Full Text of SB0967 97th General Assembly
SB0967eng 97TH 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 Vehicle Code is amended by changing | 5 | | Sections 6-205 and 6-206 as follows:
| 6 | | (625 ILCS 5/6-205)
| 7 | | Sec. 6-205. Mandatory revocation of license or permit; | 8 | | Hardship cases.
| 9 | | (a) Except as provided in this Section, the Secretary of | 10 | | State shall
immediately revoke the license, permit, or driving | 11 | | privileges of
any driver upon receiving a
report of the | 12 | | driver's conviction of any of the following offenses:
| 13 | | 1. Reckless homicide resulting from the operation of a | 14 | | motor vehicle;
| 15 | | 2. Violation of Section 11-501 of this Code or a | 16 | | similar provision of
a local ordinance relating to the | 17 | | offense of operating or being in physical
control of a | 18 | | vehicle while under the influence of alcohol, other drug or
| 19 | | drugs, intoxicating compound or compounds, or any | 20 | | combination thereof;
| 21 | | 3. Any felony under the laws of any State or the | 22 | | federal government
in the commission of which a motor | 23 | | vehicle was used;
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| 1 | | 4. Violation of Section 11-401 of this Code relating to | 2 | | the offense of
leaving the scene of a traffic accident | 3 | | involving death or personal injury;
| 4 | | 5. Perjury or the making of a false affidavit or | 5 | | statement under
oath to the Secretary of State under this | 6 | | Code or under any
other law relating to the ownership or | 7 | | operation of motor vehicles;
| 8 | | 6. Conviction upon 3 charges of violation of Section | 9 | | 11-503 of this
Code relating to the offense of reckless | 10 | | driving committed within a
period of 12 months;
| 11 | | 7. Conviction of any offense
defined in
Section 4-102 | 12 | | of this Code;
| 13 | | 8. Violation of Section 11-504 of this Code relating to | 14 | | the offense
of drag racing;
| 15 | | 9. Violation of Chapters 8 and 9 of this Code;
| 16 | | 10. Violation of Section 12-5 of the Criminal Code of | 17 | | 1961 arising from
the use of a motor vehicle;
| 18 | | 11. Violation of Section 11-204.1 of this Code relating | 19 | | to aggravated
fleeing or attempting to elude a peace | 20 | | officer;
| 21 | | 12. Violation of paragraph (1) of subsection (b) of | 22 | | Section 6-507,
or a similar law of any other state, | 23 | | relating to the
unlawful operation of a commercial motor | 24 | | vehicle;
| 25 | | 13. Violation of paragraph (a) of Section 11-502 of | 26 | | this Code or a
similar provision of a local ordinance if |
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| 1 | | the driver has been previously
convicted of a violation of | 2 | | that Section or a similar provision of a local
ordinance | 3 | | and the driver was less than 21 years of age at the time of | 4 | | the
offense;
| 5 | | 14. Violation of paragraph (a) of Section 11-506 of | 6 | | this Code or a similar provision of a local ordinance | 7 | | relating to the offense of street racing;
| 8 | | 15. A second or subsequent conviction of driving while | 9 | | the person's driver's license, permit or privileges was | 10 | | revoked for reckless homicide or a similar out-of-state | 11 | | offense; | 12 | | 16. Any offense against any provision in this Code, or | 13 | | any local ordinance, regulating the
movement of traffic | 14 | | when that offense was the proximate cause of the death of | 15 | | any person. Any person whose driving privileges have been | 16 | | revoked pursuant to this paragraph may seek to have the | 17 | | revocation terminated or to have the length of revocation | 18 | | reduced by requesting an administrative hearing with the | 19 | | Secretary of State prior to the projected driver's license | 20 | | application eligibility date. | 21 | | (b) The Secretary of State shall also immediately revoke | 22 | | the license
or permit of any driver in the following | 23 | | situations:
| 24 | | 1. Of any minor upon receiving the notice provided for | 25 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 26 | | minor has been
adjudicated under that Act as having |
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| 1 | | committed an offense relating to
motor vehicles prescribed | 2 | | in Section 4-103 of this Code;
| 3 | | 2. Of any person when any other law of this State | 4 | | requires either the
revocation or suspension of a license | 5 | | or permit;
| 6 | | 3. Of any person adjudicated under the Juvenile Court | 7 | | Act of 1987 based on an offense determined to have been | 8 | | committed in furtherance of the criminal activities of an | 9 | | organized gang as provided in Section 5-710 of that Act, | 10 | | and that involved the operation or use of a motor vehicle | 11 | | or the use of a driver's license or permit. The revocation | 12 | | shall remain in effect for the period determined by the | 13 | | court. Upon the direction of the court, the Secretary shall | 14 | | issue the person a judicial driving permit, also known as a | 15 | | JDP. The JDP shall be subject to the same terms as a JDP | 16 | | issued under Section 6-206.1, except that the court may | 17 | | direct that a JDP issued under this subdivision (b)(3) be | 18 | | effective immediately.
| 19 | | (c)(1) Whenever a person is convicted of any of the | 20 | | offenses enumerated in
this Section, the court may recommend | 21 | | and the Secretary of State in his
discretion, without regard to | 22 | | whether the recommendation is made by the
court may, upon | 23 | | application,
issue to the person a
restricted driving permit | 24 | | granting the privilege of driving a motor
vehicle between the | 25 | | petitioner's residence and petitioner's place
of employment or | 26 | | within the scope of the petitioner's employment related
duties, |
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| 1 | | or to allow the petitioner to transport himself or herself or a | 2 | | family member
of the petitioner's household to a medical | 3 | | facility for the receipt of necessary medical care or to allow | 4 | | the
petitioner to transport himself or herself to and from | 5 | | alcohol or drug remedial or rehabilitative activity | 6 | | recommended by a licensed service provider, or to allow the
| 7 | | petitioner to transport himself or herself or a family member | 8 | | of the petitioner's household to classes, as a student, at an | 9 | | accredited educational
institution, or to allow the petitioner | 10 | | to transport children, elderly persons, or disabled persons who | 11 | | do not hold driving privileges and are living in the | 12 | | petitioner's household to and from daycare; if the petitioner | 13 | | is able to demonstrate that no alternative means
of | 14 | | transportation is reasonably available and that the petitioner | 15 | | will not endanger
the public safety or welfare; provided that | 16 | | the Secretary's discretion shall be
limited to cases where | 17 | | undue hardship, as defined by the rules of the Secretary of | 18 | | State, would result from a failure to issue the
restricted | 19 | | driving permit. Those multiple offenders identified in | 20 | | subdivision (b)4 of Section 6-208 of this Code, however, shall | 21 | | not be eligible for the issuance of a restricted driving | 22 | | permit.
| 23 | | (2) If a person's license or permit is revoked or | 24 | | suspended due to 2 or
more convictions of violating Section | 25 | | 11-501 of this Code or a similar
provision of a local | 26 | | ordinance or a similar out-of-state offense, or Section 9-3 |
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| 1 | | of the Criminal Code of 1961, where the use of alcohol or | 2 | | other drugs is recited as an element of the offense, or a | 3 | | similar out-of-state offense, or a combination of these | 4 | | offenses, arising out
of separate occurrences, that | 5 | | person, if issued a restricted driving permit,
may not | 6 | | operate a vehicle unless it has been equipped with an | 7 | | ignition
interlock device as defined in Section 1-129.1.
| 8 | | (3) If:
| 9 | | (A) a person's license or permit is revoked or | 10 | | suspended 2 or more
times within a 10 year period due | 11 | | to any combination of: | 12 | | (i)
a single conviction of violating Section
| 13 | | 11-501 of this Code or a similar provision of a | 14 | | local ordinance or a similar
out-of-state offense, | 15 | | or Section 9-3 of the Criminal Code of 1961, where | 16 | | the use of alcohol or other drugs is recited as an | 17 | | element of the offense, or a similar out-of-state | 18 | | offense; or | 19 | | (ii)
a statutory summary suspension or | 20 | | revocation under Section
11-501.1; or | 21 | | (iii)
a suspension pursuant to Section | 22 | | 6-203.1;
| 23 | | arising out of
separate occurrences; or | 24 | | (B)
a person has been convicted of one violation of | 25 | | Section 6-303 of this Code committed while his or her | 26 | | driver's license, permit, or privilege was revoked |
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| 1 | | because of a violation of Section 9-3 of the Criminal | 2 | | Code of 1961, relating to the offense of reckless | 3 | | homicide where the use of alcohol or other drugs was | 4 | | recited as an element of the offense, or a similar | 5 | | provision of a law of another state;
| 6 | | that person, if issued a restricted
driving permit, may not | 7 | | operate a vehicle unless it has been equipped with an
| 8 | | ignition interlock device as defined in Section 1-129.1. | 9 | | (4)
The person issued a permit conditioned on the use | 10 | | of an ignition interlock device must pay to the Secretary | 11 | | of State DUI Administration Fund an amount
not to exceed | 12 | | $30 per month. The Secretary shall establish by rule the | 13 | | amount
and the procedures, terms, and conditions relating | 14 | | to these fees. | 15 | | (5)
If the restricted driving permit is issued for | 16 | | employment purposes, then
the prohibition against | 17 | | operating a motor vehicle that is not equipped with an | 18 | | ignition interlock device does not apply to the operation | 19 | | of an occupational vehicle
owned or leased by that person's | 20 | | employer when used solely for employment purposes. | 21 | | (6)
In each case the Secretary of State may issue a
| 22 | | restricted driving permit for a period he deems | 23 | | appropriate, except that the
permit shall expire within one | 24 | | year from the date of issuance. The Secretary
may not, | 25 | | however, issue a restricted driving permit to any person | 26 | | whose current
revocation is the result of a second or |
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| 1 | | subsequent conviction for a violation
of Section 11-501 of | 2 | | this Code or a similar provision of a local ordinance
or | 3 | | any similar out-of-state offense, or Section 9-3 of the | 4 | | Criminal Code of 1961, where the use of alcohol or other | 5 | | drugs is recited as an element of the offense, or any | 6 | | similar out-of-state offense, or any combination of these | 7 | | offenses, until the expiration of at least one year from | 8 | | the date of the
revocation. A restricted
driving permit | 9 | | issued under this Section shall be
subject to cancellation, | 10 | | revocation, and suspension by the Secretary of
State in | 11 | | like manner and for like cause as a driver's license issued
| 12 | | under this Code may be cancelled, revoked, or
suspended; | 13 | | except that a conviction upon one or more offenses against | 14 | | laws or
ordinances regulating the movement of traffic shall | 15 | | be deemed sufficient cause
for the revocation, suspension, | 16 | | or cancellation of a restricted driving permit.
The | 17 | | Secretary of State shall may , as a condition to the | 18 | | issuance of a restricted
driving permit, require the | 19 | | petitioner to participate in a designated driver
remedial | 20 | | or rehabilitative program. The Secretary of State is | 21 | | authorized to
cancel a restricted driving permit if the | 22 | | permit holder does not successfully
complete the program. | 23 | | However, if an individual's driving privileges have been
| 24 | | revoked in accordance with paragraph 13 of subsection (a) | 25 | | of this Section, no
restricted driving permit shall be | 26 | | issued until the individual has served 6
months of the |
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| 1 | | revocation period.
| 2 | | (c-5) (Blank).
| 3 | | (c-6) If a person is convicted of a second violation of | 4 | | operating a motor vehicle while the person's driver's license, | 5 | | permit or privilege was revoked, where the revocation was for a | 6 | | violation of Section 9-3 of the Criminal Code of 1961 relating | 7 | | to the offense of reckless homicide or a similar out-of-state | 8 | | offense, the person's driving privileges shall be revoked | 9 | | pursuant to subdivision (a)(15) of this Section. The person may | 10 | | not make application for a license or permit until the | 11 | | expiration of five years from the effective date of the | 12 | | revocation or the expiration of five years from the date of | 13 | | release from a term of imprisonment, whichever is later. | 14 | | (c-7) If a person is convicted of a third or subsequent | 15 | | violation of operating a motor vehicle while the person's | 16 | | driver's license, permit or privilege was revoked, where the | 17 | | revocation was for a violation of Section 9-3 of the Criminal | 18 | | Code of 1961 relating to the offense of reckless homicide or a | 19 | | similar out-of-state offense, the person may never apply for a | 20 | | license or permit. | 21 | | (d)(1) Whenever a person under the age of 21 is convicted | 22 | | under Section
11-501 of this Code or a similar provision of a | 23 | | local ordinance or a similar out-of-state offense, the
| 24 | | Secretary of State shall revoke the driving privileges of that | 25 | | person. One
year after the date of revocation, and upon | 26 | | application, the Secretary of
State may, if satisfied that the |
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| 1 | | person applying will not endanger the
public safety or welfare, | 2 | | issue a restricted driving permit granting the
privilege of | 3 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 4 | | p.m. or as otherwise provided by this Section for a period of | 5 | | one year.
After this one year period, and upon reapplication | 6 | | for a license as
provided in Section 6-106, upon payment of the | 7 | | appropriate reinstatement
fee provided under paragraph (b) of | 8 | | Section 6-118, the Secretary of State,
in his discretion, may
| 9 | | reinstate the petitioner's driver's license and driving | 10 | | privileges, or extend the restricted driving permit as many | 11 | | times as the
Secretary of State deems appropriate, by | 12 | | additional periods of not more than
12 months each.
| 13 | | (2) If a person's license or permit is revoked or | 14 | | suspended due to 2 or
more convictions of violating Section | 15 | | 11-501 of this Code or a similar
provision of a local | 16 | | ordinance or a similar out-of-state offense, or Section 9-3 | 17 | | of the Criminal Code of 1961, where the use of alcohol or | 18 | | other drugs is recited as an element of the offense, or a | 19 | | similar out-of-state offense, or a combination of these | 20 | | offenses, arising out
of separate occurrences, that | 21 | | person, if issued a restricted driving permit,
may not | 22 | | operate a vehicle unless it has been equipped with an | 23 | | ignition
interlock device as defined in Section 1-129.1.
| 24 | | (3) If a person's license or permit is revoked or | 25 | | suspended 2 or more times
within a 10 year period due to | 26 | | any combination of: |
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| 1 | | (A) a single conviction of violating Section | 2 | | 11-501
of this
Code or a similar provision of a local | 3 | | ordinance or a similar out-of-state
offense, or | 4 | | Section 9-3 of the Criminal Code of 1961, where the use | 5 | | of alcohol or other drugs is recited as an element of | 6 | | the offense, or a similar out-of-state offense; or | 7 | | (B)
a statutory summary suspension or revocation | 8 | | under Section 11-501.1; or | 9 | | (C) a suspension pursuant to Section 6-203.1; | 10 | | arising out of separate occurrences, that person, if issued | 11 | | a
restricted
driving permit, may not operate a vehicle | 12 | | unless it has been equipped with an
ignition interlock | 13 | | device as defined in Section 1-129.1. | 14 | | (4)
The person issued a permit conditioned upon the use | 15 | | of an interlock device must pay to the Secretary of State | 16 | | DUI Administration Fund an amount
not to exceed $30 per | 17 | | month. The Secretary shall establish by rule the amount
and | 18 | | the procedures, terms, and conditions relating to these | 19 | | fees. | 20 | | (5)
If the restricted driving permit is issued for | 21 | | employment purposes, then
the prohibition against driving | 22 | | a vehicle that is not equipped with an ignition interlock | 23 | | device does not apply to the operation of an occupational | 24 | | vehicle
owned or leased by that person's employer when used | 25 | | solely for employment purposes. | 26 | | (6) A
restricted driving permit issued under this |
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| 1 | | Section shall be subject to
cancellation, revocation, and | 2 | | suspension by the Secretary of State in like
manner and for | 3 | | like cause as a driver's license issued under this Code may | 4 | | be
cancelled, revoked, or suspended; except that a | 5 | | conviction upon one or more
offenses against laws or | 6 | | ordinances regulating the movement of traffic
shall be | 7 | | deemed sufficient cause for the revocation, suspension, or
| 8 | | cancellation of a restricted driving permit.
| 9 | | (d-5) The revocation of the license, permit, or driving | 10 | | privileges of a person convicted of a third or subsequent | 11 | | violation of Section 6-303 of this Code committed while his or | 12 | | her driver's license, permit, or privilege was revoked because | 13 | | of a violation of Section 9-3 of the Criminal Code of 1961, | 14 | | relating to the offense of reckless homicide, or a similar | 15 | | provision of a law of another state, is permanent. The | 16 | | Secretary may not, at any time, issue a license or permit to | 17 | | that person.
| 18 | | (e) This Section is subject to the provisions of the Driver | 19 | | License
Compact.
| 20 | | (f) Any revocation imposed upon any person under | 21 | | subsections 2
and 3 of paragraph (b) that is in effect on | 22 | | December 31, 1988 shall be
converted to a suspension for a like | 23 | | period of time.
| 24 | | (g) The Secretary of State shall not issue a restricted | 25 | | driving permit to
a person under the age of 16 years whose | 26 | | driving privileges have been revoked
under any provisions of |
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| 1 | | this Code.
| 2 | | (h) The Secretary of State shall require the use of | 3 | | ignition interlock
devices on all vehicles owned by a person | 4 | | who has been convicted of a
second or subsequent offense under | 5 | | Section 11-501 of this Code or a similar
provision of a local | 6 | | ordinance. The person must pay to the Secretary of State DUI | 7 | | Administration Fund an amount not to exceed $30 for each month | 8 | | that he or she uses the device. The Secretary shall establish | 9 | | by rule and
regulation the procedures for certification and use | 10 | | of the interlock
system, the amount of the fee, and the | 11 | | procedures, terms, and conditions relating to these fees.
| 12 | | (i) (Blank).
| 13 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 14 | | State may not issue a restricted driving permit for the | 15 | | operation of a commercial motor vehicle to a person holding a | 16 | | CDL whose driving privileges have been revoked, suspended, | 17 | | cancelled, or disqualified under any provisions of this Code.
| 18 | | (k) An application for a license or permit made following a | 19 | | period of license revocation under this Section must be | 20 | | accompanied by proof of the applicant's participation in a | 21 | | designated driver
remedial or rehabilitative program, unless | 22 | | the revocation was the result of a conviction for a violation
| 23 | | of Section 11-501 of this Code or a similar provision of a | 24 | | local ordinance
or any similar out-of-state offense or Section | 25 | | 9-3 of the Criminal Code of 1961, where the use of alcohol or | 26 | | other drugs is recited as an element of the offense, or any |
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| 1 | | similar out-of-state offense, or any combination of these | 2 | | offenses. | 3 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 4 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 5 | | 7-1-11; 97-333, eff. 8-12-11.)
| 6 | | (625 ILCS 5/6-206)
| 7 | | Sec. 6-206. Discretionary authority to suspend or revoke | 8 | | license or
permit; Right to a hearing.
| 9 | | (a) The Secretary of State is authorized to suspend or | 10 | | revoke the
driving privileges of any person without preliminary | 11 | | hearing upon a showing
of the person's records or other | 12 | | sufficient evidence that
the person:
| 13 | | 1. Has committed an offense for which mandatory | 14 | | revocation of
a driver's license or permit is required upon | 15 | | conviction;
| 16 | | 2. Has been convicted of not less than 3 offenses | 17 | | against traffic
regulations governing the movement of | 18 | | vehicles committed within any 12
month period. No | 19 | | revocation or suspension shall be entered more than
6 | 20 | | months after the date of last conviction;
| 21 | | 3. Has been repeatedly involved as a driver in motor | 22 | | vehicle
collisions or has been repeatedly convicted of | 23 | | offenses against laws and
ordinances regulating the | 24 | | movement of traffic, to a degree that
indicates lack of | 25 | | ability to exercise ordinary and reasonable care in
the |
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| 1 | | safe operation of a motor vehicle or disrespect for the | 2 | | traffic laws
and the safety of other persons upon the | 3 | | highway;
| 4 | | 4. Has by the unlawful operation of a motor vehicle | 5 | | caused or
contributed to an accident resulting in injury | 6 | | requiring
immediate professional treatment in a medical | 7 | | facility or doctor's office
to any person, except that any | 8 | | suspension or revocation imposed by the
Secretary of State | 9 | | under the provisions of this subsection shall start no
| 10 | | later than 6 months after being convicted of violating a | 11 | | law or
ordinance regulating the movement of traffic, which | 12 | | violation is related
to the accident, or shall start not | 13 | | more than one year
after
the date of the accident, | 14 | | whichever date occurs later;
| 15 | | 5. Has permitted an unlawful or fraudulent use of a | 16 | | driver's
license, identification card, or permit;
| 17 | | 6. Has been lawfully convicted of an offense or | 18 | | offenses in another
state, including the authorization | 19 | | contained in Section 6-203.1, which
if committed within | 20 | | this State would be grounds for suspension or revocation;
| 21 | | 7. Has refused or failed to submit to an examination | 22 | | provided for by
Section 6-207 or has failed to pass the | 23 | | examination;
| 24 | | 8. Is ineligible for a driver's license or permit under | 25 | | the provisions
of Section 6-103;
| 26 | | 9. Has made a false statement or knowingly concealed a |
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| 1 | | material fact
or has used false information or | 2 | | identification in any application for a
license, | 3 | | identification card, or permit;
| 4 | | 10. Has possessed, displayed, or attempted to | 5 | | fraudulently use any
license, identification card, or | 6 | | permit not issued to the person;
| 7 | | 11. Has operated a motor vehicle upon a highway of this | 8 | | State when
the person's driving privilege or privilege to | 9 | | obtain a driver's license
or permit was revoked or | 10 | | suspended unless the operation was authorized by
a | 11 | | monitoring device driving permit, judicial driving permit | 12 | | issued prior to January 1, 2009, probationary license to | 13 | | drive, or a restricted
driving permit issued under this | 14 | | Code;
| 15 | | 12. Has submitted to any portion of the application | 16 | | process for
another person or has obtained the services of | 17 | | another person to submit to
any portion of the application | 18 | | process for the purpose of obtaining a
license, | 19 | | identification card, or permit for some other person;
| 20 | | 13. Has operated a motor vehicle upon a highway of this | 21 | | State when
the person's driver's license or permit was | 22 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 23 | | 14. Has committed a violation of Section 6-301, | 24 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 25 | | of the Illinois Identification Card
Act;
| 26 | | 15. Has been convicted of violating Section 21-2 of the |
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| 1 | | Criminal Code
of 1961 relating to criminal trespass to | 2 | | vehicles in which case, the suspension
shall be for one | 3 | | year;
| 4 | | 16. Has been convicted of violating Section 11-204 of | 5 | | this Code relating
to fleeing from a peace officer;
| 6 | | 17. Has refused to submit to a test, or tests, as | 7 | | required under Section
11-501.1 of this Code and the person | 8 | | has not sought a hearing as
provided for in Section | 9 | | 11-501.1;
| 10 | | 18. Has, since issuance of a driver's license or | 11 | | permit, been adjudged
to be afflicted with or suffering | 12 | | from any mental disability or disease;
| 13 | | 19. Has committed a violation of paragraph (a) or (b) | 14 | | of Section 6-101
relating to driving without a driver's | 15 | | license;
| 16 | | 20. Has been convicted of violating Section 6-104 | 17 | | relating to
classification of driver's license;
| 18 | | 21. Has been convicted of violating Section 11-402 of
| 19 | | this Code relating to leaving the scene of an accident | 20 | | resulting in damage
to a vehicle in excess of $1,000, in | 21 | | which case the suspension shall be
for one year;
| 22 | | 22. Has used a motor vehicle in violating paragraph | 23 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 24 | | the Criminal Code of 1961 relating
to unlawful use of | 25 | | weapons, in which case the suspension shall be for one
| 26 | | year;
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| 1 | | 23. Has, as a driver, been convicted of committing a | 2 | | violation of
paragraph (a) of Section 11-502 of this Code | 3 | | for a second or subsequent
time within one year of a | 4 | | similar violation;
| 5 | | 24. Has been convicted by a court-martial or punished | 6 | | by non-judicial
punishment by military authorities of the | 7 | | United States at a military
installation in Illinois of or | 8 | | for a traffic related offense that is the
same as or | 9 | | similar to an offense specified under Section 6-205 or | 10 | | 6-206 of
this Code;
| 11 | | 25. Has permitted any form of identification to be used | 12 | | by another in
the application process in order to obtain or | 13 | | attempt to obtain a license,
identification card, or | 14 | | permit;
| 15 | | 26. Has altered or attempted to alter a license or has | 16 | | possessed an
altered license, identification card, or | 17 | | permit;
| 18 | | 27. Has violated Section 6-16 of the Liquor Control Act | 19 | | of 1934;
| 20 | | 28. Has been convicted of the illegal possession, while | 21 | | operating or
in actual physical control, as a driver, of a | 22 | | motor vehicle, of any
controlled substance prohibited | 23 | | under the Illinois Controlled Substances
Act, any cannabis | 24 | | prohibited under the Cannabis Control
Act, or any | 25 | | methamphetamine prohibited under the Methamphetamine | 26 | | Control and Community Protection Act, in which case the |
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| 1 | | person's driving privileges shall be suspended for
one | 2 | | year, and any driver who is convicted of a second or | 3 | | subsequent
offense, within 5 years of a previous | 4 | | conviction, for the illegal
possession, while operating or | 5 | | in actual physical control, as a driver, of
a motor | 6 | | vehicle, of any controlled substance prohibited under the | 7 | | Illinois Controlled Substances Act, any cannabis
| 8 | | prohibited under the Cannabis Control Act, or any | 9 | | methamphetamine prohibited under the Methamphetamine | 10 | | Control and Community Protection Act shall be suspended for | 11 | | 5 years.
Any defendant found guilty of this offense while | 12 | | operating a motor vehicle,
shall have an entry made in the | 13 | | court record by the presiding judge that
this offense did | 14 | | occur while the defendant was operating a motor vehicle
and | 15 | | order the clerk of the court to report the violation to the | 16 | | Secretary
of State;
| 17 | | 29. Has been convicted of the following offenses that | 18 | | were committed
while the person was operating or in actual | 19 | | physical control, as a driver,
of a motor vehicle: criminal | 20 | | sexual assault,
predatory criminal sexual assault of a | 21 | | child,
aggravated criminal sexual
assault, criminal sexual | 22 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 23 | | soliciting for a juvenile prostitute, promoting juvenile | 24 | | prostitution as described in subdivision (a)(1), (a)(2), | 25 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961, | 26 | | and the manufacture, sale or
delivery of controlled |
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| 1 | | substances or instruments used for illegal drug use
or | 2 | | abuse in which case the driver's driving privileges shall | 3 | | be suspended
for one year;
| 4 | | 30. Has been convicted a second or subsequent time for | 5 | | any
combination of the offenses named in paragraph 29 of | 6 | | this subsection,
in which case the person's driving | 7 | | privileges shall be suspended for 5
years;
| 8 | | 31. Has refused to submit to a test as
required by | 9 | | Section 11-501.6 or has submitted to a test resulting in
an | 10 | | alcohol concentration of 0.08 or more or any amount of a | 11 | | drug, substance, or
compound resulting from the unlawful | 12 | | use or consumption of cannabis as listed
in the Cannabis | 13 | | Control Act, a controlled substance as listed in the | 14 | | Illinois
Controlled Substances Act, an intoxicating | 15 | | compound as listed in the Use of
Intoxicating Compounds | 16 | | Act, or methamphetamine as listed in the Methamphetamine | 17 | | Control and Community Protection Act, in which case the | 18 | | penalty shall be
as prescribed in Section 6-208.1;
| 19 | | 32. Has been convicted of Section 24-1.2 of the | 20 | | Criminal Code of
1961 relating to the aggravated discharge | 21 | | of a firearm if the offender was
located in a motor vehicle | 22 | | at the time the firearm was discharged, in which
case the | 23 | | suspension shall be for 3 years;
| 24 | | 33. Has as a driver, who was less than 21 years of age | 25 | | on the date of
the offense, been convicted a first time of | 26 | | a violation of paragraph (a) of
Section 11-502 of this Code |
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| 1 | | or a similar provision of a local ordinance;
| 2 | | 34. Has committed a violation of Section 11-1301.5 of | 3 | | this Code;
| 4 | | 35. Has committed a violation of Section 11-1301.6 of | 5 | | this Code;
| 6 | | 36. Is under the age of 21 years at the time of arrest | 7 | | and has been
convicted of not less than 2 offenses against | 8 | | traffic regulations governing
the movement of vehicles | 9 | | committed within any 24 month period. No revocation
or | 10 | | suspension shall be entered more than 6 months after the | 11 | | date of last
conviction;
| 12 | | 37. Has committed a violation of subsection (c) of | 13 | | Section 11-907 of this
Code that resulted in damage to the | 14 | | property of another or the death or injury of another;
| 15 | | 38. Has been convicted of a violation of Section 6-20 | 16 | | of the Liquor
Control Act of 1934 or a similar provision of | 17 | | a local ordinance;
| 18 | | 39. Has committed a second or subsequent violation of | 19 | | Section
11-1201 of this Code;
| 20 | | 40. Has committed a violation of subsection (a-1) of | 21 | | Section 11-908 of
this Code; | 22 | | 41. Has committed a second or subsequent violation of | 23 | | Section 11-605.1 of this Code, a similar provision of a | 24 | | local ordinance, or a similar violation in any other state | 25 | | within 2 years of the date of the previous violation, in | 26 | | which case the suspension shall be for 90 days; |
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| 1 | | 42. Has committed a violation of subsection (a-1) of | 2 | | Section 11-1301.3 of this Code;
| 3 | | 43. Has received a disposition of court supervision for | 4 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 5 | | of the Liquor
Control Act of 1934 or a similar provision of | 6 | | a local ordinance, in which case the suspension shall be | 7 | | for a period of 3 months;
| 8 | | 44.
Is under the age of 21 years at the time of arrest | 9 | | and has been convicted of an offense against traffic | 10 | | regulations governing the movement of vehicles after | 11 | | having previously had his or her driving privileges
| 12 | | suspended or revoked pursuant to subparagraph 36 of this | 13 | | Section; or | 14 | | 45.
Has, in connection with or during the course of a | 15 | | formal hearing conducted under Section 2-118 of this Code: | 16 | | (i) committed perjury; (ii) submitted fraudulent or | 17 | | falsified documents; (iii) submitted documents that have | 18 | | been materially altered; or (iv) submitted, as his or her | 19 | | own, documents that were in fact prepared or composed for | 20 | | another person.
| 21 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 22 | | and 27 of this
subsection, license means any driver's license, | 23 | | any traffic ticket issued when
the person's driver's license is | 24 | | deposited in lieu of bail, a suspension
notice issued by the | 25 | | Secretary of State, a duplicate or corrected driver's
license, | 26 | | a probationary driver's license or a temporary driver's |
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| 1 | | license.
| 2 | | (b) If any conviction forming the basis of a suspension or
| 3 | | revocation authorized under this Section is appealed, the
| 4 | | Secretary of State may rescind or withhold the entry of the | 5 | | order of suspension
or revocation, as the case may be, provided | 6 | | that a certified copy of a stay
order of a court is filed with | 7 | | the Secretary of State. If the conviction is
affirmed on | 8 | | appeal, the date of the conviction shall relate back to the | 9 | | time
the original judgment of conviction was entered and the 6 | 10 | | month limitation
prescribed shall not apply.
| 11 | | (c) 1. Upon suspending or revoking the driver's license or | 12 | | permit of
any person as authorized in this Section, the | 13 | | Secretary of State shall
immediately notify the person in | 14 | | writing of the revocation or suspension.
The notice to be | 15 | | deposited in the United States mail, postage prepaid,
to the | 16 | | last known address of the person.
| 17 | | 2. If the Secretary of State suspends the driver's | 18 | | license
of a person under subsection 2 of paragraph (a) of | 19 | | this Section, a
person's privilege to operate a vehicle as | 20 | | an occupation shall not be
suspended, provided an affidavit | 21 | | is properly completed, the appropriate fee
received, and a | 22 | | permit issued prior to the effective date of the
| 23 | | suspension, unless 5 offenses were committed, at least 2 of | 24 | | which occurred
while operating a commercial vehicle in | 25 | | connection with the driver's
regular occupation. All other | 26 | | driving privileges shall be suspended by the
Secretary of |
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| 1 | | State. Any driver prior to operating a vehicle for
| 2 | | occupational purposes only must submit the affidavit on | 3 | | forms to be
provided by the Secretary of State setting | 4 | | forth the facts of the person's
occupation. The affidavit | 5 | | shall also state the number of offenses
committed while | 6 | | operating a vehicle in connection with the driver's regular
| 7 | | occupation. The affidavit shall be accompanied by the | 8 | | driver's license.
Upon receipt of a properly completed | 9 | | affidavit, the Secretary of State
shall issue the driver a | 10 | | permit to operate a vehicle in connection with the
driver's | 11 | | regular occupation only. Unless the permit is issued by the
| 12 | | Secretary of State prior to the date of suspension, the | 13 | | privilege to drive
any motor vehicle shall be suspended as | 14 | | set forth in the notice that was
mailed under this Section. | 15 | | If an affidavit is received subsequent to the
effective | 16 | | date of this suspension, a permit may be issued for the | 17 | | remainder
of the suspension period.
| 18 | | The provisions of this subparagraph shall not apply to | 19 | | any driver
required to possess a CDL for the purpose of | 20 | | operating a commercial motor vehicle.
| 21 | | Any person who falsely states any fact in the affidavit | 22 | | required
herein shall be guilty of perjury under Section | 23 | | 6-302 and upon conviction
thereof shall have all driving | 24 | | privileges revoked without further rights.
| 25 | | 3. At the conclusion of a hearing under Section 2-118 | 26 | | of this Code,
the Secretary of State shall either rescind |
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| 1 | | or continue an order of
revocation or shall substitute an | 2 | | order of suspension; or, good
cause appearing therefor, | 3 | | rescind, continue, change, or extend the
order of | 4 | | suspension. If the Secretary of State does not rescind the | 5 | | order,
the Secretary may upon application,
to relieve undue | 6 | | hardship (as defined by the rules of the Secretary of | 7 | | State), issue
a restricted driving permit granting the | 8 | | privilege of driving a motor
vehicle between the | 9 | | petitioner's residence and petitioner's place of
| 10 | | employment or within the scope of the petitioner's | 11 | | employment related duties, or to
allow the petitioner to | 12 | | transport himself or herself, or a family member of the
| 13 | | petitioner's household to a medical facility, to receive | 14 | | necessary medical care, to allow the petitioner to | 15 | | transport himself or herself to and from alcohol or drug
| 16 | | remedial or rehabilitative activity recommended by a | 17 | | licensed service provider, or to allow the petitioner to | 18 | | transport himself or herself or a family member of the | 19 | | petitioner's household to classes, as a student, at an | 20 | | accredited educational institution, or to allow the | 21 | | petitioner to transport children, elderly persons, or | 22 | | disabled persons who do not hold driving privileges and are | 23 | | living in the petitioner's household to and from daycare. | 24 | | The
petitioner must demonstrate that no alternative means | 25 | | of
transportation is reasonably available and that the | 26 | | petitioner will not endanger
the public safety or welfare. |
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| 1 | | Those multiple offenders identified in subdivision (b)4 of | 2 | | Section 6-208 of this Code, however, shall not be eligible | 3 | | for the issuance of a restricted driving permit.
| 4 | |
(A) If a person's license or permit is revoked or | 5 | | suspended due to 2
or more convictions of violating | 6 | | Section 11-501 of this Code or a similar
provision of a | 7 | | local ordinance or a similar out-of-state offense, or | 8 | | Section 9-3 of the Criminal Code of 1961, where the use | 9 | | of alcohol or other drugs is recited as an element of | 10 | | the offense, or a similar out-of-state offense, or a | 11 | | combination of these offenses, arising out
of separate | 12 | | occurrences, that person, if issued a restricted | 13 | | driving permit,
may not operate a vehicle unless it has | 14 | | been equipped with an ignition
interlock device as | 15 | | defined in Section 1-129.1.
| 16 | | (B) If a person's license or permit is revoked or | 17 | | suspended 2 or more
times within a 10 year period due | 18 | | to any combination of: | 19 | | (i) a single conviction of violating Section
| 20 | | 11-501 of this Code or a similar provision of a | 21 | | local ordinance or a similar
out-of-state offense | 22 | | or Section 9-3 of the Criminal Code of 1961, where | 23 | | the use of alcohol or other drugs is recited as an | 24 | | element of the offense, or a similar out-of-state | 25 | | offense; or | 26 | | (ii) a statutory summary suspension or |
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| 1 | | revocation under Section
11-501.1; or | 2 | | (iii) a suspension under Section 6-203.1; | 3 | | arising out of
separate occurrences; that person, if | 4 | | issued a restricted driving permit, may
not operate a | 5 | | vehicle unless it has been
equipped with an ignition | 6 | | interlock device as defined in Section 1-129.1. | 7 | | (C)
The person issued a permit conditioned upon the | 8 | | use of an ignition interlock device must pay to the | 9 | | Secretary of State DUI Administration Fund an amount
| 10 | | not to exceed $30 per month. The Secretary shall | 11 | | establish by rule the amount
and the procedures, terms, | 12 | | and conditions relating to these fees. | 13 | | (D) If the
restricted driving permit is issued for | 14 | | employment purposes, then the prohibition against | 15 | | operating a motor vehicle that is not equipped with an | 16 | | ignition interlock device does not apply to the | 17 | | operation of an occupational vehicle owned or
leased by | 18 | | that person's employer when used solely for employment | 19 | | purposes. | 20 | | (E) In each case the Secretary may issue a
| 21 | | restricted driving permit for a period deemed | 22 | | appropriate, except that all
permits shall expire | 23 | | within one year from the date of issuance. The | 24 | | Secretary
may not, however, issue a restricted driving | 25 | | permit to any person whose current
revocation is the | 26 | | result of a second or subsequent conviction for a |
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| 1 | | violation
of Section 11-501 of this Code or a similar | 2 | | provision of a local ordinance
or any similar | 3 | | out-of-state offense, or Section 9-3 of the Criminal | 4 | | Code of 1961, where the use of alcohol or other drugs | 5 | | is recited as an element of the offense, or any similar | 6 | | out-of-state offense, or any combination
of those | 7 | | offenses, until the expiration of at least one year | 8 | | from the date of
the revocation. A
restricted driving | 9 | | permit issued under this Section shall be subject to
| 10 | | cancellation, revocation, and suspension by the | 11 | | Secretary of State in like
manner and for like cause as | 12 | | a driver's license issued under this Code may be
| 13 | | cancelled, revoked, or suspended; except that a | 14 | | conviction upon one or more
offenses against laws or | 15 | | ordinances regulating the movement of traffic
shall be | 16 | | deemed sufficient cause for the revocation, | 17 | | suspension, or
cancellation of a restricted driving | 18 | | permit. The Secretary of State shall may , as
a | 19 | | condition to the issuance of a restricted driving | 20 | | permit, require the
applicant to participate in a | 21 | | designated driver remedial or rehabilitative
program. | 22 | | The Secretary of State is authorized to cancel a | 23 | | restricted
driving permit if the permit holder does not | 24 | | successfully complete the program.
| 25 | | (c-3) In the case of a suspension under paragraph 43 of | 26 | | subsection (a), reports received by the Secretary of State |
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| 1 | | under this Section shall, except during the actual time the | 2 | | suspension is in effect, be privileged information and for use | 3 | | only by the courts, police officers, prosecuting authorities, | 4 | | the driver licensing administrator of any other state, the | 5 | | Secretary of State, or the parent or legal guardian of a driver | 6 | | under the age of 18. However, beginning January 1, 2008, if the | 7 | | person is a CDL holder, the suspension shall also be made | 8 | | available to the driver licensing administrator of any other | 9 | | state, the U.S. Department of Transportation, and the affected | 10 | | driver or motor
carrier or prospective motor carrier upon | 11 | | request.
| 12 | | (c-4) In the case of a suspension under paragraph 43 of | 13 | | subsection (a), the Secretary of State shall notify the person | 14 | | by mail that his or her driving privileges and driver's license | 15 | | will be suspended one month after the date of the mailing of | 16 | | the notice.
| 17 | | (c-5) The Secretary of State may, as a condition of the | 18 | | reissuance of a
driver's license or permit to an applicant | 19 | | whose driver's license or permit has
been suspended before he | 20 | | or she reached the age of 21 years pursuant to any of
the | 21 | | provisions of this Section, require the applicant to | 22 | | participate in a
driver remedial education course and be | 23 | | retested under Section 6-109 of this
Code.
| 24 | | (d) This Section is subject to the provisions of the | 25 | | Drivers License
Compact.
| 26 | | (e) The Secretary of State shall not issue a restricted |
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| 1 | | driving permit to
a person under the age of 16 years whose | 2 | | driving privileges have been suspended
or revoked under any | 3 | | provisions of this Code.
| 4 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 5 | | State may not issue a restricted driving permit for the | 6 | | operation of a commercial motor vehicle to a person holding a | 7 | | CDL whose driving privileges have been suspended, revoked, | 8 | | cancelled, or disqualified under any provisions of this Code. | 9 | | (g) An application for a license or permit made following a | 10 | | period of license revocation under this Section must be | 11 | | accompanied by proof of the applicant's participation in a | 12 | | designated driver
remedial or rehabilitative program, unless | 13 | | the revocation was the result of a conviction for a violation
| 14 | | of Section 11-501 of this Code or a similar provision of a | 15 | | local ordinance
or any similar out-of-state offense or Section | 16 | | 9-3 of the Criminal Code of 1961, where the use of alcohol or | 17 | | other drugs is recited as an element of the offense, or any | 18 | | similar out-of-state offense, or any combination of these | 19 | | offenses. | 20 | | (h) As a condition of reinstatement of a person's license | 21 | | or permit following a suspension under this Section, the person | 22 | | must provide proof of his or her participation in a designated | 23 | | driver
remedial or rehabilitative program. | 24 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 25 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 26 | | 7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, |
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| 1 | | eff. 8-12-11; revised 9-15-11.) |
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