State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ House Amendment 001 ][ House Amendment 002 ]

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.
HB2509 Engrossed            -18-              LRB9008408RCpcA
 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,
HB2509 Engrossed            -19-              LRB9008408RCpcA
 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.
HB2509 Engrossed            -20-              LRB9008408RCpcA
 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
HB2509 Engrossed            -21-              LRB9008408RCpcA
 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.

[ Top ]