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90_SB1695
625 ILCS 5/6-205 from Ch. 95 1/2, par. 6-205
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
Amends the Illinois Vehicle Code. Replaces provisions
concerning a pilot ignition interlock device program with
provisions authorizing the Secretary of State to use ignition
interlock device requirements when granting certain relief to
individuals who have been arrested for a second or subsequent
offense of driving under the influence. Effective January 1,
1999.
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1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 6-205 and 11-501.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 6-205 and 11-501 as follows:
7 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
8 Sec. 6-205. Mandatory revocation of license or permit;
9 Hardship cases.
10 (a) Except as provided in this Section, the Secretary of
11 State shall immediately revoke the license or permit of any
12 driver upon receiving a report of the driver's conviction of
13 any of the following offenses:
14 1. Reckless homicide resulting from the operation
15 of a motor vehicle;
16 2. Violation of Section 11-501 of this Code or a
17 similar provision of a local ordinance relating to the
18 offense of operating or being in physical control of a
19 vehicle while under the influence of alcohol, other drug,
20 or combination of both;
21 3. Any felony under the laws of any State or the
22 federal government in the commission of which a motor
23 vehicle was used;
24 4. Violation of Section 11-401 of this Code
25 relating to the offense of leaving the scene of a traffic
26 accident involving death or personal injury;
27 5. Perjury or the making of a false affidavit or
28 statement under oath to the Secretary of State under this
29 Code or under any other law relating to the ownership or
30 operation of motor vehicles;
31 6. Conviction upon 3 charges of violation of
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1 Section 11-503 of this Code relating to the offense of
2 reckless driving committed within a period of 12 months;
3 7. Conviction of the offense of automobile theft as
4 defined in Section 4-102 of this Code;
5 8. Violation of Section 11-504 of this Code
6 relating to the offense of drag racing;
7 9. Violation of Chapters 8 and 9 of this Code;
8 10. Violation of Section 12-5 of the Criminal Code
9 of 1961 arising from the use of a motor vehicle;
10 11. Violation of Section 11-204.1 of this Code
11 relating to aggravated fleeing or attempting to elude a
12 police officer;
13 12. Violation of paragraph (1) of subsection (b) of
14 Section 6-507, or a similar law of any other state,
15 relating to the unlawful operation of a commercial motor
16 vehicle;
17 13. Violation of paragraph (a) of Section 11-502 of
18 this Code or a similar provision of a local ordinance if
19 the driver has been previously convicted of a violation
20 of that Section or a similar provision of a local
21 ordinance and the driver was less than 21 years of age at
22 the time of the offense.
23 (b) The Secretary of State shall also immediately revoke
24 the license or permit of any driver in the following
25 situations:
26 1. Of any minor upon receiving the notice provided
27 for in Section 1-8 of the Juvenile Court Act of 1987 that
28 the minor has been adjudicated under that Act as having
29 committed an offense relating to motor vehicles
30 prescribed in Section 4-103 of this Code;
31 2. Of any person when any other law of this State
32 requires either the revocation or suspension of a license
33 or permit.
34 (c) Whenever a person is convicted of any of the
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1 offenses enumerated in this Section, the court may recommend
2 and the Secretary of State in his discretion, without regard
3 to whether the recommendation is made by the court, may, upon
4 application, issue to the person a restricted driving permit
5 granting the privilege of driving a motor vehicle between the
6 petitioner's residence and petitioner's place of employment
7 or within the scope of the petitioner's employment related
8 duties, or to allow transportation for the petitioner or a
9 household member of the petitioner's family for the receipt
10 of necessary medical care or, if the professional evaluation
11 indicates, provide transportation for the petitioner for
12 alcohol remedial or rehabilitative activity, or for the
13 petitioner to attend classes, as a student, in an accredited
14 educational institution; if the petitioner is able to
15 demonstrate that no alternative means of transportation is
16 reasonably available and the petitioner will not endanger the
17 public safety or welfare; provided that the Secretary's
18 discretion shall be limited to cases where undue hardship
19 would result from a failure to issue the restricted driving
20 permit. In each case the Secretary of State may issue a
21 restricted driving permit for a period he deems appropriate,
22 except that the permit shall expire within one year from the
23 date of issuance. A restricted driving permit issued under
24 this Section shall be subject to cancellation, revocation,
25 and suspension by the Secretary of State in like manner and
26 for like cause as a driver's license issued under this Code
27 may be cancelled, revoked, or suspended; except that a
28 conviction upon one or more offenses against laws or
29 ordinances regulating the movement of traffic shall be deemed
30 sufficient cause for the revocation, suspension, or
31 cancellation of a restricted driving permit. The Secretary of
32 State may, as a condition to the issuance of a restricted
33 driving permit, require the applicant to participate in a
34 designated driver remedial or rehabilitative program. The
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1 Secretary of State is authorized to cancel a restricted
2 driving permit if the permit holder does not successfully
3 complete the program. However, if an individual's driving
4 privileges have been revoked in accordance with paragraph 13
5 of subsection (a) of this Section, no restricted driving
6 permit shall be issued until the individual has served 6
7 months of the revocation period.
8 (d) Whenever a person under the age of 21 is convicted
9 under Section 11-501 of this Code or a similar provision of a
10 local ordinance, the Secretary of State shall revoke the
11 driving privileges of that person. One year after the date
12 of revocation, and upon application, the Secretary of State
13 may, if satisfied that the person applying will not endanger
14 the public safety or welfare, issue a restricted driving
15 permit granting the privilege of driving a motor vehicle only
16 between the hours of 5 a.m. and 9 p.m. or as otherwise
17 provided by this Section for a period of one year. After
18 this one year period, and upon reapplication for a license as
19 provided in Section 6-106, upon payment of the appropriate
20 reinstatement fee provided under paragraph (b) of Section
21 6-118, the Secretary of State, in his discretion, may issue
22 the applicant a license, or extend the restricted driving
23 permit as many times as the Secretary of State deems
24 appropriate, by additional periods of not more than 12 months
25 each, until the applicant attains 21 years of age. A
26 restricted driving permit issued under this Section shall be
27 subject to cancellation, revocation, and suspension by the
28 Secretary of State in like manner and for like cause as a
29 driver's license issued under this Code may be cancelled,
30 revoked, or suspended; except that a conviction upon one or
31 more offenses against laws or ordinances regulating the
32 movement of traffic shall be deemed sufficient cause for the
33 revocation, suspension, or cancellation of a restricted
34 driving permit. Any person under 21 years of age who has a
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1 driver's license revoked for a second or subsequent
2 conviction for driving under the influence, prior to the age
3 of 21, shall not be eligible to submit an application for a
4 full reinstatement of driving privileges or a restricted
5 driving permit until age 21 or one additional year from the
6 date of the latest such revocation, whichever is the longer.
7 The revocation periods contained in this subparagraph shall
8 apply to similar out-of-state convictions.
9 (e) This Section is subject to the provisions of the
10 Driver License Compact.
11 (f) Any revocation imposed upon any person under
12 subsections 2 and 3 of paragraph (b) that is in effect on
13 December 31, 1988 shall be converted to a suspension for a
14 like period of time.
15 (g) The Secretary of State shall not issue a restricted
16 driving permit to a person under the age of 16 years whose
17 driving privileges have been revoked under any provisions of
18 this Code.
19 (h) The Secretary of State may use ignition interlock
20 device requirements when granting driving relief to
21 individuals who have been arrested for a second or subsequent
22 offense under Section 11-501 of this Code or a similar
23 provision of a local ordinance. The Secretary shall
24 establish by rule and regulation the procedures for use of
25 the interlock system.
26 (Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
27 89-626, eff. 8-9-96; 90-369, eff. 1-1-98.)
28 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
29 Sec. 11-501. Driving while under the influence of
30 alcohol, other drug, or combination of both.
31 (a) A person shall not drive or be in actual physical
32 control of any vehicle within this State while:
33 (1) the alcohol concentration in the person's blood
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1 or breath is 0.08 or more based on the definition of
2 blood and breath units in Section 11-501.2;
3 (2) under the influence of alcohol;
4 (3) under the influence of any other drug or
5 combination of drugs to a degree that renders the person
6 incapable of safely driving;
7 (4) under the combined influence of alcohol and any
8 other drug or drugs to a degree that renders the person
9 incapable of safely driving; or
10 (5) there is any amount of a drug, substance, or
11 compound in the person's blood or urine resulting from
12 the unlawful use or consumption of cannabis listed in the
13 Cannabis Control Act, or a controlled substance listed in
14 the Illinois Controlled Substances Act.
15 (b) The fact that any person charged with violating this
16 Section is or has been legally entitled to use alcohol, or
17 other drugs, or any combination of both, shall not
18 constitute a defense against any charge of violating this
19 Section.
20 (c) Except as provided under paragraphs (c-3) and (d) of
21 this Section, every person convicted of violating this
22 Section or a similar provision of a local ordinance, shall be
23 guilty of a Class A misdemeanor and, in addition to any other
24 criminal or administrative action, for any second conviction
25 of violating this Section or a similar provision of a law of
26 another state or local ordinance committed within 5 years of
27 a previous violation of this Section or a similar provision
28 of a local ordinance shall be mandatorily sentenced to a
29 minimum of 48 consecutive hours of imprisonment or assigned
30 to a minimum of 100 hours of community service as may be
31 determined by the court. Every person convicted of violating
32 this Section or a similar provision of a local ordinance
33 shall be subject to a mandatory minimum fine of $500 and a
34 mandatory 5 days of community service in a program benefiting
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1 children if the person committed a violation of paragraph (a)
2 or a similar provision of a local ordinance while
3 transporting a person under age 16. Every person convicted a
4 second time for violating this Section or a similar provision
5 of a local ordinance within 5 years of a previous violation
6 of this Section or a similar provision of a law of another
7 state or local ordinance shall be subject to a mandatory
8 minimum fine of $500 and 10 days of mandatory community
9 service in a program benefiting children if the current
10 offense was committed while transporting a person under age
11 16. The imprisonment or assignment under this subsection
12 shall not be subject to suspension nor shall the person be
13 eligible for probation in order to reduce the sentence or
14 assignment.
15 (c-1) A person who violates this Section during a period
16 in which his or her driving privileges are revoked or
17 suspended, where the revocation or suspension was for a
18 violation of this Section or Section 11-501.1 shall, unless
19 sentenced to a term of imprisonment in the penitentiary, in
20 addition to any other criminal or administrative action, be
21 sentenced to a minimum term of 30 consecutive days of
22 imprisonment, 40 days of 24 hour periodic imprisonment or 720
23 hours of community service, as may be determined by the
24 court. This mandatory minimum term of imprisonment or
25 assignment of community service shall not be suspended and
26 shall not be subject to reduction by the court.
27 (c-2) (Blank).
28 (c-3) Every person convicted of violating this Section
29 or a similar provision of a local ordinance who had a child
30 under age 16 in the vehicle at the time of the offense shall
31 have his or her punishment under this Act enhanced by 2 days
32 of imprisonment for a first offense, 10 days of imprisonment
33 for a second offense, 30 days of imprisonment for a third
34 offense, and 90 days of imprisonment for a fourth or
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1 subsequent offense, in addition to the fine and community
2 service required under subsection (c) and the possible
3 imprisonment required under subsection (d). The imprisonment
4 or assignment under this subsection shall not be subject to
5 suspension nor shall the person be eligible for probation in
6 order to reduce the sentence or assignment.
7 (d) (1) Every person convicted of committing a violation
8 of this Section shall be guilty of aggravated driving under
9 the influence of alcohol or drugs or a combination of both
10 if:
11 (A) the person committed a violation of this
12 Section, or a similar provision of a law of another state
13 or a local ordinance when the cause of action is the same
14 as or substantially similar to this Section, for the
15 third or subsequent time;
16 (B) the person committed a violation of paragraph
17 (a) while driving a school bus with children on board;
18 (C) the person in committing a violation of
19 paragraph (a) was involved in a motor vehicle accident
20 that resulted in great bodily harm or permanent
21 disability or disfigurement to another, when the
22 violation was a proximate cause of the injuries; or
23 (D) the person committed a violation of paragraph
24 (a) for a second time and has been previously convicted
25 of violating Section 9-3 of the Criminal Code of 1961
26 relating to reckless homicide in which the person was
27 determined to have been under the influence of alcohol or
28 any other drug or drugs as an element of the offense or
29 the person has previously been convicted under
30 subparagraph (C) of this paragraph (1).
31 (2) Aggravated driving under the influence of alcohol or
32 drugs or a combination of both is a Class 4 felony for which
33 a person, if sentenced to a term of imprisonment, shall be
34 sentenced to not less than one year and not more than 3 years
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1 for a violation of subparagraph (A), (B) or (D) of paragraph
2 (1) of this subsection (d) and not less than one year and not
3 more than 12 years for a violation of subparagraph (C) of
4 paragraph (1) of this subsection (d). For any prosecution
5 under this subsection (d), a certified copy of the driving
6 abstract of the defendant shall be admitted as proof of any
7 prior conviction.
8 (e) After a finding of guilt and prior to any final
9 sentencing, or an order for supervision, for an offense based
10 upon an arrest for a violation of this Section or a similar
11 provision of a local ordinance, individuals shall be required
12 to undergo a professional evaluation to determine if an
13 alcohol or other drug abuse problem exists and the extent of
14 the problem. Programs conducting these evaluations shall be
15 licensed by the Department of Human Services. The cost of
16 any professional evaluation shall be paid for by the
17 individual required to undergo the professional evaluation.
18 (f) Every person found guilty of violating this Section,
19 whose operation of a motor vehicle while in violation of this
20 Section proximately caused any incident resulting in an
21 appropriate emergency response, shall be liable for the
22 expense of an emergency response as provided under Section
23 5-5-3 of the Unified Code of Corrections.
24 (g) The Secretary of State shall revoke the driving
25 privileges of any person convicted under this Section or a
26 similar provision of a local ordinance.
27 (h) Every person sentenced under subsection (d) of this
28 Section and who receives a term of probation or conditional
29 discharge shall be required to serve a minimum term of either
30 30 days community service or, beginning July 1, 1993, 48
31 consecutive hours of imprisonment as a condition of the
32 probation or conditional discharge. This mandatory minimum
33 term of imprisonment or assignment of community service shall
34 not be suspended and shall not be subject to reduction by the
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1 court.
2 (i) The Secretary of State may use shall establish a
3 pilot program to test the effectiveness of ignition interlock
4 device requirements when granting driving relief to upon
5 individuals who have been arrested for a second or subsequent
6 offense of this Section or a similar provision of a local
7 ordinance. The Secretary shall establish by rule and
8 regulation the population and procedures for use of the
9 interlock system.
10 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
11 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
12 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
13 10-24-97.)
14 Section 99. Effective date. This Act takes effect
15 January 1, 1999.