State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 002 ]

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; or
29             34.  Has committed a violation of Section  11-1301.5
30        of this Code; or
31             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.".

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