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90_HB1738
625 ILCS 5/6-107 from Ch. 95 1/2, par. 6-107
625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
Amends the Illinois Vehicle Code to provide that a person
under 21 years of age who has been convicted for criminal
defacement of property shall not be issued a license or
permit or may have his or her driving privileges suspended
until he or she has reached the age of 21 years. Effective
immediately.
LRB9002945NTsb
LRB9002945NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 6-107 and 6-206.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 6-107 and 6-206 as follows:
7 (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
8 Sec. 6-107. Applications of minors. The application of
9 any person under the age of 18 years, and not legally
10 emancipated by marriage, for a drivers license or permit to
11 operate a motor vehicle issued under the laws of this State,
12 shall be accompanied by the written consent of either parent
13 of the applicant; otherwise by the guardian having custody of
14 the applicant, or in the event there is no parent or
15 guardian, then by another responsible adult.
16 No drivers license shall be issued to any applicant under
17 18 years of age who is 16 years of age or more unless the
18 applicant has passed an approved driver education course as
19 defined in Section 1-103 of this Act, and submits such proof
20 of having passed the course as may be required by the
21 Secretary of State.
22 No driver's license or permit shall be issued to any
23 applicant under 18 years of age who has committed an offense
24 that would otherwise result in a mandatory revocation of a
25 license or permit as provided in Section 6-205 of this Code
26 or who has been either convicted of or adjudicated a
27 delinquent based upon a violation of the Cannabis Control Act
28 or the Illinois Controlled Substances Act, while that
29 individual was in actual physical control of a motor vehicle.
30 For purposes of this Section, any person placed on probation
31 under Section 10 of the Cannabis Control Act or Section 410
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1 of the Illinois Controlled Substances Act shall not be
2 considered convicted. Any person found guilty of this
3 offense, while in actual physical control of a motor vehicle,
4 shall have an entry made in the court record by the judge
5 that this offense did occur while the person was in actual
6 physical control of a motor vehicle and order the clerk of
7 the court to report the violation to the Secretary of State
8 as such.
9 No driver's license or permit shall be issued to any
10 applicant under 21 years of age who has been convicted of
11 violating Section 21-1.3 of the Criminal Code of 1961,
12 relating to criminal defacement of property, until the
13 applicant has reached the age of 21 years.
14 (Source: P.A. 88-197.)
15 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
16 Sec. 6-206. Discretionary authority to suspend or revoke
17 license or permit; Right to a hearing.
18 (a) The Secretary of State is authorized to suspend or
19 revoke the driving privileges of any person without
20 preliminary hearing upon a showing of the person's records or
21 other sufficient evidence that the person:
22 1. Has committed an offense for which mandatory
23 revocation of a driver's license or permit is required
24 upon conviction;
25 2. Has been convicted of not less than 3 offenses
26 against traffic regulations governing the movement of
27 vehicles committed within any 12 month period. No
28 revocation or suspension shall be entered more than 6
29 months after the date of last conviction;
30 3. Has been repeatedly involved as a driver in
31 motor vehicle collisions or has been repeatedly convicted
32 of offenses against laws and ordinances regulating the
33 movement of traffic, to a degree that indicates lack of
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1 ability to exercise ordinary and reasonable care in the
2 safe operation of a motor vehicle or disrespect for the
3 traffic laws and the safety of other persons upon the
4 highway;
5 4. Has by the unlawful operation of a motor vehicle
6 caused or contributed to an accident resulting in death
7 or injury requiring immediate professional treatment in a
8 medical facility or doctor's office to any person, except
9 that any suspension or revocation imposed by the
10 Secretary of State under the provisions of this
11 subsection shall start no later than 6 months after being
12 convicted of violating a law or ordinance regulating the
13 movement of traffic, which violation is related to the
14 accident, or shall start not more than one year after the
15 date of the accident, whichever date occurs later;
16 5. Has permitted an unlawful or fraudulent use of a
17 driver's license, identification card, or permit;
18 6. Has been lawfully convicted of an offense or
19 offenses in another state, including the authorization
20 contained in Section 6-203.1, which if committed within
21 this State would be grounds for suspension or revocation;
22 7. Has refused or failed to submit to an
23 examination provided for by Section 6-207 or has failed
24 to pass the examination;
25 8. Is ineligible for a driver's license or permit
26 under the provisions of Section 6-103;
27 9. Has made a false statement or knowingly
28 concealed a material fact or has used false information
29 or identification in any application for a license,
30 identification card, or permit;
31 10. Has possessed, displayed, or attempted to
32 fraudulently use any license, identification card, or
33 permit not issued to the person;
34 11. Has operated a motor vehicle upon a highway of
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1 this State when the person's driving privilege or
2 privilege to obtain a driver's license or permit was
3 revoked or suspended unless the operation was authorized
4 by a judicial driving permit, probationary license to
5 drive, or a restricted driving permit issued under this
6 Code;
7 12. Has submitted to any portion of the application
8 process for another person or has obtained the services
9 of another person to submit to any portion of the
10 application process for the purpose of obtaining a
11 license, identification card, or permit for some other
12 person;
13 13. Has operated a motor vehicle upon a highway of
14 this State when the person's driver's license was invalid
15 under the provisions of Section 6-110. Provided that for
16 the first offense the Secretary of State may suspend the
17 driver's license for not more than 60 days, for the
18 second offense not more than 90 days, and for the third
19 offense not more than one year;
20 14. Has committed a violation of Section 6-301,
21 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
22 14B of the Illinois Identification Card Act;
23 15. Has been convicted of violating Section 21-2 of
24 the Criminal Code of 1961 relating to criminal trespass
25 to vehicles in which case, the suspension shall be for
26 one year;
27 16. Has been convicted of violating Section 11-204
28 of this Code relating to fleeing from a police officer;
29 17. Has refused to submit to a test, or tests, as
30 required under Section 11-501.1 of this Code and the
31 person has not sought a hearing as provided for in
32 Section 11-501.1;
33 18. Has, since issuance of a driver's license or
34 permit, been adjudged to be afflicted with or suffering
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1 from any mental disability or disease;
2 19. Has committed a violation of paragraph (a) or
3 (b) of Section 6-101 relating to driving without a
4 driver's license;
5 20. Has been convicted of violating Section 6-104
6 relating to classification of driver's license;
7 21. Has been convicted of violating Section 11-402
8 of this Code relating to leaving the scene of an accident
9 resulting in damage to a vehicle in excess of $1,000, in
10 which case the suspension shall be for one year;
11 22. Has used a motor vehicle in violating paragraph
12 (3), (4), (7), or (9) of subsection (a) of Section 24-1
13 of the Criminal Code of 1961 relating to unlawful use of
14 weapons, in which case the suspension shall be for one
15 year;
16 23. Has, as a driver, been convicted of committing
17 a violation of paragraph (a) of Section 11-502 of this
18 Code for a second or subsequent time within one year of a
19 similar violation;
20 24. Has been convicted by a court-martial or
21 punished by non-judicial punishment by military
22 authorities of the United States at a military
23 installation in Illinois of or for a traffic related
24 offense that is the same as or similar to an offense
25 specified under Section 6-205 or 6-206 of this Code;
26 25. Has permitted any form of identification to be
27 used by another in the application process in order to
28 obtain or attempt to obtain a license, identification
29 card, or permit;
30 26. Has altered or attempted to alter a license or
31 has possessed an altered license, identification card, or
32 permit;
33 27. Has violated Section 6-16 of the Liquor Control
34 Act of 1934;
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1 28. Has been convicted of the illegal possession,
2 while operating or in actual physical control, as a
3 driver, of a motor vehicle, of any controlled substance
4 prohibited under the Illinois Controlled Substances Act
5 or any cannabis prohibited under the provisions of the
6 Cannabis Control Act, in which case the person's driving
7 privileges shall be suspended for one year, and any
8 driver who is convicted of a second or subsequent
9 offense, within 5 years of a previous conviction, for the
10 illegal possession, while operating or in actual physical
11 control, as a driver, of a motor vehicle, of any
12 controlled substance prohibited under the provisions of
13 the Illinois Controlled Substances Act or any cannabis
14 prohibited under the Cannabis Control Act shall be
15 suspended for 5 years. Any defendant found guilty of this
16 offense while operating a motor vehicle, shall have an
17 entry made in the court record by the presiding judge
18 that this offense did occur while the defendant was
19 operating a motor vehicle and order the clerk of the
20 court to report the violation to the Secretary of State;
21 29. Has been convicted of the following offenses
22 that were committed while the person was operating or in
23 actual physical control, as a driver, of a motor vehicle:
24 criminal sexual assault, predatory criminal sexual
25 assault of a child, aggravated criminal sexual assault,
26 criminal sexual abuse, aggravated criminal sexual abuse,
27 juvenile pimping, soliciting for a juvenile prostitute
28 and the manufacture, sale or delivery of controlled
29 substances or instruments used for illegal drug use or
30 abuse in which case the driver's driving privileges shall
31 be suspended for one year;
32 30. Has been convicted a second or subsequent time
33 for any combination of the offenses named in paragraph 29
34 of this subsection, in which case the person's driving
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1 privileges shall be suspended for 5 years;
2 31. Beginning on January 1, 1991, has refused to
3 submit to a test as required by Section 11-501.6 or has
4 submitted to a test resulting in an alcohol concentration
5 of 0.10 or more or any amount of a drug, substance, or
6 compound resulting from the unlawful use or consumption
7 of cannabis as listed in the Cannabis Control Act or a
8 controlled substance as listed in the Illinois Controlled
9 Substances Act in which case the penalty shall be as
10 prescribed in Section 6-208.1;
11 32. Has been convicted of Section 24-1.2 of the
12 Criminal Code of 1961 relating to the aggravated
13 discharge of a firearm if the offender was located in a
14 motor vehicle at the time the firearm was discharged, in
15 which case the suspension shall be for 3 years; or
16 33. Has as a driver, who was less than 21 years of
17 age on the date of the offense, been convicted a first
18 time of a violation of paragraph (a) of Section 11-502 of
19 this Code or a similar provision of a local ordinance;
20 or.
21 34. Has been convicted of violating Section 21-1.3
22 of the Criminal Code of 1961, relating to criminal
23 defacement of property, and is under 21 years of age, in
24 which case the person's driving privileges shall be
25 suspended until the person has reached the age of 21
26 years.
27 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
28 and 27 of this subsection, license means any driver's
29 license, any traffic ticket issued when the person's driver's
30 license is deposited in lieu of bail, a suspension notice
31 issued by the Secretary of State, a duplicate or corrected
32 driver's license, a probationary driver's license or a
33 temporary driver's license.
34 (b) If any conviction forming the basis of a suspension
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1 or 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,
4 provided that a certified copy of a stay order of a court is
5 filed with the Secretary of State. If the conviction is
6 affirmed on appeal, the date of the conviction shall relate
7 back to the time the original judgment of conviction was
8 entered and the 6 month limitation prescribed shall not
9 apply.
10 (c) 1. Upon suspending or revoking the driver's license
11 or permit of any person as authorized in this Section,
12 the Secretary of State shall immediately notify the
13 person in writing of the revocation or suspension. The
14 notice to be deposited in the United States mail, postage
15 prepaid, to the last known address of the person.
16 2. If the Secretary of State suspends the driver's
17 license of a person under subsection 2 of paragraph (a)
18 of this Section, a person's privilege to operate a
19 vehicle as an occupation shall not be suspended, provided
20 an affidavit is properly completed, the appropriate fee
21 received, and a permit issued prior to the effective date
22 of the suspension, unless 5 offenses were committed, at
23 least 2 of which occurred while operating a commercial
24 vehicle in connection with the driver's regular
25 occupation. All other driving privileges shall be
26 suspended by the Secretary of State. Any driver prior to
27 operating a vehicle for occupational purposes only must
28 submit the affidavit on forms to be provided by the
29 Secretary of State setting forth the facts of the
30 person's occupation. The affidavit shall also state the
31 number of offenses committed while operating a vehicle in
32 connection with the driver's regular occupation. The
33 affidavit shall be accompanied by the driver's license.
34 Upon receipt of a properly completed affidavit, the
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1 Secretary of State shall issue the driver a permit to
2 operate a vehicle in connection with the driver's regular
3 occupation only. Unless the permit is issued by the
4 Secretary of State prior to the date of suspension, the
5 privilege to drive any motor vehicle shall be suspended
6 as set forth in the notice that was mailed under this
7 Section. If an affidavit is received subsequent to the
8 effective date of this suspension, a permit may be issued
9 for the remainder of the suspension period.
10 The provisions of this subparagraph shall not apply
11 to any driver required to obtain a commercial driver's
12 license under Section 6-507 during the period of a
13 disqualification of commercial driving privileges under
14 Section 6-514.
15 Any person who falsely states any fact in the
16 affidavit required herein shall be guilty of perjury
17 under Section 6-302 and upon conviction thereof shall
18 have all driving privileges revoked without further
19 rights.
20 3. At the conclusion of a hearing under Section
21 2-118 of this Code, the Secretary of State shall either
22 rescind or continue an order of revocation or shall
23 substitute an order of suspension; or, good cause
24 appearing therefor, rescind, continue, change, or extend
25 the order of suspension. If the Secretary of State does
26 not rescind the order, the Secretary may upon
27 application, to relieve undue hardship, issue a
28 restricted driving permit granting the privilege of
29 driving a motor vehicle between the petitioner's
30 residence and petitioner's place of employment or within
31 the scope of his employment related duties, or to allow
32 transportation for the petitioner, or a household member
33 of the petitioner's family, to receive necessary medical
34 care and if the professional evaluation indicates,
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1 provide transportation for alcohol remedial or
2 rehabilitative activity, or for the petitioner to attend
3 classes, as a student, in an accredited educational
4 institution; if the petitioner is able to demonstrate
5 that no alternative means of transportation is reasonably
6 available and the petitioner will not endanger the public
7 safety or welfare. In each case the Secretary may issue a
8 restricted driving permit for a period deemed
9 appropriate, except that all permits shall expire within
10 one year from the date of issuance. A restricted driving
11 permit issued under this Section shall be subject to
12 cancellation, revocation, and suspension by the Secretary
13 of State in like manner and for like cause as a driver's
14 license issued under this Code may be cancelled, revoked,
15 or suspended; except that a conviction upon one or more
16 offenses against laws or ordinances regulating the
17 movement of traffic shall be deemed sufficient cause for
18 the revocation, suspension, or cancellation of a
19 restricted driving permit. The Secretary of State may, as
20 a condition to the issuance of a restricted driving
21 permit, require the applicant to participate in a
22 designated driver remedial or rehabilitative program. The
23 Secretary of State is authorized to cancel a restricted
24 driving permit if the permit holder does not successfully
25 complete the program.
26 (d) This Section is subject to the provisions of the
27 Drivers License Compact.
28 (Source: P.A. 88-45; 88-209; 88-211; 88-670, eff. 12-2-94;
29 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462, eff.
30 5-29-96.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.