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90_HB2509eng
625 ILCS 5/6-205 from Ch. 95 1/2, par. 6-205
625 ILCS 5/11-503.5 new
Amends the Illinois Vehicle Code. Provides that a person
who intentionally drives his or her vehicle in such a manner
as to endanger the bodily safety or property of another
driver, bicyclist, or pedestrian commits road rage. Penalty
is a Class A misdemeanor. If the violation results in great
bodily harm or permanent disfigurement to another, the
offense is aggravated road rage and the penalty is a Class 4
felony. Provides that the Secretary of State shall revoke
the driver's license of a person convicted of road rage or
aggravated road rage. Effective July 1, 1998.
LRB9008408RCpcA
HB2509 Engrossed LRB9008408RCpcA
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 6-204, 6-205, and 6-206 and adding Sections 11-503.5
3 and 11-503.6.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Vehicle Code is amended by
7 changing Sections 6-204, 6-205, and 6-206 and adding Sections
8 11-503.5 and 11-503.6 as follows:
9 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
10 Sec. 6-204. When Court to forward License and Reports.
11 (a) For the purpose of providing to the Secretary of
12 State the records essential to the performance of the
13 Secretary's duties under this Code to cancel, revoke or
14 suspend the driver's license and privilege to drive motor
15 vehicles of persons found guilty of the criminal offenses or
16 traffic violations which this Code recognizes as evidence
17 relating to unfitness to safely operate motor vehicles, the
18 following duties are imposed upon public officials:
19 1. Whenever any person is convicted of any offense
20 for which this Code makes mandatory the cancellation or
21 revocation of the driver's license or permit of such
22 person by the Secretary of State, the judge of the court
23 in which such conviction is had shall require the
24 surrender to the clerk of the court of all driver's
25 licenses or permits then held by the person so convicted,
26 and the clerk of the court shall, within 10 days
27 thereafter, forward the same, together with a report of
28 such conviction, to the Secretary.
29 2. Whenever any person is convicted of any offense
30 under this Code or similar offenses under a municipal
31 ordinance, other than regulations governing standing,
HB2509 Engrossed -2- LRB9008408RCpcA
1 parking or weights of vehicles, and excepting the
2 following enumerated Sections of this Code: Sections
3 11-1406 (obstruction to driver's view or control),
4 11-1407 (improper opening of door into traffic), 11-1410
5 (coasting on downgrade), 11-1411 (following fire
6 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
7 (driving vehicle which is in unsafe condition or
8 improperly equipped), 12-201(a) (daytime lights on
9 motorcycles), 12-202 (clearance, identification and side
10 marker lamps), 12-204 (lamp or flag on projecting load),
11 12-205 (failure to display the safety lights required),
12 12-401 (restrictions as to tire equipment), 12-502
13 (mirrors), 12-503 (windshields must be unobstructed and
14 equipped with wipers), 12-601 (horns and warning
15 devices), 12-602 (mufflers, prevention of noise or
16 smoke), 12-603 (seat safety belts), 12-702 (certain
17 vehicles to carry flares or other warning devices),
18 12-703 (vehicles for oiling roads operated on highways),
19 12-710 (splash guards and replacements), 13-101 (safety
20 tests), 15-101 (size, weight and load), 15-102 (width),
21 15-103 (height), 15-104 (name and address on second
22 division vehicles), 15-107 (length of vehicle), 15-109.1
23 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
24 15-301 (weights), 15-316 (weights), 15-318 (weights), and
25 also excepting the following enumerated Sections of the
26 Chicago Municipal Code: Sections 27-245 (following fire
27 apparatus), 27-254 (obstruction of traffic), 27-258
28 (driving vehicle which is in unsafe condition), 27-259
29 (coasting on downgrade), 27-264 (use of horns and signal
30 devices), 27-265 (obstruction to driver's view or driver
31 mechanism), 27-267 (dimming of headlights), 27-268
32 (unattended motor vehicle), 27-272 (illegal funeral
33 procession), 27-273 (funeral procession on boulevard),
34 27-275 (driving freighthauling vehicles on boulevard),
HB2509 Engrossed -3- LRB9008408RCpcA
1 27-276 (stopping and standing of buses or taxicabs),
2 27-277 (cruising of public passenger vehicles), 27-305
3 (parallel parking), 27-306 (diagonal parking), 27-307
4 (parking not to obstruct traffic), 27-308 (stopping,
5 standing or parking regulated), 27-311 (parking
6 regulations), 27-312 (parking regulations), 27-313
7 (parking regulations), 27-314 (parking regulations),
8 27-315 (parking regulations), 27-316 (parking
9 regulations), 27-317 (parking regulations), 27-318
10 (parking regulations), 27-319 (parking regulations),
11 27-320 (parking regulations), 27-321 (parking
12 regulations), 27-322 (parking regulations), 27-324
13 (loading and unloading at an angle), 27-333 (wheel and
14 axle loads), 27-334 (load restrictions in the downtown
15 district), 27-335 (load restrictions in residential
16 areas), 27-338 (width of vehicles), 27-339 (height of
17 vehicles), 27-340 (length of vehicles), 27-352
18 (reflectors on trailers), 27-353 (mufflers), 27-354
19 (display of plates), 27-355 (display of city vehicle tax
20 sticker), 27-357 (identification of vehicles), 27-358
21 (projecting of loads), and also excepting the following
22 enumerated paragraphs of Section 2-201 of the Rules and
23 Regulations of the Illinois State Toll Highway Authority:
24 (l) (driving unsafe vehicle on tollway), (m) (vehicles
25 transporting dangerous cargo not properly indicated), it
26 shall be the duty of the clerk of the court in which such
27 conviction is had within 10 days thereafter to forward to
28 the Secretary of State a report of the conviction and the
29 court may recommend the suspension of the driver's
30 license or permit of the person so convicted.
31 The reporting requirements of this subsection shall apply
32 to all violations stated in paragraphs 1 and 2 of this
33 subsection when the individual has been adjudicated under the
34 Juvenile Court Act or the Juvenile Court Act of 1987. Such
HB2509 Engrossed -4- LRB9008408RCpcA
1 reporting requirements shall also apply to individuals
2 adjudicated under the Juvenile Court Act or the Juvenile
3 Court Act of 1987 who have committed a violation of Section
4 11-501 of this Code, or similar provision of a local
5 ordinance, or Section 9-3 of the Criminal Code of 1961, as
6 amended, relating to the offense of reckless homicide. All
7 juvenile court dispositions reported to the Secretary of
8 State under this provision shall be processed by the
9 Secretary of State as if the cases had been adjudicated in
10 traffic or criminal court. However, information reported
11 relative to the offense of reckless homicide, or Section
12 11-501 of this Code, or a similar provision of a local
13 ordinance, shall be privileged and available only to the
14 Secretary of State, courts, and police officers.
15 3. Whenever an order is entered vacating the
16 forfeiture of any bail, security or bond given to secure
17 appearance for any offense under this Code or similar
18 offenses under municipal ordinance, it shall be the duty
19 of the clerk of the court in which such vacation was had
20 or the judge of such court if such court has no clerk,
21 within 10 days thereafter to forward to the Secretary of
22 State a report of the vacation.
23 4. A report of any disposition of court supervision
24 for a violation of Sections 6-303, 11-401, 11-501 or a
25 similar provision of a local ordinance, 11-503, 11-503.5,
26 11-503.6, and 11-504 shall be forwarded to the Secretary
27 of State. A report of any disposition of court
28 supervision for a violation of an offense defined as a
29 serious traffic violation in this Code or a similar
30 provision of a local ordinance committed by a person
31 under the age of 21 years shall be forwarded to the
32 Secretary of State.
33 5. Reports of conviction in a computer processible
34 medium shall be forwarded to the Secretary of State via
HB2509 Engrossed -5- LRB9008408RCpcA
1 the Supreme Court in the form and format required by the
2 Illinois Supreme Court and established by a written
3 agreement between the Supreme Court and the Secretary of
4 State. In counties with a population over 300,000,
5 instead of forwarding reports to the Supreme Court,
6 reports of conviction in a computer processible medium
7 may be forwarded to the Secretary of State by the Circuit
8 Court Clerk in a form and format required by the
9 Secretary of State and established by written agreement
10 between the Circuit Court Clerk and the Secretary of
11 State. Failure to forward the reports of conviction as
12 required by this Section shall be deemed an omission of
13 duty and it shall be the duty of the several State's
14 Attorneys to enforce the requirements of this Section.
15 (b) Whenever a restricted driving permit is forwarded to
16 a court, as a result of confiscation by a police officer
17 pursuant to the authority in Section 6-113(f), it shall be
18 the duty of the clerk, or judge, if the court has no clerk,
19 to forward such restricted driving permit and a facsimile of
20 the officer's citation to the Secretary of State as
21 expeditiously as practicable.
22 (c) For the purposes of this Code, a forfeiture of bail
23 or collateral deposited to secure a defendant's appearance in
24 court when forfeiture has not been vacated, or the failure of
25 a defendant to appear for trial after depositing his driver's
26 license in lieu of other bail, shall be equivalent to a
27 conviction.
28 (d) For the purpose of providing the Secretary of State
29 with records necessary to properly monitor and assess driver
30 performance and assist the courts in the proper disposition
31 of repeat traffic law offenders, the clerk of the court shall
32 forward to the Secretary of State, on a form prescribed by
33 the Secretary, records of driver's participation in a driver
34 remedial or rehabilitative program which was required,
HB2509 Engrossed -6- LRB9008408RCpcA
1 through a court order or court supervision, in relation to
2 the driver's arrest for a violation of Section 11-501 of this
3 Code or a similar provision of a local ordinance. Such
4 reports shall be sent within 10 days after the driver's
5 referral to such driver remedial or rehabilitative program.
6 Such reports, including those required to be forwarded under
7 subsection 4 of paragraph (a), shall be recorded to the
8 driver's file, but shall not be released to any outside
9 source, except the affected driver, and shall be used only to
10 assist in assessing driver performance and for the purpose of
11 informing the courts that such driver has been previously
12 assigned court supervision or referred to a driver's remedial
13 or rehabilitative program.
14 (Source: P.A. 90-369, eff. 1-1-98.)
15 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
16 Sec. 6-205. Mandatory revocation of license or permit;
17 Hardship cases.
18 (a) Except as provided in this Section, the Secretary of
19 State shall immediately revoke the license or permit of any
20 driver upon receiving a report of the driver's conviction of
21 any of the following offenses:
22 1. Reckless homicide resulting from the operation
23 of a motor vehicle;
24 2. Violation of Section 11-501 of this Code or a
25 similar provision of a local ordinance relating to the
26 offense of operating or being in physical control of a
27 vehicle while under the influence of alcohol, other drug,
28 or combination of both;
29 3. Any felony under the laws of any State or the
30 federal government in the commission of which a motor
31 vehicle was used;
32 4. Violation of Section 11-401 of this Code
33 relating to the offense of leaving the scene of a traffic
HB2509 Engrossed -7- LRB9008408RCpcA
1 accident involving death or personal injury;
2 5. Perjury or the making of a false affidavit or
3 statement under oath to the Secretary of State under this
4 Code or under any other law relating to the ownership or
5 operation of motor vehicles;
6 6. Conviction upon 3 charges of violation of
7 Section 11-503 of this Code relating to the offense of
8 reckless driving committed within a period of 12 months;
9 7. Conviction of the offense of automobile theft as
10 defined in Section 4-102 of this Code;
11 8. Violation of Section 11-504 of this Code
12 relating to the offense of drag racing;
13 9. Violation of Chapters 8 and 9 of this Code;
14 10. Violation of Section 12-5 of the Criminal Code
15 of 1961 arising from the use of a motor vehicle;
16 11. Violation of Section 11-204.1 of this Code
17 relating to aggravated fleeing or attempting to elude a
18 police officer;
19 12. Violation of paragraph (1) of subsection (b) of
20 Section 6-507, or a similar law of any other state,
21 relating to the unlawful operation of a commercial motor
22 vehicle;
23 13. Violation of paragraph (a) of Section 11-502 of
24 this Code or a similar provision of a local ordinance if
25 the driver has been previously convicted of a violation
26 of that Section or a similar provision of a local
27 ordinance and the driver was less than 21 years of age at
28 the time of the offense;.
29 14. Conviction upon 2 charges of violation of
30 Section 11-503.5 of this Code relating to the offense of
31 road rage committed within a period of 12 months.
32 (b) The Secretary of State shall also immediately revoke
33 the license or permit of any driver in the following
34 situations:
HB2509 Engrossed -8- LRB9008408RCpcA
1 1. Of any minor upon receiving the notice provided
2 for in Section 1-8 of the Juvenile Court Act of 1987 that
3 the minor has been adjudicated under that Act as having
4 committed an offense relating to motor vehicles
5 prescribed in Section 4-103 of this Code;
6 2. Of any person when any other law of this State
7 requires either the revocation or suspension of a license
8 or permit.
9 (c) Whenever a person is convicted of any of the
10 offenses enumerated in this Section, the court may recommend
11 and the Secretary of State in his discretion, without regard
12 to whether the recommendation is made by the court, may, upon
13 application, issue to the person a restricted driving permit
14 granting the privilege of driving a motor vehicle between the
15 petitioner's residence and petitioner's place of employment
16 or within the scope of the petitioner's employment related
17 duties, or to allow transportation for the petitioner or a
18 household member of the petitioner's family for the receipt
19 of necessary medical care or, if the professional evaluation
20 indicates, provide transportation for the petitioner for
21 alcohol remedial or rehabilitative activity, or for the
22 petitioner to attend classes, as a student, in an accredited
23 educational institution; if the petitioner is able to
24 demonstrate that no alternative means of transportation is
25 reasonably available and the petitioner will not endanger the
26 public safety or welfare; provided that the Secretary's
27 discretion shall be limited to cases where undue hardship
28 would result from a failure to issue the restricted driving
29 permit. In each case the Secretary of State may issue a
30 restricted driving permit for a period he deems appropriate,
31 except that the permit shall expire within one year from the
32 date of issuance. A restricted driving permit issued under
33 this Section shall be subject to cancellation, revocation,
34 and suspension by the Secretary of State in like manner and
HB2509 Engrossed -9- LRB9008408RCpcA
1 for like cause as a driver's license issued under this Code
2 may be cancelled, revoked, or suspended; except that a
3 conviction upon one or more offenses against laws or
4 ordinances regulating the movement of traffic shall be deemed
5 sufficient cause for the revocation, suspension, or
6 cancellation of a restricted driving permit. The Secretary of
7 State may, as a condition to the issuance of a restricted
8 driving permit, require the applicant to participate in a
9 designated driver remedial or rehabilitative program. The
10 Secretary of State is authorized to cancel a restricted
11 driving permit if the permit holder does not successfully
12 complete the program. However, if an individual's driving
13 privileges have been revoked in accordance with paragraph 13
14 of subsection (a) of this Section, no restricted driving
15 permit shall be issued until the individual has served 6
16 months of the revocation period.
17 (d) Whenever a person under the age of 21 is convicted
18 under Section 11-501 of this Code or a similar provision of a
19 local ordinance, the Secretary of State shall revoke the
20 driving privileges of that person. One year after the date
21 of revocation, and upon application, the Secretary of State
22 may, if satisfied that the person applying will not endanger
23 the public safety or welfare, issue a restricted driving
24 permit granting the privilege of driving a motor vehicle only
25 between the hours of 5 a.m. and 9 p.m. or as otherwise
26 provided by this Section for a period of one year. After
27 this one year period, and upon reapplication for a license as
28 provided in Section 6-106, upon payment of the appropriate
29 reinstatement fee provided under paragraph (b) of Section
30 6-118, the Secretary of State, in his discretion, may issue
31 the applicant a license, or extend the restricted driving
32 permit as many times as the Secretary of State deems
33 appropriate, by additional periods of not more than 12 months
34 each, until the applicant attains 21 years of age. A
HB2509 Engrossed -10- LRB9008408RCpcA
1 restricted driving permit issued under this Section shall be
2 subject to cancellation, revocation, and suspension by the
3 Secretary of State in like manner and for like cause as a
4 driver's license issued under this Code may be cancelled,
5 revoked, or suspended; except that a conviction upon one or
6 more offenses against laws or ordinances regulating the
7 movement of traffic shall be deemed sufficient cause for the
8 revocation, suspension, or cancellation of a restricted
9 driving permit. Any person under 21 years of age who has a
10 driver's license revoked for a second or subsequent
11 conviction for driving under the influence, prior to the age
12 of 21, shall not be eligible to submit an application for a
13 full reinstatement of driving privileges or a restricted
14 driving permit until age 21 or one additional year from the
15 date of the latest such revocation, whichever is the longer.
16 The revocation periods contained in this subparagraph shall
17 apply to similar out-of-state convictions.
18 (e) This Section is subject to the provisions of the
19 Driver 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
23 like 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
27 this Code.
28 (Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
29 89-626, eff. 8-9-96; 90-369, eff. 1-1-98.)
30 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
31 Sec. 6-206. Discretionary authority to suspend or revoke
32 license or permit; Right to a hearing.
33 (a) The Secretary of State is authorized to suspend or
HB2509 Engrossed -11- LRB9008408RCpcA
1 revoke the driving privileges of any person without
2 preliminary hearing upon a showing of the person's records or
3 other 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
6 upon 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
13 motor vehicle collisions or has been repeatedly convicted
14 of 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
22 or 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
25 Secretary of State under the provisions of this
26 subsection shall start no later than 6 months after being
27 convicted of violating a law or ordinance regulating the
28 movement of traffic, which violation is related to the
29 accident, or shall start not more than one year after the
30 date of the accident, whichever date occurs later;
31 5. Has permitted an unlawful or fraudulent use of a
32 driver's license, identification card, or permit;
33 6. Has been lawfully convicted of an offense or
34 offenses in another state, including the authorization
HB2509 Engrossed -12- LRB9008408RCpcA
1 contained in Section 6-203.1, which if committed within
2 this State would be grounds for suspension or revocation;
3 7. Has refused or failed to submit to an
4 examination provided for by Section 6-207 or has failed
5 to pass the examination;
6 8. Is ineligible for a driver's license or permit
7 under the provisions of Section 6-103;
8 9. Has made a false statement or knowingly
9 concealed a material fact or has used false information
10 or identification in any application for a license,
11 identification card, or permit;
12 10. Has possessed, displayed, or attempted to
13 fraudulently use any license, identification card, or
14 permit not issued to the person;
15 11. Has operated a motor vehicle upon a highway of
16 this State when the person's driving privilege or
17 privilege to obtain a driver's license or permit was
18 revoked or suspended unless the operation was authorized
19 by a judicial driving permit, probationary license to
20 drive, or a restricted driving permit issued under this
21 Code;
22 12. Has submitted to any portion of the application
23 process for another person or has obtained the services
24 of another person to submit to any portion of the
25 application process for the purpose of obtaining a
26 license, identification card, or permit for some other
27 person;
28 13. Has operated a motor vehicle upon a highway of
29 this State when the person's driver's license or permit
30 was invalid under the provisions of Sections 6-107.1 and
31 6-110;
32 14. Has committed a violation of Section 6-301,
33 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
34 14B of the Illinois Identification Card Act;
HB2509 Engrossed -13- LRB9008408RCpcA
1 15. Has been convicted of violating Section 21-2 of
2 the Criminal Code of 1961 relating to criminal trespass
3 to vehicles in which case, the suspension shall be for
4 one year;
5 16. Has been convicted of violating Section 11-204
6 of this Code relating to fleeing from a police officer;
7 17. Has refused to submit to a test, or tests, as
8 required under Section 11-501.1 of this Code and the
9 person has not sought a hearing as provided for in
10 Section 11-501.1;
11 18. Has, since issuance of a driver's license or
12 permit, been adjudged to be afflicted with or suffering
13 from any mental disability or disease;
14 19. Has committed a violation of paragraph (a) or
15 (b) of Section 6-101 relating to driving without a
16 driver's license;
17 20. Has been convicted of violating Section 6-104
18 relating to classification of driver's license;
19 21. Has been convicted of violating Section 11-402
20 of this Code relating to leaving the scene of an accident
21 resulting in damage to a vehicle in excess of $1,000, in
22 which case the suspension shall be for one year;
23 22. Has used a motor vehicle in violating paragraph
24 (3), (4), (7), or (9) of subsection (a) of Section 24-1
25 of the Criminal Code of 1961 relating to unlawful use of
26 weapons, in which case the suspension shall be for one
27 year;
28 23. Has, as a driver, been convicted of committing
29 a violation of paragraph (a) of Section 11-502 of this
30 Code for a second or subsequent time within one year of a
31 similar violation;
32 24. Has been convicted by a court-martial or
33 punished by non-judicial punishment by military
34 authorities of the United States at a military
HB2509 Engrossed -14- LRB9008408RCpcA
1 installation in Illinois of or for a traffic related
2 offense that is the same as or similar to an offense
3 specified under Section 6-205 or 6-206 of this Code;
4 25. Has permitted any form of identification to be
5 used by another in the application process in order to
6 obtain or attempt to obtain a license, identification
7 card, or permit;
8 26. Has altered or attempted to alter a license or
9 has possessed an altered license, identification card, or
10 permit;
11 27. Has violated Section 6-16 of the Liquor Control
12 Act of 1934;
13 28. Has been convicted of the illegal possession,
14 while operating or in actual physical control, as a
15 driver, of a motor vehicle, of any controlled substance
16 prohibited under the Illinois Controlled Substances Act
17 or any cannabis prohibited under the provisions of the
18 Cannabis Control Act, in which case the person's driving
19 privileges shall be suspended for one year, and any
20 driver who is convicted of a second or subsequent
21 offense, within 5 years of a previous conviction, for the
22 illegal possession, while operating or in actual physical
23 control, as a driver, of a motor vehicle, of any
24 controlled substance prohibited under the provisions of
25 the Illinois Controlled Substances Act or any cannabis
26 prohibited under the Cannabis Control Act shall be
27 suspended for 5 years. Any defendant found guilty of this
28 offense while operating a motor vehicle, shall have an
29 entry made in the court record by the presiding judge
30 that this offense did occur while the defendant was
31 operating a motor vehicle and order the clerk of the
32 court to report the violation to the Secretary of State;
33 29. Has been convicted of the following offenses
34 that were committed while the person was operating or in
HB2509 Engrossed -15- LRB9008408RCpcA
1 actual physical control, as a driver, of a motor vehicle:
2 criminal sexual assault, predatory criminal sexual
3 assault of a child, aggravated criminal sexual assault,
4 criminal sexual abuse, aggravated criminal sexual abuse,
5 juvenile pimping, soliciting for a juvenile prostitute
6 and the manufacture, sale or delivery of controlled
7 substances or instruments used for illegal drug use or
8 abuse in which case the driver's driving privileges shall
9 be suspended for one year;
10 30. Has been convicted a second or subsequent time
11 for any combination of the offenses named in paragraph 29
12 of this subsection, in which case the person's driving
13 privileges shall be suspended for 5 years;
14 31. Has refused to submit to a test as required by
15 Section 11-501.6 or has submitted to a test resulting in
16 an alcohol concentration of 0.08 or more or any amount of
17 a drug, substance, or compound resulting from the
18 unlawful use or consumption of cannabis as listed in the
19 Cannabis Control Act or a controlled substance as listed
20 in the Illinois Controlled Substances Act in which case
21 the penalty shall be as prescribed in Section 6-208.1;
22 32. Has been convicted of Section 24-1.2 of the
23 Criminal Code of 1961 relating to the aggravated
24 discharge of a firearm if the offender was located in a
25 motor vehicle at the time the firearm was discharged, in
26 which case the suspension shall be for 3 years;
27 33. Has as a driver, who was less than 21 years of
28 age on the date of the offense, been convicted a first
29 time of a violation of paragraph (a) of Section 11-502 of
30 this Code or a similar provision of a local ordinance; or
31 34. Has committed a violation of Section 11-1301.5
32 of this Code; or
33 35. Has committed a violation of Section 11-1301.6
34 of this Code;.
HB2509 Engrossed -16- LRB9008408RCpcA
1 36. 34. Is under the age of 21 years at the time of
2 arrest and has been convicted of not less than 2
3 offenses against traffic regulations governing the
4 movement of vehicles committed within any 24 month
5 period. No revocation or suspension shall be entered
6 more than 6 months after the date of last conviction;.
7 37. Has been convicted of violating Section 11-503
8 of this Code relating to reckless driving;
9 38. Has been convicted of violating Section
10 11-503.5 of this Code relating to road rage; or
11 39. Has been convicted of violating Section
12 11-503.6 of this Code relating to aggressive driving.
13 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
14 and 27 of this subsection, license means any driver's
15 license, any traffic ticket issued when the person's driver's
16 license is deposited in lieu of bail, a suspension notice
17 issued by the Secretary of State, a duplicate or corrected
18 driver's license, a probationary driver's license or a
19 temporary driver's license.
20 (b) If any conviction forming the basis of a suspension
21 or revocation authorized under this Section is appealed, the
22 Secretary of State may rescind or withhold the entry of the
23 order of suspension or revocation, as the case may be,
24 provided that a certified copy of a stay order of a court is
25 filed with the Secretary of State. If the conviction is
26 affirmed on appeal, the date of the conviction shall relate
27 back to the time the original judgment of conviction was
28 entered and the 6 month limitation prescribed shall not
29 apply.
30 (c) 1. Upon suspending or revoking the driver's license
31 or permit of any person as authorized in this Section,
32 the Secretary of State shall immediately notify the
33 person in writing of the revocation or suspension. The
34 notice to be deposited in the United States mail, postage
HB2509 Engrossed -17- LRB9008408RCpcA
1 prepaid, to the last known address of the person.
2 2. If the Secretary of State suspends the driver's
3 license of a person under subsection 2 of paragraph (a)
4 of this Section, a person's privilege to operate a
5 vehicle as an occupation shall not be suspended, provided
6 an affidavit is properly completed, the appropriate fee
7 received, and a permit issued prior to the effective date
8 of the suspension, unless 5 offenses were committed, at
9 least 2 of which occurred while operating a commercial
10 vehicle in connection with the driver's regular
11 occupation. All other driving privileges shall be
12 suspended by the Secretary of State. Any driver prior to
13 operating a vehicle for occupational purposes only must
14 submit the affidavit on forms to be provided by the
15 Secretary of State setting forth the facts of the
16 person's occupation. The affidavit shall also state the
17 number of offenses committed while operating a vehicle in
18 connection with the driver's regular occupation. The
19 affidavit shall be accompanied by the driver's license.
20 Upon receipt of a properly completed affidavit, the
21 Secretary of State shall issue the driver a permit to
22 operate a vehicle in connection with the driver's regular
23 occupation only. Unless the permit is issued by the
24 Secretary of State prior to the date of suspension, the
25 privilege to drive any motor vehicle shall be suspended
26 as set forth in the notice that was mailed under this
27 Section. If an affidavit is received subsequent to the
28 effective date of this suspension, a permit may be issued
29 for the remainder of the suspension period.
30 The provisions of this subparagraph shall not apply
31 to any driver required to obtain a commercial driver's
32 license under Section 6-507 during the period of a
33 disqualification of commercial driving privileges under
34 Section 6-514.
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1 Any person who falsely states any fact in the
2 affidavit required herein shall be guilty of perjury
3 under Section 6-302 and upon conviction thereof shall
4 have all driving privileges revoked without further
5 rights.
6 3. At the conclusion of a hearing under Section
7 2-118 of this Code, the Secretary of State shall either
8 rescind or continue an order of revocation or shall
9 substitute an order of suspension; or, good cause
10 appearing therefor, rescind, continue, change, or extend
11 the order of suspension. If the Secretary of State does
12 not rescind the order, the Secretary may upon
13 application, to relieve undue hardship, issue a
14 restricted driving permit granting the privilege of
15 driving a motor vehicle between the petitioner's
16 residence and petitioner's place of employment or within
17 the scope of his employment related duties, or to allow
18 transportation for the petitioner, or a household member
19 of the petitioner's family, to receive necessary medical
20 care and if the professional evaluation indicates,
21 provide transportation for alcohol remedial or
22 rehabilitative activity, or for the petitioner to attend
23 classes, as a student, in an accredited educational
24 institution; if the petitioner is able to demonstrate
25 that no alternative means of transportation is reasonably
26 available and the petitioner will not endanger the public
27 safety or welfare. In each case the Secretary may issue a
28 restricted driving permit for a period deemed
29 appropriate, except that all permits shall expire within
30 one year from the date of issuance. A restricted driving
31 permit issued under this Section shall be subject to
32 cancellation, revocation, and suspension by the Secretary
33 of State in like manner and for like cause as a driver's
34 license issued under this Code may be cancelled, revoked,
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1 or suspended; except that a conviction upon one or more
2 offenses against laws or ordinances regulating the
3 movement of traffic shall be deemed sufficient cause for
4 the revocation, suspension, or cancellation of a
5 restricted driving permit. The Secretary of State may, as
6 a condition to the issuance of a restricted driving
7 permit, require the applicant to participate in a
8 designated driver remedial or rehabilitative program. The
9 Secretary of State is authorized to cancel a restricted
10 driving permit if the permit holder does not successfully
11 complete the program.
12 (c-5) The Secretary of State may, as a condition of the
13 reissuance of a driver's license or permit to an applicant
14 under the age of 18 years whose driver's license or permit
15 has been suspended pursuant to any of the provisions of this
16 Section, require the applicant to participate in a driver
17 remedial education course and be retested under Section 6-109
18 of this Code.
19 (d) This Section is subject to the provisions of the
20 Drivers License Compact.
21 (e) The Secretary of State shall not issue a restricted
22 driving permit to a person under the age of 16 years whose
23 driving privileges have been suspended or revoked under any
24 provisions of this Code.
25 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
26 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
27 1-1-98; 90-369, eff. 1-1-98; revised 10-28-97.)
28 (625 ILCS 5/11-503.5 new)
29 Sec. 11-503.5. Road rage.
30 (a) Any person who intentionally with malice uses any
31 vehicle in such an unlawful manner as to endanger the bodily
32 safety or property of another driver, bicyclist, or
33 pedestrian is guilty of road rage.
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1 (b) Road rage is a Class A misdemeanor, except as
2 provided in subsection (c) of this Section.
3 (c) (1) Every person convicted of committing a violation
4 of subsection (a) of this Section is guilty of aggravated
5 road rage if the violation results in great bodily harm or
6 permanent disfigurement to another.
7 (2) Aggravated road rage is a Class 4 felony for
8 which the offender shall be mandatorily sentenced to a
9 minimum of 48 consecutive hours of imprisonment. This
10 imprisonment shall not be subject to suspension, nor
11 shall the offender be eligible for probation in order to
12 reduce the sentence.
13 (625 ILCS 5/11-503.6 new)
14 Sec. 11-503.6. Aggressive driving.
15 (a) Any person who operates any vehicle carelessly or
16 heedlessly without watchful attention, concern, caution, or
17 regard for the rights or safety of others, or in a manner
18 that endangers or is likely to endanger any property or any
19 person, including the driver or passengers of the vehicle, is
20 guilty of aggressive driving.
21 For the purpose of this Section "aggressive driving"
22 means operating a motor vehicle carelessly or heedlessly in
23 disregard for the rights of others or in a manner that
24 endangers or is likely to endanger any property or any
25 person, including the driver or passengers of the vehicle and
26 committing any 3 or more of the following different traffic
27 offenses: 11-709 improper lane usage; 11-704 improper
28 overtaking on the right; 11-709.1 improper driving on the
29 shoulder; 11-710 following too closely; 11-203 disobeying a
30 police officer; 11-305 disobeying a traffic control device;
31 11-306 disobeying a traffic control signal; 11-504 drag
32 racing; 11-601 speeding; 11-605 speeding in a school zone or
33 highway construction/maintenance zone; 11-701 driving on the
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1 wrong side of the roadway; 11-707 disobeying a no-passing
2 zone; 11-802 improper U turn; 11-804 failure to signal when
3 required (turning or stopping); 11-904 failure to yield;
4 11-1002 failure to yield to a pedestrian; 11-1201 disobeying
5 a railroad crossing signal; or 11-1204 disobeyed stop or
6 yield sign.
7 (b) Sentence. Any person convicted of aggressive
8 driving is guilty of a Class B misdemeanor. A second or
9 subsequent commission of the offense of aggressive driving is
10 a Class A misdemeanor.
11 Section 99. Effective date. This Act takes effect
12 January 1, 1999.