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90_HB2509ham001 LRB9008408RCpcam02 1 AMENDMENT TO HOUSE BILL 2509 2 AMENDMENT NO. . Amend House Bill 2509 by replacing 3 the title with the following: 4 "AN ACT to amend the Illinois Vehicle Code by changing 5 Sections 6-204 and 6-206 and adding Sections 11-503.5 and 6 11-503.6."; and 7 by replacing everything after the enacting clause with the 8 following: 9 "Section 5. The Illinois Vehicle Code is amended by 10 changing Sections 6-204 and 6-206 and adding Sections 11 11-503.5 and 11-503.6 as follows: 12 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204) 13 Sec. 6-204. When Court to forward License and Reports. 14 (a) For the purpose of providing to the Secretary of 15 State the records essential to the performance of the 16 Secretary's duties under this Code to cancel, revoke or 17 suspend the driver's license and privilege to drive motor 18 vehicles of persons found guilty of the criminal offenses or 19 traffic violations which this Code recognizes as evidence 20 relating to unfitness to safely operate motor vehicles, the 21 following duties are imposed upon public officials: -2- LRB9008408RCpcam02 1 1. Whenever any person is convicted of any offense 2 for which this Code makes mandatory the cancellation or 3 revocation of the driver's license or permit of such 4 person by the Secretary of State, the judge of the court 5 in which such conviction is had shall require the 6 surrender to the clerk of the court of all driver's 7 licenses or permits then held by the person so convicted, 8 and the clerk of the court shall, within 10 days 9 thereafter, forward the same, together with a report of 10 such conviction, to the Secretary. 11 2. Whenever any person is convicted of any offense 12 under this Code or similar offenses under a municipal 13 ordinance, other than regulations governing standing, 14 parking or weights of vehicles, and excepting the 15 following enumerated Sections of this Code: Sections 16 11-1406 (obstruction to driver's view or control), 17 11-1407 (improper opening of door into traffic), 11-1410 18 (coasting on downgrade), 11-1411 (following fire 19 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 20 (driving vehicle which is in unsafe condition or 21 improperly equipped), 12-201(a) (daytime lights on 22 motorcycles), 12-202 (clearance, identification and side 23 marker lamps), 12-204 (lamp or flag on projecting load), 24 12-205 (failure to display the safety lights required), 25 12-401 (restrictions as to tire equipment), 12-502 26 (mirrors), 12-503 (windshields must be unobstructed and 27 equipped with wipers), 12-601 (horns and warning 28 devices), 12-602 (mufflers, prevention of noise or 29 smoke), 12-603 (seat safety belts), 12-702 (certain 30 vehicles to carry flares or other warning devices), 31 12-703 (vehicles for oiling roads operated on highways), 32 12-710 (splash guards and replacements), 13-101 (safety 33 tests), 15-101 (size, weight and load), 15-102 (width), 34 15-103 (height), 15-104 (name and address on second -3- LRB9008408RCpcam02 1 division vehicles), 15-107 (length of vehicle), 15-109.1 2 (cover or tarpaulin), 15-111 (weights), 15-112 (weights), 3 15-301 (weights), 15-316 (weights), 15-318 (weights), and 4 also excepting the following enumerated Sections of the 5 Chicago Municipal Code: Sections 27-245 (following fire 6 apparatus), 27-254 (obstruction of traffic), 27-258 7 (driving vehicle which is in unsafe condition), 27-259 8 (coasting on downgrade), 27-264 (use of horns and signal 9 devices), 27-265 (obstruction to driver's view or driver 10 mechanism), 27-267 (dimming of headlights), 27-268 11 (unattended motor vehicle), 27-272 (illegal funeral 12 procession), 27-273 (funeral procession on boulevard), 13 27-275 (driving freighthauling vehicles on boulevard), 14 27-276 (stopping and standing of buses or taxicabs), 15 27-277 (cruising of public passenger vehicles), 27-305 16 (parallel parking), 27-306 (diagonal parking), 27-307 17 (parking not to obstruct traffic), 27-308 (stopping, 18 standing or parking regulated), 27-311 (parking 19 regulations), 27-312 (parking regulations), 27-313 20 (parking regulations), 27-314 (parking regulations), 21 27-315 (parking regulations), 27-316 (parking 22 regulations), 27-317 (parking regulations), 27-318 23 (parking regulations), 27-319 (parking regulations), 24 27-320 (parking regulations), 27-321 (parking 25 regulations), 27-322 (parking regulations), 27-324 26 (loading and unloading at an angle), 27-333 (wheel and 27 axle loads), 27-334 (load restrictions in the downtown 28 district), 27-335 (load restrictions in residential 29 areas), 27-338 (width of vehicles), 27-339 (height of 30 vehicles), 27-340 (length of vehicles), 27-352 31 (reflectors on trailers), 27-353 (mufflers), 27-354 32 (display of plates), 27-355 (display of city vehicle tax 33 sticker), 27-357 (identification of vehicles), 27-358 34 (projecting of loads), and also excepting the following -4- LRB9008408RCpcam02 1 enumerated paragraphs of Section 2-201 of the Rules and 2 Regulations of the Illinois State Toll Highway Authority: 3 (l) (driving unsafe vehicle on tollway), (m) (vehicles 4 transporting dangerous cargo not properly indicated), it 5 shall be the duty of the clerk of the court in which such 6 conviction is had within 10 days thereafter to forward to 7 the Secretary of State a report of the conviction and the 8 court may recommend the suspension of the driver's 9 license or permit of the person so convicted. 10 The reporting requirements of this subsection shall apply 11 to all violations stated in paragraphs 1 and 2 of this 12 subsection when the individual has been adjudicated under the 13 Juvenile Court Act or the Juvenile Court Act of 1987. Such 14 reporting requirements shall also apply to individuals 15 adjudicated under the Juvenile Court Act or the Juvenile 16 Court Act of 1987 who have committed a violation of Section 17 11-501 of this Code, or similar provision of a local 18 ordinance, or Section 9-3 of the Criminal Code of 1961, as 19 amended, relating to the offense of reckless homicide. All 20 juvenile court dispositions reported to the Secretary of 21 State under this provision shall be processed by the 22 Secretary of State as if the cases had been adjudicated in 23 traffic or criminal court. However, information reported 24 relative to the offense of reckless homicide, or Section 25 11-501 of this Code, or a similar provision of a local 26 ordinance, shall be privileged and available only to the 27 Secretary of State, courts, and police officers. 28 3. Whenever an order is entered vacating the 29 forfeiture of any bail, security or bond given to secure 30 appearance for any offense under this Code or similar 31 offenses under municipal ordinance, it shall be the duty 32 of the clerk of the court in which such vacation was had 33 or the judge of such court if such court has no clerk, 34 within 10 days thereafter to forward to the Secretary of -5- LRB9008408RCpcam02 1 State a report of the vacation. 2 4. A report of any disposition of court supervision 3 for a violation of Sections 6-303, 11-401, 11-501 or a 4 similar provision of a local ordinance, 11-503, 11-503.5, 5 11-503.6, and 11-504 shall be forwarded to the Secretary 6 of State. A report of any disposition of court 7 supervision for a violation of an offense defined as a 8 serious traffic violation in this Code or a similar 9 provision of a local ordinance committed by a person 10 under the age of 21 years shall be forwarded to the 11 Secretary of State. 12 5. Reports of conviction in a computer processible 13 medium shall be forwarded to the Secretary of State via 14 the Supreme Court in the form and format required by the 15 Illinois Supreme Court and established by a written 16 agreement between the Supreme Court and the Secretary of 17 State. In counties with a population over 300,000, 18 instead of forwarding reports to the Supreme Court, 19 reports of conviction in a computer processible medium 20 may be forwarded to the Secretary of State by the Circuit 21 Court Clerk in a form and format required by the 22 Secretary of State and established by written agreement 23 between the Circuit Court Clerk and the Secretary of 24 State. Failure to forward the reports of conviction as 25 required by this Section shall be deemed an omission of 26 duty and it shall be the duty of the several State's 27 Attorneys to enforce the requirements of this Section. 28 (b) Whenever a restricted driving permit is forwarded to 29 a court, as a result of confiscation by a police officer 30 pursuant to the authority in Section 6-113(f), it shall be 31 the duty of the clerk, or judge, if the court has no clerk, 32 to forward such restricted driving permit and a facsimile of 33 the officer's citation to the Secretary of State as 34 expeditiously as practicable. -6- LRB9008408RCpcam02 1 (c) For the purposes of this Code, a forfeiture of bail 2 or collateral deposited to secure a defendant's appearance in 3 court when forfeiture has not been vacated, or the failure of 4 a defendant to appear for trial after depositing his driver's 5 license in lieu of other bail, shall be equivalent to a 6 conviction. 7 (d) For the purpose of providing the Secretary of State 8 with records necessary to properly monitor and assess driver 9 performance and assist the courts in the proper disposition 10 of repeat traffic law offenders, the clerk of the court shall 11 forward to the Secretary of State, on a form prescribed by 12 the Secretary, records of driver's participation in a driver 13 remedial or rehabilitative program which was required, 14 through a court order or court supervision, in relation to 15 the driver's arrest for a violation of Section 11-501 of this 16 Code or a similar provision of a local ordinance. Such 17 reports shall be sent within 10 days after the driver's 18 referral to such driver remedial or rehabilitative program. 19 Such reports, including those required to be forwarded under 20 subsection 4 of paragraph (a), shall be recorded to the 21 driver's file, but shall not be released to any outside 22 source, except the affected driver, and shall be used only to 23 assist in assessing driver performance and for the purpose of 24 informing the courts that such driver has been previously 25 assigned court supervision or referred to a driver's remedial 26 or rehabilitative program. 27 (Source: P.A. 90-369, eff. 1-1-98.) 28 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 29 Sec. 6-206. Discretionary authority to suspend or revoke 30 license or permit; Right to a hearing. 31 (a) The Secretary of State is authorized to suspend or 32 revoke the driving privileges of any person without 33 preliminary hearing upon a showing of the person's records or -7- LRB9008408RCpcam02 1 other sufficient evidence that the person: 2 1. Has committed an offense for which mandatory 3 revocation of a driver's license or permit is required 4 upon conviction; 5 2. Has been convicted of not less than 3 offenses 6 against traffic regulations governing the movement of 7 vehicles committed within any 12 month period. No 8 revocation or suspension shall be entered more than 6 9 months after the date of last conviction; 10 3. Has been repeatedly involved as a driver in 11 motor vehicle collisions or has been repeatedly convicted 12 of offenses against laws and ordinances regulating the 13 movement of traffic, to a degree that indicates lack of 14 ability to exercise ordinary and reasonable care in the 15 safe operation of a motor vehicle or disrespect for the 16 traffic laws and the safety of other persons upon the 17 highway; 18 4. Has by the unlawful operation of a motor vehicle 19 caused or contributed to an accident resulting in death 20 or injury requiring immediate professional treatment in a 21 medical facility or doctor's office to any person, except 22 that any suspension or revocation imposed by the 23 Secretary of State under the provisions of this 24 subsection shall start no later than 6 months after being 25 convicted of violating a law or ordinance regulating the 26 movement of traffic, which violation is related to the 27 accident, or shall start not more than one year after the 28 date of the accident, whichever date occurs later; 29 5. Has permitted an unlawful or fraudulent use of a 30 driver's license, identification card, or permit; 31 6. Has been lawfully convicted of an offense or 32 offenses in another state, including the authorization 33 contained in Section 6-203.1, which if committed within 34 this State would be grounds for suspension or revocation; -8- LRB9008408RCpcam02 1 7. Has refused or failed to submit to an 2 examination provided for by Section 6-207 or has failed 3 to pass the examination; 4 8. Is ineligible for a driver's license or permit 5 under the provisions of Section 6-103; 6 9. Has made a false statement or knowingly 7 concealed a material fact or has used false information 8 or identification in any application for a license, 9 identification card, or permit; 10 10. Has possessed, displayed, or attempted to 11 fraudulently use any license, identification card, or 12 permit not issued to the person; 13 11. Has operated a motor vehicle upon a highway of 14 this State when the person's driving privilege or 15 privilege to obtain a driver's license or permit was 16 revoked or suspended unless the operation was authorized 17 by a judicial driving permit, probationary license to 18 drive, or a restricted driving permit issued under this 19 Code; 20 12. Has submitted to any portion of the application 21 process for another person or has obtained the services 22 of another person to submit to any portion of the 23 application process for the purpose of obtaining a 24 license, identification card, or permit for some other 25 person; 26 13. Has operated a motor vehicle upon a highway of 27 this State when the person's driver's license or permit 28 was invalid under the provisions of Sections 6-107.1 and 29 6-110; 30 14. Has committed a violation of Section 6-301, 31 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 32 14B of the Illinois Identification Card Act; 33 15. Has been convicted of violating Section 21-2 of 34 the Criminal Code of 1961 relating to criminal trespass -9- LRB9008408RCpcam02 1 to vehicles in which case, the suspension shall be for 2 one year; 3 16. Has been convicted of violating Section 11-204 4 of this Code relating to fleeing from a police officer; 5 17. Has refused to submit to a test, or tests, as 6 required under Section 11-501.1 of this Code and the 7 person has not sought a hearing as provided for in 8 Section 11-501.1; 9 18. Has, since issuance of a driver's license or 10 permit, been adjudged to be afflicted with or suffering 11 from any mental disability or disease; 12 19. Has committed a violation of paragraph (a) or 13 (b) of Section 6-101 relating to driving without a 14 driver's license; 15 20. Has been convicted of violating Section 6-104 16 relating to classification of driver's license; 17 21. Has been convicted of violating Section 11-402 18 of this Code relating to leaving the scene of an accident 19 resulting in damage to a vehicle in excess of $1,000, in 20 which case the suspension shall be for one year; 21 22. Has used a motor vehicle in violating paragraph 22 (3), (4), (7), or (9) of subsection (a) of Section 24-1 23 of the Criminal Code of 1961 relating to unlawful use of 24 weapons, in which case the suspension shall be for one 25 year; 26 23. Has, as a driver, been convicted of committing 27 a violation of paragraph (a) of Section 11-502 of this 28 Code for a second or subsequent time within one year of a 29 similar violation; 30 24. Has been convicted by a court-martial or 31 punished by non-judicial punishment by military 32 authorities of the United States at a military 33 installation in Illinois of or for a traffic related 34 offense that is the same as or similar to an offense -10- LRB9008408RCpcam02 1 specified under Section 6-205 or 6-206 of this Code; 2 25. Has permitted any form of identification to be 3 used by another in the application process in order to 4 obtain or attempt to obtain a license, identification 5 card, or permit; 6 26. Has altered or attempted to alter a license or 7 has possessed an altered license, identification card, or 8 permit; 9 27. Has violated Section 6-16 of the Liquor Control 10 Act of 1934; 11 28. Has been convicted of the illegal possession, 12 while operating or in actual physical control, as a 13 driver, of a motor vehicle, of any controlled substance 14 prohibited under the Illinois Controlled Substances Act 15 or any cannabis prohibited under the provisions of the 16 Cannabis Control Act, in which case the person's driving 17 privileges shall be suspended for one year, and any 18 driver who is convicted of a second or subsequent 19 offense, within 5 years of a previous conviction, for the 20 illegal possession, while operating or in actual physical 21 control, as a driver, of a motor vehicle, of any 22 controlled substance prohibited under the provisions of 23 the Illinois Controlled Substances Act or any cannabis 24 prohibited under the Cannabis Control Act shall be 25 suspended for 5 years. Any defendant found guilty of this 26 offense while operating a motor vehicle, shall have an 27 entry made in the court record by the presiding judge 28 that this offense did occur while the defendant was 29 operating a motor vehicle and order the clerk of the 30 court to report the violation to the Secretary of State; 31 29. Has been convicted of the following offenses 32 that were committed while the person was operating or in 33 actual physical control, as a driver, of a motor vehicle: 34 criminal sexual assault, predatory criminal sexual -11- LRB9008408RCpcam02 1 assault of a child, aggravated criminal sexual assault, 2 criminal sexual abuse, aggravated criminal sexual abuse, 3 juvenile pimping, soliciting for a juvenile prostitute 4 and the manufacture, sale or delivery of controlled 5 substances or instruments used for illegal drug use or 6 abuse in which case the driver's driving privileges shall 7 be suspended for one year; 8 30. Has been convicted a second or subsequent time 9 for any combination of the offenses named in paragraph 29 10 of this subsection, in which case the person's driving 11 privileges shall be suspended for 5 years; 12 31. Has refused to submit to a test as required by 13 Section 11-501.6 or has submitted to a test resulting in 14 an alcohol concentration of 0.08 or more or any amount of 15 a drug, substance, or compound resulting from the 16 unlawful use or consumption of cannabis as listed in the 17 Cannabis Control Act or a controlled substance as listed 18 in the Illinois Controlled Substances Act in which case 19 the penalty shall be as prescribed in Section 6-208.1; 20 32. Has been convicted of Section 24-1.2 of the 21 Criminal Code of 1961 relating to the aggravated 22 discharge of a firearm if the offender was located in a 23 motor vehicle at the time the firearm was discharged, in 24 which case the suspension shall be for 3 years; 25 33. Has as a driver, who was less than 21 years of 26 age on the date of the offense, been convicted a first 27 time of a violation of paragraph (a) of Section 11-502 of 28 this Code or a similar provision of a local ordinance;or29 34. Has committed a violation of Section 11-1301.5 30 of this Code;or31 35. Has committed a violation of Section 11-1301.6 32 of this Code;.33 36.34.Is under the age of 21 years at the time of 34 arrest and has been convicted of not less than 2 -12- LRB9008408RCpcam02 1 offenses against traffic regulations governing the 2 movement of vehicles committed within any 24 month 3 period. No revocation or suspension shall be entered 4 more than 6 months after the date of last conviction;.5 37. Has been convicted of violating Section 11-503 6 of this Code relating to reckless driving; 7 38. Has been convicted of violating Section 8 11-503.5 of this Code relating to road rage; or 9 39. Has been convicted of violating Section 10 11-503.6 of this Code relating to aggressive driving. 11 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 12 and 27 of this subsection, license means any driver's 13 license, any traffic ticket issued when the person's driver's 14 license is deposited in lieu of bail, a suspension notice 15 issued by the Secretary of State, a duplicate or corrected 16 driver's license, a probationary driver's license or a 17 temporary driver's license. 18 (b) If any conviction forming the basis of a suspension 19 or revocation authorized under this Section is appealed, the 20 Secretary of State may rescind or withhold the entry of the 21 order of suspension or revocation, as the case may be, 22 provided that a certified copy of a stay order of a court is 23 filed with the Secretary of State. If the conviction is 24 affirmed on appeal, the date of the conviction shall relate 25 back to the time the original judgment of conviction was 26 entered and the 6 month limitation prescribed shall not 27 apply. 28 (c) 1. Upon suspending or revoking the driver's license 29 or permit of any person as authorized in this Section, 30 the Secretary of State shall immediately notify the 31 person in writing of the revocation or suspension. The 32 notice to be deposited in the United States mail, postage 33 prepaid, to the last known address of the person. 34 2. If the Secretary of State suspends the driver's -13- LRB9008408RCpcam02 1 license of a person under subsection 2 of paragraph (a) 2 of this Section, a person's privilege to operate a 3 vehicle as an occupation shall not be suspended, provided 4 an affidavit is properly completed, the appropriate fee 5 received, and a permit issued prior to the effective date 6 of the suspension, unless 5 offenses were committed, at 7 least 2 of which occurred while operating a commercial 8 vehicle in connection with the driver's regular 9 occupation. All other driving privileges shall be 10 suspended by the Secretary of State. Any driver prior to 11 operating a vehicle for occupational purposes only must 12 submit the affidavit on forms to be provided by the 13 Secretary of State setting forth the facts of the 14 person's occupation. The affidavit shall also state the 15 number of offenses committed while operating a vehicle in 16 connection with the driver's regular occupation. The 17 affidavit shall be accompanied by the driver's license. 18 Upon receipt of a properly completed affidavit, the 19 Secretary of State shall issue the driver a permit to 20 operate a vehicle in connection with the driver's regular 21 occupation only. Unless the permit is issued by the 22 Secretary of State prior to the date of suspension, the 23 privilege to drive any motor vehicle shall be suspended 24 as set forth in the notice that was mailed under this 25 Section. If an affidavit is received subsequent to the 26 effective date of this suspension, a permit may be issued 27 for the remainder of the suspension period. 28 The provisions of this subparagraph shall not apply 29 to any driver required to obtain a commercial driver's 30 license under Section 6-507 during the period of a 31 disqualification of commercial driving privileges under 32 Section 6-514. 33 Any person who falsely states any fact in the 34 affidavit required herein shall be guilty of perjury -14- LRB9008408RCpcam02 1 under Section 6-302 and upon conviction thereof shall 2 have all driving privileges revoked without further 3 rights. 4 3. At the conclusion of a hearing under Section 5 2-118 of this Code, the Secretary of State shall either 6 rescind or continue an order of revocation or shall 7 substitute an order of suspension; or, good cause 8 appearing therefor, rescind, continue, change, or extend 9 the order of suspension. If the Secretary of State does 10 not rescind the order, the Secretary may upon 11 application, to relieve undue hardship, issue a 12 restricted driving permit granting the privilege of 13 driving a motor vehicle between the petitioner's 14 residence and petitioner's place of employment or within 15 the scope of his employment related duties, or to allow 16 transportation for the petitioner, or a household member 17 of the petitioner's family, to receive necessary medical 18 care and if the professional evaluation indicates, 19 provide transportation for alcohol remedial or 20 rehabilitative activity, or for the petitioner to attend 21 classes, as a student, in an accredited educational 22 institution; if the petitioner is able to demonstrate 23 that no alternative means of transportation is reasonably 24 available and the petitioner will not endanger the public 25 safety or welfare. In each case the Secretary may issue a 26 restricted driving permit for a period deemed 27 appropriate, except that all permits shall expire within 28 one year from the date of issuance. A restricted driving 29 permit issued under this Section shall be subject to 30 cancellation, revocation, and suspension by the Secretary 31 of State in like manner and for like cause as a driver's 32 license issued under this Code may be cancelled, revoked, 33 or suspended; except that a conviction upon one or more 34 offenses against laws or ordinances regulating the -15- LRB9008408RCpcam02 1 movement of traffic shall be deemed sufficient cause for 2 the revocation, suspension, or cancellation of a 3 restricted driving permit. The Secretary of State may, as 4 a condition to the issuance of a restricted driving 5 permit, require the applicant to participate in a 6 designated driver remedial or rehabilitative program. The 7 Secretary of State is authorized to cancel a restricted 8 driving permit if the permit holder does not successfully 9 complete the program. 10 (c-5) The Secretary of State may, as a condition of the 11 reissuance of a driver's license or permit to an applicant 12 under the age of 18 years whose driver's license or permit 13 has been suspended pursuant to any of the provisions of this 14 Section, require the applicant to participate in a driver 15 remedial education course and be retested under Section 6-109 16 of this Code. 17 (d) This Section is subject to the provisions of the 18 Drivers License Compact. 19 (e) The Secretary of State shall not issue a restricted 20 driving permit to a person under the age of 16 years whose 21 driving privileges have been suspended or revoked under any 22 provisions of this Code. 23 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 24 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff. 25 1-1-98; 90-369, eff. 1-1-98; revised 10-28-97.) 26 (625 ILCS 5/11-503.5 new) 27 Sec. 11-503.5. Road rage. 28 (a) Any person who intentionally drives his or her 29 vehicle with malice in such an unlawful manner as to endanger 30 the bodily safety or property of another driver, bicyclist, 31 or pedestrian is guilty of road rage. 32 (b) Road rage is a Class A misdemeanor, except as 33 provided in subsection (c) of this Section. -16- LRB9008408RCpcam02 1 (c) (1) Every person convicted of committing a violation 2 of subsection (a) of this Section is guilty of aggravated 3 road rage if the violation results in great bodily harm or 4 permanent disfigurement to another. 5 (2) Aggravated road rage is a Class 4 felony. 6 (625 ILCS 5/11-503.6 new) 7 Sec. 11-503.6. Aggressive driving. 8 (a) Any person who operates any vehicle carelessly or 9 heedlessly in disregard for the rights of others, or in a 10 manner that endangers or is likely to endanger any property 11 or any person, including the driver or passengers of the 12 vehicle, is guilty of aggressive driving. 13 For the purpose of this Section "aggressive driving" 14 means operating a motor vehicle carelessly or heedlessly in 15 disregard for the rights of others or in a manner that 16 endangers or is likely to endanger any property or any 17 person, including the driver or passengers of the vehicle and 18 committing any 3 or more of the following different traffic 19 offenses: 11-709 improper lane usage; 11-704 improper 20 overtaking on the right; 11-709.1 improper driving on the 21 shoulder; 11-710 following too closely; 11-203 disobeying a 22 police officer; 11-305 disobeying a traffic control device; 23 11-306 disobeying a traffic control signal; 11-504 drag 24 racing; 11-601 speeding; 11-605 speeding in a school zone or 25 highway construction/maintenance zone; 11-701 driving on the 26 wrong side of the roadway; 11-707 disobeying a no-passing 27 zone; 11-802 improper U turn; 11-804 failure to signal when 28 required (turning or stopping); 11-904 failure to yield; 29 11-1002 failure to yield to a pedestrian; 11-1201 disobeying 30 a railroad crossing signal; or 11-1204 disobeyed stop or 31 yield sign. 32 (b) Sentence. Any person convicted of aggressive 33 driving is guilty of a Class B misdemeanor. A second or -17- LRB9008408RCpcam02 1 subsequent commission of the offense of aggressive driving is 2 a Class A misdemeanor. 3 Section 99. Effective date. This Act takes effect July 4 1, 1998.".