alcohol or other drugs is recited as an element of the |
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| offense, or a similar out-of-state offense, or a | 2 |
| combination of these offenses, arising out
of separate | 3 |
| occurrences, that person, if issued a restricted driving | 4 |
| permit,
may not operate a vehicle unless it has been | 5 |
| equipped with an ignition
interlock device as defined in | 6 |
| Section 1-129.1.
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| (3) If a person's license or permit is
has been revoked | 8 |
| or suspended 2 or more
times within a 10 year period due to | 9 |
| any combination of: | 10 |
| (A) a single conviction of violating Section
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| 11-501 of this Code or a similar provision of a local | 12 |
| ordinance or a similar
out-of-state offense , or | 13 |
| Section 9-3 of the Criminal Code of 1961, where the use | 14 |
| of alcohol or other drugs is recited as an element of | 15 |
| the offense, or a similar out-of-state offense; or , and
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| (B) a statutory summary suspension under Section
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| 11-501.1 ;
, or | 18 |
| (C) a suspension pursuant to Section 6-203.1,
2 or | 19 |
| more statutory summary suspensions, or combination of | 20 |
| 2
offenses, or of an offense and a statutory summary | 21 |
| suspension, arising out of
separate occurrences, that | 22 |
| person, if issued a restricted
driving permit, may not | 23 |
| operate a vehicle unless it has been equipped with an
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| ignition interlock device as defined in Section | 25 |
| 1-129.1.
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| (4) The person must pay to the Secretary of State DUI |
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| Administration Fund an amount
not to exceed $20 per month. | 2 |
| The Secretary shall establish by rule the amount
and the | 3 |
| procedures, terms, and conditions relating to these fees.
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| (5) If the restricted driving permit is
was issued for | 5 |
| employment purposes, then
the prohibition against | 6 |
| operating a motor vehicle that is not equipped with an | 7 |
| ignition interlock device
this provision does not apply to | 8 |
| the operation of an occupational vehicle
owned or leased by | 9 |
| that person's employer when used solely for employment | 10 |
| purposes .
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| (6) In each case the Secretary of State may issue a
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| restricted driving permit for a period he deems | 13 |
| appropriate, except that the
permit shall expire within one | 14 |
| year from the date of issuance. The Secretary
may not, | 15 |
| however, issue a restricted driving permit to any person | 16 |
| whose current
revocation is the result of a second or | 17 |
| subsequent conviction for a violation
of Section 11-501 of | 18 |
| this Code or a similar provision of a local ordinance
| 19 |
| relating to the offense of operating or being in physical | 20 |
| control of a motor
vehicle while under the influence of | 21 |
| alcohol, other drug or drugs, intoxicating
compound or | 22 |
| compounds, or any similar out-of-state offense, or Section | 23 |
| 9-3 of the Criminal Code of 1961, where the use of alcohol | 24 |
| or other drugs is recited as an element of the offense, or | 25 |
| any similar out-of-state offense, or any combination of | 26 |
| these offenses,
or any combination
thereof, until the |
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| expiration of at least one year from the date of the
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| revocation. A restricted
driving permit issued under this | 3 |
| Section shall be
subject to cancellation, revocation, and | 4 |
| suspension by the Secretary of
State in like manner and for | 5 |
| like cause as a driver's license issued
under this Code may | 6 |
| be cancelled, revoked, or
suspended; except that a | 7 |
| conviction upon one or more offenses against laws or
| 8 |
| ordinances regulating the movement of traffic shall be | 9 |
| deemed sufficient cause
for the revocation, suspension, or | 10 |
| cancellation of a restricted driving permit.
The Secretary | 11 |
| of State may, as a condition to the issuance of a | 12 |
| restricted
driving permit, require the petitioner
| 13 |
| applicant to participate in a designated driver
remedial or | 14 |
| rehabilitative program. The Secretary of State is | 15 |
| authorized to
cancel a restricted driving permit if the | 16 |
| permit holder does not successfully
complete the program. | 17 |
| However, if an individual's driving privileges have been
| 18 |
| revoked in accordance with paragraph 13 of subsection (a) | 19 |
| of this Section, no
restricted driving permit shall be | 20 |
| issued until the individual has served 6
months of the | 21 |
| revocation period.
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| (d) (1) Whenever a person under the age of 21 is | 23 |
| convicted under Section
11-501 of this Code or a similar | 24 |
| provision of a local ordinance, or a similar out-of-state | 25 |
| offense, the
Secretary of State shall revoke the driving | 26 |
| privileges of that person. One
year after the date of |
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| revocation, and upon application, the Secretary of
State | 2 |
| may, if satisfied that the person applying will not | 3 |
| endanger the
public safety or welfare, issue a restricted | 4 |
| driving permit granting the
privilege of driving a motor | 5 |
| vehicle only between the hours of 5 a.m. and 9
p.m. or as | 6 |
| otherwise provided by this Section for a period of one | 7 |
| year.
After this one year period, and upon reapplication | 8 |
| for a license as
provided in Section 6-106, upon payment of | 9 |
| the appropriate reinstatement
fee provided under paragraph | 10 |
| (b) of Section 6-118, the Secretary of State,
in his | 11 |
| discretion, may
reinstate the petitioner's driver's | 12 |
| license and driving privileges
issue the applicant a
| 13 |
| license , or extend the restricted driving permit as many | 14 |
| times as the
Secretary of State deems appropriate, by | 15 |
| additional periods of not more than
12 months each , until | 16 |
| the applicant attains 21 years of age .
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| (2) If a person's license or permit is
has been revoked | 18 |
| or 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, where the use of | 22 |
| alcohol or other drugs is recited as an element of the | 23 |
| offense, or a similar out-of-state offense, or a | 24 |
| combination of these offenses, arising out
of separate | 25 |
| occurrences, that person, if issued a restricted driving | 26 |
| permit,
may not operate a vehicle unless it has been |
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| equipped with an ignition
interlock device as defined in | 2 |
| Section 1-129.1.
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| (3) If a person's license or permit is
has been revoked | 4 |
| or suspended 2 or more times
within a 10 year period due to | 5 |
| any combination of:
| 6 |
| (A) a single conviction of violating Section | 7 |
| 11-501
of this
Code or a similar provision of a local | 8 |
| ordinance or a similar out-of-state
offense , or | 9 |
| Section 9-3 of the Criminal Code of 1961, where the use | 10 |
| of alcohol or other drugs is recited as an element of | 11 |
| the offense, or a similar out-of-state offense; or , and
| 12 |
| (B) a statutory summary suspension under Section | 13 |
| 11-501.1 ; , or | 14 |
| (C) a suspension pursuant to Section 6-203.1,
2 or | 15 |
| more statutory
summary
suspensions, or combination of | 16 |
| 2 offenses, or of an offense and a statutory
summary
| 17 |
| suspension, arising out of separate occurrences, that | 18 |
| person, if issued a
restricted
driving permit, may not | 19 |
| operate a vehicle unless it has been equipped with an
| 20 |
| ignition interlock device as defined in Section | 21 |
| 1-129.1.
| 22 |
| (4) The person must pay to the Secretary of State DUI | 23 |
| Administration Fund an amount
not to exceed $20 per month. | 24 |
| The Secretary shall establish by rule the amount
and the | 25 |
| procedures, terms, and conditions relating to these fees.
| 26 |
| (5) If the restricted driving permit is
was issued for |
|
|
|
SB0577 Enrolled |
- 17 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| employment purposes, then the prohibition against driving | 2 |
| a vehicle that is not equipped with an ignition interlock | 3 |
| device
this provision does not apply to the operation of an | 4 |
| occupational vehicle
owned or leased by that person's | 5 |
| employer when used solely for employment purposes . | 6 |
| (6) A
restricted driving permit issued under this | 7 |
| Section shall be subject to
cancellation, revocation, and | 8 |
| suspension by the Secretary of State in like
manner and for | 9 |
| like cause as a driver's license issued under this Code may | 10 |
| be
cancelled, revoked, or suspended; except that a | 11 |
| conviction upon one or more
offenses against laws or | 12 |
| ordinances regulating the movement of traffic
shall be | 13 |
| deemed sufficient cause for the revocation, suspension, or
| 14 |
| cancellation of a restricted driving permit.
The | 15 |
| revocation periods contained in this subparagraph shall | 16 |
| apply to similar
out-of-state convictions.
| 17 |
| (e) This Section is subject to the provisions of the Driver | 18 |
| License
Compact.
| 19 |
| (f) Any revocation imposed upon any person under | 20 |
| subsections 2
and 3 of paragraph (b) that is in effect on | 21 |
| December 31, 1988 shall be
converted to a suspension for a like | 22 |
| period of time.
| 23 |
| (g) The Secretary of State shall not issue a restricted | 24 |
| driving permit to
a person under the age of 16 years whose | 25 |
| driving privileges have been revoked
under any provisions of | 26 |
| this Code.
|
|
|
|
SB0577 Enrolled |
- 18 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| (h) The Secretary of State shall require the use of | 2 |
| ignition interlock
devices on all vehicles owned by an | 3 |
| individual who has been convicted of a
second or subsequent | 4 |
| offense under Section 11-501 of this Code or a similar
| 5 |
| provision of a local ordinance. The Secretary shall establish | 6 |
| by rule and
regulation the procedures for certification and use | 7 |
| of the interlock
system.
| 8 |
| (i) The Secretary of State may not issue a restricted | 9 |
| driving permit for
a period of one year after a second or | 10 |
| subsequent revocation of driving
privileges under clause | 11 |
| (a)(2) of this Section; however, one
year after the date of a | 12 |
| second or subsequent revocation of driving privileges
under | 13 |
| clause (a)(2) of this Section, the Secretary of State may,
upon | 14 |
| application, issue a restricted driving permit under the terms | 15 |
| and
conditions of subsection (c).
| 16 |
| (j) In accordance with 49 C.F.R. 384, the Secretary of | 17 |
| State may not issue a restricted driving permit for the | 18 |
| operation of a commercial motor vehicle to a person holding a | 19 |
| CDL whose driving privileges have been revoked under any | 20 |
| provisions of this Code.
| 21 |
| (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
| 22 |
| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| 23 |
| Sec. 6-206. Discretionary authority to suspend or revoke | 24 |
| license or
permit; Right to a hearing.
| 25 |
| (a) The Secretary of State is authorized to suspend or |
|
|
|
SB0577 Enrolled |
- 19 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| revoke the
driving privileges of any person without preliminary | 2 |
| hearing upon a showing
of the person's records or other | 3 |
| sufficient evidence that
the person:
| 4 |
| 1. Has committed an offense for which mandatory | 5 |
| revocation of
a driver's license or permit is required upon | 6 |
| conviction;
| 7 |
| 2. Has been convicted of not less than 3 offenses | 8 |
| against traffic
regulations governing the movement of | 9 |
| vehicles committed within any 12
month period. No | 10 |
| revocation or suspension shall be entered more than
6 | 11 |
| months after the date of last conviction;
| 12 |
| 3. Has been repeatedly involved as a driver in motor | 13 |
| vehicle
collisions or has been repeatedly convicted of | 14 |
| offenses against laws and
ordinances regulating the | 15 |
| movement of traffic, to a degree that
indicates lack of | 16 |
| ability to exercise ordinary and reasonable care in
the | 17 |
| safe operation of a motor vehicle or disrespect for the | 18 |
| traffic laws
and the safety of other persons upon the | 19 |
| highway;
| 20 |
| 4. Has by the unlawful operation of a motor vehicle | 21 |
| caused or
contributed to an accident resulting in death or | 22 |
| injury requiring
immediate professional treatment in a | 23 |
| medical facility or doctor's office
to any person, except | 24 |
| that any suspension or revocation imposed by the
Secretary | 25 |
| of State under the provisions of this subsection shall | 26 |
| start no
later than 6 months after being convicted of |
|
|
|
SB0577 Enrolled |
- 20 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| violating a law or
ordinance regulating the movement of | 2 |
| traffic, which violation is related
to the accident, or | 3 |
| shall start not more than one year
after
the date of the | 4 |
| accident, whichever date occurs later;
| 5 |
| 5. Has permitted an unlawful or fraudulent use of a | 6 |
| driver's
license, identification card, or permit;
| 7 |
| 6. Has been lawfully convicted of an offense or | 8 |
| offenses in another
state, including the authorization | 9 |
| contained in Section 6-203.1, which
if committed within | 10 |
| this State would be grounds for suspension or revocation;
| 11 |
| 7. Has refused or failed to submit to an examination | 12 |
| provided for by
Section 6-207 or has failed to pass the | 13 |
| examination;
| 14 |
| 8. Is ineligible for a driver's license or permit under | 15 |
| the provisions
of Section 6-103;
| 16 |
| 9. Has made a false statement or knowingly concealed a | 17 |
| material fact
or has used false information or | 18 |
| identification in any application for a
license, | 19 |
| identification card, or permit;
| 20 |
| 10. Has possessed, displayed, or attempted to | 21 |
| fraudulently use any
license, identification card, or | 22 |
| permit not issued to the person;
| 23 |
| 11. Has operated a motor vehicle upon a highway of this | 24 |
| State when
the person's driving privilege or privilege to | 25 |
| obtain a driver's license
or permit was revoked or | 26 |
| suspended unless the operation was authorized by
a judicial |
|
|
|
SB0577 Enrolled |
- 21 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| driving permit, probationary license to drive, or a | 2 |
| restricted
driving permit issued under this Code;
| 3 |
| 12. Has submitted to any portion of the application | 4 |
| process for
another person or has obtained the services of | 5 |
| another person to submit to
any portion of the application | 6 |
| process for the purpose of obtaining a
license, | 7 |
| identification card, or permit for some other person;
| 8 |
| 13. Has operated a motor vehicle upon a highway of this | 9 |
| State when
the person's driver's license or permit was | 10 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
| 11 |
| 14. Has committed a violation of Section 6-301, | 12 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 13 |
| of the Illinois Identification Card
Act;
| 14 |
| 15. Has been convicted of violating Section 21-2 of the | 15 |
| Criminal Code
of 1961 relating to criminal trespass to | 16 |
| vehicles in which case, the suspension
shall be for one | 17 |
| year;
| 18 |
| 16. Has been convicted of violating Section 11-204 of | 19 |
| this Code relating
to fleeing from a peace officer;
| 20 |
| 17. Has refused to submit to a test, or tests, as | 21 |
| required under Section
11-501.1 of this Code and the person | 22 |
| has not sought a hearing as
provided for in Section | 23 |
| 11-501.1;
| 24 |
| 18. Has, since issuance of a driver's license or | 25 |
| permit, been adjudged
to be afflicted with or suffering | 26 |
| from any mental disability or disease;
|
|
|
|
SB0577 Enrolled |
- 22 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| 19. Has committed a violation of paragraph (a) or (b) | 2 |
| of Section 6-101
relating to driving without a driver's | 3 |
| license;
| 4 |
| 20. Has been convicted of violating Section 6-104 | 5 |
| relating to
classification of driver's license;
| 6 |
| 21. Has been convicted of violating Section 11-402 of
| 7 |
| this Code relating to leaving the scene of an accident | 8 |
| resulting in damage
to a vehicle in excess of $1,000, in | 9 |
| which case the suspension shall be
for one year;
| 10 |
| 22. Has used a motor vehicle in violating paragraph | 11 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 12 |
| the Criminal Code of 1961 relating
to unlawful use of | 13 |
| weapons, in which case the suspension shall be for one
| 14 |
| year;
| 15 |
| 23. Has, as a driver, been convicted of committing a | 16 |
| violation of
paragraph (a) of Section 11-502 of this Code | 17 |
| for a second or subsequent
time within one year of a | 18 |
| similar violation;
| 19 |
| 24. Has been convicted by a court-martial or punished | 20 |
| by non-judicial
punishment by military authorities of the | 21 |
| United States at a military
installation in Illinois of or | 22 |
| for a traffic related offense that is the
same as or | 23 |
| similar to an offense specified under Section 6-205 or | 24 |
| 6-206 of
this Code;
| 25 |
| 25. Has permitted any form of identification to be used | 26 |
| by another in
the application process in order to obtain or |
|
|
|
SB0577 Enrolled |
- 23 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| attempt to obtain a license,
identification card, or | 2 |
| permit;
| 3 |
| 26. Has altered or attempted to alter a license or has | 4 |
| possessed an
altered license, identification card, or | 5 |
| permit;
| 6 |
| 27. Has violated Section 6-16 of the Liquor Control Act | 7 |
| of 1934;
| 8 |
| 28. Has been convicted of the illegal possession, while | 9 |
| operating or
in actual physical control, as a driver, of a | 10 |
| motor vehicle, of any
controlled substance prohibited | 11 |
| under the Illinois Controlled Substances
Act, any cannabis | 12 |
| prohibited under the Cannabis Control
Act, or any | 13 |
| methamphetamine prohibited under the Methamphetamine | 14 |
| Control and Community Protection Act, in which case the | 15 |
| person's driving privileges shall be suspended for
one | 16 |
| year, and any driver who is convicted of a second or | 17 |
| subsequent
offense, within 5 years of a previous | 18 |
| conviction, for the illegal
possession, while operating or | 19 |
| in actual physical control, as a driver, of
a motor | 20 |
| vehicle, of any controlled substance prohibited under the | 21 |
| Illinois Controlled Substances Act, any cannabis
| 22 |
| prohibited under the Cannabis Control Act, or any | 23 |
| methamphetamine prohibited under the Methamphetamine | 24 |
| Control and Community Protection Act shall be suspended for | 25 |
| 5 years.
Any defendant found guilty of this offense while | 26 |
| operating a motor vehicle,
shall have an entry made in the |
|
|
|
SB0577 Enrolled |
- 24 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| court record by the presiding judge that
this offense did | 2 |
| occur while the defendant was operating a motor vehicle
and | 3 |
| order the clerk of the court to report the violation to the | 4 |
| Secretary
of State;
| 5 |
| 29. Has been convicted of the following offenses that | 6 |
| were committed
while the person was operating or in actual | 7 |
| physical control, as a driver,
of a motor vehicle: criminal | 8 |
| sexual assault,
predatory criminal sexual assault of a | 9 |
| child,
aggravated criminal sexual
assault, criminal sexual | 10 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 11 |
| soliciting for a juvenile prostitute and the manufacture, | 12 |
| sale or
delivery of controlled substances or instruments | 13 |
| used for illegal drug use
or abuse in which case the | 14 |
| driver's driving privileges shall be suspended
for one | 15 |
| year;
| 16 |
| 30. Has been convicted a second or subsequent time for | 17 |
| any
combination of the offenses named in paragraph 29 of | 18 |
| this subsection,
in which case the person's driving | 19 |
| privileges shall be suspended for 5
years;
| 20 |
| 31. Has refused to submit to a test as
required by | 21 |
| Section 11-501.6 or has submitted to a test resulting in
an | 22 |
| alcohol concentration of 0.08 or more or any amount of a | 23 |
| drug, substance, or
compound resulting from the unlawful | 24 |
| use or consumption of cannabis as listed
in the Cannabis | 25 |
| Control Act, a controlled substance as listed in the | 26 |
| Illinois
Controlled Substances Act, or an intoxicating |
|
|
|
SB0577 Enrolled |
- 25 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| compound as listed in the Use of
Intoxicating Compounds | 2 |
| Act, in which case the penalty shall be
as prescribed in | 3 |
| Section 6-208.1;
| 4 |
| 32. Has been convicted of Section 24-1.2 of the | 5 |
| Criminal Code of
1961 relating to the aggravated discharge | 6 |
| of a firearm if the offender was
located in a motor vehicle | 7 |
| at the time the firearm was discharged, in which
case the | 8 |
| suspension shall be for 3 years;
| 9 |
| 33. Has as a driver, who was less than 21 years of age | 10 |
| on the date of
the offense, been convicted a first time of | 11 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 12 |
| or a similar provision of a local ordinance;
| 13 |
| 34. Has committed a violation of Section 11-1301.5 of | 14 |
| this Code;
| 15 |
| 35. Has committed a violation of Section 11-1301.6 of | 16 |
| this Code;
| 17 |
| 36. Is under the age of 21 years at the time of arrest | 18 |
| and has been
convicted of not less than 2 offenses against | 19 |
| traffic regulations governing
the movement of vehicles | 20 |
| committed within any 24 month period. No revocation
or | 21 |
| suspension shall be entered more than 6 months after the | 22 |
| date of last
conviction;
| 23 |
| 37. Has committed a violation of subsection (c) of | 24 |
| Section 11-907 of this
Code;
| 25 |
| 38. Has been convicted of a violation of Section 6-20 | 26 |
| of the Liquor
Control Act of 1934 or a similar provision of |
|
|
|
SB0577 Enrolled |
- 26 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| a local ordinance;
| 2 |
| 39. Has committed a second or subsequent violation of | 3 |
| Section
11-1201 of this Code;
| 4 |
| 40. Has committed a violation of subsection (a-1) of | 5 |
| Section 11-908 of
this Code; | 6 |
| 41. Has committed a second or subsequent violation of | 7 |
| Section 11-605.1 of this Code within 2 years of the date of | 8 |
| the previous violation, in which case the suspension shall | 9 |
| be for 90 days; or | 10 |
| 42. Has committed a violation of subsection (a-1) of | 11 |
| Section 11-1301.3 of this Code ; or
.
| 12 |
| 43. Has, in connection with or during the course of a | 13 |
| formal hearing conducted under Section 2-118 of this Code: | 14 |
| (i) committed perjury; (ii) submitted fraudulent or | 15 |
| falsified documents; (iii) submitted documents that have | 16 |
| been materially altered; or (iv), submitted as his or her | 17 |
| own, documents that were in fact prepared or composed for | 18 |
| another person.
| 19 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 20 |
| and 27 of this
subsection, license means any driver's license, | 21 |
| any traffic ticket issued when
the person's driver's license is | 22 |
| deposited in lieu of bail, a suspension
notice issued by the | 23 |
| Secretary of State, a duplicate or corrected driver's
license, | 24 |
| a probationary driver's license or a temporary driver's | 25 |
| license.
| 26 |
| (b) If any conviction forming the basis of a suspension or
|
|
|
|
SB0577 Enrolled |
- 27 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| revocation authorized under this Section is appealed, the
| 2 |
| Secretary of State may rescind or withhold the entry of the | 3 |
| order of suspension
or revocation, as the case may be, provided | 4 |
| that a certified copy of a stay
order of a court is filed with | 5 |
| the Secretary of State. If the conviction is
affirmed on | 6 |
| appeal, the date of the conviction shall relate back to the | 7 |
| time
the original judgment of conviction was entered and the 6 | 8 |
| month limitation
prescribed shall not apply.
| 9 |
| (c) 1. Upon suspending or revoking the driver's license or | 10 |
| permit of
any person as authorized in this Section, the | 11 |
| Secretary of State shall
immediately notify the person in | 12 |
| writing of the revocation or suspension.
The notice to be | 13 |
| deposited in the United States mail, postage prepaid,
to | 14 |
| the last known address of the person.
| 15 |
| 2. If the Secretary of State suspends the driver's | 16 |
| license
of a person under subsection 2 of paragraph (a) of | 17 |
| this Section, a
person's privilege to operate a vehicle as | 18 |
| an occupation shall not be
suspended, provided an affidavit | 19 |
| is properly completed, the appropriate fee
received, and a | 20 |
| permit issued prior to the effective date of the
| 21 |
| suspension, unless 5 offenses were committed, at least 2 of | 22 |
| which occurred
while operating a commercial vehicle in | 23 |
| connection with the driver's
regular occupation. All other | 24 |
| driving privileges shall be suspended by the
Secretary of | 25 |
| State. Any driver prior to operating a vehicle for
| 26 |
| occupational purposes only must submit the affidavit on |
|
|
|
SB0577 Enrolled |
- 28 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| forms to be
provided by the Secretary of State setting | 2 |
| forth the facts of the person's
occupation. The affidavit | 3 |
| shall also state the number of offenses
committed while | 4 |
| operating a vehicle in connection with the driver's regular
| 5 |
| occupation. The affidavit shall be accompanied by the | 6 |
| driver's license.
Upon receipt of a properly completed | 7 |
| affidavit, the Secretary of State
shall issue the driver a | 8 |
| permit to operate a vehicle in connection with the
driver's | 9 |
| regular occupation only. Unless the permit is issued by the
| 10 |
| Secretary of State prior to the date of suspension, the | 11 |
| privilege to drive
any motor vehicle shall be suspended as | 12 |
| set forth in the notice that was
mailed under this Section. | 13 |
| If an affidavit is received subsequent to the
effective | 14 |
| date of this suspension, a permit may be issued for the | 15 |
| remainder
of the suspension period.
| 16 |
| The provisions of this subparagraph shall not apply to | 17 |
| any driver
required to possess a CDL for the purpose of | 18 |
| operating a commercial motor vehicle.
| 19 |
| Any person who falsely states any fact in the affidavit | 20 |
| required
herein shall be guilty of perjury under Section | 21 |
| 6-302 and upon conviction
thereof shall have all driving | 22 |
| privileges revoked without further rights.
| 23 |
| 3. At the conclusion of a hearing under Section 2-118 | 24 |
| of this Code,
the Secretary of State shall either rescind | 25 |
| or continue an order of
revocation or shall substitute an | 26 |
| order of suspension; or, good
cause appearing therefor, |
|
|
|
SB0577 Enrolled |
- 29 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| rescind, continue, change, or extend the
order of | 2 |
| suspension. If the Secretary of State does not rescind the | 3 |
| order,
the Secretary may upon application,
to relieve undue | 4 |
| hardship (as defined by the rules of the Secretary of | 5 |
| State) , issue
a restricted driving permit granting the | 6 |
| privilege of driving a motor
vehicle between the | 7 |
| petitioner's residence and petitioner's place of
| 8 |
| employment or within the scope of the petitioner's
his
| 9 |
| employment related duties, or to
allow transportation for | 10 |
| the petitioner, or a household member of the
petitioner's | 11 |
| family, to receive necessary medical care and if the
| 12 |
| professional evaluation indicates, provide transportation | 13 |
| to and from
for alcohol
or drug remedial or rehabilitative | 14 |
| activity recommended by a licensed service provider , or for | 15 |
| the petitioner to attend
classes, as a student, in an | 16 |
| accredited educational institution . The ; if the
petitioner | 17 |
| must
is able to demonstrate that no alternative means of
| 18 |
| transportation is reasonably available and that the | 19 |
| petitioner will not endanger
the public safety or welfare. | 20 |
| Those multiple offenders identified in subdivision (b)4 of | 21 |
| Section 6-208 of this Code, however, shall not be eligible | 22 |
| for the issuance of a restricted driving permit.
| 23 |
| (A) If a person's license or permit is
has been revoked | 24 |
| or suspended due to 2
or more convictions of violating | 25 |
| Section 11-501 of this Code or a similar
provision of a | 26 |
| local ordinance or a similar out-of-state offense, or |
|
|
|
SB0577 Enrolled |
- 30 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| Section 9-3 of the Criminal Code of 1961, where the use of | 2 |
| alcohol or other drugs is recited as an element of the | 3 |
| offense, or a similar out-of-state offense, or a | 4 |
| combination of these offenses, arising out
of separate | 5 |
| occurrences, that person, if issued a restricted driving | 6 |
| permit,
may not operate a vehicle unless it has been | 7 |
| equipped with an ignition
interlock device as defined in | 8 |
| Section 1-129.1.
| 9 |
| (B) If a person's license or permit is
has been revoked | 10 |
| or suspended 2 or more
times within a 10 year period due to | 11 |
| any combination of: | 12 |
| (i) a single conviction 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 | 15 |
| 9-3 of the Criminal Code of 1961, where the use of | 16 |
| alcohol or other drugs is recited as an element of the | 17 |
| offense, or a similar out-of-state offense; or , and | 18 |
| (ii) a statutory summary suspension under Section
| 19 |
| 11-501.1 ;
, or | 20 |
| (iii) a suspension under Section 6-203.1,
2 or more | 21 |
| statutory summary suspensions, or combination of 2
| 22 |
| offenses, or of an offense and a statutory summary | 23 |
| suspension, arising out of
separate occurrences, that | 24 |
| person, if issued a restricted driving permit, may
not | 25 |
| operate a vehicle unless it has been
equipped with an | 26 |
| ignition interlock device as defined in Section |
|
|
|
SB0577 Enrolled |
- 31 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| 1-129.1.
| 2 |
| (C) The person must pay to the Secretary of State DUI | 3 |
| Administration Fund an amount
not to exceed $20 per month. | 4 |
| The Secretary shall establish by rule the amount
and the | 5 |
| procedures, terms, and conditions relating to these fees. | 6 |
| (D) If the
restricted driving permit is
was issued for | 7 |
| employment purposes, then the prohibition against | 8 |
| operating a motor vehicle that is not equipped with an | 9 |
| ignition interlock device
this
provision does not apply to | 10 |
| the operation of an occupational vehicle owned or
leased by | 11 |
| that person's employer when used solely for employment | 12 |
| purposes . | 13 |
| (E) In each case the Secretary may issue a
restricted | 14 |
| driving permit for a period deemed appropriate, except that | 15 |
| all
permits shall expire within one year from the date of | 16 |
| issuance. The Secretary
may not, however, issue a | 17 |
| restricted driving permit to any person whose current
| 18 |
| revocation is the result of a second or subsequent | 19 |
| conviction for a violation
of Section 11-501 of this Code | 20 |
| or a similar provision of a local ordinance
relating to the | 21 |
| offense of operating or being in physical control of a | 22 |
| motor
vehicle while under the influence of alcohol, other | 23 |
| drug or drugs, intoxicating
compound or compounds, or any | 24 |
| similar out-of-state offense, or Section 9-3 of the | 25 |
| Criminal Code of 1961, where the use of alcohol or other | 26 |
| drugs is recited as an element of the offense, or any |
|
|
|
SB0577 Enrolled |
- 32 - |
LRB095 04707 DRH 28347 b |
|
| 1 |
| similar out-of-state offense, or any combination
of those | 2 |
| offenses, until the expiration of at least one year from | 3 |
| the date of
the revocation. A
restricted driving permit | 4 |
| issued under this Section shall be subject to
cancellation, | 5 |
| revocation, and suspension by the Secretary of State in | 6 |
| like
manner and for like cause as a driver's license issued | 7 |
| under this Code may be
cancelled, revoked, or suspended; | 8 |
| except that a conviction upon one or more
offenses against | 9 |
| laws or ordinances regulating the movement of traffic
shall | 10 |
| be deemed sufficient cause for the revocation, suspension, | 11 |
| or
cancellation of a restricted driving permit. The | 12 |
| Secretary of State may, as
a condition to the issuance of a | 13 |
| restricted driving permit, require the
applicant to | 14 |
| participate in a designated driver remedial or | 15 |
| rehabilitative
program. The Secretary of State is | 16 |
| authorized to cancel a restricted
driving permit if the | 17 |
| permit holder does not successfully complete the program.
| 18 |
| (c-5) The Secretary of State may, as a condition of the | 19 |
| reissuance of a
driver's license or permit to an applicant | 20 |
| whose driver's license or permit has
been suspended before he | 21 |
| or she reached the age of 18 years pursuant to any of
the | 22 |
| provisions of this Section, require the applicant to | 23 |
| participate in a
driver remedial education course and be | 24 |
| retested under Section 6-109 of this
Code.
| 25 |
| (d) This Section is subject to the provisions of the | 26 |
| Drivers License
Compact.
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| (e) The Secretary of State shall not issue a restricted | 2 |
| driving permit to
a person under the age of 16 years whose | 3 |
| driving privileges have been suspended
or revoked under any | 4 |
| provisions of this Code.
| 5 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of | 6 |
| State may not issue a restricted driving permit for the | 7 |
| operation of a commercial motor vehicle to a person holding a | 8 |
| CDL whose driving privileges have been suspended or revoked | 9 |
| under any provisions of this Code. | 10 |
| (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | 11 |
| 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | 12 |
| 9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)
| 13 |
| (625 ILCS 5/11-501.8)
| 14 |
| Sec. 11-501.8. Suspension of driver's license; persons | 15 |
| under age 21.
| 16 |
| (a) A person who is less than 21 years of age and who | 17 |
| drives or
is in actual physical control of a motor vehicle upon | 18 |
| the
public highways of this State shall be deemed to have given | 19 |
| consent to a
chemical test or tests of blood, breath, or urine | 20 |
| for the purpose of
determining the alcohol content of the | 21 |
| person's blood if arrested, as evidenced
by the issuance of a | 22 |
| Uniform Traffic Ticket for any violation of the Illinois
| 23 |
| Vehicle Code or a similar provision of a local ordinance, if a | 24 |
| police officer
has probable cause to believe that the driver | 25 |
| has consumed any amount of an
alcoholic beverage based upon |
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| evidence of the driver's physical condition or
other first hand | 2 |
| knowledge of the police officer. The test or tests shall be
| 3 |
| administered at the direction of the arresting officer. The law | 4 |
| enforcement
agency employing the officer shall designate which | 5 |
| of the aforesaid tests shall
be administered. A urine test may | 6 |
| be administered even after a blood or
breath test or both has | 7 |
| been administered.
| 8 |
| (b) A person who is dead, unconscious, or who is otherwise | 9 |
| in a condition
rendering that person incapable of refusal, | 10 |
| shall be deemed not to have
withdrawn the consent provided by | 11 |
| paragraph (a) of this Section and the test or
tests may be | 12 |
| administered subject to the following provisions:
| 13 |
| (i) Chemical analysis of the person's blood, urine, | 14 |
| breath, or
other bodily substance, to be considered valid | 15 |
| under the provisions of this
Section, shall have been | 16 |
| performed according to standards promulgated by the | 17 |
| Department of State
Police
by an individual possessing a | 18 |
| valid permit issued by that Department for this
purpose. | 19 |
| The Director of State Police is authorized to approve | 20 |
| satisfactory
techniques or methods, to ascertain the | 21 |
| qualifications and competence of
individuals to conduct | 22 |
| analyses, to issue permits that shall be subject to
| 23 |
| termination or revocation at the direction of that | 24 |
| Department, and to certify
the accuracy of breath testing | 25 |
| equipment. The Department of
State Police shall prescribe | 26 |
| regulations as necessary.
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| (ii) When a person submits to a blood test at the | 2 |
| request of a law
enforcement officer under the provisions | 3 |
| of this Section, only a physician
authorized to practice | 4 |
| medicine, a registered nurse, or other qualified person
| 5 |
| trained in venipuncture and acting under the direction of a | 6 |
| licensed physician
may withdraw blood for the purpose of | 7 |
| determining the alcohol content therein.
This limitation | 8 |
| does not apply to the taking of breath or urine specimens.
| 9 |
| (iii) The person tested may have a physician, qualified | 10 |
| technician,
chemist, registered nurse, or other qualified | 11 |
| person of his or her own choosing
administer a chemical | 12 |
| test or tests in addition to any test or tests
administered | 13 |
| at the direction of a law enforcement officer. The failure | 14 |
| or
inability to obtain an additional test by a person shall | 15 |
| not preclude the
consideration of the previously performed | 16 |
| chemical test.
| 17 |
| (iv) Upon a request of the person who submits to a | 18 |
| chemical test or
tests at the request of a law enforcement | 19 |
| officer, full information concerning
the test or tests | 20 |
| shall be made available to the person or that person's
| 21 |
| attorney.
| 22 |
| (v) Alcohol concentration means either grams of | 23 |
| alcohol per 100
milliliters of blood or grams of alcohol | 24 |
| per 210 liters of breath.
| 25 |
| (vi) If a driver is receiving medical treatment as a | 26 |
| result of a motor
vehicle accident, a physician licensed to |
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| practice medicine, registered nurse,
or other qualified | 2 |
| person trained in venipuncture and
acting under the | 3 |
| direction of a licensed physician shall
withdraw blood for | 4 |
| testing purposes to ascertain the presence of alcohol upon
| 5 |
| the specific request of a law enforcement officer. However, | 6 |
| that testing
shall not be performed until, in the opinion | 7 |
| of the medical personnel on scene,
the withdrawal can be | 8 |
| made without interfering with or endangering the
| 9 |
| well-being of the patient.
| 10 |
| (c) A person requested to submit to a test as provided | 11 |
| above shall be warned
by the law enforcement officer requesting | 12 |
| the test that a refusal to submit to
the test, or submission to | 13 |
| the test resulting in an alcohol concentration of
more than | 14 |
| 0.00, may result in the loss of that person's privilege to | 15 |
| operate a
motor vehicle. The loss of driving privileges shall | 16 |
| be imposed in accordance
with Section 6-208.2 of this Code.
| 17 |
| (d) If the person refuses testing or submits to a test that | 18 |
| discloses an
alcohol concentration of more than 0.00, the law | 19 |
| enforcement officer shall
immediately submit a sworn report to | 20 |
| the Secretary of State on a form
prescribed by the Secretary of | 21 |
| State, certifying that the test or tests were
requested under | 22 |
| subsection (a) and the person refused to submit to a test
or | 23 |
| tests or submitted to testing which disclosed an alcohol | 24 |
| concentration of
more than 0.00. The law enforcement officer | 25 |
| shall submit the same sworn report
when a person under the age | 26 |
| of 21 submits to testing under Section
11-501.1 of this Code |
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| and the testing discloses an alcohol concentration of
more than | 2 |
| 0.00 and less than 0.08.
| 3 |
| Upon receipt of the sworn report of a law enforcement | 4 |
| officer, the Secretary
of State shall enter the driver's | 5 |
| license sanction on the individual's driving
record and the | 6 |
| sanctions shall be effective on the 46th day following the date
| 7 |
| notice of the sanction was given to the person. If this | 8 |
| sanction is the
individual's first driver's license suspension | 9 |
| under this Section, reports
received by the Secretary of State | 10 |
| under this Section shall, except during the
time the suspension | 11 |
| is in effect, be privileged information and for use only by
the | 12 |
| courts, police officers, prosecuting authorities, the | 13 |
| Secretary of State,
or the individual personally.
| 14 |
| The law enforcement officer submitting the sworn report | 15 |
| shall serve immediate
notice of this driver's license sanction | 16 |
| on the person and the sanction shall
be effective on the 46th | 17 |
| day following the date notice was given.
| 18 |
| In cases where the blood alcohol concentration of more than | 19 |
| 0.00 is
established by a subsequent analysis of blood or urine, | 20 |
| the police officer or
arresting agency shall give notice as | 21 |
| provided in this Section or by deposit
in the United States | 22 |
| mail of that notice in an envelope with postage prepaid
and | 23 |
| addressed to that person at his last known address and the loss | 24 |
| of driving
privileges shall be effective on the 46th day | 25 |
| following the date notice was
given.
| 26 |
| Upon receipt of the sworn report of a law enforcement |
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| officer, the Secretary
of State shall also give notice of the | 2 |
| driver's license sanction to the driver
by mailing a notice of | 3 |
| the effective date of the sanction to the individual.
However, | 4 |
| should the sworn report be defective by not containing | 5 |
| sufficient
information or be completed in error, the notice of | 6 |
| the driver's license
sanction may not be mailed to the person | 7 |
| or entered to the driving record,
but rather the sworn report | 8 |
| shall be returned to the issuing law enforcement
agency.
| 9 |
| (e) A driver may contest this driver's license sanction by | 10 |
| requesting an
administrative hearing with the Secretary of | 11 |
| State in accordance with Section
2-118 of this Code. An | 12 |
| individual whose blood alcohol concentration is shown
to be | 13 |
| more than 0.00 is not subject to this Section if he or she | 14 |
| consumed
alcohol in the performance of a religious service or | 15 |
| ceremony. An individual
whose blood alcohol concentration is | 16 |
| shown to be more than 0.00 shall not be
subject to this Section | 17 |
| if the individual's blood alcohol concentration
resulted only | 18 |
| from ingestion of the prescribed or recommended dosage of
| 19 |
| medicine that contained alcohol. The petition for that hearing | 20 |
| shall not stay
or delay the effective date of the impending | 21 |
| suspension. The scope of this
hearing shall be limited to the | 22 |
| issues of:
| 23 |
| (1) whether the police officer had probable cause to | 24 |
| believe that the
person was driving or in actual physical | 25 |
| control of a motor vehicle upon the
public highways of the | 26 |
| State and the police officer had reason to believe that
the |
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| person was in violation of any provision of the Illinois | 2 |
| Vehicle Code or a
similar provision of a local ordinance; | 3 |
| and
| 4 |
| (2) whether the person was issued a Uniform Traffic | 5 |
| Ticket for any
violation of the Illinois Vehicle Code or a | 6 |
| similar provision of a local
ordinance; and
| 7 |
| (3) whether the police officer had probable cause to | 8 |
| believe that the
driver
had consumed any amount of an | 9 |
| alcoholic beverage based upon the driver's
physical | 10 |
| actions or other first-hand knowledge of the police | 11 |
| officer; and
| 12 |
| (4) whether the person, after being advised by the | 13 |
| officer that the
privilege to operate a motor vehicle would | 14 |
| be suspended if the person refused
to submit to and | 15 |
| complete the test or tests, did refuse to submit to or
| 16 |
| complete the test or tests to determine the person's | 17 |
| alcohol concentration;
and
| 18 |
| (5) whether the person, after being advised by the | 19 |
| officer that the
privileges to operate a motor vehicle | 20 |
| would be suspended if the person submits
to a chemical test | 21 |
| or tests and the test or tests disclose an alcohol
| 22 |
| concentration of more than 0.00, did submit to and
complete | 23 |
| the
test or tests that determined an alcohol concentration | 24 |
| of more than 0.00; and
| 25 |
| (6) whether the test result of an alcohol concentration | 26 |
| of more than 0.00
was based upon the person's consumption |
|
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| of alcohol in the performance of a
religious service or | 2 |
| ceremony; and
| 3 |
| (7) whether the test result of an alcohol concentration | 4 |
| of more than 0.00
was based upon the person's consumption | 5 |
| of alcohol through ingestion of the
prescribed or | 6 |
| recommended dosage of medicine.
| 7 |
| Provided that the petitioner may subpoena the officer, the | 8 |
| hearing may be
conducted upon a review of the law enforcement | 9 |
| officer's own official reports.
Failure of the officer to | 10 |
| answer the subpoena shall be grounds for a
continuance if, in | 11 |
| the hearing officer's discretion, the continuance is
| 12 |
| appropriate. At the conclusion of the hearing held under | 13 |
| Section 2-118 of
this Code, the Secretary of State may rescind, | 14 |
| continue, or modify the driver's
license sanction. If the | 15 |
| Secretary of State does not rescind the sanction, a
restricted | 16 |
| driving permit may be granted by the Secretary of State upon
| 17 |
| application being made and good cause shown. A restricted | 18 |
| driving permit may be
granted to relieve undue hardship by | 19 |
| allowing driving for employment,
educational, and medical | 20 |
| purposes as outlined in item (3) of part (c) of
Section 6-206 | 21 |
| of this Code. The provisions of item (3) of part (c) of Section
| 22 |
| 6-206 of this Code and of subsection (f) of that Section shall | 23 |
| apply. The Secretary of State shall promulgate rules
providing | 24 |
| for participation in an alcohol education and awareness program | 25 |
| or
activity, a drug education and awareness program or | 26 |
| activity, or both as a
condition to the issuance of a |
|
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| restricted driving permit for suspensions
imposed under this | 2 |
| Section.
| 3 |
| (f) The results of any chemical testing performed in | 4 |
| accordance with
subsection (a) of this Section are not | 5 |
| admissible in any civil or criminal
proceeding, except that the | 6 |
| results of the testing may be considered at a
hearing held | 7 |
| under Section 2-118 of this Code. However, the results of
the | 8 |
| testing may not be used to impose driver's license sanctions | 9 |
| under
Section 11-501.1 of this Code. A law enforcement officer | 10 |
| may, however, pursue
a statutory summary suspension of driving | 11 |
| privileges under Section 11-501.1 of
this Code if other | 12 |
| physical evidence or first hand knowledge forms the basis
of | 13 |
| that suspension.
| 14 |
| (g) This Section applies only to drivers who are under
age | 15 |
| 21 at the time of the issuance of a Uniform Traffic Ticket for | 16 |
| a
violation of the Illinois Vehicle Code or a similar provision | 17 |
| of a local
ordinance, and a chemical test request is made under | 18 |
| this Section.
| 19 |
| (h) The action of the Secretary of State in suspending, | 20 |
| revoking, or
denying any license, permit, registration, or | 21 |
| certificate of title shall be
subject to judicial review in the | 22 |
| Circuit Court of Sangamon County or in the
Circuit Court of | 23 |
| Cook County, and the provisions of the Administrative Review
| 24 |
| Law and its rules are hereby adopted and shall apply to and | 25 |
| govern every action
for the judicial review of final acts or | 26 |
| decisions of the Secretary of State
under this Section.
|
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| 1 |
| (Source: P.A. 94-307, eff. 9-30-05.)
|
|