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90_HB0745ham001
LRB9003171NTsbam
1 AMENDMENT TO HOUSE BILL 745
2 AMENDMENT NO. . Amend House Bill 745 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Sections 6-208 and 11-401."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Sections 6-208 and 11-401 as follows:
10 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
11 Sec. 6-208. Period of Suspension - Application After
12 Revocation.
13 (a) Except as otherwise provided by this Code or any
14 other law of this State, the Secretary of State shall not
15 suspend a driver's license, permit or privilege to drive a
16 motor vehicle on the highways for a period of more than one
17 year.
18 (b) Any person whose license, permit or privilege to
19 drive a motor vehicle on the highways has been revoked shall
20 not be entitled to have such license, permit or privilege
21 renewed or restored. However, such person may, except as
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1 provided under subsection (d) of Section 6-205, make
2 application for a license pursuant to Section 6-106 if the
3 revocation was for a cause which has been removed or:
4 1. Except as provided in subparagraphs 2 and 3, after
5 the expiration of one year from the effective date of the
6 revocation or, in the case of a violation of paragraph (b) of
7 Section 11-401 of this Code or a similar provision of a local
8 ordinance, after the expiration of 3 years from the effective
9 date of the revocation or, in the case of a violation of
10 Section 9-3 of the Criminal Code of 1961 relating to the
11 offense of reckless homicide, after the expiration of 2 years
12 from the effective date of the revocation; or
13 2. If such person is convicted of committing a second
14 violation within a 20 year period of:
15 - Section 11-501 of this Code, or a similar
16 provision of a local ordinance; or
17 - Paragraph (b) of Section 11-401 of this Code, or a
18 similar provision of a local ordinance; or
19 - Section 9-3 of the Criminal Code of 1961, as
20 amended, relating to the offense of reckless homicide; or
21 - any combination of the above offenses committed at
22 different instances;
23 then such person may not make application for a license until
24 after the expiration of 5 3 years from the effective date of
25 the most recent revocation. The 20 year period shall be
26 computed by using the dates the offenses were committed and
27 shall also include similar out-of-state offenses.
28 3. However, if such person is convicted of committing a
29 third, or subsequent, violation or any combination of the
30 above offenses, including similar out-of-state offenses,
31 contained in subparagraph 2, then such person may not make
32 application for a license until after the expiration of 10 6
33 years from the effective date of the most recent revocation.
34 Notwithstanding any other provision of this Code, all
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1 persons referred to in this paragraph (b) may not have their
2 privileges restored until the Secretary receives payment of
3 the required reinstatement fee pursuant to subsection (b) of
4 Section 6-118.
5 In no event shall the Secretary issue such license unless
6 and until such person has had a hearing pursuant to this Code
7 and the appropriate administrative rules and the Secretary is
8 satisfied, after a review or investigation of such person,
9 that to grant the privilege of driving a motor vehicle on the
10 highways will not endanger the public safety or welfare.
11 (Source: P.A. 89-156, eff. 1-1-96.)
12 (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
13 Sec. 11-401. Motor vehicle accidents involving death or
14 personal injuries.
15 (a) The driver of any vehicle involved in a motor vehicle
16 accident resulting in personal injury to or death of any
17 person shall immediately stop such vehicle at the scene of
18 such accident, or as close thereto as possible and shall then
19 forthwith return to, and in every event shall remain at the
20 scene of the accident until the requirements of Section
21 11-403 have been fulfilled. Every such stop shall be made
22 without obstructing traffic more than is necessary.
23 (b) Any person who has failed to stop or to comply with
24 the said requirements of paragraph (a) shall, as soon as
25 possible but in no case later than one hour within 3 hours
26 after such motor vehicle accident, or, if hospitalized and
27 incapacitated from reporting at any time during such period,
28 as soon as possible but in no case later than one hour within
29 48 hours after being discharged from the hospital, report the
30 place of the accident, the date, the approximate time, the
31 driver's name and address, the registration number of the
32 vehicle driven, and the names of all other occupants of such
33 vehicle, at a police station or sheriff's office near the
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1 place where such accident occurred. No report made as
2 required under this paragraph shall be used, directly or
3 indirectly, as a basis for the prosecution of any violation
4 of paragraph (a).
5 For purposes of this Section, personal injury shall mean
6 any injury requiring immediate professional treatment in a
7 medical facility or doctor's office.
8 (c) Any person failing to comply with paragraph (a) of
9 shall be guilty of a Class A misdemeanor.
10 (d) Any person failing to comply with paragraph (b) is
11 shall be guilty of a Class 4 felony if the motor vehicle
12 accident does not result in the death of any person. Any
13 person failing to comply with paragraph (b) when the accident
14 results in the death of any person is guilty of a Class 2
15 felony and shall be sentenced to a term of imprisonment of at
16 least 3 years and not more than 14 years.
17 (e) The Secretary of State shall revoke the driving
18 privilege of any person convicted of a violation of this
19 Section.
20 (Source: P.A. 84-272.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.".